353
HR 3019 EAS
any administrative office building that is not located
in a building containing classrooms; and
(2) the term ‘‘repair and improvement’’ includes
administration, construction, and renovation.
PART 1—SCHOOL FACILITIES
SEC. 2551. TECHNICAL ASSISTANCE.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act the Administrator of the Gen-
eral Services Administration shall enter into a Memoran-
dum of Agreement or Understanding (referred to in this
subtitle as the ‘‘Agreement’’) with the Superintendent re-
garding the terms under which the Administrator will pro-
vide technical assistance and related services with respect
to District of Columbia public schools facilities manage-
ment in accordance with this section.
(b) TECHNICAL ASSISTANCE
AND RELATED SERV-
ICES.—The technical assistance and related services de-
scribed in subsection (a) shall include—
(1) the Administrator consulting with and advis-
ing District of Columbia public school personnel re-
sponsible for public schools facilities management, in-
cluding repair and improvement with respect to fa-
cilities management of such schools;
(2) the Administrator assisting the Superintend-
ent in developing a systemic and comprehensive fa-
354
HR 3019 EAS
cilities revitalization program, for the repair and im-
provement of District of Columbia public school fa-
cilities, which program shall—
(A) include a list of facilities to be repaired
and improved in a recommended order of prior-
ity;
(B) provide the repair and improvement re-
quired to support modern technology; and
(C) take into account the Preliminary Fa-
cilities Master Plan 2005 (prepared by the Su-
perintendent’s Task Force on Education Infra-
structure for the 21st Century);
(3) the method by which the Superintendent will
accept donations of private goods and services for use
by the District of Columbia public schools without re-
gard to any law or regulation of the District of Co-
lumbia;
(4) the Administrator recommending specific re-
pair and improvement projects in District of Colum-
bia public school facilities to the Superintendent that
are appropriate for completion by members and units
of the National Guard and the Reserves in accordance
with the program developed under paragraph (2);
(5) upon the request of the Superintendent, the
Administrator assisting the appropriate District of
355
HR 3019 EAS
Columbia public school officials in the preparation of
an action plan for the performance of any repair and
improvement recommended in the program developed
under paragraph (2), which action plan shall detail
the technical assistance and related services the Ad-
ministrator proposes to provide in the accomplish-
ment of the repair and improvement;
(6) upon the request of the Superintendent, and
if consistent with the efficient use of resources as de-
termined by the Administrator, the coordination of
the accomplishment of any repair and improvement
in accordance with the action plan prepared under
paragraph (5), except that in carrying out this para-
graph, the Administrator shall not be subject to the
requirements of title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251
et seq.), the Office of Federal Procurement Policy Act
(41 U.S.C. 401 et seq.), nor shall such action plan be
subject to review under the bid protest procedures de-
scribed in sections 3551 through 3556 of title 31,
United States Code, or the Contract Disputes Act of
1978 (41 U.S.C. 601 et seq.);
(7) providing access for the Administrator to all
District of Columbia public school facilities as well as
permitting the Administrator to request and obtain
356
HR 3019 EAS
any record or document regarding such facilities as
the Administrator determines necessary, except that
any such record or document shall not become a
record (as defined in section 552a of title 5, United
States Code) of the General Services Administration;
and
(8) the Administrator making recommendations
regarding how District of Columbia public school fa-
cilities may be used by the District of Columbia com-
munity for multiple purposes.
(c) AGREEMENT PROVISIONS.—The Agreement shall
include—
(1) the procedures by which the Superintendent
and Administrator will consult with respect to carry-
ing out this section, including reasonable time frames
for such consultation;
(2) the scope of the technical assistance and re-
lated services to be provided by the General Services
Administration in accordance with this section;
(3) assurances by the Administrator and the Su-
perintendent to cooperate with each other in any way
necessary to ensure implementation of the Agreement,
including assurances that funds available to the Dis-
trict of Columbia shall be used to pay the obligations
of the District of Columbia public school system that
357
HR 3019 EAS
are incurred as a result of actions taken under, or in
furtherance of, the Agreement, in addition to funds
available to the Administrator for purposes of this
section; and
(4) the duration of the Agreement, except that in
no event shall the Agreement remain in effect later
than the day that is 24 months after the date that the
Agreement is signed, or the day that the agency des-
ignated pursuant to section 2552(a)(2) assumes re-
sponsibility for the District of Columbia public school
facilities, whichever day is earlier.
(d) LIMITATION ON ADMINISTRATOR’S LIABILITY.—No
claim, suit, or action may be brought against the Adminis-
trator in connection with the discharge of the Administra-
tor’s responsibilities under this subtitle.
(e) SPECIAL RULE.—Notwithstanding any other pro-
vision of law, the Administrator is authorized to accept and
use a conditioned gift made for the express purpose of re-
pairing or improving a District of Columbia public school,
except that the Administrator shall not be required to carry
out any repair or improvement under this section unless
the Administrator accepts a donation of private goods or
services sufficient to cover the costs of such repair or im-
provement.
358
HR 3019 EAS
(f) EFFECTIVE DATE.—This subtitle shall cease to be
effective on the earlier day specified in subsection (c)(4).
SEC. 2552. FACILITIES REVITALIZATION PROGRAM.
(a) PROGRAM.—Not later than 24 months after the
date that the Agreement is signed, the Mayor and the Dis-
trict of Columbia Council in consultation with the Admin-
istrator, the Authority, the Board of Education, and the
Superintendent, shall—
(1) design and implement a comprehensive long-
term program for the repair and improvement, and
maintenance and management, of the District of Co-
lumbia public school facilities, which program shall
incorporate the work completed in accordance with
the program described in section 2551(b)(2); and
(2) designate a new or existing agency or au-
thority within the District of Columbia Government
to administer such program.
(b) PROCEEDS.—Such program shall include—
(1) identifying short-term funding for capital
and maintenance of facilities, which may include re-
taining proceeds from the sale or lease of a District
of Columbia public school facility; and
(2) identifying and designating long-term fund-
ing for capital and maintenance of facilities.
359
HR 3019 EAS
(c) IMPLEMENTATION.—Upon implementation of such
program, the agency or authority created or designated pur-
suant to subsection (a)(2) shall assume authority and re-
sponsibility for the repair and improvement, and mainte-
nance and management, of District of Columbia public
schools.
SEC. 2553. AUTHORIZATION OF APPROPRIATIONS FOR EN-
GINEERING PLANS.
There are authorized to be appropriated to the Admin-
istrator, $500,000 for fiscal year 1996, which funds only
shall be available for the costs of engineering plans devel-
oped to carry out this subtitle.
PART 2—WAIVERS
SEC. 2561. WAIVERS.
(a) IN GENERAL.—
(1) REQUIREMENTS
WAIVED.—Subject to sub-
section (b), all District of Columbia fees and all re-
quirements contained in the document entitled ‘‘Dis-
trict of Columbia Public Schools Standard Contract
Provisions’’ (as such document was in effect on No-
vember 2, 1995 and including any revisions or modi-
fications to such document) published by the District
of Columbia public schools for use with construction
or maintenance projects, are waived, for purposes of
repair and improvement of District of Columbia pub-
360
HR 3019 EAS
lic schools facilities for a period beginning on the date
of enactment of this Act and ending 24 months after
such date.
(2) DONATIONS.—An employer may accept, and
persons may voluntarily donate, materials and serv-
ices for the repair and improvement of a District of
Columbia public school facility: Provided, That the
provision of voluntary labor meets the requirements of
29 U.S.C. 203(e)(4).
(b) LIMITATION.—A waiver under subsection (a) shall
not apply to requirements under 40 U.S.C. 276a–276a–7.
PART 3—GIFTS, DONATIONS, BEQUESTS, AND
DEVISES
SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.
(a) IN GENERAL.—A District of Columbia public
school or a public charter school may accept directly from
any person a gift, donation, bequest, or devise of any prop-
erty, real or personal, without regard to any law or regula-
tion of the District of Columbia.
(b) TAX LAWS.—For the purposes of the income tax,
gift tax, and estate tax laws of the Federal Government,
any money or other property given, donated, bequeathed,
or devised to a District of Columbia public school or a pub-
lic charter school, shall be deemed to have been given, do-
361
HR 3019 EAS
nated, bequeathed, or devised to or for the use of the District
of Columbia.
Subtitle G—Residential School
SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED.
(a) IN GENERAL.—The Superintendent is authorized
to develop a plan to establish for the District of Columbia
a residential school for academic year 1997–1998 and to
assist in the startup of such school.
(b) PLAN REQUIREMENTS.—If developed, the plan for
the residential school shall include, at a minimum—
(1) options for the location of the school, includ-
ing the renovation or construction of a facility;
(2) financial plans for the facility, including an-
nual costs to operate the school, capital expenditures
required to open the facility, maintenance of facili-
ties, and staffing costs; and
(3) staff development and training plans.
SEC. 2602. USE OF FUNDS.
Funds under this subtitle may be used—
(1) to develop the plan described in section 2601;
and
(2) for capital costs associated with the startup
of a residential school, including the purchase of real
and personal property and the renovation or con-
struction of facilities.
362
HR 3019 EAS
SEC. 2603. FUTURE FUNDING.
The Superintendent shall identify, not later than De-
cember 31, 1996, in a report to the Mayor, the District of
Columbia Council, the Authority, and the appropriate con-
gressional committees, non-Federal funding sources for the
operation of the residential school.
SEC. 2604. GIFTS.
The Superintendent may accept donations of money,
property, and personal services for purposes of the establish-
ment and operation of the residential school.
SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.
(a) PLAN.—There are authorized to be appropriated
to the District of Columbia $100,000 for fiscal year 1996
to develop the plan described in section 2601.
(b) CAPITAL COSTS.—There are authorized to be ap-
propriated $1,900,000 for fiscal year 1997 to carry out sec-
tion 2602(2).
Subtitle H—Progress Reports and
Accountability
SEC. 2651. SUPERINTENDENT’S REPORT ON REFORMS.
Not later than December 1, 1996, the Superintendent
shall submit to the appropriate congressional committees,
the Board of Education, the Mayor, the Consensus Commis-
sion, and the District of Columbia Council a report regard-
ing the progress of the District of Columbia public schools
toward achieving the goals of the long-term reform plan.
363
HR 3019 EAS
SEC. 2652. DISTRICT OF COLUMBIA COUNCIL REPORT.
Not later than April 1, 1997, the Chairperson of the
District of Columbia Council shall submit to the appro-
priate congressional committees a report describing legisla-
tive and other actions the District of Columbia Council has
taken or will take to facilitate the implementation of the
goals of the long-term reform plan.
Subtitle I—Partnerships With
Business
SEC. 2701. PURPOSE.
The purpose of this subtitle is—
(1) to leverage private sector funds utilizing ini-
tial Federal investments in order to provide students
and teachers within the District of Columbia public
schools and public charter schools with access to state-
of-the-art educational technology;
(2) to establish a regional job training and em-
ployment center;
(3) to strengthen workforce preparation initia-
tives for students within the District of Columbia
public schools and public charter schools;
(4) to coordinate private sector investments in
carrying out this title; and
(5) to assist the Superintendent with the develop-
ment of individual career paths in accordance with
the long-term reform plan.
364
HR 3019 EAS
SEC. 2702. DUTIES OF THE SUPERINTENDENT OF THE DIS-
TRICT OF COLUMBIA PUBLIC SCHOOLS.
Not later than 45 days after the date of the enactment
of this Act, the Superintendent shall provide a grant to a
private, nonprofit corporation that meets the eligibility cri-
teria under section 2703 for the purposes of carrying out
the duties under sections 2704 and 2707.
SEC. 2703. ELIGIBILITY CRITERIA FOR PRIVATE, NON-
PROFIT CORPORATION.
A private, nonprofit corporation shall be eligible to re-
ceive a grant under section 2702 if the corporation is a
national business organization incorporated in the District
of Columbia, that—
(1) has a board of directors which includes mem-
bers who are also chief executive officers of technology-
related corporations involved in education and
workforce development issues;
(2) has extensive practical experience with ini-
tiatives that link business resources and expertise
with education and training systems;
(3) has experience in working with State and
local educational agencies throughout the United
States with respect to the integration of academic
studies with workforce preparation programs; and
365
HR 3019 EAS
(4) has a nationwide structure through which
additional resources can be leveraged and innovative
practices disseminated.
SEC. 2704. DUTIES OF THE PRIVATE, NONPROFIT CORPORA-
TION.
(a) DISTRICT EDUCATION
AND LEARNING TECH-
NOLOGIES ADVANCEMENT COUNCIL.—
(1) ESTABLISHMENT.—The private, nonprofit
corporation shall establish a council to be known as
the ‘‘District Education and Learning Technologies
Advancement Council’’ (in this subtitle referred to as
the ‘‘council’’).
(2) MEMBERSHIP.—
(A) IN GENERAL.—The private, nonprofit
corporation shall appoint members to the coun-
cil. An individual shall be appointed as a mem-
ber to the council on the basis of the commitment
of the individual, or the entity which the indi-
vidual is representing, to providing time, energy,
and resources to the council.
(B) COMPENSATION.—Members of the coun-
cil shall serve without compensation.
(3) DUTIES.—The council—
(A) shall advise the private, nonprofit cor-
poration with respect to the duties of the cor-
366
HR 3019 EAS
poration under subsections (b) through (e) of this
section; and
(B) 
shall 
assist 
the 
corporation 
in
leveraging private sector resources for the pur-
pose of carrying out such duties.
(b) ACCESS
TO STATE-OF-THE-ART EDUCATIONAL
TECHNOLOGY.—
(1) IN GENERAL.—The private, nonprofit cor-
poration, in conjunction with the Superintendent,
students, parents, and teachers, shall establish and
implement strategies to ensure access to state-of-the-
art educational technology within the District of Co-
lumbia public schools and public charter schools.
(2) ELECTRONIC DATA TRANSFER SYSTEM.—The
private, nonprofit corporation shall assist the Super-
intendent in acquiring the necessary equipment, in-
cluding computer hardware and software, to establish
an electronic data transfer system. The private, non-
profit corporation shall also assist in arranging for
training of District of Columbia public school em-
ployees in using such equipment.
(3) TECHNOLOGY ASSESSMENT.—
(A) IN GENERAL.—In establishing and im-
plementing the strategies under paragraph (1),
the private, nonprofit corporation, not later than
367
HR 3019 EAS
September 1, 1996, shall provide for an assess-
ment of the availability, on the date of enact-
ment of this Act, of state-of-the-art educational
technology within the District of Columbia pub-
lic schools and public charter schools.
(B) CONDUCT OF ASSESSMENT.—In provid-
ing for the assessment under subparagraph (A),
the private, nonprofit corporation—
(i) shall provide for onsite inspections
of the state-of-the-art educational technology
within a minimum sampling of District of
Columbia public schools and public charter
schools; and
(ii) shall ensure proper input from stu-
dents, parents, teachers, and other school of-
ficials through the use of focus groups and
other appropriate mechanisms.
(C) RESULTS
OF
ASSESSMENT.—The pri-
vate, nonprofit corporation shall ensure that the
assessment carried out under this paragraph
provides, at a minimum, necessary information
on state-of-the-art educational technology within
the District of Columbia public schools and pub-
lic charter schools, including—
368
HR 3019 EAS
(i) the extent to which typical District
of Columbia public schools have access to
such state-of-the-art educational technology
and training for such technology;
(ii) how such schools are using such
technology;
(iii) the need for additional technology
and the need for infrastructure for the im-
plementation of such additional technology;
(iv) the need for computer hardware,
software, training, and funding for such ad-
ditional technology or infrastructure; and
(v) the potential for computer linkages
among District of Columbia public schools
and public charter schools.
(4) SHORT-TERM TECHNOLOGY PLAN.—
(A) IN GENERAL.—Based upon the results
of the technology assessment under paragraph
(3), the private, nonprofit corporation shall de-
velop a 3-year plan that includes goals, prior-
ities, and strategies for obtaining the resources
necessary to implement strategies to ensure ac-
cess to state-of-the-art educational technology
within the District of Columbia public schools
and public charter schools.
369
HR 3019 EAS
(B) IMPLEMENTATION.—The private, non-
profit corporation, in conjunction with schools,
students, parents, and teachers, shall implement
the plan developed under subparagraph (A).
(5) LONG-TERM
TECHNOLOGY
PLAN.—Prior to
the completion of the implementation of the short-
term technology plan under paragraph (4), the pri-
vate, nonprofit corporation shall develop a plan under
which the corporation will continue to coordinate the
donation of private sector resources for maintaining
the continuous improvement and upgrading of state-
of-the-art educational technology within the District
of Columbia public schools and public charter schools.
(c) DISTRICT EMPLOYMENT
AND LEARNING CEN-
TER.—
(1) ESTABLISHMENT.—The private, nonprofit
corporation shall establish a center to be known as the
‘‘District Employment and Learning Center’’ (in this
subtitle referred to as the ‘‘center’’), which shall serve
as a regional institute providing job training and
employment assistance.
(2) DUTIES.—
(A) JOB TRAINING AND EMPLOYMENT AS-
SISTANCE PROGRAM.—The center shall establish
a program to provide job training and employ-
370
HR 3019 EAS
ment assistance in the District of Columbia and
shall coordinate with career preparation pro-
grams in existence on the date of enactment of
this Act, such as vocational education, school-to-
work, and career academies in the District of Co-
lumbia public schools.
(B) CONDUCT OF PROGRAM.—In carrying
out the program established under subparagraph
(A), the center—
(i) shall provide job training and em-
ployment assistance to youths who have at-
tained the age of 18 but have not attained
the age of 26, who are residents of the Dis-
trict of Columbia, and who are in need of
such job training and employment assist-
ance for an appropriate period not to ex-
ceed 2 years;
(ii) shall work to establish partnerships
and enter into agreements with appropriate
agencies of the District of Columbia Govern-
ment to serve individuals participating in
appropriate Federal programs, including
programs under the Job Training Partner-
ship Act (29 U.S.C. 1501 et seq.), the Job
Opportunities and Basic Skills Training
371
HR 3019 EAS
Program under part F of title IV of the So-
cial Security Act (42 U.S.C. 681 et seq.),
the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301
et seq.), and the School-to-Work Opportuni-
ties Act of 1994 (20 U.S.C. 6101 et seq.);
(iii) shall conduct such job training, as
appropriate, through a consortium of col-
leges, universities, community colleges, busi-
nesses, and other appropriate providers, in
the District of Columbia metropolitan area;
(iv) shall design modular training pro-
grams that allow students to enter and leave
the training curricula depending on their
opportunities for job assignments with em-
ployers; and
(v) shall utilize resources from busi-
nesses to enhance work-based learning op-
portunities and facilitate access by students
to work-based learning and work experience
through temporary work assignments with
employers in the District of Columbia met-
ropolitan area.
(C) COMPENSATION.—The center may pro-
vide compensation to youths participating in the
372
HR 3019 EAS
program under this paragraph for part-time
work assigned in conjunction with training.
Such compensation may include need-based pay-
ments and reimbursement of expenses.
(d) WORKFORCE PREPARATION INITIATIVES.—
(1) IN GENERAL.—The private, nonprofit cor-
poration shall establish initiatives with the District of
Columbia public schools, and public charter schools,
appropriate governmental agencies, and businesses
and other private entities, to facilitate the integration
of rigorous academic studies with workforce prepara-
tion programs in District of Columbia public schools
and public charter schools.
(2) CONDUCT OF INITIATIVES.—In carrying out
the initiatives under paragraph (1), the private, non-
profit corporation shall, at a minimum, actively de-
velop, expand, and promote the following programs:
(A) Career academy programs in secondary
schools, as such programs are established in cer-
tain District of Columbia public schools, which
provide a school-within-a-school concept, focusing
on career preparation and the integration of the
academy programs with vocational and technical
curriculum.
373
HR 3019 EAS
(B) Programs carried out in the District of
Columbia that are funded under the School-to-
Work Opportunities Act of 1994 (20 U.S.C. 6101
et seq.).
(e) PROFESSIONAL
DEVELOPMENT
PROGRAM
FOR
TEACHERS AND ADMINISTRATORS.—
(1) ESTABLISHMENT OF PROGRAM.—The private,
nonprofit corporation shall establish a consortium
consisting of the corporation, teachers, school admin-
istrators, and the consortium of universities located
in the District of Columbia (in existence on the date
of the enactment of this Act), for the purpose of estab-
lishing a program for the professional development of
teachers and school administrators employed by the
District of Columbia public schools and public charter
schools.
(2) CONDUCT OF PROGRAM.—In carrying out the
program established under paragraph (1), the consor-
tium established under such paragraph, in consulta-
tion with the task force established under subtitle D
and the Superintendent, at a minimum, shall provide
for the following:
(A) Professional development for teachers
consistent with the model professional develop-
ment programs for teachers under section
374
HR 3019 EAS
2411(b)(4), or consistent with the core curricu-
lum developed by the Superintendent under sec-
tion 2411(b)(2), as the case may be, except that
for fiscal year 1996, such professional develop-
ment shall focus on curriculum for elementary
school grades in reading and mathematics that
have been demonstrated to be effective for stu-
dents from low-income backgrounds.
(B) Professional development for principals,
with a special emphasis on middle school prin-
cipals, focusing on effective practices that reduce
the number of students who drop out of school.
(C) Private sector training of teachers in
the use, application, and operation of state-of-
the-art technology in education.
(D) Training for school principals and
other school administrators in effective private
sector management practices for the purpose of
site-based management in the District of Colum-
bia public schools, and training in the manage-
ment of public charter schools established in ac-
cordance with this title.
SEC. 2705. MATCHING FUNDS.
The private, nonprofit corporation, to the extent prac-
ticable, shall provide matching funds, or in-kind contribu-
375
HR 3019 EAS
tions, or a combination thereof, for the purpose of carrying
out the duties of the corporation under section 2704, as fol-
lows:
(1) For fiscal year 1996, the nonprofit corpora-
tion shall provide matching funds or in-kind con-
tributions of $1 for every $1 of Federal funds pro-
vided under this subtitle for such year for activities
under section 2704.
(2) For fiscal year 1997, the nonprofit corpora-
tion shall provide matching funds or in-kind con-
tributions of $3 for every $1 of Federal funds pro-
vided under this subtitle for such year for activities
under section 2704.
(3) For fiscal year 1998, the nonprofit corpora-
tion shall provide matching funds or in-kind con-
tributions of $5 for every $1 of Federal funds pro-
vided under this subtitle for such year for activities
under section 2704.
SEC. 2706. REPORT.
The private, nonprofit corporation shall prepare and
submit to the appropriate congressional committees on a
quarterly basis, or, with respect to fiscal year 1996, on a
biannual basis, a report which shall contain—
(1) the activities the corporation has carried out,
including the duties of the corporation described in
376
HR 3019 EAS
section 2704, for the 3-month period ending on the
date of the submission of the report, or, with respect
to fiscal year 1996, the 6-month period ending on the
date of the submission of the report;
(2) an assessment of the use of funds or other re-
sources donated to the corporation;
(3) the results of the assessment carried out
under section 2704(b)(3); and
(4) a description of the goals and priorities of
the corporation for the 3-month period beginning on
the date of the submission of the report, or, with re-
spect to fiscal year 1996, the 6-month period begin-
ning on the date of the submission of the report.
SEC. 2707. JOBS FOR D.C. GRADUATES PROGRAM.
(a) IN GENERAL.—The nonprofit corporation shall es-
tablish a program, to be known as the ‘‘Jobs for D.C. Grad-
uates Program’’, to assist District of Columbia public
schools and public charter schools in organizing and imple-
menting a school-to-work transition system, which system
shall give priority to providing assistance to at-risk youths
and disadvantaged youths.
(b) CONDUCT OF PROGRAM.—In carrying out the pro-
gram established under subsection (a), the nonprofit cor-
poration, consistent with the policies of the nationally rec-
ognized Jobs for America’s Graduates, Inc., shall—
377
HR 3019 EAS
(1) establish performance standards for such pro-
gram;
(2) provide ongoing enhancement and improve-
ments in such program;
(3) provide research and reports on the results of
such program; and
(4) provide preservice and inservice training.
SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—
(1) DELTA COUNCIL; ACCESS TO STATE-OF-THE-
ART
EDUCATIONAL
TECHNOLOGY; AND
WORKFORCE
PREPARATION INITIATIVES.—There are authorized to
be appropriated to carry out subsections (a), (b), and
(d) of section 2704, $1,000,000 for each of the fiscal
years 1996, 1997, and 1998.
(2) DEAL CENTER.—There are authorized to be
appropriated to carry out section 2704(c), $2,000,000
for each of the fiscal years 1996, 1997, and 1998.
(3) PROFESSIONAL DEVELOPMENT PROGRAM FOR
TEACHERS AND ADMINISTRATORS.—There are author-
ized to be appropriated to carry out section 2704(e),
$1,000,000 for each of the fiscal years 1996, 1997,
and 1998.
378
HR 3019 EAS
(4) JOBS
FOR
D.C. GRADUATES
PROGRAM.—
There are authorized to be appropriated to carry out
section 2707—
(A) $2,000,000 for fiscal year 1996; and
(B) $3,000,000 for each of the fiscal years
1997 through 2000.
(b) AVAILABILITY.—Amounts authorized to be appro-
priated under subsection (a) are authorized to remain
available until expended.
SEC. 2709. TERMINATION OF FEDERAL SUPPORT; SENSE OF
THE 
CONGRESS 
RELATING 
TO 
CONTINU-
ATION OF ACTIVITIES.
(a) TERMINATION OF FEDERAL SUPPORT.—The au-
thority under this subtitle to provide assistance to the pri-
vate, nonprofit corporation or any other entity established
pursuant to this subtitle shall terminate on October 1, 1998.
(b) SENSE OF THE CONGRESS RELATING TO CONTINU-
ATION OF ACTIVITIES.—It is the sense of the Congress
that—
(1) the activities of the private, nonprofit cor-
poration under section 2704 should continue to be
carried out after October 1, 1998, with resources made
available from the private sector; and
(2) the corporation should provide oversight and
coordination for such activities after such date.
379
HR 3019 EAS
Subtitle J—Management and Fiscal
Accountability
SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.
(a) FOOD SERVICES AND SECURITY SERVICES.—Not-
withstanding any other law, rule, or regulation, the Board
of Education shall enter into a contract for academic year
1995–1996 and each succeeding academic year, for the pro-
vision of all food services operations and security services
for the District of Columbia public schools, unless the Su-
perintendent determines that it is not feasible and provides
the Superintendent’s reasons in writing to the Board of
Education and the Authority.
(b) DEVELOPMENT OF NEW MANAGEMENT AND DATA
SYSTEMS.—Notwithstanding any other law, rule, or regula-
tion, the Board of Education shall, in academic year 1995–
1996, consult with the Authority on the development of new
management and data systems, as well as training of per-
sonnel to use and manage the systems in areas of budget,
finance, personnel and human resources, management in-
formation services, procurement, supply management, and
other systems recommended by the Authority. Such plans
shall be consistent with, and contemporaneous to, the Dis-
trict of Columbia Government’s development and imple-
mentation of a replacement for the financial management
380
HR 3019 EAS
system for the District of Columbia Government in use on
the date of enactment of this Act.
SEC. 2752. ANNUAL REPORTING REQUIREMENTS.
(a) IN GENERAL.—The Board of Education shall an-
nually compile an accurate and verifiable report on the po-
sitions and employees in the District of Columbia public
school system. The annual report shall set forth—
(1) the number of validated schedule A positions
in the District of Columbia public schools for fiscal
year 1995, fiscal year 1996, and thereafter on a full-
time equivalent basis, including a compilation of all
positions by control center, responsibility center,
funding source, position type, position title, pay plan,
grade, and annual salary; and
(2) a compilation of all employees in the District
of Columbia public schools as of December 31, of the
year preceding the year for which the report is made,
verified as to its accuracy in accordance with the
functions that each employee actually performs, by
control center, responsibility center, agency reporting
code, program (including funding source), activity,
location for accounting purposes, job title, grade and
classification, annual salary, and position control
number.
381
HR 3019 EAS
(b) SUBMISSION.—The annual report required by sub-
section (a) shall be submitted to the Congress, the Mayor,
the District of Columbia Council, the Consensus Commis-
sion, and the Authority, not later than February 8, 1996,
and each February 8 thereafter.
SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS.
(a) IN GENERAL.—Not later than October 1, 1996, or
prior to 15 calendar days after the date of the enactment
of the District of Columbia Appropriations Act, 1996,
whichever occurs first, and each succeeding year thereafter,
the Board of Education shall submit to the appropriate con-
gressional committees, the Mayor, the District of Columbia
Council, the Consensus Commission, and the Authority, a
revised appropriated funds operating budget for the District
of Columbia public school system for such fiscal year that
is consistent with the total amount appropriated in an Act
making appropriations for the District of Columbia for
such fiscal year and that realigns budgeted data for per-
sonal services and other than personal services, with antici-
pated actual expenditures.
(b) SUBMISSION.—The revised budget required by sub-
section (a) shall be submitted in the format of the budget
that the Board of Education submits to the Mayor for inclu-
sion in the Mayor’s budget submission to the District of
Columbia Council pursuant to section 442 of the District
382
HR 3019 EAS
of Columbia Self-Government and Governmental Reorga-
nization Act, Public Law 93–198 (D.C. Code, sec. 47–301).
SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA.
(a) IN GENERAL.—The budget, financial-accounting,
personnel, payroll, procurement, and management informa-
tion systems of the District of Columbia public schools shall
be coordinated and interface with related systems of the Dis-
trict of Columbia Government.
(b) ACCESS.—The Board of Education shall provide
read-only access to its internal financial management sys-
tems and all other data bases to designated staff of the
Mayor, the Council, the Authority, and appropriate con-
gressional committees.
SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET
REQUEST.
(a) IN GENERAL.—The Board of Education shall de-
velop its fiscal year 1997 gross operating budget and its
fiscal year 1997 appropriated funds budget request in ac-
cordance with this section.
(b) FISCAL YEAR 1996 BUDGET REVISION.—Not later
than February 15, 1996, the Board of Education shall de-
velop, approve, and submit to the Mayor, the District of
Columbia Council, the Authority, and appropriate congres-
sional committees, a revised fiscal year 1996 gross operat-
383
HR 3019 EAS
ing budget that reflects the amount appropriated in the Dis-
trict of Columbia Appropriations Act, 1996, and which—
(1) is broken out on the basis of appropriated
funds and nonappropriated funds, control center, re-
sponsibility center, agency reporting code, object class,
and object; and
(2) indicates by position title, grade, and agency
reporting code, all staff allocated to each District of
Columbia public school as of October 15, 1995, and
indicates on an object class basis all other-than-per-
sonal-services financial resources allocated to each
school.
(c) ZERO-BASE BUDGET.—For fiscal year 1997, the
Board of Education shall build its gross operating budget
and appropriated funds request from a zero-base, starting
from the local school level through the central office level.
(d) SCHOOL-BY-SCHOOL BUDGETS.—The Board of
Education’s initial fiscal year 1997 gross operating budget
and appropriated funds budget request submitted to the
Mayor, the District of Columbia Council, and the Authority
shall contain school-by-school budgets and shall also—
(1) be broken out on the basis of appropriated
funds and nonappropriated funds, control center, re-
sponsibility center, agency reporting code, object class,
and object;
384
HR 3019 EAS
(2) indicate by position title, grade, and agency
reporting code all staff budgeted for each District of
Columbia public school, and indicate on an object
class basis all other-than-personal-services financial
resources allocated to each school; and
(3) indicate the amount and reason for all
changes made to the initial fiscal year 1997 gross op-
erating budget and appropriated funds request from
the revised fiscal year 1996 gross operating budget re-
quired by subsection (b).
SEC. 2756. TECHNICAL AMENDMENTS.
Section 1120A of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6322) is amended—
(1) in subsection (b)(1), by—
(A) striking ‘‘(A) Except as provided in
subparagraph (B), a State’’ and inserting ‘‘A
State’’; and
(B) striking subparagraph (B); and
(2) by adding at the end thereof the following
new subsection:
‘‘(d) EXCLUSION OF FUNDS.—For the purpose of com-
plying with subsections (b) and (c), a State or local edu-
cational agency may exclude supplemental State or local
funds expended in any school attendance area or school for
programs that meet the intent and purposes of this part.’’.
385
HR 3019 EAS
Subtitle K—Personal Accountability
and 
Preservation 
of 
School-
Based Resources
SEC. 2801. PRESERVATION OF SCHOOL-BASED STAFF POSI-
TIONS.
(a) RESTRICTIONS
ON
REDUCTIONS
OF
SCHOOL-
BASED EMPLOYEES.—To the extent that a reduction in the
number of full-time equivalent positions for the District of
Columbia public schools is required to remain within the
number of full-time equivalent positions established for the
public schools in appropriations Acts, no reductions shall
be made from the full-time equivalent positions for school-
based teachers, principals, counselors, librarians, or other
school-based educational positions that were established as
of the end of fiscal year 1995, unless the Authority makes
a determination based on student enrollment that—
(1) fewer school-based positions are needed to
maintain established pupil-to-staff ratios; or
(2) reductions in positions for other than school-
based employees are not practicable.
(b) DEFINITION.—The term ‘‘school-based educational
position’’ means a position located at a District of Colum-
bia public school or other position providing direct support
to students at such a school, including a position for a cleri-
386
HR 3019 EAS
cal, stenographic, or secretarial employee, but not including
any part-time educational aide position.
SEC. 2802. MODIFICATIONS OF BOARD OF EDUCATION RE-
DUCTION-IN-FORCE PROCEDURES.
The District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Code, sec. 1–601.1 et seq.)
is amended—
(1) in section 301 (D.C. Code, sec. 1.603.1)—
(A) by inserting after paragraph (13), the
following new paragraph:
‘‘(13A) The term ‘nonschool-based personnel’
means any employee of the District of Columbia pub-
lic schools who is not based at a local school or who
does not provide direct services to individual stu-
dents.’’; and
(B) by inserting after paragraph (15), the
following new paragraph:
‘‘(15A) The term ‘school administrators’ means
principals, assistant principals, school program direc-
tors, coordinators, instructional supervisors, and sup-
port personnel of the District of Columbia public
schools.’’;
(2) in section 801A(b)(2) (D.C. Code, sec. 1–
609.1(b)(2)(L)—
387
HR 3019 EAS
(A) by striking ‘‘(L) reduction-in-force’’ and
inserting ‘‘(L)(i) reduction-in-force’’; and
(B) by inserting after subparagraph (L)(i),
the following new clause:
‘‘(ii) Notwithstanding any other provision
of law, the Board of Education shall not issue
rules that require or permit nonschool-based per-
sonnel or school administrators to be assigned or
reassigned to the same competitive level as class-
room teachers;’’; and
(3) in section 2402 (D.C. Code, sec. 1–625.2), by
adding at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the
Board of Education shall not require or permit nonschool-
based personnel or school administrators to be assigned or
reassigned to the same competitive level as classroom teach-
ers.’’.
SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS.
Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for eval-
uating District of Columbia public school employees shall
be a nonnegotiable item for collective bargaining purposes.
388
HR 3019 EAS
SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL EM-
PLOYEES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, rule, or regulation, an employee of a District
of Columbia public school shall be—
(1) classified as an educational service employee;
(2) placed under the personnel authority of the
Board of Education; and
(3) subject to all Board of Education rules.
(b) SCHOOL-BASED PERSONNEL.—School-based per-
sonnel shall constitute a separate competitive area from
nonschool-based personnel who shall not compete with
school-based personnel for retention purposes.
Subtitle L—Establishment and Or-
ganization of the Commission on
Consensus Reform in the District
of Columbia Public Schools
SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE
DISTRICT OF COLUMBIA PUBLIC SCHOOLS.
(a) ESTABLISHMENT.—
(1) IN
GENERAL.—There is established within
the District of Columbia Government a Commission
on Consensus Reform in the District of Columbia
Public Schools, consisting of 7 members to be ap-
pointed in accordance with paragraph (2).
389
HR 3019 EAS
(2) MEMBERSHIP.—The Consensus Commission
shall consist of the following members:
(A) 1 member to be appointed by the Presi-
dent chosen from a list of 3 proposed members
submitted by the Majority Leader of the Senate.
(B) 1 member to be appointed by the Presi-
dent chosen from a list of 3 proposed members
submitted by the Speaker of the House of Rep-
resentatives.
(C) 2 members to be appointed by the Presi-
dent, of which 1 shall represent the local business
community and 1 of which shall be a teacher in
a District of Columbia public school.
(D) The President of the District of Colum-
bia Congress of Parents and Teachers.
(E) The President of the Board of Edu-
cation.
(F) The Superintendent.
(G) The Mayor and District of Columbia
Council Chairman shall each name 1 nonvoting
ex officio member.
(H) The Chief of the National Guard Bu-
reau who shall be an ex officio member.
391
HR 3019 EAS
(b) EXECUTIVE DIRECTOR.—The Consensus Commis-
sion shall have an Executive Director who shall be ap-
pointed by the Chair with the consent of the Consensus
Commission. The Executive Director shall be paid at a rate
determined by the Consensus Commission, except that such
rate may not exceed the highest rate of pay payable for level
EG–16 of the Educational Service of the District of Colum-
bia.
(c) STAFF.—With the approval of the Chair and the
Authority, the Executive Director may appoint and fix the
pay of additional personnel as the Executive Director con-
siders appropriate, except that no individual appointed by
the Executive Director may be paid at a rate greater than
the rate of pay for the Executive Director.
(d) SPECIAL RULE.—The Board of Education, or the
Authority, shall reprogram such funds, as the Chair of the
Consensus Commission shall in writing request, from
amounts available to the Board of Education.
SEC. 2852. PRIMARY PURPOSE AND FINDINGS.
(a) PURPOSE.—The primary purpose of the Consensus
Commission is to assist in developing a long-term reform
plan that has the support of the District of Columbia com-
munity through the participation of representatives of var-
ious critical segments of such community in helping to de-
velop and approve the plan.
392
HR 3019 EAS
(b) FINDINGS.—The Congress finds that—
(1) experience has shown that the failure of the
District of Columbia educational system has been due
more to the failure to implement a plan than the fail-
ure to develop a plan;
(2) national studies indicate that 50 percent of
secondary school graduates lack basic literacy skills,
and over 30 percent of the 7th grade students in the
District of Columbia public schools drop out of school
before graduating;
(3) standard student assessments indicate only
average performance for grade level and fail to iden-
tify individual students who lack basic skills, allow-
ing too many students to graduate lacking these basic
skills and diminishing the worth of a diploma;
(4) experience has shown that successful schools
have good community, parent, and business involve-
ment;
(5) experience has shown that reducing dropout
rates in the critical middle and secondary school
years requires individual student involvement and at-
tention through such activities as arts or athletics;
and
(6) experience has shown that close coordination
between educators and business persons is required to
393
HR 3019 EAS
provide noncollege-bound students the skills necessary
for employment, and that personal attention is vitally
important to assist each student in developing an ap-
propriate career path.
SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COM-
MISSION.
(a) PRIMARY RESPONSIBILITY.—The Board of Edu-
cation and the Superintendent shall have primary respon-
sibility for developing and implementing the long-term re-
form plan for education in the District of Columbia.
(b) DUTIES.—The Consensus Commission shall—
(1) identify any obstacles to implementation of
the long-term reform plan and suggest ways to remove
such obstacles;
(2) assist in developing programs that—
(A) ensure every student in a District of
Columbia public school achieves basic literacy
skills;
(B) ensure every such student possesses the
knowledge and skills necessary to think critically
and communicate effectively by the completion of
grade 8; and
(C) lower the dropout rate in the District of
Columbia public schools;
394
HR 3019 EAS
(3) assist in developing districtwide assessments,
including individual assessments, that identify Dis-
trict of Columbia public school students who lack
basic literacy skills, with particular attention being
given to grade 4 and the middle school years, and es-
tablish procedures to ensure that a teacher is made
accountable for the performance of every such student
in such teacher’s class;
(4) make recommendations to improve commu-
nity, parent, and business involvement in District of
Columbia public schools and public charter schools;
(5) assess opportunities in the District of Colum-
bia to increase individual student involvement and
attention through such activities as arts or athletics,
and make recommendations on how to increase such
involvement; and
(6) assist in the establishment of procedures that
ensure every District of Columbia public school stu-
dent is provided the skills necessary for employment,
including the development of individual career paths.
(c) POWERS.—The Consensus Commission shall have
the following powers:
(1) To monitor and comment on the development
and implementation of the long-term reform plan.
395
HR 3019 EAS
(2) To exercise its authority, as provided in this
subtitle, as necessary to facilitate implementation of
the long-term reform plan.
(3) To review and comment on the budgets of the
Board of Education, the District of Columbia public
schools and public charter schools.
(4) To recommend rules concerning the manage-
ment and direction of the Board of Education that
address obstacles to the development or implementa-
tion of the long-term reform plan.
(5) To review and comment on the core curricu-
lum for kindergarten through grade 12 developed
under subtitle D.
(6) To review and comment on a core curricu-
lum for prekindergarten, vocational and technical
training, and adult education.
(7) To review and comment on all other edu-
cational programs carried out by the Board of Edu-
cation and public charter schools.
(8) To review and comment on the districtwide
assessments for measuring student achievement in the
core curriculum developed under subtitle D.
(9) To review and comment on the model profes-
sional development programs for teachers using the
core curriculum developed under subtitle D.
396
HR 3019 EAS
(d) LIMITATIONS.—
(1) IN GENERAL.—Except as otherwise provided
in this subtitle, the Consensus Commission shall have
no powers to involve itself in the management or op-
eration of the Board of Education with respect to the
implementation of the long-term reform plan.
(2) SPECIAL RULE.—If the Consensus Commis-
sion determines that the Board of Education has
failed to take an action necessary to develop or imple-
ment the long-term reform plan or that the Board of
Education is unable to do so, the Consensus Commis-
sion shall request the Authority to take appropriate
action, and the Authority shall take such action as
the Authority deems appropriate, to develop or imple-
ment, as the case may be, the long-term reform plan.
SEC. 2854. IMPROVING ORDER AND DISCIPLINE.
(a) COMMUNITY SERVICE REQUIREMENT FOR SUS-
PENDED STUDENTS.—
(1) IN GENERAL.—Any student suspended from
classes at a District of Columbia public school who is
required to serve the suspension outside the school
shall perform community service for the period of sus-
pension. The community service required by this sub-
section shall be subject to rules and regulations pro-
mulgated by the Mayor.
397
HR 3019 EAS
(2) EFFECTIVE DATE.—This subsection shall take
effect on the first day of the 1996–1997 academic
year.
(b) EXPIRATION DATE.—This section, and sections
2101(b)(1)(K) and 2851(a)(2)(H), shall cease to be effective
on the last day of the 1997–1998 academic year.
(c) REPORT.—The Consensus Commission shall study
the effectiveness of the policies implemented pursuant to this
section in improving order and discipline in District of Co-
lumbia public schools and report its findings to the appro-
priate congressional committees not later than 60 days
prior to the last day of the 1997–1998 academic year.
SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.
(a) IN GENERAL.—The Consensus Commission may
examine and request the Inspector General of the District
of Columbia or the Authority to audit the records of the
Board of Education to ensure, monitor, and evaluate the
performance of the Board of Education with respect to com-
pliance with the long-term reform plan and such plan’s
overall educational achievement. The Consensus Commis-
sion shall conduct an annual review of the educational per-
formance of the Board of Education with respect to meeting
the goals of such plan for such year. The Board of Edu-
cation shall cooperate and assist in the review or audit as
requested by the Consensus Commission.
398
HR 3019 EAS
(b) AUDIT.—The Consensus Commission may examine
and request the Inspector General of the District of Colum-
bia or the Authority to audit the records of any public char-
ter school to assure, monitor, and evaluate the performance
of the public charter school with respect to the content
standards and districtwide assessments described in section
2411(b). The Consensus Commission shall receive a copy of
each public charter school’s annual report.
SEC. 2856. INVESTIGATIVE POWERS.
The Consensus Commission may investigate any ac-
tion or activity which may hinder the progress of any part
of the long-term reform plan. The Board of Education shall
cooperate and assist the Consensus Commission in any in-
vestigation. Reports of the findings of any such investiga-
tion shall be provided to the Board of Education, the Super-
intendent, the Mayor, the District of Columbia Council, the
Authority, and the appropriate congressional committees.
SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COM-
MISSION.
(a) IN GENERAL.—The Consensus Commission may at
any time submit recommendations to the Board of Edu-
cation, the Mayor, the District of Columbia Council, the
Authority, the Board of Trustees of any public charter
school and the Congress with respect to actions the District
399
HR 3019 EAS
of Columbia Government or the Federal Government should
take to ensure implementation of the long-term reform plan.
(b) AUTHORITY ACTIONS.—Pursuant to the District of
Columbia Financial Responsibility and Management As-
sistance Act of 1995 or upon the recommendation of the
Consensus Commission, the Authority may take whatever
actions the Authority deems necessary to ensure the imple-
mentation of the long-term reform plan.
SEC. 2858. EXPIRATION DATE.
Except as otherwise provided in this subtitle, this sub-
title shall be effective during the period beginning on the
date of enactment of this Act and ending 7 years after such
date.
Subtitle M—Parent Attendance at
Parent-Teacher Conferences
SEC. 2901. POLICY.
Notwithstanding any other provision of law, the
Mayor is authorized to develop and implement a policy en-
couraging all residents of the District of Columbia with
children attending a District of Columbia public school to
attend and participate in at least one parent-teacher con-
ference every 90 days during the academic year.
(c) Such amounts as may be necessary for programs,
projects or activities provided for in the Department of the
Interior and Related Agencies Appropriations Act, 1996 at
400
HR 3019 EAS
a rate of operations and to the extent and in the manner
provided as follows, to be effective as if it had been enacted
into law as the regular appropriations Act:
AN ACT
Making appropriations for the Department of the Inte-
rior and related agencies for the fiscal year ending Septem-
ber 30, 1996, and for other purposes.
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, classifica-
tion, acquisition of easements and other interests in lands,
and performance of other functions, including maintenance
of facilities, as authorized by law, in the management of
lands and their resources under the jurisdiction of the Bu-
reau of Land Management, including the general adminis-
tration of the Bureau, and assessment of mineral potential
of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $567,753,000, to remain available until expended,
of which $2,000,000 shall be available for assessment of the
mineral potential of public lands in Alaska pursuant to sec-
tion 1010 of Public Law 96–487 (16 U.S.C. 3150), and of
which $4,000,000 shall be derived from the special receipt
account established by section 4 of the Land and Water
401
HR 3019 EAS
Conservation 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 avail-
able until expended, to be reduced by amounts collected by
the Bureau of Land Management and credited to this ap-
propriation from annual mining claim fees so as to result
in a final appropriation estimated at not more than
$567,753,000: Provided further, That in addition to funds
otherwise available, and to remain available until ex-
pended, not to exceed $5,000,000 from annual mining claim
fees shall be credited to this account for the costs of admin-
istering the mining claim fee program, and $2,000,000
from communication site rental fees established by the Bu-
reau.
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 Inte-
rior, $235,924,000, to remain available until expended, of
which not to exceed $5,025,000, shall be available for the
renovation or construction of fire facilities: Provided, That
notwithstanding any other provision of law, persons hired
402
HR 3019 EAS
pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this ap-
propriation: 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: Provided further, That unobligated balances
of amounts previously appropriated to the Fire Protection
and Emergency Department of the Interior Firefighting
Fund may be transferred or merged with this appropria-
tion.
CENTRAL HAZARDOUS MATERIALS FUND
For expenses necessary for use by the Department of
the Interior and any of its component offices and bureaus
for the remedial action, including associated activities, of
hazardous waste substances, pollutants, or contaminants
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 ex-
pended: Provided, That, notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activities
conducted by the Department pursuant to sections 107 or
113(f) of the Comprehensive Environmental Response, Com-
pensation 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 appropriation and shall remain
403
HR 3019 EAS
available until expended: Provided further, That such sums
recovered from or paid by any party are not limited to
monetary payments and may include stocks, bonds or other
personal or real property, which may be retained, liq-
uidated, or otherwise disposed of by the Secretary of the
Interior and which shall be credited to this account.
CONSTRUCTION AND ACCESS
For acquisition of lands and interests therein, and
construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $3,115,000, to remain available
until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October
20, 1976, as amended (31 U.S.C. 6901–07), $101,500,000,
of which not to exceed $400,000 shall be available for ad-
ministrative expenses.
LAND ACQUISITION
For expenses necessary to carry out the provisions of
sections 205, 206, and 318(d) of Public Law 94–579 includ-
ing administrative expenses and acquisition of lands or wa-
ters, or interests therein, $12,800,000 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-
404
HR 3019 EAS
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 Oregon
and California land-grant counties of Oregon, and on adja-
cent rights-of-way; and acquisition of lands or interests
therein including existing connecting roads on or adjacent
to such grant lands; $97,452,000, to remain available until
expended: Provided, That 25 per centum of the aggregate
of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is
hereby made a charge against the Oregon and California
land-grant fund and shall be transferred to the General
Fund in the Treasury in accordance with the 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 range-
lands pursuant to section 401 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701), notwith-
standing any other Act, sums equal to 50 per centum of
all moneys received during the prior fiscal year under sec-
tions 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 receipts from
Bankhead-Jones lands transferred to the Department of the
405
HR 3019 EAS
Interior pursuant to law, but not less than $9,113,000, to
remain available until expended: Provided, That not to ex-
ceed $600,000 shall be available for administrative ex-
penses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to
processing application documents and other authorizations
for use and disposal of public lands and resources, for costs
of providing copies of official public land documents, for
monitoring construction, operation, and termination of fa-
cilities in conjunction with use authorizations, and for re-
habilitation 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 contrary 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, com-
promise, or settlement, if not appropriate for refund pursu-
ant 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 adminis-
tered through the Bureau of Land Management which have
406
HR 3019 EAS
been damaged by the action of a resource developer, pur-
chaser, permittee, or any unauthorized person, without re-
gard to whether all moneys collected from each such forfeit-
ure, compromise, or settlement are used on the exact lands
damage to which led to the forfeiture, compromise, or settle-
ment: Provided further, That such moneys are in excess of
amounts needed 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 avail-
able until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance
of necessary buildings and appurtenant facilities to which
the United States has title; up to $100,000 for payments,
at the discretion of the Secretary, for information or evi-
dence concerning violations of laws administered by the Bu-
reau of Land Management; miscellaneous and emergency
407
HR 3019 EAS
expenses of enforcement activities authorized or approved
by the Secretary and to be accounted for solely on his cer-
tificate, not to exceed $10,000: Provided, That notwith-
standing 44 U.S.C. 501, the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by
law, procure printing services from cooperators in connec-
tion with jointly-produced publications for which the co-
operators share the cost of printing either in cash or in serv-
ices, and the Bureau determines the cooperator is capable
of meeting accepted quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For expenses necessary for scientific and economic
studies, conservation, management, investigations, protec-
tion, and utilization of fishery and wildlife resources, except
whales, seals, and sea lions, and for the performance of other
authorized functions related to such resources; for the gen-
eral administration of the United States Fish and Wildlife
Service; and for maintenance of the herd of long-horned cat-
tle 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 authorized by the Act of Au-
gust 13, 1970, as amended by Public Law 93–408,
$499,100,000, to remain available for obligation until Sep-
408
HR 3019 EAS
tember 30, 1997, of which $2,000,000 shall be available for
activities under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533), of which $11,557,000 shall be
available until expended for operation and maintenance of
fishery mitigation facilities constructed by the Corps of En-
gineers 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 by the Secretary of the
Interior to issue final determinations under subsections (a),
(b), (c), (e), (g) or (i) of section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533), until such time as legislation
reauthorizing the Act is enacted or until the end of fiscal
year 1996, whichever is earlier, 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 Endangered Species Act, and may
409
HR 3019 EAS
be used to issue emergency listings under section 4(b)(7)
of the Endangered Species 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 interests
therein; $37,655,000, to remain available until expended.
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment activi-
ties by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act, as amended (42
U.S.C. 9601, et seq.), Federal Water Pollution 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); $4,000,000, to remain available
until expended: Provided, That sums provided by any party
in fiscal year 1996 and thereafter are not limited to mone-
tary payments and may include stocks, bonds or other per-
sonal or real property, which may be retained, liquidated
or otherwise 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 activities.
411
HR 3019 EAS
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of
the North American Wetlands Conservation Act, Public
Law 101–233, $6,750,000, to remain available until ex-
pended.
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 Conservation
Fund, $200,000, to remain available until expended, to be
available to carry out the provisions of the Rhinoceros and
Tiger Conservation Act of 1994 (Public Law 103–391).
WILDLIFE CONSERVATION AND APPRECIATION FUND
For deposit to the Wildlife Conservation and Apprecia-
tion Fund, $800,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 113 passenger motor vehicles; not to
exceed $400,000 for payment, at the discretion of the Sec-
retary, for information, rewards, or evidence concerning
412
HR 3019 EAS
violations of laws administered by the United States Fish
and Wildlife Service, and miscellaneous and emergency ex-
penses of enforcement activities, authorized or approved by
the Secretary and to be accounted for solely on his certifi-
cate; 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 joint-
ly-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 do-
nated aircraft as replacements for existing aircraft: Pro-
413
HR 3019 EAS
vided further, That notwithstanding any other 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 contained 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 wet-
lands 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: Provided further, That the Direc-
tor of the Fish and Wildlife Service may charge reasonable
fees for expenses to the Federal Government for providing
training by the National Education and Training Center:
Provided further, That all training fees collected shall be
available to the Director, until expended, without further
appropriation, to be used for the costs of training and edu-
cation provided by the National Education and Training
Center: Provided further, That with respect to lands leased
for farming pursuant to Public Law 88–567, if for any rea-
son the Secretary disapproves for use in 1996 or does not
414
HR 3019 EAS
finally approve for use in 1996 any pesticide or chemical
which was approved for use in 1995 or had been requested
for use in 1996 by the submission of a pesticide use proposal
as of September 19, 1995, 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 are more re-
strictive than the requirements of applicable State and Fed-
eral laws related to the use of chemicals and pest manage-
ment practices on non-Federal lands.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation,
and maintenance of areas and facilities administered by
the National Park Service (including special road mainte-
nance service to trucking permittees on a reimbursable
basis), and for the general administration of the National
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 Youth Conservation
Corps as authorized by the Act of August 13, 1970, as
amended by Public Law 93–408, $1,084,755,000, 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
415
HR 3019 EAS
available until expended is to be derived from the special
fee account established pursuant to title V, section 5201, of
Public Law 100–203.
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, $37,649,000:
Provided, That $236,000 of the funds provided herein are
for the William O. Douglas Outdoor Education Center, sub-
ject 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), $36,212,000, to be derived from
the Historic Preservation Fund, established by section 108
of that Act, as amended, to remain available for obligation
until September 30, 1997.
CONSTRUCTION
For construction, improvements, repair or replacement
of physical facilities, $143,225,000, to remain available
until expended: Provided, That not to exceed $4,500,000 of
the funds provided herein shall be paid to the Army Corps
of Engineers for modifications authorized by section 104 of
the Everglades National Park Protection and Expansion
416
HR 3019 EAS
Act of 1989: Provided further, That funds provided under
this head, derived from the Historic Preservation Fund, es-
tablished by the Historic Preservation Act of 1966 (80 Stat.
915), as amended (16 U.S.C. 470), may be available until
expended to render sites safe for visitors and for building
stabilization.
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 administrative
expenses, and for acquisition of lands or waters, or interest
therein, in accordance with statutory authority applicable
to the National Park Service, $49,100,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended, and of which $1,500,000 is to ad-
minister the State assistance program: Provided, That any
funds made available 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.
417
HR 3019 EAS
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 appro-
priated to the National Park Service may be used to process
any grant or contract documents which do not include the
text of 18 U.S.C. 1913: Provided further, That none of the
funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of
the southern end of Ellis Island until such agreement has
been submitted to the Congress and shall not be imple-
mented 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
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 activities taken in direct response
to the United Nations Biodiversity Convention.
418
HR 3019 EAS
The National Park Service may enter into cooperative
agreements that involve the transfer of National Park Serv-
ice appropriated funds to State, local and tribal govern-
ments, other public entities, educational institutions, and
private nonprofit organizations for the public purpose of
carrying out National Park Service programs.
The National Park Service shall, within existing
funds, conduct a Feasibility Study for a northern access
route into Denali National Park and Preserve in Alaska,
to be completed within one year of the enactment of this
Act and submitted to the House and Senate Committees on
Appropriations and to the Senate Committee on Energy
and Natural Resources and the House Committee on Re-
sources. The Feasibility Study shall ensure that resource
impacts from any plan to create such access route are evalu-
ated with accurate information and according to a process
that takes into consideration park values, visitor needs, a
full range of alternatives, the viewpoints of all interested
parties, including the tourism industry and the State of
Alaska, and potential needs for compliance with the Na-
tional Environmental Policy Act. The Study shall also ad-
dress the time required for development of alternatives and
identify all associated costs.
This Feasibility Study shall be conducted solely by the
National Park Service planning personnel permanently as-
419
HR 3019 EAS
signed to National Park Service offices located in the State
of Alaska in consultation with the State of Alaska Depart-
ment of Transportation.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research cov-
ering topography, geology, hydrology, and the mineral and
water resources of the United States, its Territories and pos-
sessions, 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 supervision to power per-
mittees and Federal Energy Regulatory Commission licens-
ees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to
the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials proc-
essing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
98g(1)) and related purposes as authorized by law and to
publish and disseminate data; $730,330,000, of which
$62,130,000 shall be available for cooperation with States
or municipalities for water resources investigations, and of
which $137,000,000 for resource research and the operations
of Cooperative Research Units shall remain available until
September 30, 1997, and of which $16,000,000 shall remain
420
HR 3019 EAS
available until expended for conducting inquiries into the
economic conditions affecting mining and materials proc-
essing industries: Provided, That no part of this appropria-
tion shall be used to pay more than one-half the cost of
any topographic 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
passenger 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, including new aerial
surveys for the designation of habitat under the Endangered
Species Act, 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 author-
ized in writing by the property owner or the owner’s au-
thorized representative: Provided 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 ex-
pend such funds that the volunteers are not properly trained
or that information gathered by the volunteers is not care-
fully verified: Provided further, That no later than April
1, 1996, the Director of the United States Geological Survey
421
HR 3019 EAS
shall issue agency guidelines for resource research that en-
sure that scientific and technical peer review is utilized as
fully as possible in selection of projects for funding and en-
sure the validity and reliability of research and data collec-
tion 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
National Biological Survey: Provided further, That once
every five years the National Academy of Sciences shall re-
view and report on the resource research activities of the
Survey: Provided further, That if specific authorizing legis-
lation 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: Provided fur-
ther, That unobligated and unexpended balances in the Na-
tional 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 Geological Survey,
Surveys, investigations, and research account and shall re-
main available for obligation until September 30, 1996:
Provided further, That the authority granted to the United
States Bureau of Mines to conduct mineral surveys and to
determine mineral values by section 603 of Public Law 94–
579 is hereby transferred to, and vested in, the Director of
the United States Geological Survey.
422
HR 3019 EAS
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; re-
imbursement to the General Services Administration for se-
curity guard services; contracting for the furnishing of topo-
graphic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and ob-
servation wells; expenses of the United States National
Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the United States Geologi-
cal Survey appointed, as authorized by law, to represent
the United States in the negotiation and administration
of interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative 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
423
HR 3019 EAS
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 vehicles
for replacement only; $182,771,000, of which not less than
$70,105,000 shall be available for royalty management ac-
tivities; and an amount not to exceed $15,400,000 for the
Technical Information Management System and Related
Activities of the Outer Continental Shelf (OCS) Lands Ac-
tivity, to be credited to this appropriation and to remain
available until expended, from additions to receipts result-
ing from increases to rates in effect on August 5, 1993, from
rate increases to fee collections for OCS administrative ac-
tivities performed by the Minerals Management Service over
and above the rates in effect on September 30, 1993, and
from additional fees for OCS administrative activities es-
tablished after September 30, 1993: Provided, That begin-
ning in fiscal year 1996 and thereafter, fees for royalty rate
relief applications shall be established (and revised as need-
ed) in Notices to Lessees, and shall be credited to this ac-
count in the program areas performing the function, and
remain available until expended for the costs of administer-
ing the royalty rate relief authorized by 43 U.S.C.
1337(a)(3): Provided further, That $1,500,000 for computer
acquisitions shall remain available until September 30,
424
HR 3019 EAS
1997: Provided further, That funds appropriated under this
Act shall be available for the payment of interest in accord-
ance with 30 U.S.C. 1721 (b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding
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 payments: 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 lessees and other royalty
payors on amounts received in settlement or other resolu-
tion of disputes under, and for partial or complete termi-
nation of, sales agreements for minerals 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
425
HR 3019 EAS
Spill Liability Trust Fund, to remain available until ex-
pended.
BUREAU OF MINES
MINES AND MINERALS
For expenses necessary for, and incidental to, the clo-
sure of the United States Bureau of Mines, $64,000,000,
to remain available until expended, of which not to exceed
$5,000,000 may be used for the completion and/or transfer
of certain ongoing projects within the United States Bureau
of Mines, such projects to be identified by the Secretary of
the Interior within 90 days of enactment of this Act: Pro-
vided, That there hereby are transferred to, and vested in,
the Secretary of Energy: (1) the functions pertaining to the
promotion of health and safety in mines and the mineral
industry through research vested by law in the Secretary
of the Interior or the United States Bureau of Mines and
performed in fiscal year 1995 by the United States Bureau
of Mines at its Pittsburgh Research Center in Pennsylvania,
and at its Spokane Research Center in Washington; (2) the
functions pertaining to the conduct of inquiries, techno-
logical investigations and research concerning the extrac-
tion, processing, use and disposal of mineral substances
vested by law in the Secretary of the Interior or the United
States Bureau of Mines and performed in fiscal year 1995
by the United States Bureau of Mines under the minerals
426
HR 3019 EAS
and materials science programs at its Pittsburgh Research
Center in Pennsylvania, and at its Albany Research Center
in Oregon; and (3) the functions pertaining to mineral rec-
lamation industries and the development of methods for the
disposal, control, prevention, and reclamation of mineral
waste products vested by law in the Secretary of the Interior
or the United States Bureau of Mines and performed in
fiscal year 1995 by the United States Bureau of Mines at
its Pittsburgh Research Center in Pennsylvania: Provided
further, That, if any of the same functions were performed
in fiscal year 1995 at locations other than those listed
above, such functions shall not be transferred to the Sec-
retary of Energy from those other locations: Provided fur-
ther, That the Director of the Office of Management and
Budget, in consultation with the Secretary of Energy and
the Secretary of the Interior, is authorized to make such
determinations as may be necessary with regard to the
transfer of functions which relate to or are used by the De-
partment of the Interior, or component thereof affected by
this transfer of functions, and to make such dispositions
of personnel, facilities, assets, liabilities, contracts, prop-
erty, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, aris-
ing from, available to or to be made available in connection
with, the functions transferred herein as are deemed nec-
427
HR 3019 EAS
essary to accomplish the purposes of this transfer: Provided
further, That all reductions in personnel complements re-
sulting from the provisions of this Act shall, as to the func-
tions transferred to the Secretary of Energy, be done by the
Secretary of the Interior as though these transfers had not
taken place but had been required of the Department of the
Interior by all other provisions of this Act before the trans-
fers of function became effective: Provided further, That the
transfers of function to the Secretary of Energy shall become
effective on the date specified by the Director of the Office
of Management and Budget, but in no event later than 90
days after enactment into law of this Act: Provided further,
That the reference to ‘‘function’’ includes, but is not limited
to, any duty, obligation, power, authority, responsibility,
right, privilege, and activity, or the plural thereof, as the
case may be.
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 corporations,
any metal or mineral products that may be manufactured
in pilot plants operated by the Bureau of Mines, and the
428
HR 3019 EAS
proceeds of such sales shall be covered into the Treasury as
miscellaneous receipts: Provided further, That notwith-
standing any other provision of law, the Secretary is au-
thorized to convey, without reimbursement, title and all in-
terest of the United States in property and facilities of the
United States Bureau of Mines in Juneau, Alaska, to the
City and Borough of Juneau, Alaska; in Tuscaloosa, Ala-
bama, 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 purchase of
not to exceed 15 passenger motor vehicles for replacement
only; $95,470,000, and notwithstanding 31 U.S.C. 3302, an
additional amount shall be credited to this account, to re-
main available until expended, from performance bond for-
feitures in fiscal year 1996: Provided, That notwithstand-
ing any other provision of law, the Secretary of the Interior,
pursuant to regulations, may utilize directly or through
grants to States, moneys collected in fiscal year 1996 pursu-
429
HR 3019 EAS
ant to the assessment of civil penalties under section 518
of the Surface 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
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 Reclamation
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 pur-
chase of not more than 22 passenger motor vehicles for re-
placement only, $173,887,000, to be derived from receipts
of the Abandoned Mine Reclamation Fund and to remain
available until expended: Provided, That grants to mini-
mum program States will be $1,500,000 per State in fiscal
year 1996: Provided further, That of the funds herein pro-
vided up to $18,000,000 may be used for the emergency pro-
gram 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 reclama-
tion projects under this proviso shall not exceed
430
HR 3019 EAS
$11,000,000: 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
emergency projects: Provided further, That pursuant to
Public Law 97–365, the Department of the Interior is au-
thorized to utilize up to 20 per centum from the recovery
of the delinquent debt owed to the United States Govern-
ment to pay for contracts to collect these debts: Provided
further, That funds made available to States under title IV
of Public Law 95–87 may be used, at their discretion, for
any required non-Federal share of the cost of projects funded
by the Federal Government for the purpose of environ-
mental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and
priorities of the Surface Mining Control and Reclamation
Act.
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
431
HR 3019 EAS
payment of care, tuition, assistance, and other expenses of
Indians in boarding homes, or institutions, or schools;
grants and other assistance to needy Indians; maintenance
of law and order; management, development, improvement,
and protection of resources and appurtenant facilities
under the jurisdiction of the Bureau of Indian Affairs, in-
cluding payment of irrigation assessments and charges; ac-
quisition 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 administration
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,
$1,384,434,000, of which not to exceed $100,255,000 shall
be for welfare assistance grants and not to exceed
$104,626,000 shall be for payments to tribes and tribal or-
ganizations for contract support costs associated with ongo-
ing contracts or grants or compacts entered into with the
Bureau of Indian Affairs prior to fiscal year 1996, as au-
thorized by the Indian Self-Determination Act of 1975, as
amended, and 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,
432
HR 3019 EAS
compacts, or cooperative agreements with the Bureau of In-
dian Affairs under the provisions of the Indian Self-Deter-
mination Act; and of which not to exceed $330,711,000 for
school operations costs of Bureau-funded schools and other
education programs shall become available for obligation on
July 1, 1996, and shall remain available for obligation
until September 30, 1997; and of which not to exceed
$68,209,000 for higher education scholarships, adult voca-
tional training, and assistance to public schools under the
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 $71,854,000
shall remain available until expended for housing improve-
ment, road maintenance, attorney fees, litigation support,
self-governance grants, the Indian Self-Determination
Fund, and the Navajo-Hopi Settlement Program: Provided,
That tribes and tribal contractors may use their tribal pri-
ority allocations for unmet indirect costs of ongoing con-
tracts, grants or compact agreements: Provided further,
That funds made available to tribes and tribal organiza-
tions 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
authorized by the Indian Education Amendments of 1988
(25 U.S.C. 2001 and 2008A) shall remain available until
433
HR 3019 EAS
expended by the contractor or grantee: Provided further,
That to provide funding uniformity within a Self-Govern-
ance Compact, any funds provided in this Act with avail-
ability for more than one year may be reprogrammed to
one year availability but shall remain available within the
Compact until expended: Provided further, That notwith-
standing any other provision of law, Indian tribal govern-
ments 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: Provided fur-
ther, 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 allo-
cated 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:
434
HR 3019 EAS
Provided 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 sup-
port 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 ex-
penditure 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 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 notwithstanding 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 salary rates for the positions of teachers and coun-
selors (including dormitory and homeliving counselors) at
the school at a level not less than that for comparable posi-