H. R. 2107—42
and shall be available without fiscal year limitation: Provided fur-
ther, That notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public
Law 86–121 (the Indian Sanitation Facilities Act) and Public Law
93–638, as amended: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject
to limitations directed at curtailing Federal travel and transpor-
tation: Provided further, That notwithstanding any other provision
of law, funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement author-
ized by title I or title III of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may be
deobligated and reobligated to a self-determination contract under
title I, or a self-governance agreement under title III of such Act
and thereafter shall remain available to the tribe or tribal organiza-
tion without fiscal year limitation: Provided further, That none
of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request
has been included in an appropriations Act and enacted into law:
Provided further, That funds made available in this Act are to
be apportioned to the Indian Health Service as appropriated in
this Act, and accounted for in the appropriation structure set forth
in this Act: Provided further, That with respect to functions trans-
ferred by the Indian Health Service to tribes or tribal organizations,
the Indian Health Service is authorized to provide goods and serv-
ices to those entities, on a reimbursable basis, including payment
in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account which provided
the funding, said amounts to remain available until expended:
Provided further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service will
contain total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical assist-
ance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance approval
of the House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $15,000,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
H. R. 2107—43
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d–10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND
ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99–498, as amended (20 U.S.C. 56 part A), $4,250,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and perform-
ances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to 5 replacement passenger
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees; $333,408,000, of which not to exceed $32,718,000 for
the instrumentation program, collections acquisition, Museum Sup-
port Center equipment and move, exhibition reinstallation, the
National Museum of the American Indian, the repatriation of skele-
tal remains program, research equipment, information manage-
ment, and Latino programming shall remain available until
expended, and including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for
the Council of American Overseas Research Centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or participat-
ing in official Smithsonian presentations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK
For necessary expenses of planning, construction, remodeling,
and equipping of buildings and facilities at the National Zoological
Park, by contract or otherwise, $3,850,000, to remain available
until expended.
H. R. 2107—44
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of buildings
owned or occupied by the Smithsonian Institution, by contract or
otherwise, as authorized by section 2 of the Act of August 22,
1949 (63 Stat. 623), including not to exceed $10,000 for services
as authorized by 5 U.S.C. 3109, $32,000,000, to remain available
until expended: Provided, That contracts awarded for environmental
systems, protection systems, and exterior repair or restoration of
buildings of the Smithsonian Institution may be negotiated with
selected contractors and awarded on the basis of contractor quali-
fications as well as price.
CONSTRUCTION
For necessary expenses for construction, $33,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, a single procurement for the construction of the
National Museum of the American Indian may be issued which
includes the full scope of the project: Provided further, That the
solicitation and the contract shall contain the clause ‘‘availability
of funds’’ found at 48 CFR 52.232.18.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administra-
tive expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), includ-
ing services as authorized by 5 U.S.C. 3109; payment in advance
when authorized by the treasurer of the Gallery for membership
in library, museum, and art associations or societies whose publica-
tions or services are available to members only, or to members
at a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances there-
for, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $55,837,000, of which not to exceed $3,026,000
for the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, as authorized,
$6,192,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems,
H. R. 2107—45
and exterior repair or renovation of buildings of the National Gal-
lery of Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$11,375,000.
CONSTRUCTION
For necessary expenses for capital repair and rehabilitation
of the existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, $9,000,000, to remain
available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $5,840,000.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$81,240,000 shall be available to the National Endowment for the
Arts for the support of projects and productions in the arts through
assistance to organizations and individuals pursuant to section
5(c) of the Act, and for administering the functions of the Act,
to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amend-
ed, $16,760,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall
be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of money,
and other property accepted by the chairman or by grantees of
the Endowment under the provisions of section 10(a)(2), subsections
11(a)(2)(A) and 11(a)(3)(A) during the current and preceding fiscal
years for which equal amounts have not previously been appro-
priated.
H. R. 2107—46
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$96,800,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant
to section 7(c) of the Act, and for administering the functions
of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amend-
ed, $13,900,000, to remain available until expended, of which
$8,000,000 shall be available to the National Endowment for the
Humanities for the purposes of section 7(h): Provided, That this
appropriation shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appro-
priated.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out subtitle C of the Museum and Library Services
Act of 1996, $23,280,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $907,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956(a)), as amended, $7,000,000.
H. R. 2107—47
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $2,745,000: Pro-
vided, That none of these funds shall be available for compensation
of level V of the Executive Schedule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71–71i), including services as
authorized by 5 U.S.C. 3109, $5,740,000: Provided, That all
appointed members will be compensated at a rate not to exceed
the rate for level IV of the Executive Schedule: Provided further,
That beginning in fiscal year 1998 and thereafter, the Commission
is authorized to charge fees to cover the full costs of Geographic
Information System products and services supplied by the Commis-
sion, and such fees shall be credited to this account as an offsetting
collection, to remain available until expended.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as authorized
by Public Law 96–388 (36 U.S.C. 1401), as amended, $31,707,000
of which $1,575,000 for the museum’s repair and rehabilitation
program and $1,264,000 for the museum’s exhibitions program shall
remain available until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to exist-
ing law.
SEC. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shaw-
nee National Forest, Illinois: Provided, That nothing herein is
intended to inhibit or otherwise affect the sale, lease, or right
to access to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which congressional
action is not complete.
SEC. 304. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
H. R. 2107—48
SEC. 305. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
SEC. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act unless
advance notice of such assessments and the basis therefor are
presented to the Committees on Appropriations and are approved
by such committees.
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None
of the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with sections 2 through 4 of the Act of March
3, 1933 (41 U.S.C. 10a–10c; popularly known as the ‘‘Buy American
Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 1995.
SEC. 309. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or requires
the removal of the underground lunchroom at the Carlsbad Caverns
National Park.
SEC. 310. Beginning in fiscal year 1998 and thereafter, where
the actual costs of construction projects under self-determination
contracts, compacts, or grants, pursuant to Public Laws 93–638,
103–413, or 100–297, are less than the estimated costs thereof,
use of the resulting excess funds shall be determined by the appro-
priate Secretary after consultation with the tribes.
SEC. 311. Notwithstanding Public Law 103–413, quarterly pay-
ments of funds to tribes and tribal organizations under annual
H. R. 2107—49
funding agreements pursuant to section 108 of Public Law 93–
638, as amended, beginning in fiscal year 1998 and therafter, may
be made on the first business day following the first day of a
fiscal quarter.
SEC. 312. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program,
unless the relevant agencies of the Department of the Interior
and/or Agriculture follow appropriate reprogramming guidelines:
Provided, That if no funds are provided for the AmeriCorps program
by the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1998,
then none of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps programs.
SEC. 313. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of such
bridge, when it is made known to the Federal official having author-
ity to obligate or expend such funds that such pedestrian use
is consistent with generally accepted safety standards.
SEC. 314. (a) LIMITATION OF FUNDS.—None of the funds appro-
priated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the Sec-
retary on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised Statutes
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329,
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36,
and 37) for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) REPORT.—On September 30, 1998, the Secretary of the
Interior shall file with the House and Senate Committees on Appro-
priations and the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the Department
of the Interior and Related Agencies Appropriations Act, 1997 (Pub-
lic Law 104–208).
(d) MINERAL
EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Bureau of Land Management to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the third-
party contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention
of third-party contractors.
SEC. 315. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of acquiring
lands in the counties of Gallia, Lawrence, Monroe, or Washington,
Ohio, for the Wayne National Forest.
H. R. 2107—50
SEC. 316. SUBSISTENCE HUNTING AND FISHING IN ALASKA. (a)
MORATORIUM ON FEDERAL MANAGEMENT.—None of the funds made
available to the Department of the Interior or the Department
of Agriculture by this or any other Act hereafter enacted may
be used prior to December 1, 1998 to issue or implement final
regulations, rules, or policies pursuant to title VIII of the Alaska
National Interest Lands Conservation Act to assert jurisdiction,
management, or control over the navigable waters transferred to
the State of Alaska pursuant to the Submerged Lands Act of 1953
or the Alaska Statehood Act of 1959.
(b) AMENDMENTS TO ALASKA NATIONAL INTEREST LANDS CON-
SERVATION ACT.—
(1) AMENDMENT OF ANILCA.—Except as otherwise expressly
provided, whenever in this subsection an amendment or repeal
is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
(2) DEFINITIONS.—Section 102(2) (16 U.S.C. 3102(2)) is
amended to read as follows:
‘‘(2) The term ‘Federal land’ means lands the title to which
is in the United States after December 2, 1980. ‘Federal land’
does not include lands the title to which is in the State, an
Alaska Native corporation, or other private ownership.’’.
(3) FINDINGS.—Section 801 (16 U.S.C. 3111) is amended—
(A) by inserting ‘‘(a)’’ immediately before ‘‘The Congress
finds and declares’’; and
(B) by inserting at the end the following new sub-
section:
‘‘(b) The Congress finds and declares further that—
‘‘(1) subsequent to the enactment of this Act in 1980, the
subsistence law of the State of Alaska (AS 16.05) accomplished
the goals of Congress and requirements of this Act in providing
subsistence use opportunities for rural residents of Alaska,
both Alaska Native and non-Alaska Native;
‘‘(2) the Alaska subsistence law was challenged in Alaska
courts, and the rural preference requirement in the law was
found in 1989 by the Alaska Supreme Court in McDowell
v. State of Alaska (785 P.2d 1, 1989) to violate the Alaska
Constitution;
‘‘(3) since that time, repeated attempts to restore the valid-
ity of the State law through an amendment to the Alaska
Constitution have failed, and the people of Alaska have not
been given the opportunity to vote on such an amendment;
‘‘(4) in accordance with title VIII of this Act, the Secretary
of the Interior is required to manage fish and wildlife for
subsistence uses on all public lands in Alaska because of the
failure of State law to provide a rural preference;
‘‘(5) the Ninth Circuit Court of Appeals determined in
1995 in State of Alaska v. Babbitt (73 F.3d 698) that the
subsistence priority required on public lands under section
804 of this Act applies to navigable waters in which the United
States has reserved water rights as identified by the Secretary
of the Interior;
‘‘(6) management of fish and wildlife resources by State
governments has proven successful in all 50 States, including
Alaska, and the State of Alaska should have the opportunity