147
prosecution or custody of persons who may be re-
leased from, or not admitted to, a prison as a result
of a prisoner release order shall have standing to op-
pose the imposition or continuation in effect of such
relief and to seek termination of such relief, and
shall have the right to intervene in any proceeding
relating to such relief.
‘‘(b) TERMINATION OF RELIEF.—
‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—
(A) In any civil action with respect to prison condi-
tions in which prospective relief is ordered, such re-
lief shall be terminable upon the motion of any party
or intervener—
‘‘(i) 2 years after the date the court grant-
ed or approved the prospective relief;
‘‘(ii) 1 year after the date the court has
entered an order denying termination of pro-
spective relief under this paragraph; or
‘‘(iii) in the case of an order issued on or
before the date of enactment of the Prison Liti-
gation Reform Act, 2 years after such date of
enactment.
‘‘(B) Nothing in this section shall prevent the
parties from agreeing to terminate or modify relief
148
before the relief is terminated under subparagraph
(A).
‘‘(2) IMMEDIATE
TERMINATION
OF
PROSPEC-
TIVE RELIEF.—In any civil action with respect to
prison conditions, a defendant or intervener shall be
entitled to the immediate termination of any pro-
spective relief if the relief was approved or granted
in the absence of a finding by the court that the re-
lief is narrowly drawn, extends no further than nec-
essary to correct the violation of the Federal right,
and is the least intrusive means necessary to correct
the violation of the Federal right.
‘‘(3) LIMITATION.—Prospective relief shall not
terminate if the court makes written findings based
on the record that prospective relief remains nec-
essary to correct a current or ongoing violation of
the Federal right, extends no further than necessary
to correct the violation of the Federal right, and
that the prospective relief is narrowly drawn and the
least intrusive means to correct the violation.
‘‘(4) TERMINATION OR MODIFICATION OF RE-
LIEF.—Nothing in this section shall prevent any
party or intervener from seeking modification or ter-
mination before the relief is terminable under para-
149
graph (1) or (2), to the extent that modification or
termination would otherwise be legally permissible.
‘‘(c) SETTLEMENTS.—
‘‘(1) CONSENT DECREES.—In any civil action
with respect to prison conditions, the court shall not
enter or approve a consent decree unless it complies
with the limitations on relief set forth in subsection
(a).
‘‘(2) PRIVATE
SETTLEMENT
AGREEMENTS.—
(A) Nothing in this section shall preclude parties
from entering into a private settlement agreement
that does not comply with the limitations on relief
set forth in subsection (a), if the terms of that
agreement are not subject to court enforcement
other than the reinstatement of the civil proceeding
that the agreement settled.
‘‘(B) Nothing in this section shall preclude any
party claiming that a private settlement agreement
has been breached from seeking in State court any
remedy available under State law.
‘‘(d) STATE LAW REMEDIES.—The limitations on
remedies in this section shall not apply to relief entered
by a State court based solely upon claims arising under
State law.
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
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.
191
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 En-
ergy and Natural Resources and the House Committee on
Resources. The Feasibility Study shall ensure that re-
source impacts from any plan to create such access route
are evaluated 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 National Environmental Policy Act. The Study shall
also address the time required for development of alter-
natives and identify all associated costs.
This Feasibility Study shall be conducted solely by
the National Park Service planning personnel permanently
assigned to National Park Service offices located in the
State of Alaska in consultation with the State of Alaska
Department of Transportation.
192
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, and the
mineral and water resources of the United States, its Ter-
ritories and possessions, 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 super-
vision to power permittees and Federal Energy Regulatory
Commission licensees; 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 processing industries (30 U.S.C. 3, 21a, and
1603; 50 U.S.C. 98g(1)) and related purposes as author-
ized
by
law
and
to
publish
and
disseminate
data;
$729,995,000, of which $62,130,000 shall be available for
cooperation with States or municipalities for water re-
sources investigations, and of which $137,000,000 for re-
source research and the operations of Cooperative Re-
search Units shall remain available until September 30,
1997, and of which $16,000,000 shall remain available
until expended for conducting inquiries into the economic
conditions affecting mining and materials processing in-
193
dustries: Provided, That no part of this appropriation shall
be used to pay more than one-half the cost of any topo-
graphic 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 pas-
senger 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 Endan-
gered 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 authorized in writing by the property owner or the
owner’s authorized 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 expend such funds that the volunteers are not
properly trained or that information gathered by the vol-
unteers is not carefully verified: Provided further, That no
later than April 1, 1996, the Director of the United States
Geological Survey shall issue agency guidelines for re-
source research that ensure that scientific and technical
194
peer review is utilized as fully as possible in selection of
projects for funding and ensure the validity and reliability
of research and data collection 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: Pro-
vided further, That once every five years the National
Academy of Sciences shall review and report on the re-
source research activities of the Survey: Provided further,
That if specific authorizing legislation is enacted during
or before the start of fiscal year 1996, the resource re-
search component of the Survey should comply with the
provisions of that legislation: Provided further, That unob-
ligated and unexpended balances in the National Biologi-
cal 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 remain
available for obligation until September 30, 1996: Pro-
vided 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 Direc-
tor of the United States Geological Survey.
195
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;
reimbursement to the General Services Administration for
security guard services; contracting for the furnishing of
topographic maps and for the making of geophysical or
other specialized surveys when it is administratively deter-
mined that such procedures are in the public interest; con-
struction and maintenance of necessary buildings and ap-
purtenant facilities; acquisition of lands for gauging sta-
tions and observation wells; expenses of the United States
National Committee on Geology; and payment of com-
pensation and expenses of persons on the rolls of the Unit-
ed States Geological Survey appointed, as authorized by
law, to represent the United States in the negotiation and
administration of interstate compacts: Provided, That ac-
tivities funded by appropriations herein made may be ac-
complished through the use of contracts, grants, or coop-
erative 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
196
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 vehi-
cles for replacement only; $182,339,000, of which not less
than $70,105,000 shall be available for royalty manage-
ment activities; 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 Activity, to be credited to this appropriation and
to remain available until expended, from additions to re-
ceipts resulting from increases to rates in effect on August
5, 1993, from rate increases to fee collections for OCS
administrative activities performed by the Minerals Man-
agement Service over and above the rates in effect on Sep-
tember 30, 1993, and from additional fees for OCS admin-
istrative activities established after September 30, 1993:
Provided, That beginning in fiscal year 1996 and there-
after, fees for royalty rate relief applications shall be es-
tablished (and revised as needed) in Notices to Lessees,
and shall be credited to this account in the program areas
performing the function, and remain available until ex-
pended for the costs of administering the royalty rate re-
lief authorized by 43 U.S.C. 1337(a)(3): Provided further,
That $1,500,000 for computer acquisitions shall remain
197
available until September 30, 1997: Provided further, That
funds appropriated under this Act shall be available for
the payment of interest in accordance 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 activi-
ties: Provided further, That notwithstanding any other
provision of law, $15,000 under this head shall be avail-
able for refunds of overpayments in connection with cer-
tain 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: Pro-
vided 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 resolution of disputes under, and for partial or com-
plete termination 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
198
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 trans-
fer of certain ongoing projects within the United States
Bureau of Mines, such projects to be identified by the Sec-
retary of the Interior within 90 days of enactment of this
Act: Provided, That there hereby are transferred to, and
vested in, the Secretary of Energy: (1) the functions per-
taining 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, technological investigations and research con-
cerning the extraction, processing, use and disposal of
mineral substances vested by law in the Secretary of the
Interior or the United States Bureau of Mines and per-
formed in fiscal year 1995 by the United States Bureau
199
of Mines under the minerals and materials science pro-
grams at its Pittsburgh Research Center in Pennsylvania,
and at its Albany Research Center in Oregon; and (3) the
functions pertaining to mineral reclamation industries and
the development of methods for the disposal, control, pre-
vention, 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 func-
tions shall not be transferred to the Secretary of Energy
from those other locations: Provided further, That the Di-
rector of the Office of Management and Budget, in con-
sultation 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 func-
tions which relate to or are used by the Department of
the Interior, or component thereof affected by this trans-
fer of functions, and to make such dispositions of person-
nel,
facilities,
assets,
liabilities,
contracts,
property,
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, aris-
ing from, available to or to be made available in connection
200
with, the functions transferred herein as are deemed nec-
essary to accomplish the purposes of this transfer: Pro-
vided further, That all reductions in personnel com-
plements resulting from the provisions of this Act shall,
as to the functions 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 transfers of function became effective:
Provided further, That the transfers of function to the Sec-
retary of Energy shall become effective on the date speci-
fied by the Director of the Office of Management and
Budget, but in no event later than 90 days after enact-
ment into law of this Act: Provided further, That the ref-
erence 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, build-
ings, equipment, other contributions, and fees from public
and private sources, and to prosecute projects using such
contributions 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 cor-
201
porations, any metal or mineral products that may be
manufactured in pilot plants operated by the Bureau of
Mines, and the proceeds of such sales shall be covered into
the Treasury as miscellaneous receipts: Provided further,
That notwithstanding any other provision of law, the Sec-
retary is authorized to convey, without reimbursement,
title and all interest 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, Alabama, 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 pur-
chase of not to exceed 15 passenger motor vehicles for re-
placement only; $95,470,000, and notwithstanding 31
U.S.C. 3302, an additional amount shall be credited to
this account, to remain available until expended, from per-
formance bond forfeitures in fiscal year 1996: Provided,
That notwithstanding any other provision of law, the Sec-
202
retary of the Interior, pursuant to regulations, may utilize
directly or through grants to States, moneys collected in
fiscal year 1996 pursuant to the assessment of civil pen-
alties 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 Au-
gust 3, 1977, to remain available until expended: Provided
further, That notwithstanding any other provision of law,
appropriations for the Office of Surface Mining Reclama-
tion and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Of-
fice 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 purchase of not more than 22 passenger motor vehicles
for replacement 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 minimum program States will be $1,500,000 per State
in fiscal year 1996: Provided further, That of the funds
herein provided up to $18,000,000 may be used for the
emergency program authorized by section 410 of Public
Law 95–87, as amended, of which no more than 25 per
203
centum shall be used for emergency reclamation projects
in any one State and funds for Federally-administered
emergency reclamation projects under this proviso shall
not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency rec-
lamation program shall not be subject to the 25 per cen-
tum 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 authorized to utilize up to 20 per centum
from the recovery of the delinquent debt owed to the Unit-
ed States Government 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 environmental restoration related to
treatment or abatement of acid mine drainage from aban-
doned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Sur-
face 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
204
grants including expenses necessary to provide education
and welfare services for Indians, either directly or in co-
operation with States and other organizations, including
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, improve-
ment, and protection of resources and appurtenant facili-
ties under the jurisdiction of the Bureau of Indian Affairs,
including payment of irrigation assessments and charges;
acquisition 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 adminis-
tration 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 organizations for contract support costs associ-
ated with ongoing contracts or grants or compacts entered
into with the Bureau of Indian Affairs prior to fiscal year
1996, as authorized by the Indian Self-Determination Act
205
of 1975, as amended, and up to $5,000,000 shall be for
the Indian Self-Determination Fund, which shall be avail-
able for the transitional cost of initial or expanded tribal
contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions
of the Indian Self-Determination Act; and of which not
to exceed $330,711,000 for school operations costs of Bu-
reau-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 edu-
cation scholarships, adult vocational training, and assist-
ance 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 September 30, 1997;
and of which not to exceed $71,854,000 shall remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, self-govern-
ance grants, the Indian Self-Determination Fund, and the
Navajo-Hopi Settlement Program: Provided, That tribes
and tribal contractors may use their tribal priority alloca-
tions for unmet indirect costs of ongoing contracts, grants
or compact agreements: Provided further, That funds
made available to tribes and tribal organizations through
contracts or grants obligated during fiscal year 1996, as
206
authorized by the Indian Self-Determination Act of 1975
(88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants author-
ized by the Indian Education Amendments of 1988 (25
U.S.C. 2001 and 2008A) shall remain available until ex-
pended 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-
207
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 ac-
count: Provided further, That any such unobligated bal-
ances 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 In-
dian 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 support the operation of any elemen-
tary 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 expenditure through Septem-
ber 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 Septem-
ber 1, 1995: Provided further, That no funds available to
the Bureau of Indian Affairs shall be used to support ex-
panded 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
U.S.C.
2011(h)(1) (B) and (C), upon the recommendation of a
208
local school board for a Bureau of Indian Affairs operated
school, the Secretary shall establish rates of basic com-
pensation or annual salary rates for the positions of teach-
ers and counselors (including dormitory and homeliving
counselors) at the school at a level not less than that for
comparable positions in public school districts in the same
geographic area, to become effective on July 1, 1997: Pro-
vided further, That of the funds available only through
September 30, 1995, not to exceed $8,000,000 in unobli-
gated and unexpended balances in the Operation of Indian
Programs account shall be merged with and made a part
of the fiscal year 1996 Operation of Indian Programs ap-
propriation, and shall remain available for obligation for
employee severance, relocation, and related expenses, until
March 31, 1996.
CONSTRUCTION
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and
other facilities, including architectural and engineering
services by contract; acquisition of lands and interests in
lands;
and
preparation
of
lands
for
farming,
$100,833,000, to remain available until expended: Pro-
vided, That such amounts as may be available for the con-
struction of the Navajo Indian Irrigation Project and for
other water resource development activities related to the
Southern Arizona Water Rights Settlement Act may be
209
transferred to the Bureau of Reclamation: Provided fur-
ther, That not to exceed 6 per centum of contract author-
ity available to the Bureau of Indian Affairs from the Fed-
eral Highway Trust Fund may be used to cover the road
program management costs of the Bureau of Indian Af-
fairs: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall
be made available on a non-reimbursable basis: Provided
further, That for the fiscal year ending September 30,
1996, in implementing new construction or facilities im-
provement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100–297, as amended, the Secretary of the
Interior shall use the Administrative and Audit Require-
ments and Cost Principles for Assistance Programs con-
tained in 43 CFR part 12 as the regulatory requirements:
Provided further, That such grants shall not be subject
to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for
the work to be performed: Provided further, That in con-
sidering applications, the Secretary shall consider whether
the Indian tribe or tribal organization would be deficient
in assuring that the construction projects conform to ap-
plicable building standards and codes and Federal, tribal,
or State health and safety standards as required by 25
210
U.S.C. 2005(a), with respect to organizational and finan-
cial management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall fol-
low the requirements contained in 25 U.S.C. 2505(f): Pro-
vided further, That any disputes between the Secretary
and any grantee concerning a grant shall be subject to
the disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals
and
for
necessary
administrative
expenses,
$80,645,000, to remain available until expended; of which
$78,600,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 87–483, 97–293, 101–618, 102–374, 102–
441, 102–575, and 103–116, and for implementation of
other enacted water rights settlements, including not to
exceed $8,000,000, which shall be for the Federal share
of the Catawba Indian Tribe of South Carolina Claims
Settlement, as authorized by section 5(a) of Public Law
103–116; and of which $1,045,000 shall be available pur-
suant to Public Laws 98–500, 99–264, and 100–580; and
of which $1,000,000 shall be available (1) to liquidate obli-
gations owed tribal and individual Indian payees of any
checks canceled pursuant to section 1003 of the Competi-
tive Equality Banking Act of 1987 (Public Law 100–86
211
(101 Stat. 659)), 31 U.S.C. 3334(b), (2) to restore to In-
dividual Indian Monies trust funds, Indian Irrigation Sys-
tems, and Indian Power Systems accounts amounts in-
vested in credit unions or defaulted savings and loan asso-
ciations and which were not Federally insured, and (3)
to reimburse Indian trust fund account holders for losses
to their respective accounts where the claim for said
loss(es) has been reduced to a judgment or settlement
agreement approved by the Department of Justice.
TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance
requests associated with loans and grants approved under
the Indian Financing Act of 1974, as amended, $500,000.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amend-
ed: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not
to exceed $35,914,000.
In addition, for administrative expenses necessary to
carry out the guaranteed loan program, $500,000.
212
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs shall
be available for expenses of exhibits, and purchase of not
to exceed 275 passenger carrying motor vehicles, of which
not to exceed 215 shall be for replacement only.
TERRITORIAL AND INTERNATIONAL AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$65,188,000, of which (1) $61,661,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and
support of governmental functions; grants to the Govern-
ment of the Virgin Islands as authorized by law; grants
to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Is-
lands as authorized by law (Public Law 94–241; 90 Stat.
272); and (2) $3,527,000 shall be available for salaries
and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local
213
governments herein provided for, including such trans-
actions of all agencies or instrumentalities established or
utilized by such governments, may be audited by the Gen-
eral Accounting Office, at its discretion, in accordance
with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mari-
ana Islands approved by Public Law 99–396, or any sub-
sequent legislation related to Commonwealth of the North-
ern Mariana Islands Covenant grant funding: Provided
further, That of the amounts provided for technical assist-
ance, sufficient funding shall be made available for a grant
to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance im-
provement are appropriated to institutionalize routine op-
erations and maintenance of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, the Republic of
Palau, the Republic of the Marshall Islands, and the Fed-
erated States of Micronesia through assessments of long-
range operations and maintenance needs, improved capa-
bility of local operations and maintenance institutions and
agencies (including management and vocational education
214
training), and project-specific maintenance (with terri-
torial participation and cost sharing to be determined by
the Secretary based on the individual territory’s commit-
ment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance
under this head in this Act or previous appropriations Acts
may be used as non-Federal matching funds for the pur-
pose of hazard mitigation grants provided pursuant to sec-
tion 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for
the Federated States of Micronesia and the Republic of
the Marshall Islands as provided for in sections 122, 221,
223, 232, and 233 of the Compacts of Free Association,
and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
$24,938,000, to remain available until expended, as au-
thorized by Public Law 99–239 and Public Law 99–658:
Provided, That notwithstanding section 112 of Public Law
101–219 (103 Stat. 1873), the Secretary of the Interior
may agree to technical changes in the specifications for
the project described in the subsidiary agreement nego-
tiated under section 212(a) of the Compact of Free Asso-
215
ciation, Public Law 99–658, or its annex, if the changes
do not result in increased costs to the United States.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $56,456,000, of which not to ex-
ceed $7,500 may be for official reception and representa-
tion expenses.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$34,337,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $23,939,000.
CONSTRUCTION MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Construction
Management, $500,000.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gam-
ing Commission, pursuant
to
Public
Law 100–497,
216
$1,000,000: Provided, That on March 1, 1996, the Chair-
man shall submit to the Secretary a report detailing those
Indian tribes or tribal organizations with gaming oper-
ations that are in full compliance, partial compliance, or
non-compliance with the provisions of the Indian Gaming
Regulatory Act (25 U.S.C. 2701, et seq.): Provided fur-
ther, That the information contained in the report shall
be updated on a continuing basis.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $16,338,000, of which $15,891,000 shall re-
main available until expended for trust funds manage-
ment: Provided, That funds made available to tribes and
tribal organizations 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.), shall remain available until expended by the con-
tractor or grantee: Provided further, That notwithstanding
any other provision of law, the statute of limitations shall
not commence to run on any claim, including any claim
in litigation pending on the date of this Act, concerning
losses to or mismanagement of trust funds, until the af-
fected tribe or individual Indian has been furnished with
217
the accounting of such funds from which the beneficiary
can determine whether there has been a loss: Provided fur-
ther, That obligated and unobligated balances provided for
trust funds management within ‘‘Operation of Indian pro-
grams’’, Bureau of Indian Affairs are hereby transferred
to and merged with this appropriation.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated
funds in ‘‘Departmental Management’’, ‘‘Office of the So-
licitor’’, and ‘‘Office of Inspector General’’ may be aug-
mented through the Working Capital Fund or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
218
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of forest or range fires on or threatening
lands under the jurisdiction of the Department of the Inte-
rior; for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oilspills; response and natural resource
damage assessment activities related to actual oilspills; for
219
the prevention, suppression, and control of actual or po-
tential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimburse-
ment to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for
emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority
until funds appropriated to the ‘‘Emergency Department
of the Interior Firefighting Fund’’ shall have been ex-
hausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be
220
‘‘emergency
requirements’’
pursuant
to
section
251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and must be replenished by
a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replen-
ishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were trans-
ferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-
ited to the appropriation current at the time such reim-
bursements are received.
SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
221
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
SEC. 107. Appropriations made in this title from the
Land and Water Conservation Fund for acquisition of
lands and waters, or interests therein, shall be available
for transfer, with the approval of the Secretary, between
the following accounts: Bureau of Land Management,
Land acquisition, United States Fish and Wildlife Service,
Land acquisition, and National Park Service, Land acqui-
sition and State assistance. Use of such funds are subject
to the reprogramming guidelines of the House and Senate
Committees on Appropriations.
222
SEC. 108. Prior to the transfer of Presidio properties
to the Presidio Trust, when authorized, the Secretary may
not obligate in any calendar month more than 1⁄12 of the
fiscal year 1996 appropriation for operation of the Pre-
sidio: Provided, That this section shall expire on December
31, 1995.
SEC. 109. Section 6003 of Public Law 101–380 is
hereby repealed.
SEC. 110. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended by the Secretary of the Interior for developing,
promulgating, and thereafter implementing a rule con-
cerning rights-of-way under section 2477 of the Revised
Statutes.
SEC. 111. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore leasing and related activities placed under re-
striction in the President’s moratorium statement of June
26, 1990, in the areas of Northern, Central, and Southern
California; the North Atlantic; Washington and Oregon;
and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 112. No funds provided in this title may be
expended by the Department of the Interior for the con-
duct of leasing, or the approval or permitting of any drill-
223
ing or other exploration activity, on lands within the North
Aleutian Basin planning area.
SEC. 113. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992–1997.
SEC. 114. No funds provided in this title may be
expended by the Department of the Interior for the con-
duct of preleasing and leasing activities in the Atlantic for
Outer Continental Shelf Lease Sale 164 in the Outer Con-
tinental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992–1997.
SEC. 115. (a) Of the funds appropriated by this Act
or any subsequent Act providing for appropriations in fis-
cal years 1996 and 1997, not more than 50 percent of
any self-governance funds that would otherwise be allo-
cated to each Indian tribe in the State of Washington shall
actually be paid to or on account of such Indian tribe from
and after the time at which such tribe shall—
(1) take unilateral action that adversely impacts
the existing rights to and/or customary uses of,
nontribal member owners of fee simple land within
the exterior boundary of the tribe’s reservation to
224
water, electricity, or any other similar utility or ne-
cessity for the nontribal members’ residential use of
such land; or
(2) restrict or threaten to restrict said owners
use of or access to publicly maintained rights-of-way
necessary or desirable in carrying the utilities or ne-
cessities described above.
(b) Such penalty shall not attach to the initiation of
any legal actions with respect to such rights or the en-
forcement of any final judgments, appeals from which
have been exhausted, with respect thereto.
SEC. 116. Within 30 days after the enactment of this
Act, the Department of the Interior shall issue a specific
schedule for the completion of the Lake Cushman Land
Exchange Act (Public Law 102–436) and shall complete
the exchange not later than September 30, 1996.
SEC. 117. Notwithstanding Public Law 90–544, as
amended, the National Park Service is authorized to ex-
pend appropriated funds for maintenance and repair of
the Company Creek Road in the Lake Chelan National
Recreation Area: Provided, That appropriated funds shall
not be expended for the purpose of improving the property
of private individuals unless specifically authorized by law.
SEC. 118. Section 4(b) of Public Law 94–241 (90
Stat. 263) as added by section 10 of Public Law 99–396
225
is amended by deleting ‘‘until Congress otherwise provides
by law.’’ and inserting in lieu thereof: ‘‘except that, for
fiscal years 1996 through 2002, payments to the Com-
monwealth of the Northern Mariana Islands pursuant to
the multi-year funding agreements contemplated under
the Covenant shall be $11,000,000 annually, subject to an
equal local match and all other requirements set forth in
the Agreement of the Special Representatives on Future
Federal Financial Assistance of the Northern Mariana Is-
lands, executed on December 17, 1992 between the special
representative of the President of the United States and
special representatives of the Governor of the Northern
Mariana Islands with any additional amounts otherwise
made available under this section in any fiscal year and
not required to meet the schedule of payments in this sub-
section to be provided as set forth in subsection (c) until
Congress otherwise provides by law.
‘‘(c) The additional amounts referred to in subsection
(b) shall be made available to the Secretary for obligation
as follows:
‘‘(1)
for
fiscal
years
1996
through
2001,
$4,580,000
annually
for
capital
infrastructure
projects as Impact Aid for Guam under section
104(c)(6) of Public Law 99–239;
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-
227
mitted to the Congress concurrent with the budget
justifications for the Department of the Interior. In
developing budget recommendations for capital in-
frastructure funding, the Secretary shall indicate the
highest priority projects, consider the extent to
which particular projects are part of an overall mas-
ter plan, whether such project has been reviewed by
the Corps of Engineers and any recommendations
made as a result of such review, the extent to which
a set-aside for maintenance would enhance the life
of the project, the degree to which a local cost-share
requirement would be consistent with local economic
and fiscal capabilities, and may propose an incre-
mental set-aside, not to exceed $2,000,000 per year,
to remain available without fiscal year limitation, as
an emergency fund in the event of natural or other
disasters to supplement other assistance in the re-
pair, replacement, or hardening of essential facilities:
Provided further, That the cumulative amount set
aside for such emergency fund may not exceed
$10,000,000 at any time.
‘‘(d) Within the amounts allocated for infrastructure
pursuant to this section, and subject to the specific alloca-
tions made in subsection (c), additional contributions may
be made, as set forth in appropriations Acts, to assist in
228
the resettlement of Rongelap Atoll: Provided, That the
total of all contributions from any Federal source after
enactment of this Act may not exceed $32,000,000 and
shall be contingent upon an agreement, satisfactory to the
President, that such contributions are a full and final set-
tlement of all obligations of the United States to assist
in the resettlement of Rongelop Atoll and that such funds
will be expended solely on resettlement activities and will
be properly audited and accounted for. In order to provide
such contributions in a timely manner, each Federal agen-
cy providing assistance or services, or conducting activi-
ties, in the Republic of the Marshall Islands, is authorized
to make funds available through the Secretary of the Inte-
rior, to assist in the resettlement of Rongelap. Nothing
in this subsection shall be construed to limit the provision
of ex gratia assistance pursuant to section 105(c)(2) of
the Compact of Free Association Act of 1985 (Public Law
99–239, 99 Stat. 1770, 1792) including for individuals
choosing not to resettle at Rongelap, except that no such
assistance for such individuals may be provided until the
Secretary notifies the Congress that the full amount of
all funds necessary for resettlement at Rongelap has been
provided.’’.
229
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST RESEARCH
For necessary expenses of forest research as author-
ized by law, $178,000,000, to remain available until Sep-
tember 30, 1997.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and pro-
viding technical and financial assistance to States, Terri-
tories, possessions, and others and for forest pest manage-
ment activities, cooperative forestry and education and
land conservation activities, $136,794,000, to remain
available until expended, as authorized by law.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System,
for ecosystem planning, inventory, and monitoring, and for
administrative expenses associated with the management
of funds provided under the heads ‘‘Forest Research’’,
‘‘State and Private Forestry’’, ‘‘National Forest System’’,
‘‘Construction’’, ‘‘Fire Protection and Emergency Sup-
pression’’, and ‘‘Land Acquisition’’, $1,256,253,000, to
remain available for obligation until September 30, 1997,
230
and including 65 per centum of all monies received during
the prior fiscal year as fees collected under the Land and
Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l–
6a(i)): Provided, That unobligated and unexpended bal-
ances in the National Forest System account at the end
of fiscal year 1995, shall be merged with and made a part
of the fiscal year 1996 National Forest System appropria-
tion, and shall remain available for obligation until Sep-
tember 30, 1997: Provided further, That up to $5,000,000
of the funds provided herein for road maintenance shall
be available for the planned obliteration of roads which
are no longer needed.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to National Forest System
lands or other lands under fire protection agreement, and
for emergency rehabilitation of burned over National For-
est System lands, $385,485,000, to remain available until
expended:
Provided,
That
unexpended
balances
of
amounts previously appropriated under any other head-
ings for Forest Service fire activities may be transferred
to and merged with this appropriation: Provided further,
That such funds are available for repayment of advances
231
from other appropriations accounts previously transferred
for such purposes.
CONSTRUCTION
For necessary expenses of the Forest Service, not
otherwise provided for, $163,500,000, to remain available
until expended, for construction and acquisition of build-
ings and other facilities, and for construction and repair
of forest roads and trails by the Forest Service as author-
ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:
Provided, That funds becoming available in fiscal year
1996 under the Act of March 4, 1913 (16 U.S.C. 501)
shall be transferred to the General Fund of the Treasury
of the United States: Provided further, That not to exceed
$50,000,000, to remain available until expended, may be
obligated for the construction of forest roads by timber
purchasers: Provided further, That $2,500,000 of the
funds appropriated herein shall be available for a grant
to the ‘‘Non-Profit Citizens for the Columbia Gorge Dis-
covery Center’’ for the construction of the Columbia Gorge
Discovery Center: Provided further, That the Forest Serv-
ice is authorized to grant the unobligated balance of funds
appropriated in fiscal year 1995 for the construction of
the Columbia Gorge Discovery Center to the ‘‘Non-Profit
Citizens for the Columbia Gorge Discovery Center’’ to be
used for the same purpose: Provided further, That the For-
232
est Service is authorized to convey the land needed for
the construction of the Columbia Gorge Discovery Center
without cost to the ‘‘Non-Profit Citizens for the Columbia
Gorge Discovery Center’’: Provided further, That notwith-
standing any other provision of law, funds originally ap-
propriated under this head in Public Law 101–512 for the
Forest Service share of a new research facility at the Uni-
versity of Missouri, Columbia, shall be available for a
grant to the University of Missouri, as the Federal share
in the construction of the new facility: Provided further,
That agreed upon lease of space in the new facility shall
be provided to the Forest Service without charge for the
life of the building.
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 Forest Service, $24,200,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended.
233
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests,
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National
Forests, California, as authorized by law, $1,069,000, to
be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, to be derived from funds de-
posited by State, county, or municipal governments, public
school districts, or other public school authorities pursuant
to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 per centum of all moneys
received during the prior fiscal year, as fees for grazing
domestic livestock on lands in National Forests in the six-
teen Western States, pursuant to section 401(b)(1) of
Public Law 94–579, as amended, to remain available until
expended, of which not to exceed 6 per centum shall be
available for administrative expenses associated with on-
the-ground range rehabilitation, protection, and improve-
ments.
234
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (a) purchase of not to
exceed 183 passenger motor vehicles of which 32 will be
used primarily for law enforcement purposes and of which
151 shall be for replacement; acquisition of 22 passenger
motor vehicles from excess sources, and hire of such vehi-
cles; operation and maintenance of aircraft, the purchase
of not to exceed two for replacement only, and acquisition
of 20 aircraft from excess sources; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (b) serv-
ices pursuant to the second sentence of section 706(a) of
the Organic Act of 1944 (7 U.S.C. 2225), and not to ex-
ceed $100,000 for employment under 5 U.S.C. 3109; (c)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (d) acquisition of
land, waters, and interests therein, pursuant to the Act
of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pur-
235
suant to the Volunteers in the National Forest Act of
1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to change the boundaries of any
region, to abolish any region, to move or close any regional
office for research, State and private forestry, or National
Forest System administration of the Forest Service, De-
partment of Agriculture, or to implement any reorganiza-
tion, ‘‘reinvention’’ or other type of organizational restruc-
turing of the Forest Service, other than the relocation of
the Regional Office for Region 5 of the Forest Service
from San Francisco to excess military property at Mare
Island, Vallejo, California, without the consent of the
House and Senate Committees on Appropriations and the
Committee on Agriculture, Nutrition, and Forestry and
the Committee on Energy and Natural Resources in the
United States Senate and the Committee on Agriculture
and the Committee on Resources in the United States
House of Representatives.
Any appropriations or funds available to the Forest
Service may be advanced to the Fire and Emergency Sup-
pression appropriation and may be used for forest fire-
fighting and the emergency rehabilitation of burned-over
lands under its jurisdiction: Provided, That no funds shall
236
be made available under this authority until funds appro-
priated to the ‘‘Emergency Forest Service Firefighting
Fund’’ shall have been exhausted.
Any funds available to the Forest Service may be
used for retrofitting Mare Island facilities to accommodate
the relocation: Provided, That funds for the move must
come from funds otherwise available to Region 5: Provided
further, That any funds to be provided for such purposes
shall only be available upon approval of the House and
Senate Committees on Appropriations.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agri-
culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.
147b unless the proposed transfer is approved in advance
237
by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures con-
tained in House Report 103–551.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Depart-
ment of Agriculture without the approval of the Chief of
the Forest Service.
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service may
be used to disseminate program information to private and
public individuals and organizations through the use of
nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur nec-
essary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to
Forest Service programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service
under authority of section 101 of Public Law 93–153 (30
U.S.C. 185(1)) as reimbursement of administrative and
other costs incurred in processing pipeline right-of-way or
permit applications and for costs incurred in monitoring
the construction, operation, maintenance, and termination
of any pipeline and related facilities, may be used to reim-
238
burse the applicable appropriation to which such costs
were originally charged.
Funds available to the Forest Service shall be avail-
able to conduct a program of 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 Conserva-
tion Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93–408.
None of the funds available in this Act shall be used
for timber sale preparation using clearcutting in hardwood
stands in excess of 25 percent of the fiscal year 1989 har-
vested volume in the Wayne National Forest, Ohio: Pro-
vided, That this limitation shall not apply to hardwood
stands damaged by natural disaster: Provided further,
That landscape architects shall be used to maintain a vis-
ually pleasing forest.
Any money collected from the States for fire suppres-
sion assistance rendered by the Forest Service on non-
Federal lands not in the vicinity of National Forest Sys-
tem lands shall be used to reimburse the applicable appro-
priation and shall remain available until expended as the
Secretary may direct in conducting activities authorized
by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
239
Of the funds available to the Forest Service, $1,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the For-
est Service is authorized to employ or otherwise contract
with persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such
as fires, storms, floods, earthquakes or any other unavoid-
able cause without regard to Sundays, Federal holidays,
and the regular workweek.
To the greatest extent possible, and in accordance
with the Final Amendment to the Shawnee National For-
est Plan, none of the funds available in this Act shall be
used for preparation of timber sales using clearcutting or
other forms of even aged management in hardwood stands
in the Shawnee National Forest, Illinois.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural devel-
opment purposes.
Notwithstanding any other provision of law, eighty
percent of the funds appropriated to the Forest Service
in the National Forest System and Construction accounts
and planned to be allocated to activities under the ‘‘Jobs
in the Woods’’ program for projects on National Forest
240
land in the State of Washington may be granted directly
to the Washington State Department of Fish and Wildlife
for accomplishment of planned projects. Twenty percent
of said funds shall be retained by the Forest Service for
planning and administering projects. Project selection and
prioritization shall be accomplished by the Forest Service
with such consultation with the State of Washington as
the Forest Service deems appropriate.
For one year after enactment of this Act, the Sec-
retary shall continue the current Tongass Land Manage-
ment Plan (TLMP) and may accommodate commercial
tourism (if an agreement is signed between the Forest
Service and the Alaska Visitors’ Association) except that
during this period, the Secretary shall maintain at least
the number of acres of suitable available and suitable
scheduled timber lands, and Allowable Sale Quantity, as
identified in the Preferred Alternative (Alternative P) in
the Tongass Land and Resources Management Plan and
Final Environmental Impact Statement (dated October
1992) as selected in the Record of Decision Review Draft
#3–2/93.
Nothing in this section shall be interpreted to man-
date clear-cutting or require the sale of timber and noth-
ing in this section, including the ASQ identified in Alter-
native P, shall be construed to limit the Secretary’s con-
241
sideration of new information or prejudice future revision,
amendment or modification of TLMP based upon sound,
verifiable scientific data.
If the Forest Service determines in a Supplemental
Evaluation to an Environmental Impact Statement that
no additional analysis under the National Environmental
Policy Act or section 810 of the Alaska National Interest
Lands Conservation Act is necessary for any timber sale
or offering which has been prepared for acceptance by, or
award to, a purchaser after December 31, 1988, that has
been subsequently determined by the Forest Service to be
available for sale or offering to one or more other pur-
chaser, the change of purchasers for whatever reason shall
not be considered a significant new circumstance, and the
Forest Service may offer or award such timber sale or of-
fering to a different purchaser or offeree, notwithstanding
any other provision of law. A determination by the Forest
Service pursuant to this paragraph shall not be subject
to judicial review.
None of the funds appropriated under this Act for
the Forest Service shall be made available for the purpose
of applying paint to rocks, or rock colorization: Provided,
That notwithstanding any other provision of law, the For-
est Service shall not require of any individual or entity,
as part of any permitting process under its authority, or
242
as a requirement of compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the
painting or colorization of rocks.
DEPARTMENT OF ENERGY
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority
of the Department of Energy Organization Act (Public
Law 95–91), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property
or any facility or for plant or facility acquisition or expan-
sion, and for promoting health and safety in mines and
the mineral industry through research (30 U.S.C. 3,
861(b), and 951(a)), for conducting inquiries, techno-
logical investigations and research concerning the extrac-
tion, processing, use, and disposal of mineral substances
without objectionable social and environmental costs (30
U.S.C. 3, 1602, and 1603), and for the development of
methods for the disposal, control, prevention, and reclama-
tion of waste products in the mining, minerals, metal, and
mineral reclamation industries (30 U.S.C. 3 and 21a),
$416,943,000, to remain available until expended: Pro-
vided, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the
recovery of oil and gas.
243
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER OF FUNDS)
Monies received as investment income on the prin-
cipal amount in the Great Plains Project Trust at the
Norwest Bank of North Dakota, in such sums as are
earned as of October 1, 1995, shall be deposited in this
account and immediately transferred to the General Fund
of the Treasury. Monies received as revenue sharing from
the operation of the Great Plains Gasification Plant shall
be immediately transferred to the General Fund of the
Treasury.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petro-
leum and oil shale reserve activities, $148,786,000, to re-
main available until expended: Provided, That the require-
ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
year 1996: Provided further, That section 501 of Public
Law 101–45 is hereby repealed.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $553,137,000, to remain available
until expended, including, notwithstanding any other pro-
vision of law, the excess amount for fiscal year 1996 deter-
mined under the provisions of section 3003(d) of Public
Law 99–509 (15 U.S.C. 4502), and of which $16,000,000
244
shall be derived from available unobligated balances in the
Biomass Energy Development account: Provided, That
$140,696,000 shall be for use in energy conservation pro-
grams as defined in section 3008(3) of Public Law 99–
509 (15 U.S.C. 4507) and shall not be available until ex-
cess amounts are determined under the provisions of sec-
tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):
Provided further, That notwithstanding section 3003(d)(2)
of Public Law 99–509 such sums shall be allocated to the
eligible programs as follows: $114,196,000 for the weath-
erization assistance program and $26,500,000 for the
State energy conservation program.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Economic Regulatory Administration and the Office
of Hearings and Appeals, $6,297,000, to remain available
until expended.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program
management activities pursuant to the Energy Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), $287,000,000, to remain available until expended,
of which $187,000,000 shall be derived by transfer of un-
245
obligated balances from the ‘‘SPR petroleum account’’ and
$100,000,000 shall be derived by transfer from the ‘‘SPR
Decommissioning Fund’’: Provided, That notwithstanding
section 161 of the Energy Policy and Conservation Act,
the Secretary shall draw down and sell up to seven million
barrels of oil from the Strategic Petroleum Reserve: Pro-
vided further, That the proceeds from the sale shall be de-
posited into a special account in the Treasury, to be estab-
lished and known as the ‘‘SPR Decommissioning Fund’’,
and shall be available for the purpose of removal of oil
from and decommissioning of the Weeks Island site and
for other purposes related to the operations of the Strate-
gic Petroleum Reserve.
SPR PETROLEUM ACCOUNT
Notwithstanding 42
U.S.C. 6240(d)
the
United
States share of crude oil in Naval Petroleum Reserve
Numbered 1 (Elk Hills) may be sold or otherwise disposed
of to other than the Strategic Petroleum Reserve: Pro-
vided, That outlays in fiscal year 1996 resulting from the
use of funds in this account shall not exceed $5,000,000.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $72,266,000,
to remain available until expended: Provided, That not-
withstanding section 4(d) of the Service Contract Act of
246
1965 (41 U.S.C. 353(d)) or any other provision of law,
funds appropriated under this heading hereafter may be
used to enter into a contract for end use consumption sur-
veys for a term not to exceed eight years: Provided further,
That notwithstanding any other provision of law, hereafter
the Manufacturing Energy Consumption Survey shall be
conducted on a triennial basis.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of
sums may be made to other agencies of the Government
for the performance of work for which the appropriation
is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs
in an appropriations Act.
The Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
247
private sources and to prosecute projects in cooperation
with other agencies, Federal, State, private, or foreign:
Provided, That revenues and other moneys received by or
for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects
of the Department appropriated under this Act may be
retained by the Secretary of Energy, to be available until
expended, and used only for plant construction, operation,
costs, and payments to cost-sharing entities as provided
in appropriate cost-sharing contracts or agreements: Pro-
vided further, That the remainder of revenues after the
making of such payments shall be covered into the Treas-
ury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be exe-
cuted prior to the expiration of 30 calendar days (not in-
cluding any day in which either House of Congress is not
in session because of adjournment of more than three cal-
endar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the Presi-
dent of the Senate of a full comprehensive report on such
project, including the facts and circumstances relied upon
in support of the proposed project.
No funds provided in this Act may be expended by
the Department of Energy to prepare, issue, or process
248
procurement documents for programs or projects for
which appropriations have not been made.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $1,747,842,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 300aaa–2 for services furnished by the
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain avail-
able to the tribe or tribal organization without fiscal year
limitation: Provided further, That $12,000,000 shall re-
main available until expended, for the Indian Catastrophic
Health
Emergency
Fund:
Provided
further,
That
$350,564,000 for contract medical care shall remain avail-
249
able for obligation until September 30, 1997: Provided fur-
ther,
That
of
the
funds
provided,
not
less
than
$11,306,000 shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care Im-
provement Act, as amended: Provided further, That funds
provided in this Act may be used for one-year contracts
and grants which are to be performed in two fiscal years,
so long as the total obligation is recorded in the year for
which the funds are appropriated: Provided further, That
the amounts collected by the Secretary of Health and
Human Services under the authority of title IV of the In-
dian Health Care Improvement Act shall be available for
two fiscal years after the fiscal year in which they were
collected, for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and
XIX of the Social Security Act (exclusive of planning, de-
sign, or construction of new facilities): Provided further,
That of the funds provided, $7,500,000 shall remain avail-
able until expended, for the Indian Self-Determination
Fund, which shall be available for the transitional costs
of initial or expanded tribal contracts, grants or coopera-
tive agreements with the Indian Health Service under the
provisions of the Indian Self-Determination Act: Provided
further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the
250
Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available for obligation until September 30,
1997: Provided further, That amounts received by tribes
and tribal organizations under title IV of the Indian
Health Care Improvement Act, as amended, shall be re-
ported and accounted for and available to the receiving
tribes and tribal organizations until expended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out
the Act of August 5, 1954 (68 Stat. 674), the Indian Self-
Determination Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to environmental health and facilities support
activities of the Indian Health Service, $238,958,000, to
remain available until expended: Provided, That notwith-
standing any other provision of law, funds appropriated
251
for the planning, design, construction or renovation of
health facilities for the benefit of an Indian tribe or tribes
may be used to purchase land for sites to construct, im-
prove, or enlarge health or related facilities.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equiva-
lent to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular
buildings and renovation of existing facilities; payments
for telephone service in private residences in the field,
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefor as author-
ized by law (5 U.S.C. 5901–5902); and for expenses of
attendance at meetings which are concerned with the func-
tions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided,
That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or In-
dian Health Service facilities, subject to charges, and the
252
proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–53) shall be
credited to the account of the facility providing the service
and shall be available without fiscal year limitation: Pro-
vided further, That notwithstanding any other law or regu-
lation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service
shall be administered under Public Law 86–121 (the In-
dian 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 transportation: Provided further, That the In-
dian Health Service shall neither bill nor charge those In-
dians who may have the economic means to pay unless
and until such time as Congress has agreed upon a specific
policy to do so and has directed the Indian Health Service
to implement such a policy: Provided further, That, not-
withstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization
through a contract, grant or agreement authorized by title
I of the Indian Self-Determination and Education Assist-
ance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), may
be deobligated and reobligated to a self-governance fund-
253
ing agreement under title III of the Indian Self-Deter-
mination and Education Assistance Act of 1975 and
thereafter shall remain available to the tribe or tribal orga-
nization 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 Serv-
ices, relating to 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 re-
quest has been included in an appropriations Act and en-
acted into law: Provided further, That funds made avail-
able 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 the appropriation structure for the Indian
Health Service may not be altered without advance ap-
proval of the House and Senate Committees on Appropria-
tions.
254
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent
not otherwise provided, title IX, part A, subpart 1 of the
Elementary and Secondary Education Act of 1965, as
amended, and section 215 of the Department of Education
Organization Act, $52,500,000.
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, $20,345,000, to remain available until expended:
Provided, That funds provided in this or any other appro-
priations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-parti-
tioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not in-
cluded 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 Reloca-
tion 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 re-
255
placement 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 author-
ized by title XV of Public Law 99–498 (20 U.S.C. 4401
et seq.), $5,500,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institu-
tion, 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 performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
256
(for terms not to exceed thirty 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, re-
pair,
and
cleaning
of
uniforms
for
employees;
$308,188,000, of which not to exceed $30,472,000 for the
instrumentation program, collections acquisition, Museum
Support
Center
equipment
and
move,
exhibition
reinstallation, the National Museum of the American In-
dian, the repatriation of skeletal remains program, re-
search equipment, information management, 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 participating in official
Smithsonian presentations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL
ZOOLOGICAL PARK
For necessary expenses of planning, construction, re-
modeling, and equipping of buildings and facilities at the
National Zoological Park, by contract or otherwise,
$3,250,000, to remain available until expended.
257
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institu-
tion, 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, $33,954,000, to remain available until ex-
pended: Provided, That contracts awarded for environ-
mental 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 qualifications as well as price.
CONSTRUCTION
For
necessary
expenses
for
construction,
$27,700,000, to remain available until expended.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gal-
lery of Art, the protection and care of the works of art
therein, and administrative 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), including
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for
258
membership in library, museum, and art associations or
societies whose publications 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 therefor, 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, alter-
ation, 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 prop-
er, $51,844,000, 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, $6,442,000, to remain available
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art
259
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, mainte-
nance and security of the John F. Kennedy Center for
the Performing Arts, $10,323,000: Provided, That 40
U.S.C. 193n is hereby amended by striking the word
‘‘and’’ after the word ‘‘Institution’’ and inserting in lieu
thereof a comma, and by inserting ‘‘and the Trustees of
the John F. Kennedy Center for the Performing Arts,’’
after the word ‘‘Art,’’.
CONSTRUCTION
For necessary expenses of capital repair and rehabili-
tation of the existing features of the building and site of
the John F. Kennedy Center for the Performing Arts,
$8,983,000, 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.
260
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, $82,259,000, shall be available to the Na-
tional Endowment for the Arts for the support of projects
and productions in the arts through assistance to groups
and individuals pursuant to section 5(c) of the Act, and
for administering the functions of the Act, to remain avail-
able until September 30, 1997.
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 amended, $17,235,000, to remain available
until September 30, 1997, to the National Endowment for
the Arts, of which $7,500,000 shall be available for pur-
poses of section 5(p)(1): 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
261
years for which equal amounts have not previously been
appropriated.
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, $94,000,000, shall be available to the Na-
tional Endowment for the Humanities for support of ac-
tivities in the humanities, pursuant to section 7(c) of the
Act, and for administering the functions of the Act, to
remain available until September 30, 1997.
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 amended, $16,000,000, to remain available
until September 30, 1997, of which $10,000,000 shall be
available to the National Endowment for the Humanities
for the purposes of section 7(h): Provided, That this ap-
propriation 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 accept-
ed 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.
262
INSTITUTE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $21,000,000,
to remain available until September 30, 1997.
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 re-
ception and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $834,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,
$6,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For expenses necessary for the Advisory Council on
Historic Preservation, $2,500,000.
263
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the Na-
tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),
including services as authorized by 5 U.S.C. 3109,
$5,090,000: Provided, That all appointed members will be
compensated at a rate not to exceed the rate for Executive
Schedule Level IV.
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roo-
sevelt Memorial Commission, established by the Act of Au-
gust 11, 1955 (69 Stat. 694), as amended by Public Law
92–332 (86 Stat. 401), $147,000, to remain available
until September 30, 1997.
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
PUBLIC DEVELOPMENT
Funds made available under this heading in prior
years shall be available for operating and administrative
expenses and for the orderly closure of the Corporation,
as well as operating and administrative expenses for the
functions transferred to the General Services Administra-
tion.
264
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as
authorized
by
Public
Law
96–388,
as
amended,
$28,707,000; of which $1,575,000 for the Museum’s re-
pair and rehabilitation program and $1,264,000 for the
Museum’s exhibition 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 procure-
ment contract, pursuant 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 existing law, or under ex-
isting Executive order issued pursuant to existing 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 nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, 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.
265
SEC. 303. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion 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.
SEC. 305. None of the funds provided in this Act to
any department 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 notice of such assessments and the basis
therefor are presented to the Committees on Appropria-
tions 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’’).
266
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending 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 agen-
cy 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 LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing 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 con-
tract or subcontract made with funds made available in
267
this Act, pursuant to the debarment, suspension, and ineli-
gibility 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 classi-
fied 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. 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
appropriate Secretary after consultation with the tribes.
SEC. 311. Notwithstanding Public Law 103–413,
quarterly payments of funds to tribes and tribal organiza-
tions under annual funding agreements pursuant to sec-
tion 108 of Public Law 93–638, as amended, may be made
268
on the first business day following the first day of a fiscal
quarter.
SEC. 312. None of the funds appropriated or other-
wise 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 ap-
propriate reprogramming guidelines: Provided, That if no
funds are provided for the AmeriCorps program by the
VA–HUD and Independent Agencies fiscal year 1996 ap-
propriations bill, then none of the funds appropriated or
otherwise made available by this Act may be used for the
AmeriCorps programs.
SEC. 313. (a) On or before April 1, 1996, the Penn-
sylvania Avenue Development Corporation shall—
(1) transfer and assign in accordance with this
section all of its rights, title, and interest in and to
all of the leases, covenants, agreements, and ease-
ments it has executed or will execute by March 31,
1996, in carrying out its powers and duties under
the Pennsylvania Avenue Development Corporation
Act (40 U.S.C. 871–885) and the Federal Triangle
Development Act (40 U.S.C. 1101–1109) to the
General Services Administration, National Capital
Planning Commission, or the National Park Service;
and
269
(2) except as provided by subsection (d), trans-
fer all rights, title, and interest in and to all prop-
erty, both real and personal, held in the name of the
Pennsylvania Avenue Development Corporation to
the General Services Administration.
(b) The responsibilities of the Pennsylvania Avenue
Development Corporation transferred to the General Serv-
ices Administration under subsection (a) include, but are
not limited to, the following:
(1) Collection of revenue owed the Federal Gov-
ernment as a result of real estate sales or lease
agreements entered into by the Pennsylvania Avenue
Development Corporation and private parties, in-
cluding, at a minimum, with respect to the following
projects:
(A) The Willard Hotel property on Square
225.
(B) The Gallery Row project on Square
457.
(C) The Lansburgh’s project on Square
431.
(D) The Market Square North project on
Square 407.
(2) Collection of sale or lease revenue owed the
Federal Government (if any) in the event two unde-
270
veloped sites owned by the Pennsylvania Avenue De-
velopment Corporation on Squares 457 and 406 are
sold or leased prior to April 1, 1996.
(3) Application of collected revenue to repay
United States Treasury debt incurred by the Penn-
sylvania Avenue Development Corporation in the
course of acquiring real estate.
(4) Performing financial audits for projects in
which the Pennsylvania Avenue Development Cor-
poration has actual or potential revenue expectation,
as identified in paragraphs (1) and (2), in accord-
ance with procedures described in applicable sale or
lease agreements.
(5) Disposition of real estate properties which
are or become available for sale and lease or other
uses.
(6) Payment of benefits in accordance with the
Uniform Relocation Assistance and Real Property
Acquisitions Policies Act of 1970 to which persons
in the project area squares are entitled as a result
of the Pennsylvania Avenue Development Corpora-
tion’s acquisition of real estate.
(7) Carrying out the responsibilities of the
Pennsylvania
Avenue
Development
Corporation
under the Federal Triangle Development Act (40
271
U.S.C. 1101–1109), including responsibilities for
managing assets and liabilities of the Corporation
under such Act.
(c) In carrying out the responsibilities of the Penn-
sylvania Avenue Development Corporation transferred
under this section, the Administrator of the General Serv-
ices Administration shall have the following powers:
(1) To acquire lands, improvements, and prop-
erties by purchase, lease or exchange, and to sell,
lease, or otherwise dispose of real or personal prop-
erty as necessary to complete the development plan
developed under section 5 of the Pennsylvania Ave-
nue Development Corporation Act of 1972 (40
U.S.C. 874) if a notice of intention to carry out such
acquisition or disposal is first transmitted to the
Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House
of Representatives and the Committee on Environ-
ment and Public Works and the Committee on Ap-
propriations of the Senate and at least 60 days
elapse after the date of such transmission.
(2) To modify from time to time the plan re-
ferred to in paragraph (1) if such modification is
first transmitted to the Committee on Transpor-
tation and Infrastructure and the Committee on Ap-
272
propriations of the House of Representatives and the
Committee on Environment and Public Works and
the Committee on Appropriations of the Senate and
at least 60 days elapse after the date of such trans-
mission.
(3) To maintain any existing Pennsylvania Ave-
nue Development Corporation insurance programs.
(4) To enter into and perform such leases, con-
tracts, or other transactions with any agency or in-
strumentality of the United States, the several
States, or the District of Columbia or with any per-
son, firm, association, or corporation as may be nec-
essary to carry out the responsibilities of the Penn-
sylvania Avenue Development Corporation under the
Federal
Triangle
Development
Act
(40
U.S.C.
1101–1109).
(5) To request the Council of the District of
Columbia to close any alleys necessary for the com-
pletion of development in Square 457.
(6) To use all of the funds transferred from the
Pennsylvania Avenue Development Corporation or
income earned on Pennsylvania Avenue Development
Corporation property to complete any pending devel-
opment projects.
273
(d)(1)(A) On or before April 1, 1996, the Pennsylva-
nia Avenue Development Corporation shall transfer all its
right, title, and interest in and to the property described
in subparagraph (B) to the National Park Service, De-
partment of the Interior.
(B) The property referred to in subparagraph (A) is
the property located within the Pennsylvania Avenue Na-
tional Historic Site depicted on a map entitled ‘‘Penn-
sylvania Avenue National Historic Park’’, dated June 1,
1995, and numbered 840–82441, which shall be on file
and available for public inspection in the offices of the Na-
tional Park Service, Department of the Interior. The
Pennsylvania Avenue National Historic Site includes the
parks, plazas, sidewalks, special lighting, trees, sculpture,
and memorials.
(2) Jurisdiction of Pennsylvania Avenue and all other
roadways from curb to curb shall remain with the District
of Columbia but vendors shall not be permitted to occupy
street space except during temporary special events.
(3) The National Park Service shall be responsible
for management, administration, maintenance, law en-
forcement, visitor services, resource protection, interpreta-
tion, and historic preservation at the Pennsylvania Avenue
National Historic Site.
274
(4) The National Park Service may enter into con-
tracts, cooperative agreements, or other transactions with
any agency or instrumentality of the United States, the
several States, or the District of Columbia or with any
person, firm, association, or corporation as may be deemed
necessary or appropriate for the conduct of special events,
festivals, concerts, or other art and cultural programs at
the Pennsylvania Avenue National Historic Site or may
establish a nonprofit foundation to solicit funds for such
activities.
(e) Notwithstanding any other provision of law, the
responsibility for ensuring that development or redevelop-
ment in the Pennsylvania Avenue area is carried out in
accordance with the Pennsylvania Avenue Development
Corporation Plan—1974, as amended, is transferred to
the National Capital Planning Commission or its succes-
sor commencing April 1, 1996.
(f) SAVINGS PROVISIONS.—
(1) REGULATIONS.—Any regulations prescribed
by the Corporation in connection with the Penn-
sylvania Avenue Development Corporation Act of
1972 (40 U.S.C. 871–885) and the Federal Triangle
Development Act (40 U.S.C. 1101–1109) shall con-
tinue in effect until suspended by regulations pre-
275
scribed by the Administrator of the General Services
Administration.
(2) EXISTING RIGHTS, DUTIES, AND OBLIGA-
TIONS NOT AFFECTED.—Subsection (a) shall not be
construed as affecting the validity of any right, duty,
or obligation of the United States or any other per-
son arising under or pursuant to any contract, loan,
or other instrument or agreement which was in ef-
fect on the day before the date of the transfers
under subsection (a).
(3) CONTINUATION
OF
SUITS.—No action or
other proceeding commenced by or against the Cor-
poration in connection with administration of the
Pennsylvania Avenue Development Corporation Act
of 1972 (40 U.S.C. 871–885) and the Federal Tri-
angle Development Act (40 U.S.C. 1101–1109) shall
abate by reason of enactment and implementation of
this Act, except that the General Services Adminis-
tration shall be substituted for the Corporation as a
party to any such action or proceeding.
(g) Section 3(b) of the Pennsylvania Avenue Develop-
ment Corporation Act of 1972 (40 U.S.C. 872(b)) is
amended as follows:
‘‘(b) The Corporation shall be dissolved on or before
April 1, 1996. Upon dissolution, assets, obligations, in-
276
debtedness, and all unobligated and unexpended balances
of the Corporation shall be transferred in accordance with
the Department of the Interior and Related Agencies Ap-
propriations Act, 1996.’’.
SEC. 314. (a) Except as provided in subsection (b),
no part of any appropriation contained in this Act or any
other Act shall be obligated or expended for the operation
or implementation of the Interior Columbia Basin Eco-
system Management Project (hereinafter ‘‘Project’’).
(b) From the funds appropriated to the Forest Serv-
ice
and
Bureau
of
Land
Management:
a
sum
of
$4,000,000 is made available for the Executive Steering
Committee of the Project to publish, and submit to the
Congress, by May 31, 1996, an assessment of the National
Forest System lands and lands administered by the Bu-
reau of Land Management within the area encompassed
by the Project. The assessment shall be accompanied by
two draft Environmental Impact Statements that: are not
decisional and not subject to judicial review; contain a
range of alternatives, without the identification of a pre-
ferred alternative or management recommendation; and
provide a methodology for conducting any cumulative ef-
fects analysis required by section 102(2) of the National
Environmental Policy Act (42 U.S.C. 433(2)) in the prep-
aration of amendments to resource management plans
277
pursuant to subsection (c). The assessment shall incor-
porate all existing relevant scientific information includ-
ing, but not limited to, information on landscape dynam-
ics, forest and rangeland health conditions, fisheries, and
watersheds and the implications of each as they relate to
federal forest and rangeland health. The assessment and
draft Environmental Impact Statements shall not be: the
subject of consultation or conferencing pursuant to section
7 of the Endangered Species Act of 1973 (16 U.S.C.
1536); accompanied by any record of decision or other Na-
tional Environmental Policy Act documentation; or applied
or used to regulate non-federal lands. The Executive
Steering Committee shall release the draft Environmental
Impact Statements for a ninety day public comment pe-
riod and include a summary of the public comments re-
ceived in the Submission to Congress.
(c)(1) From the funds appropriated to the Forest
Service and the Bureau of Land Management, based on
the documents prepared pursuant to subsection (b) and
any other guidance or policy issued prior to the date of
enactment of this section, and in consultation with the af-
fected Governor, and county commissioners, each Forest
Supervisor and District Manager with responsibility for a
national forest or a unit of land administered by the Bu-
reau of Land Management (hereinafter ‘‘forest’’) within
278
the area encompassed by the Project shall review the re-
source management plan (hereinafter ‘‘plan’’) for such
forest and develop, by an amendment to such plan, a
modification of or alternative to any policy which is appli-
cable to such plan upon the date of enactment of this sec-
tion (whether or not such policy has been added to such
plan by amendment), including any policy which is, or is
intended to be, of limited duration, and which the Project
addresses, to meet the specific conditions of such forest.
Each amendment shall: contain the modified or alternative
policy developed pursuant to this paragraph, be directed
solely to and affect only such plan; address the specific
conditions of the forest to which the plan applies and the
relationship of the modified or alternative policy to such
conditions; and, to the maximum extent practicable, estab-
lish site-specific standards in lieu of imposing general
standards applicable to multiple sites.
(2)(A) Each amendment prepared pursuant to para-
graph (1) shall comply with any applicable requirements
of section 102(2) of the National Environmental Policy
Act, except that any cumulative effects analysis conducted
in accordance with the methodology provided pursuant to
subsection (b) shall be deemed to meet any requirements
of such Act for such analysis.
279
(B) Any policy adopted in an amendment prepared
pursuant to paragraph (1) which is a modification of or
alternative to a policy referred to in paragraph (1) upon
which consultation or conferencing has occurred pursuant
to section 7 of the Endangered Species Act of 1973 shall
not again be subject to the consultation or conferencing
provisions of such section 7. Any other consultation or
conferencing required by such section 7 shall be conducted
separately on each amendment prepared pursuant to para-
graph (1): Provided, That, except as provided in this sub-
paragraph, no other consultation shall be undertaken on
such amendments, or any project or activity which is con-
sistent with an applicable amendment, on any policy re-
ferred to in paragraph (1), or on any portion of any plan
related to such policy or the species to which such policy
applies.
(3) Each amendment prepared pursuant to para-
graph (1) shall be adopted on or before March 31, 1997,
and no policy referred to in paragraph (1), or any provi-
sion of a plan or other planning document incorporating
such policy, shall be effective in any forest subject to the
Project on or after such date, or after an amendment to
the plan which applies to such forest is adopted pursuant
to this subsection, whichever occurs first.
280
(4) On the signing of a record of decision or equiva-
lent document making an amendment for the Clearwater
National Forest pursuant to paragraph (1), the require-
ment for revision referred to in this Stipulation of Dismis-
sal dated September 13, 1993, applicable to such forest
is deemed to be satisfied, and the interim management
direction provisions contained in the Stipulation of Dis-
missal shall be of no further effect with respect to such
forest.
SEC. 315. RECREATIONAL FEE DEMONSTRATION
PROGRAM.—(a) The Secretary of the Interior (acting
through the Bureau of Land Management, the National
Park Service and the United States Fish and Wildlife
Service) and the Secretary of Agriculture (acting through
the Forest Service) shall each implement a fee program
to demonstrate the feasibility of user-generated cost recov-
ery for the operation and maintenance of recreation areas
or sites and habitat enhancement projects on Federal
lands.
(b) In carrying out the pilot program established pur-
suant to this section, the appropriate Secretary shall select
from areas under the jurisdiction of each of the four agen-
cies referred to in subsection (a) no fewer than 10, but
as many as 50, areas, sites or projects for fee demonstra-
281
tion. For each such demonstration, the Secretary, notwith-
standing any other provision of law—
(1) shall charge and collect fees for admission
to the area or for the use of outdoor recreation sites,
facilities, visitor centers, equipment, and services by
individuals and groups, or any combination thereof;
(2) shall establish fees under this section based
upon a variety of cost recovery and fair market valu-
ation methods to provide a broad basis for feasibility
testing;
(3) may contract, including provisions for rea-
sonable commissions, with any public or private en-
tity to provide visitor services, including reservations
and information, and may accept services of volun-
teers to collect fees charged pursuant to paragraph
(1);
(4) may encourage private investment and part-
nerships to enhance the delivery of quality customer
services and resource enhancement, and provide ap-
propriate recognition to such partners or investors;
and
(5) may assess a fine of not more than $100
for any violation of the authority to collect fees for
admission to the area or for the use of outdoor
282
recreation sites, facilities, visitor centers, equipment,
and services.
(c)(1) Amounts collected at each fee demonstration
area, site or project shall be distributed as follows:
(A) Of the amount in excess of 104% of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4%, eighty percent to
a special account in the Treasury for use without
further appropriation, by the agency which admin-
isters the site, to remain available for expenditures
in accordance with paragraph (2)(A).
(B) Of the amount in excess of 104% of the
amount collected in fiscal year 1995, and thereafter
annually adjusted upward by 4%, twenty percent to
a special account in the Treasury for use without
further appropriation, by the agency which admin-
isters the site, to remain available for expenditure in
accordance with paragraph (2)(B).
(C) For agencies other than the Fish and Wild-
life Service, up to 15% of current year collections of
each agency, but not greater than fee collection costs
for that fiscal year, to remain available for expendi-
ture without further appropriation in accordance
with paragraph (2)(C).
283
(D) For agencies other than the Fish and Wild-
life Service, the balance to the special account estab-
lished pursuant to subparagraph (A) of section
4(i)(1) of the Land and Water Conservation Fund
Act, as amended.
(E) For the Fish and Wildlife Service, the bal-
ance shall be distributed in accordance with section
201(c) of the Emergency Wetlands Resources Act.
(2)(A) Expenditures from site specific special funds
shall be for further activities of the area, site or project
from which funds are collected, and shall be accounted for
separately.
(B) Expenditures from agency specific special funds
shall be for use on an agency-wide basis and shall be ac-
counted for separately.
(C) Expenditures from the fee collection support fund
shall be used to cover fee collection costs in accordance
with section 4(i)(1)(B) of the Land and Water Conserva-
tion Fund Act, as amended: Provided, That funds unex-
pended and unobligated at the end of the fiscal year shall
not be deposited into the special account established pur-
suant to section 4(i)(1)(A) of said Act and shall remain
available for expenditure without further appropriation.
(3) In order to increase the quality of the visitor expe-
rience at public recreational areas and enhance the protec-
284
tion of resources, amounts available for expenditure under
this section may only be used for the area, site or project
concerned, for backlogged repair and maintenance projects
(including projects relating to health and safety) and for
interpretation, signage, habitat or facility enhancement,
resource preservation, annual operation (including fee col-
lection), maintenance, and law enforcement relating to
public use. The agencywide accounts may be used for the
same purposes set forth in the preceding sentence, but for
areas, sites or projects selected at the discretion of the
respective agency head.
(d)(1) Amounts collected under this section shall not
be taken into account for the purposes of the Act of May
23, 1908 and the Act of March 1, 1911 (16 U.S.C. 500),
the Act of March 4, 1913 (16 U.S.C. 501), the Act of
July 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937
and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.),
the Act of June 14, 1926 (43 U.S.C. 869–4), chapter 69
of title 31, United States Code, section 401 of the Act
of June 15, 1935 (16 U.S.C. 715s), the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l), and any
other provision of law relating to revenue allocation.
(2) Fees charged pursuant to this section shall be in
lieu of fees charged under any other provision of law.
285
(e) The Secretary of the Interior and the Secretary
of Agriculture shall carry out this section without promul-
gating regulations.
(f) The authority to collect fees under this section
shall commence on October 1, 1995, and end on Septem-
ber 30, 1998. Funds in accounts established shall remain
available through September 30, 2001.
SEC. 316. Section 2001(a)(2) of Public Law 104–19
is amended as follows: Strike ‘‘September 30, 1997’’ and
insert in lieu thereof ‘‘December 31, 1996’’.
SEC. 317. None of the funds made available in this
Act may be used for any program, project, or activity
when it is made known to the Federal entity or official
to which the funds are made available that the program,
project, or activity is not in compliance with any applicable
Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
SEC. 318. None of the funds provided in this Act may
be made available for the Mississippi River Corridor Herit-
age Commission.
SEC. 319. GREAT BASIN NATIONAL PARK.—Section
3 of the Great Basin National Park Act of 1986 (16
U.S.C. 410mm–1) is amended—
(1) in the first sentence of subsection (e) by
striking ‘‘shall’’ and inserting ‘‘may’’; and
286
(2) in subsection (f)—
(A) by striking ‘‘At the request’’ and in-
serting the following:
‘‘(1) EXCHANGES.—At the request’’;
(B) by striking ‘‘grazing permits’’ and in-
serting ‘‘grazing permits and grazing leases’’;
and
(C) by adding after ‘‘Federal lands.’’ the
following:
‘‘(2) ACQUISITION BY DONATION.—
(A) IN GENERAL.—The Secretary may ac-
quire by donation valid existing permits and
grazing leases authorizing grazing on land in
the park.
(B) TERMINATION.—The Secretary shall
terminate a grazing permit or grazing lease ac-
quired under subparagraph (A) so as to end
grazing previously authorized by the permit or
lease.’’.
SEC. 320. None of the funds made available in this
Act shall be used by the Department of Energy in imple-
menting the Codes and Standards Program to propose,
issue, or prescribe any new or amended standard: Pro-
vided, That this section shall expire on September 30,
1996: Provided further, That nothing in this section shall
287
preclude the Federal Government from promulgating rules
concerning energy efficiency standards for the construc-
tion of new federally-owned commercial and residential
buildings.
SEC. 321. 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 pe-
destrian use of such bridge, when it is made known to
the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with gen-
erally accepted safety standards.
SEC. 322. (a) None of the funds appropriated or oth-
erwise made available pursuant to this Act shall be obli-
gated or expended to accept or process applications for
a patent for any mining or mill site claim located under
the general mining laws.
(b) 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 Secretary 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
288
(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) PROCESSING SCHEDULE.—For those applications
for patents pursuant to subsection (b) which were filed
with the Secretary of the Interior, prior to September 30,
1994, the Secretary of the Interior shall—
(1) Within three months of the enactment of
this Act, file with the House and Senate Committees
on Appropriations and the Committee on Resources
of the House of Representatives and the Committee
on Energy and Natural Resources of the United
States Senate a plan which details how the Depart-
ment of the Interior will make a final determination
as to whether or not an applicant is entitled to a
patent under the general mining laws on at least 90
percent of such applications within five years of the
enactment of this Act and file reports annually
thereafter with the same committees detailing ac-
tions taken by the Department of the Interior to
carry out such plan; and
(2) Take such actions as may be necessary to
carry out such plan.
(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
289
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 examination of
the mining claims or mill sites contained in a patent appli-
cation 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. 323. None of the funds appropriated or other-
wise made available by this Act may be used for the pur-
poses of acquiring lands in the counties of Lawrence, Mon-
roe, or Washington, Ohio, for the Wayne National Forest.
SEC. 324. No part of any appropriation contained in
this Act or any other Act shall be expended or obligated
to fund the activities of the Office of Forestry and Eco-
nomic Development after December 31, 1995.
SEC. 325. Amend section 2001(k) of Public Law
104–19 by striking ‘‘in fiscal years 1995 and 1996’’ in
paragraph (1) and adding paragraph (4) to read:
‘‘(4)
TIMING
AND
CONDITIONS
OF
ALTER-
NATIVE
VOLUME.—For any sale subject to para-
graph (2) of this subsection, the Secretary concerned
shall, and for any other sale subject to this sub-
section, the Secretary concerned may, within 45
290
days of the date of enactment of this paragraph,
reach agreement with the purchaser to provide by a
date agreed to by the purchaser, a volume, value and
kind of timber satisfactory to the purchaser to sub-
stitute for all or a portion of the timber subject to
the sale, which shall be subject to the original terms
of the contract except as otherwise agreed, and shall
be subject to paragraph (1). After the agreed date
for providing alternative timber the purchaser may
operate the original sale under the terms of para-
graph (1) until the Secretary concerned designates
and the purchaser accepts alternative timber under
this paragraph. Any sale subject to this subsection
shall be awarded and released and may be operated
under the terms of paragraph (1) until completed
and shall not count against current allowable sale
quantities or timber sales to be offered under sub-
section (b) and (d).’’
SEC. 326. (a) LAND EXCHANGE.—The Secretary of
the Interior (hereinafter referred to as the ‘‘Secretary’’)
is authorized to convey to the Boise Cascade Corporation
(hereinafter referred to as the ‘‘Corporation’’), a corpora-
tion formed under the statutes of the State of Delaware,
with its principal place of business at Boise, Idaho, title
to approximately seven acres of land, more or less, located
291
in sections 14 and 23, township 36 north, range 37 east,
Willamette Meridian, Stevens County, Washington, fur-
ther identified in the records of the Bureau of Reclama-
tion, Department of the Interior, as Tract No. GC–19860,
and to accept from the Corporation in exchange therefor,
title to approximately one hundred and thirty-six acres of
land located in section 19, township 37 north, range 38
east and section 33, township 38 north, range 37 east,
Willamette Meridian, Stevens County, Washington, and
further identified in the records of the Bureau of Reclama-
tion, Department of the Interior, as Tract No. GC–19858
and Tract No. GC–19859, respectively.
(b) APPRAISAL.—The properties so exchanged either
shall be approximately equal in fair market value or if they
are not approximately equal, shall be equalized by the pay-
ment of cash to the Corporation or to the Secretary as
required or in the event the value of the Corporation’s
lands is greater, the acreage may be reduced so that the
fair market value is approximately equal: Provided, That
the Secretary shall order appraisals made of the fair mar-
ket value of each tract of land included in the exchange
without consideration for improvements thereon: Provided
further, That any cash payment received by the Secretary
shall be covered in the Reclamation Fund and credited to
the Columbia Basin project.
292
(c) ADMINISTRATIVE COSTS.—Costs of conducting
the necessary land surveys, preparing the legal descrip-
tions of the lands to be conveyed, performing the apprais-
als, and administrative costs incurred in completing the
exchange shall be borne by the Corporation.
(d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1)
The Secretary shall not acquire any lands under this Act
if the Secretary determines that such lands, or any portion
thereof, have become contaminated with hazardous sub-
stances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9601)).
(2) Notwithstanding any other provision of law, the
United States shall have no responsibility or liability with
respect to any hazardous wastes or other substances
placed on any of the lands covered by this Act after their
transfer to the ownership of any party, but nothing in this
Act shall be construed as either diminishing or increasing
any responsibility or liability of the United States based
on the condition of such lands on the date of their transfer
to the ownership of another party. The Corporation shall
indemnify the United States for liabilities arising under
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act (42 U.S.C. 9601), and the Re-
293
source Conservation Recovery Act (42 U.S.C. 6901 et
seq.).
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
SEC. 327. TIMBER SALES PIPELINE RESTORATION
FUNDS.—(a) The Secretary of Agriculture and the Sec-
retary of the Interior shall each establish a Timber Sales
Pipeline
Restoration
Fund
(hereinafter
‘‘Agriculture
Fund’’ and ‘‘Interior Fund’’ or ‘‘Funds’’). Any revenues
received from sales released under section 2001(k) of the
fiscal year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act, minus the funds necessary
to make payments to States or local governments under
other law concerning the distribution of revenues derived
from
the
affected
lands,
which
are
in
excess
of
$37,500,000 (hereinafter ‘‘excess revenues’’) shall be de-
posited into the Funds. The distribution of excess reve-
nues between the Agriculture Fund and Interior Fund
shall be calculated by multiplying the total of excess reve-
nues times a fraction with a denominator of the total reve-
nues received from all sales released under such section
2001(k) and numerators of the total revenues received
from such sales on lands within the National Forest Sys-
tem and the total revenues received from such sales on
294
lands administered by the Bureau of Land Management,
respectively: Provided, That revenues or portions thereof
from sales released under such section 2001(k), minus the
amounts necessary for State and local government pay-
ments and other necessary deposits, may be deposited into
the Funds immediately upon receipt thereof and subse-
quently redistributed between the Funds or paid into the
United States Treasury as miscellaneous receipts as may
be required when the calculation of excess revenues is
made.
(b)(1) From the funds deposited into the Agriculture
Fund and into the Interior Fund pursuant to subsection
(a)—
(A) seventy-five percent shall be available, with-
out fiscal year limitation or further appropriation,
for preparation of timber sales, other than salvage
sales as defined in section 2001(a)(3) of the fiscal
year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act, which—
(i) are situated on lands within the Na-
tional Forest System and lands administered by
the Bureau of Land Management, respectively;
and
295
(ii) are in addition to timber sales for
which funds are otherwise available in this Act
or other appropriations Acts; and
(B) twenty-five percent shall be available, with-
out fiscal year limitation or further appropriation, to
expend on the backlog of recreation projects on
lands within the National Forest System and lands
administered by the Bureau of Land Management,
respectively.
(2) Expenditures under this subsection for prepara-
tion of timber sales may include expenditures for Forest
Service activities within the forest land management budg-
et line item and associated timber roads, and Bureau of
Land Management activities within the Oregon and Cali-
fornia grant lands account and the forestry management
area account, as determined by the Secretary concerned.
(c) Revenues received from any timber sale prepared
under subsection (b) or under this subsection, minus the
amounts necessary for State and local government pay-
ments and other necessary deposits, shall be deposited into
the Fund from which funds were expended on such sale.
Such deposited revenues shall be available for preparation
of additional timber sales and completion of additional
recreation projects in accordance with the requirements
set forth in subsection (b).
296
(d) The Secretary concerned shall terminate all pay-
ments into the Agriculture Fund or the Interior Fund, and
pay any unobligated funds in the affected Fund into the
United States Treasury as miscellaneous receipts, when-
ever the Secretary concerned makes a finding, published
in the Federal Register, that sales sufficient to achieve
the total allowable sales quantity of the National Forest
System for the Forest Service or the allowable sales level
for the Oregon and California grant lands for the Bureau
of Land Management, respectively, have been prepared.
(e) Any timber sales prepared and recreation projects
completed under this section shall comply with all applica-
ble environmental and natural resource laws and regula-
tions.
(f) The Secretary concerned shall report annually to
the Committees on Appropriations of the United States
Senate and the House of Representatives on expenditures
made from the Fund for timber sales and recreation
projects, revenues received into the Fund from timber
sales, and timber sale preparation and recreation project
work undertaken during the previous year and projected
for the next year under the Fund. Such information shall
be provided for each Forest Service region and Bureau
of Land Management State office.
297
(g) The authority of this section shall terminate upon
the termination of both Funds in accordance with the pro-
visions of subsection (d).
SEC. 328. Of the funds provided to the National En-
dowment for the Arts:
(a) The Chairperson shall only award a grant
to an individual if such grant is awarded to such in-
dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship.
(b) The Chairperson shall establish procedures
to ensure that no funding provided through a grant,
except a grant made to a State or regional group,
may be used to make a grant to any other organiza-
tion or individual to conduct activity independent of
the direct grant recipient. Nothing in this subsection
shall prohibit payments made in exchange for goods
and services.
(c) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
SEC. 329. DELAY IN IMPLEMENTATION OF THE AD-
MINISTRATION’S RANGELAND REFORM PROGRAM.—None
of the funds made available under this or any other Act
298
may be used to implement or enforce the final rule pub-
lished by the Secretary of the Interior on February 22,
1995 (60 Fed. Reg. 9894), making amendments to parts
4, 1780, and 4100 of title 43, Code of Federal Regula-
tions, to take effect August 21, 1995, until November 21,
1995. None of the funds made available under this or any
other Act may be used to publish proposed or enforce final
regulations governing the management of livestock grazing
on lands administered by the Forest Service until Novem-
ber 21, 1995.
SEC. 330. Section 1864 of title 18, United States
Code, is amended—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘twenty’’
and inserting ‘‘40’’;
(B) in paragraph (3), by striking ‘‘ten’’
and inserting ‘‘20’’;
(C) in paragraph (4), by striking ‘‘if dam-
age exceeding $10,000 to the property of any
individual results,’’ and inserting ‘‘if damage to
the property of any individual results or if
avoidance costs have been incurred exceeding
$10,000, in the aggregate,’’; and
(D) in paragraph (4), by striking ‘‘ten’’
and inserting ‘‘20’’;
299
(2) in subsection (c) by striking ‘‘ten’’ and in-
serting ‘‘20’’;
(3) in subsection (d), by—
(A) striking ‘‘and’’ at the end of paragraph
(2);
(B) striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(C) adding at the end the following:
‘‘(4) the term ‘avoidance costs’ means costs in-
curred by any individual for the purpose of—
‘‘(A) detecting a hazardous or injurious de-
vice; or
‘‘(B) preventing death, serious bodily in-
jury, bodily injury, or property damage likely to
result from the use of a hazardous or injurious
device in violation of subsection (a).’’; and
(4) by adding at the end thereof the following:
‘‘(e) Any person injured as the result of a violation
of subsection (a) may commence a civil action on his own
behalf against any person who is alleged to be in violation
of subsection (a). The district courts shall have jurisdic-
tion, without regard to the amount in controversy or the
citizenship of the parties, in such civil actions. The court
may award, in addition to monetary damages for any in-
jury resulting from an alleged violation of subsection (a),
300
costs of litigation, including reasonable attorney and ex-
pert witness fees, to any prevailing or substantially pre-
vailing party, whenever the court determines such award
is appropriate.’’.
SEC. 331. (a) PURPOSES OF NATIONAL ENDOWMENT
FOR THE ARTS.—Section 2 of the National Foundation
on the Arts and the Humanities Act of 1965, as amended
(20 U.S.C. 951), sets out findings and purposes for which
the National Endowment for the Arts was established,
among which are—
(1) ‘‘The arts and humanities belong to all the
people of the United States’’;
(2) ‘‘The arts and humanities reflect the high
place accorded by the American people .
.
. to the
fostering of mutual respect for the diverse beliefs
and values of all persons and groups’’;
(3) ‘‘Public funding of the arts and humanities
is subject to the conditions that traditionally govern
the use of public money [and] such funding should
contribute to public support and confidence in the
use of taxpayer funds’’; and
(4) ‘‘Public funds provided by the Federal Gov-
ernment must ultimately serve public purposes the
Congress defines’’.
301
(b) ADDITIONAL CONGRESSIONAL FINDINGS.—Con-
gress further finds and declares that the use of scarce
funds, which have been taken from all taxpayers of the
United States, to promote, disseminate, sponsor, or
produce any material or performance that—
(1) denigrates the religious objects or religious
beliefs of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive
way, sexual or excretory activities or organs,
is contrary to the express purposes of the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended.
(c) PROHIBITION ON FUNDING THAT IS NOT CON-
SISTENT WITH THE PURPOSES OF THE ACT.—Notwith-
standing any other provision of law, none of the scarce
funds which have been taken from all taxpayers of the
United States and made available under this Act to the
National Endowment for the Arts may be used to pro-
mote, disseminate, sponsor, or produce any material or
performance that—
(1) denigrates the religious objects or religious
beliefs of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive
way, sexual or excretory activities or organs,
302
and this prohibition shall be strictly applied without re-
gard to the content or viewpoint of the material or per-
formance.
(d) SECTION NOT TO AFFECT OTHER WORKS.—
Nothing in this section shall be construed to affect in any
way the freedom of any artist or performer to create any
material or performance using funds which have not been
made available under this Act to the National Endowment
for the Arts.
SEC. 332. For purposes related to the closure of the
Bureau of Mines, funds made available to the United
States Geological Survey, the United States Bureau of
Mines, and the Bureau of Land Management shall be
available for transfer, with the approval of the Secretary
of the Interior, among the following accounts: United
States Geological Survey, Surveys, investigations, and re-
search; Bureau of Mines, Mines and minerals; and Bureau
of Land Management, Management of lands and re-
sources. The Secretary of Energy shall reimburse the Sec-
retary of the Interior, in an amount to be determined by
the Director of the Office of Management and Budget, for
the expenses of the transferred functions between October
1, 1995 and the effective date of the transfers of function.
Such transfers shall be subject to the reprogramming
303
guidelines of the House and Senate Committees on Appro-
priations.
SEC. 333. No funds appropriated under this or
any other Act shall be used to review or modify sourcing
areas previously approved under section 490(c)(3) of the
Forest Resources Conservation and Shortage Relief Act
of 1990 (Public Law 101–382) or to enforce or imple-
ment Federal regulations 36 CFR part 223 promulgated
on September 8, 1995. The regulations and interim rules
in effect prior to September 8, 1995 (36 CFR 223.48, 36
CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 Sub-
part F, and 36 CFR 261.6) shall remain in effect. The
Secretary of Agriculture or the Secretary of the Interior
shall not adopt any policies concerning Public Law 101–
382 or existing regulations that would restrain domestic
transportation or processing of timber from private lands
or impose additional accountability requirements on any
timber. The Secretary of Commerce shall extend until
September 30, 1996, the order issued under section
491(b)(2)(A) of Public Law 101–382 and shall issue an
order under section 491(b)(2)(B) of such law that will be
effective October 1, 1996.
SEC. 334. The National Park Service, in accord-
ance with the Memorandum of Agreement between the
United States National Park Service and the City of
304
Vancouver dated November 4, 1994, shall permit general
aviation on its portion of Pearson Field in Vancouver,
Washington until the year 2022, during which time a
plan and method for transitioning from general aviation
aircraft to historic aircraft shall be completed; such tran-
sition to be accomplished by that date. This action shall
not be construed to limit the authority of the Federal
Aviation Administration over air traffic control or avia-
tion activities at Pearson Field or limit operations and
airspace of Portland International Airport.
SEC. 335. The United States Forest Service ap-
proval of Alternative site 2 (ALT 2), issued on December
6, 1993, is hereby authorized and approved and shall be
deemed to be consistent with, and permissible under, the
terms of Public Law 100–696 (the Arizona-Idaho Con-
servation Act of 1988).
SEC. 336. Obligations for travel expenses in fiscal
year 1996, for each appropriation account in this Act,
may not exceed 90 percentum of fiscal year 1995 obliga-
tions for administrative travel and for travel by super-
visory and non-career personnel and may not exceed 100
percentum of fiscal year 1995 obligations for program-es-
sential travel.
SEC. 337. The number of employees detailed to
and within Departmental Management in the Depart-