150
‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PRO-
SPECTIVE RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly
rule on any motion to modify or terminate prospec-
tive relief in a civil action with respect to prison con-
ditions.
‘‘(2) AUTOMATIC STAY.—Any prospective relief
subject to a pending motion shall be automatically
stayed during the period—
‘‘(A)(i) beginning on the 30th day after
such motion is filed, in the case of a motion
made under paragraph (1) or (2) of subsection
(b); or
‘‘(ii) beginning on the 180th day after such
motion is filed, in the case of a motion made
under any other law; and
‘‘(B) ending on the date the court enters
a final order ruling on the motion.
‘‘(f) SPECIAL MASTERS.—
‘‘(1) IN GENERAL.—(A) In any civil action in a
Federal court with respect to prison conditions, the
court may appoint a special master who shall be dis-
interested and objective and who will give due regard
to the public safety, to conduct hearings on the
record and prepare proposed findings of fact.
151
‘‘(B) The court shall appoint a special master
under this subsection during the remedial phase of
the action only upon a finding that the remedial
phase will be sufficiently complex to warrant the ap-
pointment.
‘‘(2) APPOINTMENT.—(A) If the court deter-
mines that the appointment of a special master is
necessary, the court shall request that the defendant
institution and the plaintiff each submit a list of not
more than 5 persons to serve as a special master.
‘‘(B) Each party shall have the opportunity to
remove up to 3 persons from the opposing party’s
list.
‘‘(C) The court shall select the master from the
persons remaining on the list after the operation of
subparagraph (B).
‘‘(3) INTERLOCUTORY
APPEAL.—Any party
shall have the right to an interlocutory appeal of the
judge’s selection of the special master under this
subsection, on the ground of partiality.
‘‘(4) COMPENSATION.—The compensation to be
allowed to a special master under this section shall
be based on an hourly rate not greater than the
hourly rate established under section 3006A for pay-
ment of court-appointed counsel, plus costs reason-
152
ably incurred by the special master. Such compensa-
tion and costs shall be paid with funds appropriated
to the Judiciary.
‘‘(5) REGULAR REVIEW OF APPOINTMENT.—In
any civil action with respect to prison conditions in
which a special master is appointed under this sub-
section, the court shall review the appointment of
the special master every 6 months to determine
whether the services of the special master continue
to be required under paragraph (1). In no event
shall the appointment of a special master extend be-
yond the termination of the relief.
‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—
A special master appointed under this subsection—
‘‘(A) may be authorized by a court to con-
duct hearings and prepare proposed findings of
fact, which shall be made on the record;
‘‘(B) shall not make any findings or com-
munications ex parte;
‘‘(C) may be authorized by a court to as-
sist in the development of remedial plans; and
‘‘(D) may be removed at any time, but
shall be relieved of the appointment upon the
termination of relief.
‘‘(g) DEFINITIONS.—As used in this section—
153
‘‘(1) the term ‘consent decree’ means any relief
entered by the court that is based in whole or in
part upon the consent or acquiescence of the parties
but does not include private settlements;
‘‘(2) the term ‘civil action with respect to prison
conditions’ means any civil proceeding arising under
Federal law with respect to the conditions of con-
finement or the effects of actions by government of-
ficials on the lives of persons confined in prison, but
does not include habeas corpus proceedings challeng-
ing the fact or duration of confinement in prison;
‘‘(3) the term ‘prisoner’ means any person sub-
ject to incarceration, detention, or admission to any
facility who is accused of, convicted of, sentenced
for, or adjudicated delinquent for, violations of
criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program;
‘‘(4) the term ‘prisoner release order’ includes
any order, including a temporary restraining order
or preliminary injunctive relief, that has the purpose
or effect of reducing or limiting the prison popu-
lation, or that directs the release from or
nonadmission of prisoners to a prison;
‘‘(5) the term ‘prison’ means any Federal,
State, or local facility that incarcerates or detains
154
juveniles or adults accused of, convicted of, sen-
tenced for, or adjudicated delinquent for, violations
of criminal law;
‘‘(6) the term ‘private settlement agreement’
means an agreement entered into among the parties
that is not subject to judicial enforcement other than
the reinstatement of the civil proceeding that the
agreement settled;
‘‘(7) the term ‘prospective relief’ means all re-
lief other than compensatory monetary damages;
‘‘(8) the term ‘special master’ means any per-
son appointed by a Federal court pursuant to Rule
53 of the Federal Rules of Civil Procedure or pursu-
ant to any inherent power of the court to exercise
the powers of a master, regardless of the title or de-
scription given by the court; and
‘‘(9) the term ‘relief’ means all relief in any
form that may be granted or approved by the court,
and includes consent decrees but does not include
private settlement agreements.’’.
(b) APPLICATION OF AMENDMENT.—
(1) IN
GENERAL.—Section 3626 of title 18,
United States Code, as amended by this section,
shall apply with respect to all prospective relief
whether such relief was originally granted or ap-
155
proved before, on, or after the date of the enactment
of this title.
(2) TECHNICAL AMENDMENT.—Subsections (b)
and (d) of section 20409 of the Violent Crime Con-
trol and Law Enforcement Act of 1994 are repealed.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter C of chapter 229 of title
18, United States Code, is amended to read as follows:
‘‘3626. Appropriate remedies with respect to prison conditions.’’.
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITU-
TIONALIZED PERSONS ACT.
(a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of
the Civil Rights of Institutionalized Persons Act (42
U.S.C. 1997a(c)) (referred to in this section as the ‘‘Act’’)
is amended to read as follows:
‘‘(c) The Attorney General shall personally sign any
complaint filed pursuant to this section.’’.
(b) CERTIFICATION REQUIREMENTS.—Section 4 of
the Act (42 U.S.C. 1997b) is amended—
(1) in subsection (a)—
(A) by striking ‘‘he’’ each place it appears
and inserting ‘‘the Attorney General’’; and
(B) by striking ‘‘his’’ and inserting ‘‘the
Attorney General’s’’; and
(2) by amending subsection (b) to read as fol-
lows:
156
‘‘(b) The Attorney General shall personally sign any
certification made pursuant to this section.’’.
(c) INTERVENTION IN ACTIONS.—Section 5 of the
Act (42 U.S.C. 1997c) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘he’’
each place it appears and inserting ‘‘the Attor-
ney General’’; and
(B) by amending paragraph (2) to read as
follows:
‘‘(2) The Attorney General shall personally sign any
certification made pursuant to this section.’’; and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) The Attorney General shall personally sign any
motion to intervene made pursuant to this section.’’.
(d) SUITS BY PRISONERS.—Section 7 of the Act (42
U.S.C. 1997e) is amended to read as follows:
‘‘SEC. 7. SUITS BY PRISONERS.
‘‘(a) APPLICABILITY
OF
ADMINISTRATIVE
REM-
EDIES.—No action shall be brought with respect to prison
conditions under section 1979 of the Revised Statutes of
the United States (42 U.S.C. 1983), or any other Federal
law, by a prisoner confined in any jail, prison, or other
157
correctional facility until such administrative remedies as
are available are exhausted.
‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO
ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure
of a State to adopt or adhere to an administrative griev-
ance procedure shall not constitute the basis for an action
under section 3 or 5 of this Act.
‘‘(c) DISMISSAL.—(1) The court shall on its own mo-
tion or on the motion of a party dismiss any action
brought with respect to prison conditions under section
1979 of the Revised Statutes of the United States (42
U.S.C. 1983), or any other Federal law, by a prisoner con-
fined in any jail, prison, or other correctional facility if
the court is satisfied that the action is frivolous, malicious,
fails to state a claim upon which relief can be granted,
or seeks monetary relief from a defendant who is immune
from such relief.
‘‘(2) In the event that a claim is, on its face, frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who
is immune from such relief, the court may dismiss the un-
derlying claim without first requiring the exhaustion of ad-
ministrative remedies.
‘‘(d) ATTORNEY’S FEES.—(1) In any action brought
by a prisoner who is confined to any jail, prison, or other
158
correctional facility, in which attorney’s fees are author-
ized under section 2 of the Revised Statutes of the United
States (42 U.S.C. 1988), such fees shall not be awarded,
except to the extent that—
‘‘(A) the fee was directly and reasonably in-
curred in proving an actual violation of the plain-
tiff’s rights protected by a statute pursuant to which
a fee may be awarded under section 2 of the Revised
Statutes; and
‘‘(B)(i) the amount of the fee is proportionately
related to the court ordered relief for the violation;
or
‘‘(ii) the fee was directly and reasonably in-
curred in enforcing the relief ordered for the viola-
tion.
‘‘(2) Whenever a monetary judgment is awarded in
an action described in paragraph (1), a portion of the
judgment (not to exceed 25 percent) shall be applied to
satisfy the amount of attorney’s fees awarded against the
defendant. If the award of attorney’s fees is not greater
than 150 percent of the judgment, the excess shall be paid
by the defendant.
‘‘(3) No award of attorney’s fees in an action de-
scribed in paragraph (1) shall be based on an hourly rate
greater than 150 percent of the hourly rate established
159
under section 3006A of title 18, United States Code, for
payment of court-appointed counsel.
‘‘(4) Nothing in this subsection shall prohibit a pris-
oner from entering into an agreement to pay an attorney’s
fee in an amount greater than the amount authorized
under this subsection, if the fee is paid by the individual
rather than by the defendant pursuant to section 2 of the
Revised Statutes of the United States (42 U.S.C. 1988).
‘‘(e) LIMITATION ON RECOVERY.—No Federal civil
action may be brought by a prisoner confined in a jail,
prison, or other correctional facility, for mental or emo-
tional injury suffered while in custody without a prior
showing of physical injury.
‘‘(f) HEARINGS.—(1) To the extent practicable, in
any action brought with respect to prison conditions in
Federal court pursuant to section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983), or any
other Federal law, by a prisoner confined in any jail, pris-
on, or other correctional facility, pretrial proceedings in
which the prisoner’s participation is required or permitted
shall be conducted by telephone, video conference, or other
telecommunications technology without removing the pris-
oner from the facility in which the prisoner is confined.
‘‘(2) Subject to the agreement of the official of the
Federal, State, or local unit of government with custody
160
over the prisoner, hearings may be conducted at the facil-
ity in which the prisoner is confined. To the extent prac-
ticable, the court shall allow counsel to participate by tele-
phone, video conference, or other communications tech-
nology in any hearing held at the facility.
‘‘(g) WAIVER OF REPLY.—(1) Any defendant may
waive the right to reply to any action brought by a pris-
oner confined in any jail, prison, or other correctional fa-
cility under section 1979 of the Revised Statutes of the
United States (42 U.S.C. 1983) or any other Federal law.
Notwithstanding any other law or rule of procedure, such
waiver shall not constitute an admission of the allegations
contained in the complaint. No relief shall be granted to
the plaintiff unless a reply has been filed.
‘‘(2) The court may require any defendant to reply
to a complaint brought under this section if it finds that
the plaintiff has a reasonable opportunity to prevail on the
merits.
‘‘(h) DEFINITION.—As used in this section, the term
‘prisoner’ means any person incarcerated or detained in
any facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal law
or the terms and conditions of parole, probation, pretrial
release, or diversionary program.’’.
161
(e) REPORT TO CONGRESS.—Section 8 of the Act (42
U.S.C. 1997f) is amended by striking ‘‘his report’’ and
inserting ‘‘the report’’.
(f) NOTICE TO FEDERAL DEPARTMENTS.—Section
10 of the Act (42 U.S.C. 1997h) is amended—
(1) by striking ‘‘his action’’ and inserting ‘‘the
action’’; and
(2) by striking ‘‘he is satisfied’’ and inserting
‘‘the Attorney General is satisfied’’.
SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
(a) FILING FEES.—Section 1915 of title 28, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) Any’’ and inserting
‘‘(a)(1) Subject to subsection (b), any’’;
(B) by striking ‘‘and costs’’;
(C) by striking ‘‘makes affidavit’’ and in-
serting ‘‘submits an affidavit that includes a
statement of all assets such prisoner possesses’’;
(D) by striking ‘‘such costs’’ and inserting
‘‘such fees’’;
(E) by striking ‘‘he’’ each place it appears
and inserting ‘‘the person’’;
(F) by adding immediately after paragraph
(1), the following new paragraph:
162
‘‘(2) A prisoner seeking to bring a civil action or ap-
peal a judgment in a civil action or proceeding without
prepayment of fees or security therefor, in addition to fil-
ing the affidavit filed under paragraph (1), shall submit
a certified copy of the trust fund account statement (or
institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint
or notice of appeal, obtained from the appropriate official
of each prison at which the prisoner is or was confined.’’;
and
(G) by striking ‘‘An appeal’’ and inserting
‘‘(3) An appeal’’;
(2) by redesignating subsections (b), (c), (d),
and (e) as subsections (c), (d), (e), and (f), respec-
tively;
(3) by inserting after subsection (a) the follow-
ing new subsection:
‘‘(b)(1) Notwithstanding subsection (a), if a prisoner
brings a civil action or files an appeal in forma pauperis,
the prisoner shall be required to pay the full amount of
a filing fee. The court shall assess and, when funds exist,
collect, as a partial payment of any court fees required
by law, an initial partial filing fee of 20 percent of the
greater of—
163
‘‘(A) the average monthly deposits to the pris-
oner’s account; or
‘‘(B) the average monthly balance in the pris-
oner’s account for the 6-month period immediately
preceding the filing of the complaint or notice of ap-
peal.
‘‘(2) After payment of the initial partial filing fee,
the prisoner shall be required to make monthly payments
of 20 percent of the preceding month’s income credited
to the prisoner’s account. The agency having custody of
the prisoner shall forward payments from the prisoner’s
account to the clerk of the court each time the amount
in the account exceeds $10 until the filing fees are paid.
‘‘(3) In no event shall the filing fee collected exceed
the amount of fees permitted by statute for the commence-
ment of a civil action or an appeal of a civil action or
criminal judgment.
‘‘(4) In no event shall a prisoner be prohibited from
bringing a civil action or appealing a civil or criminal judg-
ment for the reason that the prisoner has no assets and
no means by which to pay the initial partial filing fee.’’;
(4) in subsection (c), as redesignated by para-
graph (2), by striking ‘‘subsection (a) of this sec-
tion’’ and inserting ‘‘subsections (a) and (b) and the
164
prepayment of any partial filing fee as may be re-
quired under subsection (b)’’; and
(5) by amending subsection (e), as redesignated
by paragraph (2), to read as follows:
‘‘(e)(1) The court may request an attorney to rep-
resent any person unable to afford counsel.
‘‘(2) Notwithstanding any filing fee, or any portion
thereof, that may have been paid, the court shall dismiss
the case at any time if the court determines that—
‘‘(A) the allegation of poverty is untrue; or
‘‘(B) the action or appeal—
‘‘(i) is frivolous or malicious;
‘‘(ii) fails to state a claim on which relief
may be granted; or
‘‘(iii) seeks monetary relief against a de-
fendant who is immune from such relief.’’.
(b) EXCEPTION TO DISCHARGE OF DEBT IN BANK-
RUPTCY PROCEEDING.—Section 523(a) of title 11, United
States Code, is amended—
(1) in paragraph (16), by striking the period at
the end and inserting ‘‘; or’’; and
(2) by adding at the end the following new
paragraph:
‘‘(17) for a fee imposed by a court for the filing
of a case, motion, complaint, or appeal, or for other
165
costs and expenses assessed with respect to such fil-
ing, regardless of an assertion of poverty by the
debtor under section 1915 (b) or (f) of title 28, or
the debtor’s status as a prisoner, as defined in sec-
tion 1915(h) of title 28.’’.
(c) COSTS.—Section 1915(f) of title 28, United
States Code (as redesignated by subsection (a)(2)), is
amended—
(1) by striking ‘‘(f) Judgment’’ and inserting
‘‘(f)(1) Judgment’’;
(2) by striking ‘‘cases’’ and inserting ‘‘proceed-
ings’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2)(A) If the judgment against a prisoner includes
the payment of costs under this subsection, the prisoner
shall be required to pay the full amount of the costs or-
dered.
‘‘(B) The prisoner shall be required to make pay-
ments for costs under this subsection in the same manner
as is provided for filing fees under subsection (a)(2).
‘‘(C) In no event shall the costs collected exceed the
amount of the costs ordered by the court.’’.
166
(d) SUCCESSIVE CLAIMS.—Section 1915 of title 28,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(g) In no event shall a prisoner bring a civil action
or appeal a judgment in a civil action or proceeding under
this section if the prisoner has, on 3 or more prior occa-
sions, while incarcerated or detained in any facility,
brought an action or appeal in a court of the United
States that was dismissed on the grounds that it is frivo-
lous, malicious, or fails to state a claim upon which relief
may be granted, unless the prisoner is under imminent
danger of serious physical injury.’’.
(e) DEFINITION.—Section 1915 of title 28, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(h) As used in this section, the term ‘prisoner’
means any person incarcerated or detained in any facility
who is accused of, convicted of, sentenced for, or adju-
dicated delinquent for, violations of criminal law or the
terms and conditions of parole, probation, pretrial release,
or diversionary program.’’.
SEC. 805. JUDICIAL SCREENING.
(a) IN GENERAL.—Chapter 123 of title 28, United
States Code, is amended by inserting after section 1915
the following new section:
167
‘‘§ 1915A. Screening
‘‘(a) SCREENING.—The court shall review, before
docketing, if feasible or, in any event, as soon as prac-
ticable after docketing, a complaint in a civil action in
which a prisoner seeks redress from a governmental entity
or officer or employee of a governmental entity.
‘‘(b) GROUNDS
FOR DISMISSAL.—On review, the
court shall identify cognizable claims or dismiss the com-
plaint, or any portion of the complaint, if the complaint—
‘‘(1) is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or
‘‘(2) seeks monetary relief from a defendant
who is immune from such relief.
‘‘(c) DEFINITION.—As used in this section, the term
‘prisoner’ means any person incarcerated or detained in
any facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal law
or the terms and conditions of parole, probation, pretrial
release, or diversionary program.’’.
(b) TECHNICAL
AMENDMENT.—The analysis for
chapter 123 of title 28, United States Code, is amended
by inserting after the item relating to section 1915 the
following new item:
‘‘1915A. Screening.’’.
168
SEC. 806. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is
amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’;
and
(2) by adding at the end the following:
‘‘(2) No person convicted of a felony who is incarcer-
ated while awaiting sentencing or while serving a sentence
may bring a civil action against the United States or an
agency, officer, or employee of the Government, for mental
or emotional injury suffered while in custody without a
prior showing of physical injury.’’.
SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION
OF PENDING RESTITUTION ORDERS.
Any compensatory damages awarded to a prisoner in
connection with a civil action brought against any Federal,
State, or local jail, prison, or correctional facility or
against any official or agent of such jail, prison, or correc-
tional facility, shall be paid directly to satisfy any out-
standing restitution orders pending against the prisoner.
The remainder of any such award after full payment of
all pending restitution orders shall be forwarded to the
prisoner.
169
SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE
AWARD.
Prior to payment of any compensatory damages
awarded to a prisoner in connection with a civil action
brought against any Federal, State, or local jail, prison,
or correctional facility or against any official or agent of
such jail, prison, or correctional facility, reasonable efforts
shall be made to notify the victims of the crime for which
the prisoner was convicted and incarcerated concerning
the pending payment of any such compensatory damages.
SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CRED-
IT REVOCATION.
(a) IN GENERAL.—Chapter 123 of title 28, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 1932. Revocation of earned release credit
‘‘In any civil action brought by an adult convicted of
a crime and confined in a Federal correctional facility, the
court may order the revocation of such earned good time
credit under section 3624(b) of title 18, United States
Code, that has not yet vested, if, on its own motion or
the motion of any party, the court finds that—
‘‘(1) the claim was filed for a malicious pur-
pose;
‘‘(2) the claim was filed solely to harass the
party against which it was filed; or
170
‘‘(3) the claimant testifies falsely or otherwise
knowingly presents false evidence or information to
the court.’’.
(b) TECHNICAL
AMENDMENT.—The analysis for
chapter 123 of title 28, United States Code, is amended
by inserting after the item relating to section 1931 the
following:
‘‘1932. Revocation of earned release credit.’’.
(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—
Section 3624(b) of title 18, United States Code, is amend-
ed—
(1) in paragraph (1)—
(A) by striking the first sentence;
(B) in the second sentence—
(i) by striking ‘‘A prisoner’’ and in-
serting ‘‘Subject to paragraph (2), a pris-
oner’’;
(ii) by striking ‘‘for a crime of vio-
lence,’’; and
(iii) by striking ‘‘such’’;
(C) in the third sentence, by striking ‘‘If
the Bureau’’ and inserting ‘‘Subject to para-
graph (2), if the Bureau’’;
(D) by striking the fourth sentence and in-
serting the following: ‘‘In awarding credit under
this section, the Bureau shall consider whether
171
the prisoner, during the relevant period, has
earned, or is making satisfactory progress to-
ward earning, a high school diploma or an
equivalent degree.’’; and
(E) in the sixth sentence, by striking
‘‘Credit for the last’’ and inserting ‘‘Subject to
paragraph (2), credit for the last’’; and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) Notwithstanding any other law, credit
awarded under this subsection after the date of en-
actment of the Prison Litigation Reform Act shall
vest on the date the prisoner is released from cus-
tody.’’.
SEC. 810. SEVERABILITY.
If any provision of this title, an amendment made by
this title, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this title, the amendments made
by this title, and the application of the provisions of such
to any person or circumstance shall not be affected there-
by.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996.’’.
172
(b) 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 a rate of operations and to the extent and in
the manner provided for, the provisions of such Act to be
effective as if it had been enacted into law as the regular
appropriations Act, as follows:
AN ACT
Making appropriations for the Department of the In-
terior and related agencies for the fiscal year ending Sep-
tember 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, classi-
fication, acquisition of easements and other interests in
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487
(16 U.S.C. 3150(a)), $567,152,000, to remain available
until expended, of which $2,000,000 shall be available for
173
assessment of the mineral potential of public lands in
Alaska pursuant to section 1010 of Public Law 96–487
(16 U.S.C. 3150), and of which not more than $599,999
shall be available to the Needles Resources Area for the
management of the East Mojave National Scenic Area, as
defined by the Bureau of Land Management prior to Octo-
ber 1, 1994, in the California Desert District of the Bu-
reau of Land Management, and of which $4,000,000 shall
be derived from the special receipt account established by
section 4 of the Land and Water 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 available until expended,
to be reduced by amounts collected by the Bureau of Land
Management and credited to this appropriation from an-
nual mining claim fees so as to result in a final appropria-
tion estimated at not more than $567,152,000: Provided
further, That in addition to funds otherwise available, and
to remain available until expended, not to exceed
$5,000,000 from annual mining claim fees shall be cred-
ited to this account for the costs of administering the min-
174
ing claim fee program, and $2,000,000 from communica-
tion site rental fees established by the Bureau.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire use and management,
fire preparedness, emergency presuppression, suppression
operations, emergency rehabilitation, and renovation or
construction of fire facilities in the Department of the In-
terior, $235,924,000, 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 pursuant to 43 U.S.C. 1469 may be furnished sub-
sistence and lodging without cost from funds available
from this appropriation: Provided further, That such funds
are also available for repayment of advances to other ap-
propriation accounts from which funds were previously
transferred for such purposes: Provided further, That un-
obligated balances of amounts previously appropriated to
the Fire Protection and Emergency Department of the In-
terior Firefighting Fund may be transferred or merged
with this appropriation.
CENTRAL HAZARDOUS MATERIALS FUND
For expenses necessary for use by the Department
of the Interior and any of its component offices and bu-
reaus for the remedial action, including associated activi-
ties, of hazardous waste substances, pollutants, or con-
175
taminants pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act, as amended
(42 U.S.C. 9601 et seq.), $10,000,000, to remain available
until expended: Provided, That, notwithstanding 31
U.S.C. 3302, sums recovered from or paid by a party in
advance of or as reimbursement for remedial action or re-
sponse activities conducted by the Department pursuant
to sections 107 or 113(f) of the Comprehensive Environ-
mental Response, Compensation and Liability Act, as
amended (42 U.S.C. 9607 or 9613(f)), shall be credited
to this account and shall be available without further ap-
propriation and shall remain available until expended: Pro-
vided further, That such sums recovered from or paid by
any party are not limited to monetary payments and may
include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed
of by the Secretary of the Interior and which shall be cred-
ited to this account.
CONSTRUCTION AND ACCESS
For acquisition of lands and interests therein, and
construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $3,115,000, to remain
available until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended (31 U.S.C. 6901–07),
176
$101,500,000, of which not to exceed $400,000 shall be
available for administrative expenses.
LAND ACQUISITION
For expenses necessary to carry out the provisions
of sections 205, 206, and 318(d) of Public Law 94–579
including administrative expenses and acquisition of lands
or waters, or interests therein, $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-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and
on adjacent rights-of-way; and acquisition of lands or in-
terests therein including existing connecting roads on or
adjacent to such grant lands; $93,379,000, 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
177
the provisions of the second paragraph of subsection (b)
of title II of the Act of August 28, 1937 (50 Stat. 876).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of
lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701),
notwithstanding any other Act, sums equal to 50 per cen-
tum of all moneys received during the prior fiscal year
under sections 3 and 15 of the Taylor Grazing Act (43
U.S.C. 315 et seq.) and the amount designated for range
improvements from grazing fees and mineral leasing re-
ceipts from Bankhead-Jones lands transferred to the De-
partment of the Interior pursuant to law, but not less than
$9,113,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for admin-
istrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources,
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations,
and for rehabilitation of damaged property, such amounts
as may be collected under sections 209(b), 304(a), 304(b),
178
305(a), and 504(g) of the Act approved October 21, 1976
(43 U.S.C. 1701), and sections 101 and 203 of Public
Law 93–153, to be immediately available until expended:
Provided, That notwithstanding any provision to the con-
trary of section 305(a) of the Act of October 21, 1976
(43 U.S.C. 1735(a)), any moneys that have been or will
be received pursuant to that section, whether as a result
of forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended
under the authority of this or subsequent appropriations
Acts by the Secretary to improve, protect, or rehabilitate
any public lands administered through the Bureau of
Land Management which have been damaged by the ac-
tion of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all mon-
eys collected from each such forfeiture, compromise, or
settlement are used on the exact lands damage to which
led to the forfeiture, compromise, or settlement: Provided
further, That such moneys are in excess of amounts need-
ed to repair damage to the exact land for which collected.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing law, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
179
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantle-
ment of temporary structures, and alteration and mainte-
nance of necessary buildings and appurtenant facilities to
which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by
the Bureau of Land Management; miscellaneous and
emergency expenses of enforcement activities authorized
or approved by the Secretary and to be accounted for sole-
ly on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under
cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from coopera-
tors in connection with jointly-produced publications for
which the cooperators share the cost of printing either in
cash or in services, and the Bureau determines the co-
operator is capable of meeting accepted quality standards.
180
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For expenses necessary for scientific and economic
studies, conservation, management, investigations, protec-
tion, and utilization of fishery and wildlife resources, ex-
cept whales, seals, and sea lions, and for the performance
of other authorized functions related to such resources; for
the general administration of the United States Fish and
Wildlife Service; and for maintenance of the herd of long-
horned cattle on the Wichita Mountains Wildlife Refuge;
and not less than $1,000,000 for high priority projects
within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as author-
ized by the Act of August 13, 1970, as amended by Public
Law 93–408, $497,670,000, to remain available for obli-
gation until September 30, 1997, of which $11,557,000
shall be available until expended for operation and mainte-
nance of fishery mitigation facilities constructed by the
Corps of Engineers under the Lower Snake River Com-
pensation Plan, authorized by the Water Resources Devel-
opment 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 ac-
count at the end of fiscal year 1995, shall be merged with
181
and made a part of the fiscal year 1996 Resource Manage-
ment appropriation, and shall remain available for obliga-
tion until September 30, 1997: Provided further, That no
monies appropriated under this Act or any other law shall
be used to implement subsections (a), (b), (c), (e), (g),
or (i) of section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533), until such time as legislation reauthor-
izing 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 Act.
CONSTRUCTION
For construction and acquisition of buildings and
other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and
wildlife resources, and the acquisition of lands and inter-
ests therein; $37,655,000, to remain available until ex-
pended.
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment ac-
tivities by the Department of the Interior necessary to
carry out the provisions of the Comprehensive Environ-
mental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601, et seq.), Federal Water Pollu-
tion Control Act, as amended (33 U.S.C. 1251, et seq.),
182
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 monetary payments and may
include stocks, bonds or other personal 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.
LAND ACQUISITION
For expenses necessary to carry out the provisions
of the Land and Water Conservation Fund Act of 1965,
as amended (16 U.S.C. 460l–4–11), including administra-
tive expenses, and for acquisition of land or waters, or in-
terest therein, in accordance with statutory authority ap-
plicable to the United States Fish and Wildlife Service,
$45,400,000, to be derived from the Land and Water Con-
servation Fund, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION
FUND
For expenses necessary to carry out the provisions
of the Endangered Species Act of 1973 (16 U.S.C. 1531–
1543), as amended by Public Law 100–478, $8,085,000
for grants to States, to be derived from the Cooperative
183
Endangered Species Conservation Fund, and to remain
available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $10,779,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions
of the African Elephant Conservation Act (16 U.S.C.
4201–4203, 4211–4213, 4221–4225, 4241–4245, and
1538), $600,000, to remain available until expended.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions
of the North American Wetlands Conservation Act, Public
Law 101–233, $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 Conserva-
tion Fund, $200,000, to remain available until expended,
to be available to carry out the provisions of the Rhinoc-
184
eros and Tiger Conservation Act of 1994 (Public Law
103–391).
WILDLIFE CONSERVATION AND APPRECIATION FUND
For deposit to the Wildlife Conservation and Appre-
ciation Fund, $800,000, to remain available until ex-
pended.
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
Secretary, for information, rewards, or evidence concern-
ing violations of laws administered by the United States
Fish and Wildlife Service, and miscellaneous and emer-
gency expenses of enforcement activities, authorized or ap-
proved by the Secretary and to be accounted for solely on
his certificate; repair of damage to public roads within and
adjacent to reservation areas caused by operations of the
United States Fish and Wildlife Service; options for the
purchase of land at not to exceed $1 for each option; facili-
ties incident to such public recreational uses on conserva-
tion areas as are consistent with their primary purpose;
and the maintenance and improvement of aquaria, build-
ings, and other facilities under the jurisdiction of the Unit-
ed States Fish and Wildlife Service and to which the Unit-
ed States has title, and which are utilized pursuant to law
185
in connection with management and investigation of fish
and wildlife resources: Provided, That notwithstanding 44
U.S.C. 501, the Service may, under cooperative cost shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with
jointly-produced publications for which the cooperators
share at least one-half the cost of printing either in cash
or services and the Service determines the cooperator is
capable of meeting accepted quality standards: Provided
further, That the United States Fish and Wildlife Service
may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not
spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife
Refuge System unless the purchase is approved in advance
by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures con-
tained in House Report 103–551: Provided further, That
none of the funds made available in this Act may be used
by the U. S. Fish and Wildlife Service to impede or delay
the issuance of a wetlands permit by the U. S. Army Corps
of Engineers to the City of Lake Jackson, Texas, for the
development of a public golf course west of Buffalo Camp
186
Bayou between the Brazos River and Highway 332: Pro-
vided further, That the Director of the Fish and Wildlife
Service may charge reasonable fees for expenses to the
Federal Government for providing training by the Na-
tional 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 education provided
by the National Education and Training Center: Provided
further, That with respect to lands leased for farming pur-
suant to Public Law 88–567, if for any reason the Sec-
retary disapproves for use in 1996 or does not finally ap-
prove 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
Federal laws related to the use of chemicals and pest man-
agement practices on non-Federal lands.
187
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
tional Park Service, including not to exceed $1,593,000
for the Volunteers-in-Parks program, and not less than
$1,000,000 for high priority projects within the scope of
the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by the Act of Au-
gust 13, 1970, as amended by Public Law 93–408,
$1,086,014,000, without regard to the Act of August 24,
1912, as amended (16 U.S.C. 451), of which not to exceed
$72,000,000, to remain available until expended is to be
derived from the special fee account established pursuant
to title V, section 5201, of Public Law 100–203, and of
which not more than $500,000 shall be available for devel-
opment of the National Park Service’s management plan
for the Mojave National Preserve: Provided, That these
funds shall be strictly limited to the development activities
for the Preserve’s management plan.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, environ-
188
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,
subject to authorization.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the provisions
of the Historic Preservation Act of 1966 (80 Stat. 915),
as amended (16 U.S.C. 470), $36,212,000, to be derived
from the Historic Preservation Fund, established by sec-
tion 108 of that Act, as amended, to remain available for
obligation until September 30, 1997.
CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities, $143,225,000, to remain avail-
able 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 Act of 1989: Provided further, That funds
provided under this head, derived from the Historic Pres-
ervation Fund, established 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.
189
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 1996
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the provisions
of the Land and Water Conservation Fund Act of 1965,
as amended (16 U.S.C. 460l–4–11), including administra-
tive expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority
applicable to the National Park Service, $57,600,000, to
be derived from the Land and Water Conservation Fund,
to remain available until expended, and of which
$1,500,000 is to administer 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 Con-
gress.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 518 passenger
motor vehicles, of which 323 shall be for replacement only,
including not to exceed 411 for police-type use, 12 buses,
and 5 ambulances: Provided, That none of the funds ap-
propriated to the National Park Service may be used to
190
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Serv-
ice may be used to implement an agreement for the rede-
velopment of the southern end of Ellis Island until such
agreement has been submitted to the Congress and shall
not be implemented prior to the expiration of 30 calendar
days (not including any day in which either House of Con-
gress 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 development of the southern end of Ellis Island,
including the facts and circumstances relied upon in sup-
port of the proposed project.
None of the funds in this Act may be spent by the
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention.
The National Park Service may enter into cooperative
agreements that involve the transfer of National Park
Service appropriated funds to State, local and tribal gov-
ernments, other public entities, educational institutions,
and private nonprofit organizations for the public purpose
of carrying out National Park Service programs.
226
‘‘(2) for fiscal year 1996, $7,700,000 shall be
provided for capital infrastructure projects in Amer-
ican 
Samoa; 
$4,420,000 
for 
resettlement 
of
Rongelap Atoll; and
‘‘(3) for fiscal years 1997 and thereafter, all
such amounts shall be available solely for capital in-
frastructure projects in Guam, the Virgin Islands,
American Samoa, the Commonwealth of the North-
ern Mariana Islands, the Republic of Palau, the
Federated States of Micronesia and the Republic of
the Marshall Islands: Provided, That, in fiscal year
1997, $3,000,000 of such amounts shall be made
available to the College of the Northern Marianas
and beginning in fiscal year 1997, and in each year
thereafter, not to exceed $3,000,000 may be allo-
cated, as provided in appropriations Acts, to the
Secretary of the Interior for use by Federal agencies
or the Commonwealth of the Northern Mariana Is-
lands to address immigration, labor, and law en-
forcement issues in the Northern Mariana Islands.
The specific projects to be funded in American
Samoa shall be set forth in a five-year plan for in-
frastructure assistance developed by the Secretary of
the Interior in consultation with the American
Samoa Government and updated annually and sub-