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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
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
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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
procurement documents for programs or projects for
which appropriations have not been made.
In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from pub-
lic and private sources, to be deposited in a contributed
funds account, and prosecute projects using such fees and
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contributions in cooperation with other Federal, State or
private agencies or concerns.
The Secretary is authorized to accept funds from
other Federal agencies in return for assisting agencies in
achieving energy efficiency in Federal facilities and oper-
ations by the use of privately financed, energy saving per-
formance contracts and other private financing mecha-
nisms. The funds may be provided after agencies begin
to realize energy cost savings; may be retained by the Sec-
retary until expended; and may be used only for the pur-
pose of assisting Federal agencies in achieving greater ef-
ficiency, water conservation, and use of renewable energy
by means of privately financed mechanisms, including en-
ergy savings performance contracts. Any such privately fi-
nanced contracts shall meet the provisions of the Energy
Policy Act of 1992, Public Law Ω107æ102–496 102–486
(42 U.S.C. 8287).
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-
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spect to the Indian Health Service, Ω108æ$1,829,008,000
$1,958,235,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) for services
furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agree-
ments or compacts authorized by the Indian Self-Deter-
mination and Education Assistance Act of 1975 (25
U.S.C. 450), shall be deemed to be obligated at the time
of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal
year limitation: Provided further, That $12,000,000 shall
remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That
Ω109æ$359,348,000 $362,375,000 for contract medical
care shall remain available for obligation until September
30, 1999: Provided further, That of the funds provided,
not less than $11,889,000 shall be used to carry out the
loan repayment program under section 108 of the Indian
Health Care Improvement Act: Provided further, That
funds provided in this Act may be used for one-year con-
tracts 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 fur-
ther, That the amounts collected by the Secretary of
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Health and Human Services under the authority of title
IV of the Indian Health Care Improvement Act shall re-
main available until expended for the purpose of achieving
compliance with the applicable conditions and require-
ments of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new fa-
cilities): Provided further, That of the funds provided,
$7,500,000 shall remain available until expended, for the
Indian Self-Determination Fund, which shall be available
for the transitional costs of initial or expanded tribal con-
tracts, compacts, grants or cooperative agreements with
the Indian Health Service under the provisions of the In-
dian Self-Determination Act: Provided further, That fund-
ing contained herein, and in any earlier appropriations
Acts for scholarship programs under the Indian Health
Care Improvement Act (25 U.S.C. 1613) shall remain
available for obligation until September 30, 1999: Pro-
vided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Im-
provement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expendedΩ110æ: Provided further, That an amount
not to exceed $200,000 shall be available to fund the Office
of Navajo Uranium Workers for health screening and epi-
demiologic follow up of uranium miners and mill workers,
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to be derived from funds otherwise available for administra-
tive and travel expenses.
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 ActΩ111æ,–and for expenses necessary to carry
out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and fa-
cilities support activities of the Indian Health Service,
$257,310,000 $168,501,000, to remain available until ex-
pended: Provided, That notwithstanding any other provi-
sion of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the bene-
fit of an Indian tribe or tribes may be used to purchase
land for sites to construct, improve, 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.
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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 therefore as au-
thorized by 5 U.S.C. 5901–5902; and for expenses of at-
tendance 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
proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–2653) shall
be credited to the account of the facility providing the
service and shall be available without fiscal year limitation:
Provided further, That notwithstanding any other law or
regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health
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Service shall be administered under Public Law 86–121
(the Indian Sanitation Facilities Act) and Public Law 93–
638, as amended: Provided further, That funds appro-
priated to the Indian Health Service in this Act, except
those used for administrative and program direction pur-
poses, shall not be subject to limitations directed at cur-
tailing Federal travel and transportation: Provided further,
That notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement au-
thorized by title I or title III of the Indian Self-Determina-
tion and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-deter-
mination contract under title I, or a self-governance agree-
ment under title III of such Act and thereafter shall re-
main available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian
Health Service until the Indian Health Service has sub-
mitted a budget request reflecting the increased costs as-
sociated with the proposed final rule, and such request has
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been included in an appropriations Act and enacted into
law: Provided further, That funds made available in this
Act are to be apportioned to the Indian Health Service
as appropriated in this Act, and accounted for in the ap-
propriation structure set forth in this ActΩ112æ:–Provided
further, That funds received from any source, including
tribal contractors and compactors for previously trans-
ferred functions which tribal contractors and compactors
no longer wish to retain, for services, goods, or training
and technical assistance, shall be retained by the Indian
Health Service and shall remain available until expended
by the Indian Health Service: Provided further, That with
respect to functions transferred by the Indian Health Serv-
ice to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in ad-
vance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act,
may be credited to the same or subsequent appropriation
account which provided the funding, said amounts to re-
main available until expended: Provided further, That re-
imbursements for training, technical assistance, or serv-
ices provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
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associated with the provision of goods, services, or tech-
nical assistance: Provided further, That the appropriation
structure for the Indian Health Service may not be altered
without advance approval of the House and Senate Com-
mittees on Appropriations.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, Ω113æ$18,345,000 $15,000,000, to remain available
until expended: Provided, That funds provided in this or
any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from Dis-
trict 6, Hopi-partitioned lands residents, those in signifi-
cantly substandard housing, and all others certified as eli-
gible and not included in the preceding categories: Pro-
vided further, That none of the funds contained in this
or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or
Navajo family who, as of November 30, 1985, was phys-
ically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be pro-
vided with more than one new or replacement home: Pro-
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vided further, That the Office shall relocate any certified
eligible relocatees who have selected and received an ap-
proved 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, as amended (20
U.S.C. 56, part A), Ω114æ$3,000,000 $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
(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
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to 5 replacement passenger vehicles; purchase, rental, re-
pair, 
and 
cleaning 
of 
uniforms 
for 
employees;
Ω115æ$334,557,000 $333,708,000, of which not to exceed
$32,718,000 for the instrumentation program, collections
acquisition, Museum Support Center equipment and move,
exhibition reinstallation, the National Museum of the
American Indian, the repatriation of skeletal remains pro-
gram, research equipment, information management, and
Latino programming shall remain available until ex-
pended, 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 Re-
search Centers: Provided, That funds appropriated herein
are available for advance payments to independent con-
tractors 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,
$3,850,000, to remain available until expended.
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
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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, Ω116æ$50,000,000 $32,000,000, to remain
available until expended: Provided, That contracts award-
ed for environmental systems, protection systems, and ex-
terior 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.
Ω117æCONSTRUCTION
For necessary expenses for construction, $33,000,000,
to remain available until expended: Provided, That not-
withstanding any other provision of law, a single procure-
ment for the construction of the National Museum of the
American Indian may be issued which includes the full
scope of the project: Provided further, That the solicitation
and the contract shall contain the clause ‘‘availability of
funds’’ found at 48 CFR 52.232.18.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National 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
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(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
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, $55,837,000, of which not to exceed $3,026,000 for
the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, Ω118æ$6,442,000 $5,942,000, to
remain available until expended: Provided, That contracts
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awarded for environmental systems, protection systems,
and exterior repair or renovation of buildings of the Na-
tional Gallery of Art may be negotiated with selected con-
tractors and awarded on the basis of contractor qualifica-
tions 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, $11,375,000.
CONSTRUCTION
For necessary expenses for capital repair and reha-
bilitation of the existing features of the building and site
of the John F. Kennedy Center for the Performing Arts,
$9,000,000, to remain available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
Ω119æFor necessary expenses of the Woodrow Wilson
International Center for Scholars, $1,000,000.
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.
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NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
Ω120æNATIONAL ENDOWMENT FOR THE ARTS
Ω121æGRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $83,300,000 shall be available to the National
Endowment for the Arts for the support of projects and pro-
ductions in the arts through assistance to organizations and
individuals pursuant to section 5(c) of the Act, and for ad-
ministering the functions of the Act, to remain available
until expended.
Ω122æMATCHING 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, $16,760,000, to remain available until
expended, to the National Endowment for the Arts: Pro-
vided, That this appropriation shall be available for obliga-
tion 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), sub-
sections 11(a)(2)(A) and 11(a)(3)(A) during the current
and preceding fiscal years for which equal amounts have
not previously been appropriated.
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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, Ω123æ$96,100,000 $96,800,000, shall be
available to the National Endowment for the Humanities
for support of activities in the humanities, pursuant to
section 7(c) of the Act, and for administering the func-
tions of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $13,900,000, to remain available
until expended, of which $8,000,000 shall be available to
the National Endowment for the Humanities for the pur-
poses of section 7(h): Provided, That this appropriation
shall be available for obligation only in such amounts as
may be equal to the total amounts of gifts, bequests, and
devises of money, and other property accepted by the
Chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B)
during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
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INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out subtitle C of the Museum and Li-
brary 
Services 
Act 
of 
1996, 
Ω124æ$23,390,000
$22,290,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used
to process any grant or contract documents which do not
include the text of 18 U.S.C. 1913: Provided, That none
of the funds appropriated to the National Foundation on
the Arts and the Humanities may be used for official 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), $907,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 
(20 
U.S.C. 
956(a)), 
as 
amended,
Ω125æ$6,000,000 $7,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on
Historic Preservation (Public Law 89–665, as amended),
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Ω126æ$2,700,000 $2,745,000: Provided, That none of
these funds shall be available for the compensation of Ex-
ecutive Level V or higher positions.
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,
Ω127æ$5,700,000 $5,740,000: Provided, That all ap-
pointed members will be compensated at a rate not to ex-
ceed the rate for Executive Schedule Level IV: Provided
further, That beginning in fiscal year 1998 and thereafter,
the Commission is authorized to charge fees to cover the
full costs of Geographic Information System products and
services supplied by the Commission, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96–388 (36 U.S.C. 1401), as
amended, $31,707,000 of which $1,575,000 for the Muse-
um’s repair and rehabilitation program and $1,264,000
for the Museum’s exhibitions program shall remain avail-
able until expended.
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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.
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.
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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 advance notice of such assessments and
the basis therefor are presented to the Committees on Ap-
propriations and are approved by such Committees.
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c; popularly known as the ‘‘Buy American Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT 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-
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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
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
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Management lands in a manner different than such sales
were conducted in fiscal year 1995.
SEC. 309. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
SEC. 310. Beginning in fiscal year 1998 and there-
after, where the actual costs of construction projects under
self-determination contracts, compacts, or grants, pursu-
ant 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 Sec-
retary 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, beginning
in fiscal year 1998 and therafter, may be made on the
first business day following the first day of a fiscal quar-
ter.
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-
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propriate reprogramming guidelines: Provided, That if no
funds are provided for the AmeriCorps program by the
VA–HUD and Independent Agencies fiscal year 1998 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. 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. 314. (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
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of the Revised Statutes (30 U.S.C. 35, 36, and 37) for
placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be,
were fully complied with by the applicant by that date.
(c) On September 30, 1998, the Secretary of the In-
terior shall 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 re-
port on actions taken by the Department under the plan
submitted pursuant to section 314(c) of the Department
of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104–208).
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
upon the request of a patent applicant, the Secretary of
the Interior shall allow the applicant to fund a qualified
third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral 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.
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SEC. 315. 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 Gallia, Law-
rence, Monroe, or Washington, Ohio, for the Wayne Na-
tional Forest.
Ω128æSEC. 316. None of the funds available to the
Department of the Interior or the Department of Agri-
culture by this or any other Act may be used to prepare,
promulgate, implement, or enforce any interim or final
rule or regulation pursuant to title VIII of the Alaska Na-
tional Interest Lands Conservation Act to assert jurisdic-
tion, management, or control over any waters (other than
non-navigable waters on Federal lands), non-Federal
lands, or lands selected by, but not conveyed to, the State
of Alaska pursuant to the Submerged Lands Act of 1953
or the Alaska Statehood Act, or an Alaska Native Cor-
poration pursuant to the Alaska Native Claims Settlement
Act.
Ω129æSEC. 317. 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 implement
Federal regulations 36 CFR part 223 promulgated on
September 8, 1995. The regulations and interim rules in
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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 Sep-
tember
30,
1998,
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, 1998.
Ω130æSEC. 318. No part of any appropriation con-
tained in this Act shall be expended or obligated to fund
the activities of the western director and special assistant
to the Secretary within the Office of the Secretary of Agri-
culture.
SEC. 318. No part of any appropriation contained in
this Act shall be expended or obligated to fund the activities
of the western director and special assistant to the Secretary
within the Office of the Secretary of Agriculture unless the
proposed expenditure is approved in advance by the House
and Senate Committees on Appropriations in compliance
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with the reprogramming procedures contained in the report
accompanying this bill.
SEC. 319. Notwithstanding any other provision of
law, for fiscal year 1998 Ω131æand hereafter the Secretar-
ies of Agriculture and Interior are authorized to limit com-
petition for watershed restoration project contracts as part
of the ‘‘Jobs in the Woods’’ component of the President’s
Forest Plan for the Pacific Northwest to individuals and
entities in historically timber-dependent areas in the
States of Washington, Oregon, and northern California
that have been affected by reduced timber harvesting on
Federal lands.
Ω132æSEC. 320. Section 101(c) of Public Law 104–
134 is amended as follows: Under the heading ‘‘TITLE
III—GENERAL
PROVISIONS’’
amend
section
315(c)(1), subsections (A) and (B) by striking each of
those subsections and inserting in lieu thereof:
‘‘(A) Eighty percent to a special account in the
Treasury for use without further appropriation, by
the agency which administers the site, to remain
available for expenditure in accordance with para-
graph (2)(A).
‘‘(B) Twenty percent to a special account in the
Treasury for use without further appropriation, by
the agency which administers the site, to remain
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available for expenditure in accordance with para-
graph (2)(B).’’.
SEC. 321. None of the funds collected under the Rec-
reational Fee Demonstration program may be used to
plan, design, or construct a visitor center or any other per-
manent structure without prior approval of the House and
the Senate Committees on Appropriations Ω133æif the es-
timated total cost of the facility exceeds $500,000.
SEC. 322. Section 303(d)(1) of Public Law 96–451
(16 U.S.C. 1606a(d)(1)) is amended by inserting before
the semicolon the following: ‘‘and other forest stand im-
provement activities to enhance forest health and reduce
hazardous fuel loads of forest stands in the National For-
est System’’.
Ω134æSEC. 323. The Secretaries of Agriculture and
Interior, in their conducting the Interior Columbia Basin
Ecosystem
Management
Project,
including
both
the
Eastside Draft Environmental Impact Statement and the
Upper Columbia River Basin Ecosystem Management
Strategy Draft Environmental Impact Statement as de-
scribed in a Federal Register notice on January 15, 1997
(Vol. 62, No. 10, page 2176) (hereinafter ‘‘Project’’), shall
analyze the economic and social conditions, and culture
and customs of communities at the sub-basin level of anal-
ysis within the project area to the extent practicable and
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delineate the impacts the alternatives will have on the
communities in the 164 sub-basins. The project managers
shall release this more thorough analysis for public review
as an addition to the draft environmental impact state-
ments for the project, and incorporate this analysis and
public comments to this analysis in any final environ-
mental impact statements and record of decisions gen-
erated by the project.
SEC. 324. Notwithstanding section 904(b) of Public
Law 104–333, hereafter, the Heritage Area established
under section 904 of title IX of division II of Public Law
104–333 shall include any portion of a city, town, or vil-
lage within an area specified in section 904(b)(2) of that
Act only to the extent that the government of the city,
town, or village, in a resolution of the governing board
or council, agrees to be included and submits the resolu-
tion to the Secretary of the Interior and the management
entities for the Heritage Area and to the extent such reso-
lution is not subsequently revoked in the same manner.
Ω135æSEC. 325. None of the funds appropriated or
otherwise made available to the Indian Health Service by
this Act may be used to restructure the funding of Indian
health care delivery systems to Alaskan Natives.
SEC. 325. (a) Notwithstanding any other provision of
law, and except as provided in this section, the Aleutian/
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Pribilof Islands Association, Inc., Bristol Bay Area Health
Corporation, Chugachmiut, Copper River Native Associa-
tion, Kodiak Area Native Area Association, Maniilaq Asso-
ciation, Metlakatla Indian Community, Arctic Slope Native
Association, Ltd., Norton Sound Health Corporation,
Southcentral Foundation, Southeast Alaska Regional
Health Consortium, Tanana Chiefs Conference, Inc., and
Yukon-Kuskokwim Health Corporation (hereinafter ‘‘re-
gional health entities’’), without further resolutions from the
Regional Corporations, Village Corporations, Indian Reor-
ganization Act Councils, tribes and/or villages which they
represent are authorized to form a consortium (hereinafter
‘‘the Consortium’’) to enter into contracts, compacts, or
funding agreements under Public Law 93–638 (25 U.S.C.
450 et seq.), as amended, to provide all statewide health
services provided by the Indian Health Service of the U.S.
Department of Health and Human Services through the
Alaska Native Medical Center and the Alaska Area Office.
Each specified ‘‘regional health entity’’ shall maintain that
status for purposes of participating in the Consortium only
so long as it operates a regional health program for the In-
dian Health Service under Public Law 93–638 (25 U.S.C.
450 et seq.), as amended.
(b) The Consortium shall be governed by a 15 member
Board of Directors, which shall be composed of one rep-
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resentative of each regional health entity listed in subsection
(a) above, and two additional persons who shall represent
Indian tribes, as defined in 25 U.S.C. 450b(e), and sub-
regional tribal organizations which operate health pro-
grams not affiliated with the regional health entities listed
above and Indian tribes not receiving health services from
any tribal, regional or sub-regional health provider. Each
member of the Board of Directors shall be entitled to cast
one vote. Decisions of the Board of Directors shall be made
by consensus whenever possible, and by majority vote in
the event that no consensus can be reached. The Board of
Directors shall establish at its first meeting its rules of pro-
cedure, which shall be published and made available to all
members.
(c) The statewide health services (including any pro-
grams, functions, services and activities provided as part
of such services) of the Alaska Native Medical Center and
the Alaska Area Office may only be provided by the Consor-
tium. Statewide health services for purposes of this section
shall consist of all programs, functions, services, and activi-
ties provided by or through the Alaska Native Medical Cen-
ter and the Alaska Area Office, not under contract or other
funding agreement with any other tribe or tribal organiza-
tion as of October 1, 1997, except as provided in subsection
(d) below. All statewide health services provided by the Con-
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sortium under this section shall be provided pursuant to
contracts or funding agreements entered into by the Consor-
tium under Public Law 93–638 (25 U.S.C. 450 et seq.),
as amended, and for such purpose the Consortium shall be
deemed to have mature contract status as defined in section
4(h) of the Indian Self-Determination and Education As-
sistance Act, 25 U.S.C. 450b(h).
(d) Cook Inlet Region, Inc., through Southcentral
Foundation (or any successor health care entity designated
by Cook Inlet Region, Inc.) pursuant to Public Law 93–
638 (25 U.S.C. 450 et seq.), as amended, is hereby author-
ized to enter into contracts or funding agreements under
such Public Law for all services, provided at or through
the Alaska Native Primary Care Center or other satellite
clinics in Anchorage or the Matanuska-Susitna Valley with-
out submission of any further authorizing resolutions from
any other Alaska Native Region, village corporation, In-
dian Reorganization Act council, or tribe, no matter where
located. Services provided under this paragraph shall, at
a minimum, maintain the level of statewide and Anchorage
Service Unit services provided at the Alaska Native Pri-
mary Care Center as of October 1, 1997, including nec-
essary related services performed at the Alaska Native Medi-
cal Center. In addition, Cook Inlet Region, Inc., through
Southcentral Foundation, or any lawfully designated health
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care entity of Cook Inlet Region, Inc., shall contract or enter
into a funding agreement under Public Law 93–638 (25
U.S.C. 450 et seq.), as amended, for all primary care serv-
ices provided by the Alaska Native Medical Center, includ-
ing, but not limited to, family medicine, primary care in-
ternal medicine, pediatrics, obstetrics and gynecology, phys-
ical therapy, psychiatry, emergency services, public health
nursing, health education, optometry, dentistry, audiology,
social services, pharmacy, radiology, laboratory and bio-
medical, and the administrative support for these programs,
functions, services and activities. Cook Inlet Region, Inc.,
through Southcentral Foundation, or any lawfully des-
ignated health care entity of Cook Inlet Region, Inc., may
provide additional health care services at the Alaska Native
Medical Center if such use and services are provided pursu-
ant to an agreement with the Consortium. All services cov-
ered by this subsection shall be provided on a nondiscrim-
inatory basis without regard to residency within the Mu-
nicipality of Anchorage.
Ω136æSEC. 326. (a) Notwithstanding any other provi-
sion of law, after September 30, 1997 the Indian Health
Service may not disburse funds for the provision of health
care services pursuant to Public Law 93–638 (25 U.S.C.
450 et seq.), with any Alaska Native village or Alaska Na-
137
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tive village corporation that is located within the area
served by an Alaska Native regional health entity.
(b) Nothing in this section shall be construed to pro-
hibit the disbursal of funds to any Alaska Native village
or Alaska Native village corporation under any contract or
compact entered into prior to May 1, 1997, or to prohibit
the renewal of any such agreement.
(c) The General Accounting Office shall conduct a
study of the impact of contracting and compacting by the
Indian Health Service under Public Law 93–638 with Alas-
ka Native villages and Alaska Native village corporations
for the provision of health care services on the provision
of health care services by Alaska Native regional corpora-
tion health care entities. The General Accounting Office
shall submit the results of that study to the Committee on
Appropriations of the Senate and the Committee on Appro-
priations of the House by June 1, 1998.
Ω137æSEC. 326. None of the funds made available
by this Act may be used for the eviction of any person
from real property in Sleeping Bear Dunes National Lake-
shore that the person was authorized, on July 10, 1997,
to occupy under a lease by the Department of the Interior
or a special use permit issued by the Department of the
Interior.
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Ω138æSEC. 327. None of the funds made available
by this Act may be obligated or expended for the Man
and Biosphere Program or the World Heritage Program
administered by the United Nations Educational, Sci-
entific, and Cultural Organization (UNESCO).
SEC. 328. None of the funds made available in this
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as
a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary
to county ordinance.
Ω139æSEC. 329. Of the funds provided to the National
Endowment for the Arts:
(a) The Chairperson shall only award a grant to
an individual if such grant is awarded to such indi-
vidual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, ex-
cept a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
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this subsection shall prohibit payments made in ex-
change 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.
Ω140æSEC. 330. The National Endowment for the Arts
and the National Endowment for the Humanities are au-
thorized to solicit, accept, receive, and invest in the name
of the United States, gifts, bequests, or devises of money and
other property or services and to use such in furtherance
of the functions of the National Endowment for the Arts
and the National Endowment for the Humanities. Any pro-
ceeds from such gifts, bequests, or devises, after acceptance
by the National Endowment for the Arts or the National
Endowment for the Humanities, shall be paid by the donor
or the representative of the donor to the Chairman. The
Chairman shall enter the proceeds in a special interest-
bearing account to the credit of the appropriate Endowment
for the purposes specified in each case.
Ω141æSEC. 331. In fiscal years 1998 through 2002, the
Secretaries of the Interior and Agriculture may make recip-
rocal delegations of their respective authorities, duties and
responsibilities in support of joint pilot programs to pro-
mote customer service and efficiency in the management of
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public lands and national forests: Provided, That nothing
herein shall alter, expand or limit the existing applicability
of any public law or regulation to lands administered by
the Bureau of Land Management or the United States
Forest Service.
Ω142æSEC. 332. No part of any appropriation con-
tained in this Act shall be expended or obligated to fund
any activities associated with revision of national forest
land management plans until the administration publishes
new final rules in the Federal Register for forest land man-
agement planning activities.
Ω143æSEC. 333. No part of any appropriation con-
tained in this Act shall be expended or obligated to fund
any activities associated with issuance of the five year pro-
gram under the Forest and Rangeland Renewable Resources
Planning Act.
Ω144æSEC. 334. (a) WATERSHED RESTORATION AND
ENHANCEMENT AGREEMENTS—IN GENERAL.—For fiscal
year 1998 and each year thereafter, appropriations for the
Forest Service may be used by the Secretary of Agriculture
for the purpose of entering into cooperative agreements with
willing state and local governments, private and non-profit
entities and landowners for protection, restoration and en-
hancement of fish and wildlife habitat, and other resources
141
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on public or private land or both that benefit these resources
within the watershed.
(b) DIRECT
AND
INDIRECT
WATERSHED
AGREE-
MENTS.—The Secretary of Agriculture may enter into a wa-
tershed restoration and enhancement agreement—
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a state,
local or tribal government or other public entity, edu-
cational institution, or private non-profit organiza-
tion.
(c) TERMS AND CONDITIONS.—In order for the Sec-
retary to enter into a watershed restoration and enhance-
ment agreement—
(1) the agreement shall—
(A) include such terms and conditions mu-
tually agreed to by the Secretary and the land-
owner;
(B) improve the viability of and otherwise
benefit the fish, wildlife, and other resources on
national forests lands within the watershed;
(C) authorize the provision of technical as-
sistance by the Secretary in the planning of
management activities that will further the pur-
poses of the agreement;
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(D) provide for the sharing of costs of im-
plementing the agreement among the Federal
government, the landowner(s), and other entities,
as mutually agreed on by the affected interests;
and
(E) ensure that any expenditure by the Sec-
retary pursuant to the agreement is determined
by the Secretary to be in the public interest; and
(2) the Secretary may require such other terms
and conditions as are necessary to protect the public
investment on non-federal lands, provided such terms
and conditions are mutually agreed to by the Sec-
retary and other land owners, state and local govern-
ments or both.
Ω145æSEC. 335. The joint resolution entitled ‘‘Joint
Resolution to establish a commission to formulate plans for
a memorial to Franklin Delano Roosevelt’’, approved Au-
gust 11, 1955 (69 Stat. 694), is amended—
(a) in the first section by inserting before the last
sentence the following: ‘‘The Commission shall submit
a final report to the President and Congress prior to
termination.’’;
(b) by redesignating section 4 as section 5; and
(c) by inserting after section 3 the following:
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‘‘TERMINATION OF THE COMMISSION
‘‘SEC. 4. (a) IN GENERAL.—The Commission shall ter-
minate on the earlier of—
‘‘(1) December 31, 1997; or
‘‘(2) the date that the Commission reports to the
President and the Congress that the Commission’s
work is complete.
‘‘(b) COMMISSION FUNDS.—
‘‘(1) DESIGNATION.—Before the termination of
the Commission, the Commission shall designate a
nonprofit organization to collect, manage, and expend
Commission funds after its termination.
‘‘(2) TRANSFER OF FUNDS.—Before termination
the Commission shall transfer all Commission funds
to the entity designated under paragraph (1).
‘‘(3) 
AMOUNTS
COLLECTED
AFTER
TERMI-
NATION.—The entity designated under paragraph (1)
shall have the right to collect any amounts accruing
to the Commission after the Commission’s termi-
nation, including amounts—
‘‘(A) given to the Commission as a gift or
bequest; or
‘‘(B) raised from the sale of coins issued
under the United States Commemorative Coin
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Act of 1996 (110 Stat. 4005; 31 U.S.C. 5112
note).
‘‘(4) USES OF FUNDS.—The Commission may
specify uses for any funds made available under this
section to the entity designated under paragraph (1),
including—
‘‘(A) to provide for the support, mainte-
nance, and repair of the Memorial; and
‘‘(B) to interpret and educate the public
about the Memorial.
‘‘(5) NEGOTIATION AND CONTRACT.—The Com-
mission may negotiate and contract with a nonprofit
organization before designating the organization
under paragraph (1).’’.
Ω146æSEC. 336. To facilitate priority land exchanges
through which the United States will receive land within
the White Salmon Wild and Scenic River boundaries and
within the Columbia River Gorge National Scenic Area, the
Secretary of Agriculture may hereafter accept title to such
lands deemed appropriate by the Secretary within the
States of Oregon and Washington, regardless of the State
in which the transferred lands are located, following exist-
ing exchange authorities.
Ω147æSEC. 337. The boundary of the Wenatchee Na-
tional Forest in Chelan County, Washington, is hereby ad-
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justed to exclude section 1 of Township 23 North, Range
19 East, Willamette Meridian.
Ω148æSEC. 338. None of the funds provided in this
Act can be used for any activities associated with the Center
of Excellence for Sustainable Development unless a budget
request has been submitted and approved by the Committees
on Appropriations of the House of Representatives and the
United States Senate.
Ω149æSEC. 339. (a) No funds provided in this or any
other act may be expended to develop a rulemaking proposal
to amend or replace the Bureau of Land Management regu-
lations found at 43 C.F.R. 3809 or to prepare a draft envi-
ronmental impact statement on such proposal, until the
Secretary of the Interior certifies to the Committees on En-
ergy and Natural Resources and Appropriations of the
United States Senate and the Committees on Resources and
Appropriations of the United States House of Representa-
tives that the Department of the Interior has consulted with
the Governor, or his/her representative, from each State that
contains public lands open to location under the General
Mining Laws.
(b) The Secretary shall not publish proposed regula-
tions to amend or replace the Bureau of Land Management
regulations found at 43 C.F.R. 3809 prior to November 15,
146
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1998, and shall not finalize such regulations prior to 90
days after such publication.
Ω150æSEC. 340. (a) The Secretary of Agriculture shall
convey to Skamania County, Washington, all right, title,
and interest of the United States in and to a parcel of un-
used real property known as the Wind River Nursery site,
Gifford Pinchot National Forest, Washington. (See U.S. De-
partment of Interior Geological Survey modified for USDA
Forest Service map, Stabler Quadrangle, Washington,
Skamania County, 7.5 minutes series, topographic, Provi-
sional Edition 1983). The conveyance under this subsection
shall include all improvements to the parcel, including all
infrastructure, water rights, easements, and personal prop-
erty.
(b) As consideration for the conveyance under sub-
section (b), Skamania County shall convey to the United
States all right, title, and interest of the county in a parcel
of approximately 120 acres of high biodiversity, special
management area land located within the Columbia River
Gorge National Scenic Area.
(c) The exact acreage and legal description of the real
property to be exchanged by Skamania County under this
section shall be determined by a survey. The cost of any
such survey shall be borne by Skamania County.
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(d) The conveyances made pursuant to this section
shall be subject to existing valid rights.
(e) Section 120(h) of the Comprehensive Environ-
mental Response, Compensation, Liability Act of 1980 (42
U.S.C. 9620(h)) shall apply to the conveyance required
under subsection (b).
(f) The Secretary may require such additional terms
and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to
protect the interests of the United States consistent with ex-
isting law.
Ω151æSEC. 341. (a) LOCAL EXEMPTIONS FROM FOR-
EST SERVICE USER FEES DUE TO LESS THAN FULL FUND-
ING OF PAYMENTS IN LIEU OF TAXES.—Section 6906 of
title 31, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Necessary’’; and
(2) by adding at the end the following:
‘‘(b) LOCAL EXEMPTIONS FROM USER FEES DUE TO
INSUFFICIENT APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Unless sufficient funds are
appropriated for a fiscal year to provide full pay-
ments under this chapter to each unit of general local
government that lies in whole or in part within the
White Mountain National Forest and is eligible for
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the payments, persons residing within the boundaries
of that unit of general local government shall be ex-
empt during that fiscal year from any requirement to
pay a Demonstration Program Fee (parking permit
or passport) imposed by the Secretary of Agriculture
for access to the Forest.
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons
who are exempt from requirements to pay user fees
under paragraph (1).’’.
Ω152æSEC. 342. None of the funds in this or any other
Act shall be expended by the Department of the Interior,
the Forest Service or any other Federal agency, for the in-
troduction of the grizzly bear population in the Selway-
Bitteroot area of Idaho and adjacent Montana, or for con-
sultations under section 7(b)(2) of the Endangered Species
Act for Federal actions affecting grizzly bear within the
Selway-Bitteroot area of Idaho, except that, funds may be
used by the Department of the Interior or the Forest Service,
or any other Federal agency for the purposes of receiving
public comment on the draft Environmental Impact State-
ment dated July 1997, and for conducting a habitat-based
population viability analysis.
Ω153æSEC. 343. The Secretary of Agriculture shall
hereafter phase in, over a 5 year period, the fee increase
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for a recreation residence special use permit holder whose
fee increase is more than 100 percent of the previous year’s
fee: Provided, That no recreation residence fee may be in-
creased any sooner than one year from the time the permit-
tee has been notified by the Forest Service of the results of
an appraisal which has been conducted for the purpose of
establishing such fees: Provided further, That no increases
in recreation residence fees on the Sawtooth National For-
est will be implemented prior to January 1, 1999.
Ω154æSEC. 344. It is the sense of the Senate that—
(1) preserving Civil War battlefields should be
an integral part of preserving our Nation’s history;
and
(2) Congress should give special priority to the
preservation of Civil War battlefields by making
funds available for the purchase of threatened and en-
dangered Civil War battlefield sites.
Ω155æSEC. 345. It is the sense of the Senate that, inas-
much as there is disagreement as to what extent, if any,
Federal funding for the arts is appropriate, and what modi-
fications to the mechanism for such funding may be nec-
essary; and further, inasmuch as there is a role for the pri-
vate sector to supplement the Federal, State, and local part-
nership in support of the arts, hearings should be conducted
and legislation addressing these issues should be brought be-
150
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fore the full Senate for debate and passage during this Con-
gress.
Ω156æSEC. 346. (a) In providing services or awarding
financial assistance under the National Foundation on the
Arts and the Humanities Act of 1965 from funds appro-
priated under this Act, the Chairperson of the National En-
dowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for
projects, productions, workshops, or programs that serve un-
derserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a
population of individuals who have historically been
outside the purview of arts and humanities programs
due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of the
size involved.
Ω157æSEC. 347. Within 90 days of enactment of this
legislation, the Forest Service shall complete its export pol-
icy and procedures on the use of Alaskan Western Red
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Cedar. In completing this policy, the Forest Service shall
evaluate the costs and benefits of a pricing policy that offers
any Alaskan Western Red Cedar in excess of domestic proc-
essing needs in Alaska first to United States domestic proc-
essors.
Ω158æSEC. 348. Of the funds appropriated and des-
ignated an emergency requirement in title II, chapter 5 of
Public Law 104–134, under the heading ‘‘Forest Service,
Construction’’, $4,000,000 shall be available for the recon-
struction of the Oakridge Ranger Station, on the Willamette
National Forest in Oregon: Provided, That the amount shall
be available only to the extent an official request, that in-
cludes designation of the amount as an emergency require-
ment as defined by the Balanced Budget and Emergency
Control Act of 1985, as amended, is transmitted by the
President to Congress: Provided further, That reconstruc-
tion of the facility is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
Ω159æSEC. 349. IMPLEMENTATION OF NEW GUIDE-
LINES ON NATIONAL FORESTS IN ARIZONA AND NEW MEX-
ICO.—(a) Notwithstanding any other provision of law, none
of the funds made available under this or any other Act
may be used for the purposes of executing any adjustments
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to annual operating plans, allotment management plans,
or terms and conditions of existing grazing permits on Na-
tional Forests in Arizona and New Mexico, which are or
may be deemed necessary to achieve compliance with 1996
amendments to the applicable forest plans, until March 1,
1998, or such time as the Forest Service publishes a schedule
for implementing proposed changes, whichever occurs first.
(b) Nothing in this section shall be interpreted to pre-
clude the expenditure of funds for the development of annual
operating plans, allotment management plans, or in devel-
oping modifications to grazing permits in cooperation with
the permittee.
(c) Nothing in this section shall be interpreted to
change authority or preclude the expenditure of funds pur-
suant to section 504 of the 1995 Rescissions Act (Public
Law 104–19).
Ω160æSEC. 
350. 
PAYMENTS
FOR
ENTITLEMENT
LAND.—Section 6901(2)(A)(i) of title 31, United States
Code, is amended by inserting ‘‘(other than in Alaska)’’
after ‘‘city’’ the first place such term appears.
Ω161æSEC. 351. Delete section 103(c)(7) of Public Law
104–333 and replace with the following:
‘‘(7) STAFF.—Notwithstanding any other provi-
sions of law, the Trust is authorized to appoint and
fix the compensation and duties and terminate the
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services of an executive director and such other offi-
cers and employees as it deems necessary without re-
gard to the provisions of title 5, United States Code,
or other laws related to the appointment, compensa-
tion or termination of Federal employees.’’.
Ω162æTITLE IV—DEFICIT REDUCTION LOCK-
BOX
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Deficit Reduction
Lock-box Act of 1997’’.
SEC. 402. DEFICIT REDUCTION LOCK-BOX LEDGER.
(a) ESTABLISHMENT OF LEDGER.—Title III of the
Congressional Budget Act of 1974 is amended by adding
at the end the following new section:
‘‘DEFICIT REDUCTION LOCK-BOX LEDGER
‘‘SEC. 314. (a) ESTABLISHMENT OF LEDGER.—The
Director of the Congressional Budget Office (hereinafter
in this section referred to as the ‘Director’) shall maintain
a ledger to be known as the ‘Deficit Reduction Lock-box
Ledger’. The Ledger shall be divided into entries cor-
responding to the subcommittees of the Committees on
Appropriations. Each entry shall consist of three parts:
the ‘House Lock-box Balance’; the ‘Senate Lock-box Bal-
ance’; and the ‘Joint House-Senate Lock-box Balance’.
‘‘(b) COMPONENTS OF LEDGER.—Each component in
an entry shall consist only of amounts credited to it under
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subsection (c). No entry of a negative amount shall be
made.
‘‘(c) CREDIT OF AMOUNTS TO LEDGER.—(1) The Di-
rector shall, upon the engrossment of any appropriation
bill by the House of Representatives and upon the engross-
ment of that bill by the Senate, credit to the applicable
entry balance of that House amounts of new budget au-
thority and outlays equal to the net amounts of reductions
in new budget authority and in outlays resulting from
amendments agreed to by that House to that bill.
‘‘(2) The Director shall, upon the engrossment of
Senate amendments to any appropriation bill, credit to the
applicable Joint House-Senate Lock-box Balance the
amounts of new budget authority and outlays equal to—
‘‘(A) an amount equal to one-half of the sum of
(i) the amount of new budget authority in the House
Lock-box Balance plus (ii) the amount of new budg-
et authority in the Senate Lock-box Balance for that
bill; and
‘‘(B) an amount equal to one-half of the sum
of (i) the amount of outlays in the House Lock-box
Balance plus (ii) the amount of outlays in the Sen-
ate Lock-box Balance for that bill.
‘‘(3) CALCULATION OF LOCK-BOX SAVINGS IN SEN-
ATE.—For purposes of calculating under this section the
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net amounts of reductions in new budget authority and
in outlays resulting from amendments agreed to by the
Senate on an appropriation bill, the amendments reported
to the Senate by its Committee on Appropriations shall
be considered to be part of the original text of the bill.
‘‘(d) DEFINITION.—As used in this section, the term
‘appropriation bill’ means any general or special appro-
priation bill, and any bill or joint resolution making sup-
plemental,
deficiency,
or
continuing
appropriations
through the end of a fiscal year.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by in-
serting after the item relating to section 313 the following
new item:
‘‘Sec. 314. Deficit reduction lock-box ledger.’’.
SEC. 403. TALLY DURING HOUSE CONSIDERATION.
There shall be available to Members in the House of
Representatives during consideration of any appropria-
tions bill by the House a running tally of the amendments
adopted reflecting increases and decreases of budget au-
thority in the bill as reported.
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SEC. 404. DOWNWARD ADJUSTMENT OF 602(A) ALLOCA-
TIONS
AND
SECTION
602(B)
SUBALLOCA-
TIONS.
(a) ALLOCATIONS.—Section 602(a) of the Congres-
sional Budget Act of 1974 is amended by adding at the
end the following new paragraph:
‘‘(5) Upon the engrossment of Senate amend-
ments to any appropriation bill (as defined in section
314(d)) for a fiscal year, the amounts allocated
under paragraph (1) or (2) to the Committee on Ap-
propriations of each House upon the adoption of the
most recent concurrent resolution on the budget for
that fiscal year shall be adjusted downward by the
amounts credited to the applicable Joint House-Sen-
ate Lock-box Balance under section 314(c)(2). The
revised levels of budget authority and outlays shall
be submitted to each House by the chairman of the
Committee on the Budget of that House and shall
be printed in the Congressional Record.’’.
(b) SUBALLOCATIONS.—Section 602(b)(1) of the
Congressional Budget Act of 1974 is amended by adding
at the end the following new sentence: ‘‘Whenever an ad-
justment is made under subsection (a)(5) to an allocation
under that subsection, the chairman of the Committee on
Appropriations of each House shall make downward ad-
justments in the most recent suballocations of new budget
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authority and outlays under subparagraph (A) to the ap-
propriate subcommittees of that committee in the total
amounts of those adjustments under section 314(c)(2).
The revised suballocations shall be submitted to each
House by the chairman of the Committee on Appropria-
tions of that House and shall be printed in the Congres-
sional Record.’’.
SEC. 405. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act
of 1974 is amended by adding at the end the following
new sentence: ‘‘Such reports shall also include an up-to-
date tabulation of the amounts contained in the ledger and
each entry established by section 314(a).’’.
SEC. 406. DOWNWARD ADJUSTMENT OF DISCRETIONARY
SPENDING LIMITS.
The discretionary spending limits for new budget au-
thority and outlays for any fiscal year set forth in section
601(a)(2) of the Congressional Budget Act of 1974, as
adjusted in strict conformance with section 251 of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
shall be reduced by the amounts set forth in the final regu-
lar appropriation bill for that fiscal year or joint resolution
making continuing appropriations through the end of that
fiscal year. Those amounts shall be the sums of the Joint
House-Senate Lock-box Balances for that fiscal year, as
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calculated under section 602(a)(5) of the Congressional
Budget Act of 1974. That bill or joint resolution shall con-
tain the following statement of law: ‘‘As required by sec-
tion 406 of the Deficit Reduction Lock-box Act of 1997,
for fiscal year [nsert appropriate fiscal year] and each out-
year, the adjusted discretionary spending limit for new
budget authority shall be reduced by $ [insert appropriate
amount of reduction] and the adjusted discretionary limit
for outlays shall be reduced by $ [insert appropriate
amount of reduction] for the budget year and each out-
year.’’. Notwithstanding section 904(c) of the Congres-
sional Budget Act of 1974, section 306 of that Act as it
applies to this statement shall be waived. This adjustment
shall be reflected in reports under sections 254(g) and
254(h) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 407. EFFECTIVE DATE.
(a) IN GENERAL.—This title shall apply to all appro-
priation bills making appropriations for fiscal year 1998
or any subsequent fiscal year.
(b) DEFINITION.—As used in this section, the term
‘‘appropriation bill’’ means any general or special appro-
priation bill, and any bill or joint resolution making sup-
plemental,
deficiency,
or
continuing
appropriations
through the end of a fiscal year.
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Ω163æTITLE V—PRIORITY LAND ACQUISITIONS
AND EXCHANGES
For priority land acquisitions and land exchange
agreements to be conducted by the Bureau of Land Manage-
ment, the U.S. Fish and Wildlife Service, the National Park
Service and the U.S. Forest Service, $700,000,000, to be de-
rived from the Land and Water Conservation Fund, to re-
main available until September 30, 2001, of which not to
exceed $65,000,000 may be available for the acquisition of
identified lands and interests in lands to carry out the
Agreement of August 12, 1996, to acquire interests to pro-
tect and preserve Yellowstone National Park, of which not
to exceed $250,000,000 may be available for the acquisition
of identified lands and interest in lands, at the purchase
price specified, in the September 28, 1996, Headwaters For-
est Agreement, and of which $100,000,000 shall be available
for financial assistance to States pursuant to section 6 of
the Land and Water Conservation Fund Act of 1965, as
amended (16 U.S.C. 460l–4–11): Provided, That the Sec-
retary of the Interior and the Secretary of Agriculture, after
consultation with the heads of the National Park Service,
the United States Fish and Wildlife Service, the Bureau
of Land Management, and the Forest Service, shall jointly
submit to Congress a report listing the lands and interests
in land, in order of priority, that the Secretaries propose
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for acquisition or exchange using funds provided under this
heading: Provided further, That in determining the order
of priority, the Secretaries shall consider with respect to
each property the following: The natural resources located
on the property; the degree to which a natural resource on
the property is threatened; the length of time required to
consummate the acquisition or exchange; the extent to which
an increase in the cost of the property makes timely comple-
tion of the acquisition or exchange advisable; the extent of
public support for the acquisition or exchange (including
support of local governments and members of the public);
the total estimated costs associated with the acquisition or
exchange, including the costs of managing the lands to be
acquired; the extent of current Federal ownership of prop-
erty in the region; and such other factors as the Secretaries
consider appropriate, which factors shall be described in the
report in detail: Provided further, That the report shall de-
scribe the relative weight accorded to each such factor in
determining the priority of acquisitions and exchanges:
Provided further, That none of the funds appropriated
under this heading shall be available until the House Com-
mittee on Appropriations and the Senate Committee on Ap-
propriations approve, in writing, a project list to be sub-
mitted by the Secretary: Provided further, That none of the
funds appropriated under this heading shall be available
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for the acquisition of lands and interests in lands to carry
out the Agreement of August 12, 1996, to acquire interests
to protect and preserve Yellowstone National Park, or for
the acquisition of lands and interest in lands identified in
the September 28, 1996, Headwaters Forest Agreement until
enactment of legislation specifically authorizing such ex-
penditure: Provided further, 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 ex-
pended until the full purchase amount has been appro-
priated by the Congress: Provided further, That of the funds
provided herein, $8,500,000 is available for acquisition of
the Sterling Forest: Provided further, That the National
Park Service may use not to exceed $2,500,000 annually
of the amounts provided herein for the state assistance pro-
gram to administer the state assistance program.
Ω164æTITLE VI—FOREST RESOURCES
CONSERVATION AND SHORTAGE RELIEF
SEC. 601. SHORT TITLE.—This Act may be cited as
the ‘‘Forest Resources Conservation and Shortage Relief Act
of 1997’’.
SEC. 602. (a) USE OF UNPROCESSED TIMBER—LIMI-
TATION
ON SUBSTITUTION
OF UNPROCESSED FEDERAL
TIMBER
FOR
UNPROCESSED
TIMBER
FROM
PRIVATE
LAND.—Section 490 of the Forest Resources Conservation
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and Shortage Relief Act of 1990 (16 U.S.C. 620b) is amend-
ed—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘para-
graph (3) and’’ after ‘‘provided in’’; and
(B) by adding at the end the following:
‘‘(3) APPLICABILITY.—In the case of the pur-
chase by a person of unprocessed timber originating
from Federal lands west of the 119th meridian in the
State of Washington, this paragraph shall apply only
if—
‘‘(A) the private lands referred to in para-
graph (1) are owned by the person; or
‘‘(B) the person has the exclusive right to
harvest timber from the private lands described
in paragraph (1) during a period of more than
7 years, and may exercise that right at any time
of the person’s choosing.’’;
(2) in subsection (c)—
(A) in the subsection heading, by striking
‘‘APPROVAL OF’’;
(B) in paragraph (2)—
(i) in the paragraph heading, by in-
serting ‘‘FOR SOURCING AREAS FOR PROC-
ESSING FACILITIES LOCATED OUTSIDE THE
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NORTHWESTERN
PRIVATE
TIMBER
OPEN
MARKET AREA’’; after ‘‘APPLICATION’’; and
(ii) in subparagraph (A), by inserting
‘‘(except private land located in the north-
western private timber open market area)’’
after ‘‘lands’’;
(C) in paragraph (3)—
(i) in the paragraph heading, by in-
serting ‘‘FOR SOURCING AREAS FOR PROC-
ESSING
FACILITIES
LOCATED
OUTSIDE
OF
THE
NORTHWESTERN
PRIVATE
TIMBER
OPEN
MARKET
AREA.—(A) IN
GENERAL’’;
after ‘‘APPROVAL’’; and
(ii) by striking the last sentence of
paragraph (3) and adding at the end the
following:
‘‘(B) FOR TIMBER MANUFACTURING FACILI-
TIES LOCATED IN IDAHO.—Except as provided in
subparagraph (D), in making a determination
referred to in subparagraph (A), the Secretary
concerned shall consider the private timber ex-
port and the private and Federal timber
sourcing patterns for the applicant’s timber
manufacturing facilities, as well as the private
and Federal timber sourcing patterns for the
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timber manufacturing facilities of other persons
in the same local vicinity of the applicant, and
the relative similarity of such private and Fed-
eral timber sourcing patterns.
‘‘(C) FOR TIMBER MANUFACTURING FACILI-
TIES LOCATED IN STATES OTHER THAN IDAHO.—
Except as provided in subparagraph (D), in
making the determination referred to in sub-
paragraph (A), the Secretary concerned shall
consider the private timber export and the Fed-
eral timber sourcing patterns for the applicant’s
timber manufacturing facilities, as well as the
Federal timber sourcing patterns for the timber
manufacturing facilities of other persons in the
same local vicinity of the applicant, and the rel-
ative similarity of such Federal timber sourcing
patterns. Private timber sourcing patterns shall
not be a factor in such determinations in States
other than Idaho.
‘‘(D) AREA
NOT
INCLUDED.—In deciding
whether to approve or disapprove an applica-
tion, the Secretary shall not—
‘‘(i) consider land located in the north-
western private timber open market area; or
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‘‘(ii) condition approval of the appli-
cation on the inclusion of any such land in
the applicant’s sourcing area, such land
being includable in the sourcing area only
to the extent requested by the applicant.’’;
(D) in paragraph (4), in the paragraph
heading, by inserting ‘‘for sourcing areas for
processing facilities located outside the north-
western private timber open market area’’; after
‘‘application’’;
(E) in paragraph (5), in the paragraph
heading, by inserting ‘‘for sourcing areas for
processing facilities located outside the north-
western private timber open market area’’; after
‘‘Determinations’’; and
(F) by adding at the end the following:
‘‘(6) SOURCING AREAS FOR PROCESSING FACILI-
TIES LOCATED IN THE NORTHWESTERN PRIVATE TIM-
BER OPEN MARKET AREA—
‘‘(A) ESTABLISHMENT.— In the northwest-
ern private timber open market area—
‘‘(i) a sourcing area boundary shall be
a circle around the processing facility of the
sourcing area applicant or holder;
‘‘(ii) the radius of the circle—
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‘‘(I) shall be the furthest distance
that the sourcing area applicant or
holder proposes to haul Federal timber
for processing at the processing facil-
ity; and
‘‘(II) shall be determined solely by
the sourcing area applicant or holder;
‘‘(iii) a sourcing area shall become ef-
fective on written notice to the Regional
Forester for Region 6 of the Forest Service
of the location of the boundary of the
sourcing area;
‘‘(iv) the 24-month requirement in
paragraph (1)(A) shall not apply;
‘‘(v) a sourcing area holder—
‘‘(I) may adjust the radius of the
sourcing area not more frequently than
once every 24 months; and
‘‘(II) shall provide written notice
to the Regional Forester for Region 6
of 
the 
adjusted 
boundary 
of 
its
sourcing area before using the adjusted
sourcing area; and
‘‘(vi) a sourcing area holder that relin-
quishes a sourcing area may not reestablish
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a sourcing area for that processing facility
before the date that is 24 months after the
date on which the sourcing area was relin-
quished.
‘‘(B) TRANSITION.—With respect to a por-
tion of a sourcing area established before the date
of enactment of this paragraph that contains
Federal timber under contract before that date
and is outside the boundary of a new sourcing
area established under subparagraph (A)—
‘‘(i) that portion shall continue to be a
sourcing area only until unprocessed Fed-
eral timber from the portion is no longer in
the possession of the sourcing area holder;
and
‘‘(ii) unprocessed timber from private
land in that portion shall be exportable im-
mediately after unprocessed timber from
Federal land in the portion is no longer in
the possession of the sourcing area holder.
‘‘(7) RELINQUISHMENT
AND
TERMINATION
OF
SOURCING AREAS.—
‘‘(A) IN GENERAL.—A sourcing area may be
relinquished at any time.
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‘‘(B) EFFECTIVE DATE.—A relinquishment
of a sourcing area shall be effective as of the date
on which written notice is provided by the
sourcing area holder to the Regional Forester
with jurisdiction over the sourcing area where
the processing facility of the holder is located.
‘‘(C) EXPORTABILITY.—
‘‘(i) IN GENERAL.—On relinquishment
or termination of a sourcing area, unproc-
essed timber from private land within the
former boundary of the relinquished or ter-
minated sourcing area is exportable imme-
diately after unprocessed timber from Fed-
eral land from within that area is no longer
in the possession of the former sourcing area
holder.
‘‘(ii) 
NO
RESTRICTION.—The 
ex-
portability of unprocessed timber from pri-
vate land located outside of a sourcing area
shall not be restricted or in any way af-
fected by relinquishment or termination of a
sourcing area.’’; and
(3) by adding at the end the following:
‘‘(d) DOMESTIC TRANSPORTATION AND PROCESSING
OF PRIVATE TIMBER.—Nothing in this section restricts or
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authorizes any restriction on the domestic transportation
or processing of timber harvested from private land, except
that the Secretary may prohibit processing facilities located
in the State of Idaho that have sourcing areas from process-
ing timber harvested from private land outside of the
boundaries of those sourcing areas.’’.
(b) RESTRICTION ON EXPORTS OF UNPROCESSED TIM-
BER FROM STATE AND PUBLIC LAND.—Section 491(b)(2)
of the Forest Resources Conservation and Shortage Relief
Act of 1990 (16 U.S.C. 620c(b)(2)) is amended—
(1) by striking ‘‘the following’’ and all that fol-
lows through ‘‘(A) The Secretary’’ and inserting ‘‘the
Secretary’’;
(2) by striking ‘‘during the period beginning on
June 1, 1993, and ending on December 31, 1995’’ and
inserting ‘‘as of the date of enactment of the Forest
Resources Conservation and Shortage Relief Act of
1997’’; and
(3) by striking subparagraph (B).
SEC. 603. MONITORING AND ENFORCEMENT.—Section
492 of the Forest Resources Conservation and Shortage Re-
lief Act of 1990 (16 U.S.C. 620d) is amended—
(1) in subsection (c)(2), by adding at the end the
following:
‘‘(C) MITIGATION OF PENALTIES.—
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‘‘(i) IN GENERAL.—The Secretary con-
cerned—
‘‘(I) in determining the applica-
bility of any penalty imposed under
this paragraph, shall take into account
all relevant mitigating factors, includ-
ing mistake, inadvertence, and error;
and
‘‘(II) based on any mitigating
factor, may, with respect to any pen-
alty imposed under this paragraph—
‘‘(aa) reduce the penalty;
‘‘(bb) not impose the penalty;
or
‘‘(cc) on condition of there
being no further violation under
this paragraph for a prescribed
period, suspend imposition of the
penalty.
‘‘(ii) CONTRACTUAL
REMEDIES.—In
the case of a minor violation of this title
(including a regulation), the Secretary con-
cerned shall, to the maximum extent prac-
ticable, permit a contracting officer to re-
dress the violation in accordance with the
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applicable timber sale contract rather than
assess a penalty under this paragraph.’’;
and
(2) in subsection (d)(1)—
(A) by striking ‘‘The head’’ and inserting
the following:
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the head’’; and
(B) by adding at the end the following:
‘‘(B) PREREQUISITES FOR DEBARMENT.—
‘‘(i) IN GENERAL.—No person may be
debarred from bidding for or entering into
a contract for the purchase of unprocessed
timber from Federal lands under subpara-
graph (A) unless the head of the appro-
priate Federal department or agency first
finds, on the record and after an oppor-
tunity for a hearing, that debarment is
warranted.
‘‘(ii) WITHHOLDING OF AWARDS DUR-
ING DEBARMENT PROCEEDINGS.—The head
of an appropriate Federal department or
agency may withhold an award under this
title of a contract for the purchase of un-
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processed timber from Federal lands during
a debarment proceeding.’’.
SEC. 604. DEFINITIONS.—Section 493 of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620e) is amended—
(1) by redesignating paragraphs (3) through (8)
as paragraphs (5) through (10), respectively;
(2) by inserting after paragraph (2) the follow-
ing:
‘‘(3) MINOR VIOLATION.—The term ‘minor viola-
tion’ means a violation, other than an intentional
violation, involving a single contract, purchase order,
processing facility, or log yard involving a quantity
of logs that is less than 25 logs and has a total value
(at the time of the violation) of less than $10,000.
‘‘(4) NORTHWESTERN
PRIVATE
TIMBER
OPEN
MARKET AREA.—The term ‘northwestern private tim-
ber open market area’ means the State of Washing-
ton.’’;
(3) in subparagraph (B)(ix) of paragraph (9)
(as redesignated by paragraph (1))—
(A) by striking ‘‘Pulp logs or cull logs’’ and
inserting ‘‘Pulp logs, cull logs, and incidental
volumes of grade 3 and 4 sawlogs’’;
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‘‘(1) AGRICULTURE
AND
INTERIOR.—The Sec-
retaries’’;
(2) by striking ‘‘The Secretary of Commerce’’
and inserting the following:
‘‘(2) COMMERCE.—The Secretary of Commerce’’;
and
(3) by striking the last sentence and inserting
the following:
‘‘(3) DEADLINE.—
‘‘(A) IN
GENERAL.—Except as otherwise
provided in this title, regulations and guidelines
required under this subsection shall be issued not
later than June 1, 1998.
‘‘(B) INTERIM
REGULATIONS
AND
GUIDE-
LINES.—The regulations and guidelines issued
under this title that were in effect on the date of
enactment of this paragraph shall remain in ef-
fect until new regulations and guidelines are is-
sued under subparagraph (A).
‘‘(4) PAINTING AND BRANDING.—
‘‘(A) IN
GENERAL.—The Secretary con-
cerned shall issue regulations that impose rea-
sonable painting, branding, or other forms of
marking or tracking requirements on unproc-
essed timber if—
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‘‘(i) the benefits of the requirements
outweigh the cost of complying with the re-
quirements; and
‘‘(ii) the Secretary determines that,
without the requirements, it is likely that
the unprocessed timber—
‘‘(I) would be exported in viola-
tion of this title; or
‘‘(II) if the unprocessed timber
originated from Federal lands, would
be substituted for unprocessed timber
originating from private lands west of
the 100th Meridian in the contiguous
48 States in violation of this title.
‘‘(B) MINIMUM SIZE.—The Secretary con-
cerned shall not impose painting, branding, or
other forms of marking or tracking requirements
on—
‘‘(i) the face of a log that is less than
7 inches in diameter; or
‘‘(ii) unprocessed timber that is less
than 8 feet in length or less than 1⁄3 sound
wood.
‘‘(C) WAIVERS.—
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‘‘(i) IN GENERAL.—The Secretary con-
cerned may waive log painting and brand-
ing requirements—
‘‘(I) for a geographic area, if the
Secretary determines that the risk of
the unprocessed timber being exported
from the area or used in substitution is
low;
‘‘(II) with respect to unprocessed
timber originating from private lands
located within an approved sourcing
area for a person who certifies that the
timber will be processed at a specific
domestic processing facility to the ex-
tent that the processing does occur; or
‘‘(III) as part of a log yard agree-
ment that is consistent with the pur-
poses of the export and substitution re-
strictions imposed under this title.
‘‘(ii) REVIEW
AND
TERMINATION
OF
WAIVERS.—A waiver granted under clause
(i)—
‘‘(I) shall, to the maximum extent
practicable, be reviewed once a year;
and
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HR 2107 PP
‘‘(II) shall remain effective until
terminated by the Secretary.
‘‘(D) FACTORS.—In making a determina-
tion under this paragraph, the Secretary con-
cerned shall consider—
‘‘(i) the risk of unprocessed timber of
that species, grade, and size being exported
or used in substitution;
‘‘(ii) the location of the unprocessed
timber and the effect of the location on its
being exported or used in substitution;
‘‘(iii) the history of the person involved
with respect to compliance with log paint-
ing and branding requirements; and
‘‘(iv) any other factor that is relevant
to determining the likelihood of the unproc-
essed timber being exported or used in sub-
stitution.
‘‘(5) REPORTING.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary concerned shall issue
regulations that impose reasonable documenta-
tion and reporting requirements if the benefits of
the requirements outweigh the cost of complying
with the requirements.