H. R. 1977—16
assistance account established for the benefit of such tribe within
the tribe’s trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September
30, 1997: Provided further, That notwithstanding any other provi-
sion of law, no funds available to the Bureau of Indian Affairs,
other than the amounts provided herein for assistance to public
schools under the Act of April 16, 1934 (48 Stat. 596), as amended
(25 U.S.C. 452 et seq.), shall be available to support the operation
of any elementary or secondary school in the State of Alaska in
fiscal year 1996: Provided further, That funds made available in
this or any other Act for expenditure through September 30, 1997
for schools funded by the Bureau of Indian Affairs shall be available
only to the schools which are in the Bureau of Indian Affairs
school system as of September 1, 1995: Provided further, That
no funds available to the Bureau of Indian Affairs shall be used
to support expanded grades for any school beyond the grade struc-
ture in place at each school in the Bureau of Indian Affairs school
system as of October 1, 1995: Provided further, That notwithstand-
ing the provisions of 25 U.S.C. 2011(h)(1)(B) and (c), upon the
recommendation of a local school board for a Bureau of Indian
Affairs operated school, the Secretary shall establish rates of basic
compensation or annual salary rates for the positions of teachers
and counselors (including dormitory and homeliving counselors)
at the school at a level not less than that for comparable positions
in public school districts in the same geographic area, to become
effective on July 1, 1997: Provided further, That of the funds avail-
able only through September 30, 1995, not to exceed $8,000,000
in unobligated and unexpended balances in the Operation of Indian
Programs account shall be merged with and made a part of the
fiscal year 1996 Operation of Indian Programs appropriation, and
shall remain available for obligation for employee severance, reloca-
tion, and related expenses, until March 31, 1996.
CONSTRUCTION
For construction, major repair, and improvement of irrigation
and power systems, buildings, utilities, and other facilities, includ-
ing architectural and engineering services by contract; acquisition
of lands and interests in lands; and preparation of lands for farming,
$100,833,000, to remain available until expended: Provided, That
such amounts as may be available for the construction of the
Navajo Indian Irrigation Project and for other water resource devel-
opment activities related to the Southern Arizona Water Rights
Settlement Act may be transferred to the Bureau of Reclamation:
Provided further, That not to exceed 6 per centum of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program
management costs of the Bureau of Indian Affairs: Provided further,
That any funds provided for the Safety of Dams program pursuant
to 25 U.S.C. 13 shall be made available on a non-reimbursable
basis: Provided further, That for the fiscal year ending September
30, 1996, in implementing new construction or facilities improve-
ment and repair project grants in excess of $100,000 that are
provided to tribally controlled grant schools under Public Law 100–
297, as amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be sub-
H. R. 1977—17
ject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required
by 25 U.S.C. 2005(a), with respect to organizational and financial
management capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That any disputes
between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $80,645,000, to remain
available until expended; of which $78,600,000 shall be available
for implementation of enacted Indian land and water claim settle-
ments pursuant to Public Laws 87–483, 97–293, 101–618, 102–
374, 102–441, 102–575, and 103–116, and for implementation of
other enacted water rights settlements, including not to exceed
$8,000,000, which shall be for the Federal share of the Catawba
Indian Tribe of South Carolina Claims Settlement, as authorized
by section 5(a) of Public Law 103–116; and of which $1,045,000
shall be available pursuant to Public Laws 98–500, 99–264, and
100–580; and of which $1,000,000 shall be available (1) to liquidate
obligations owed tribal and individual Indian payees of any checks
canceled pursuant to section 1003 of the Competitive Equality Bank-
ing Act of 1987 (Public Law 100–86 (101 Stat. 659)), 31 U.S.C.
3334(b), (2) to restore to Individual Indian Monies trust funds,
Indian Irrigation Systems, and Indian Power Systems accounts
amounts invested in credit unions or defaulted savings and loan
associations and which were not Federally insured, and (3) to
reimburse Indian trust fund account holders for losses to their
respective accounts where the claim for said loss(es) has been
reduced to a judgment or settlement agreement approved by the
Department of Justice.
TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance requests
associated with loans and grants approved under the Indian Financ-
ing Act of 1974, as amended, $500,000.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $35,914,000.
In addition, for administrative expenses necessary to carry
out the guaranteed loan program, $500,000.
H. R. 1977—18
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs shall be avail-
able for expenses of exhibits, and purchase of not to exceed 275
passenger carrying motor vehicles, of which not to exceed 215
shall be for replacement only.
TERRITORIAL AND INTERNATIONAL AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $65,188,000, of which
(1) $61,661,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C. 1661(c)); grants
to the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law;
and grants to the Government of the Northern Mariana Islands
as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)
$3,527,000 shall be available for salaries and expenses of the Office
of Insular Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, including
such transactions of all agencies or instrumentalities established
or utilized by such governments, may be audited by the General
Accounting Office, at its discretion, in accordance with chapter
35 of title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided accord-
ing to those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99–396, or any subsequent
legislation related to Commonwealth of the Northern Mariana
Islands Covenant grant funding: Provided further, That of the
amounts provided for technical assistance, sufficient funding shall
be made available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and mainte-
nance improvement are appropriated to institutionalize routine
operations and maintenance of capital infrastructure in American
Samoa, Guam, the Virgin Islands, the Commonwealth of the North-
ern Mariana Islands, the Republic of Palau, the Republic of the
Marshall Islands, and the Federated States of Micronesia through
assessments of long-range operations and maintenance needs,
improved capability of local operations and maintenance institutions
and agencies (including management and vocational education
training), and project-specific maintenance (with territorial partici-
pation and cost sharing to be determined by the Secretary based
on the individual territory’s commitment to timely maintenance
of its capital assets): Provided further, That any appropriation for
disaster assistance under this head in this Act or previous appro-
priations Acts may be used as non-Federal matching funds for
the purpose of hazard mitigation grants provided pursuant to sec-
tion 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
H. R. 1977—19
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the Fed-
erated States of Micronesia and the Republic of the Marshall Islands
as provided for in sections 122, 221, 223, 232, and 233 of the
Compacts of Free Association, and for economic assistance and
necessary expenses for the Republic of Palau as provided for in
sections 122, 221, 223, 232, and 233 of the Compact of Free Associa-
tion, $24,938,000, to remain available until expended, as authorized
by Public Law 99–239 and Public Law 99–658: Provided, That
notwithstanding section 112 of Public Law 101–219 (103 Stat. 1873),
the Secretary of the Interior may agree to technical changes in
the specifications for the project described in the subsidiary agree-
ment negotiated under section 212(a) of the Compact of Free
Association, Public Law 99–658, or its annex, if the changes do
not result in increased costs to the United States.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Department
of the Interior, $57,796,000, of which not to exceed $7,500 may
be for official reception and representation expenses.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$34,608,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$23,939,000.
CONSTRUCTION MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Construction Manage-
ment, $500,000.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gaming Commis-
sion, pursuant to Public Law 100–497, $1,000,000: Provided, That
on March 1, 1996, the Chairman shall submit to the Secretary
a report detailing those Indian tribes or tribal organizations with
gaming operations that are in full compliance, partial compliance,
or non-compliance with the provisions of the Indian Gaming Regu-
latory Act (25 U.S.C. 2701, et seq.): Provided further, That the
H. R. 1977—20
information contained in the report shall be updated on a continuing
basis.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct expendi-
ture, contracts, cooperative agreements, compacts, and grants,
$16,338,000, of which $15,891,000 shall remain available until
expended for trust funds management: Provided, That funds made
available to tribes and tribal organizations through contracts or
grants obligated during fiscal year 1996, as authorized by the
Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C.
450 et seq.), shall remain available until expended by the contractor
or grantee: Provided further, That notwithstanding any other provi-
sion of law, the statute of limitations shall not commence to run
on any claim, including any claim in litigation pending on the
date of this Act, concerning losses to or mismanagement of trust
funds, until the affected tribe or individual Indian has been fur-
nished with the accounting of such funds from which the beneficiary
can determine whether there has been a loss: Provided further,
That obligated and unobligated balances provided for trust funds
management within ‘‘Operation of Indian programs’’, Bureau of
Indian Affairs are hereby transferred to and merged with this
appropriation.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That notwithstanding any other provision of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated funds
in ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office
of Inspector General’’ may be augmented through the Working
Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be ‘‘emergency
requirements’’ pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985 and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
H. R. 1977—21
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of forest
or range fires on or threatening lands under the jurisdiction of
the Department of the Interior; for the emergency rehabilitation
of burned-over lands under its jurisdiction; for emergency actions
related to potential or actual earthquakes, floods, volcanoes, storms,
or other unavoidable causes; for contingency planning subsequent
to actual oilspills; response and natural resource damage assess-
ment activities related to actual oilspills; for the prevention,
suppression, and control of actual or potential grasshopper and
Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 1773(b) of Public
Law 99–198 (99 Stat. 1658); for emergency reclamation projects
under section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Mining Reclama-
tion and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for fire
suppression purposes shall be available for the payment of obliga-
tions incurred during the preceding fiscal year, and for reimburse-
ment to other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for fire suppression
purposes, such reimbursement to be credited to appropriations cur-
rently available at the time of receipt thereof: Provided further,
That for emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority until
funds appropriated to the ‘‘Emergency Department of the Interior
Firefighting Fund’’ shall have been exhausted: Provided further,
That all funds used pursuant to this section are hereby designated
by Congress to be ‘‘emergency requirements’’ pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and must be replenished by a supplemental appropria-
tion which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse,
on a pro rata basis, accounts from which emergency funds were
transferred.
SEC. 103. Appropriations made in this title shall be available
for operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized
by sections 1535 and 1536 of title 31, United States Code: Provided,
That reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the appropriation
current at the time such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members
H. R. 1977—22
only or at a price to members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901–5902
and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be available
for obligation in connection with contracts issued for services or
rentals for periods not in excess of twelve months beginning at
any time during the fiscal year.
SEC. 107. Appropriations made in this title from the Land
and Water Conservation Fund for acquisition of lands and waters,
or interests therein, shall be available for transfer, with the
approval of the Secretary, between the following accounts: Bureau
of Land Management, Land acquisition, United States Fish and
Wildlife Service, Land acquisition, and National Park Service, Land
acquisition and State assistance. Use of such funds are subject
to the reprogramming guidelines of the House and Senate Commit-
tees on Appropriations.
SEC. 108. Prior to the transfer of Presidio properties to the
Presidio Trust, when authorized, the Secretary may not obligate
in any calendar month more than 1⁄12 of the fiscal year 1996
appropriation for operation of the Presidio: Provided, That this
section shall expire on December 31, 1995.
SEC. 109. Section 6003 of Public Law 101–380 is hereby
repealed.
SEC. 110. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the Secretary
of the Interior for developing, promulgating, and thereafter
implementing a rule concerning rights-of-way under section 2477
of the Revised Statutes.
SEC. 111. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore leasing
and related activities placed under restriction in the President’s
moratorium statement of June 26, 1990, in the areas of Northern,
Central, and Southern California; the North Atlantic; Washington
and Oregon; and the Eastern Gulf of Mexico south of 26 degrees
north latitude and east of 86 degrees west longitude.
SEC. 112. No funds provided in this title may be expended
by the Department of the Interior for the conduct of leasing, or
the approval or permitting of any drilling or other exploration
activity, on lands within the North Aleutian Basin planning area.
SEC. 113. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Eastern Gulf of Mexico for Outer
Continental Shelf Lease Sale 151 in the Outer Continental Shelf
Natural Gas and Oil Resource Management Comprehensive Pro-
gram, 1992–1997.
SEC. 114. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Atlantic for Outer Continental Shelf
Lease Sale 164 in the Outer Continental Shelf Natural Gas and
Oil Resource Management Comprehensive Program, 1992–1997.
SEC. 115. (a) Of the funds appropriated by this Act or any
subsequent Act providing for appropriations in fiscal years 1996
and 1997, not more than 50 percent of any self-governance funds
that would otherwise be allocated to each Indian tribe in the State
H. R. 1977—23
of Washington shall actually be paid to or on account of such
Indian tribe from and after the time at which such tribe shall—
(1) take unilateral action that adversely impacts the exist-
ing rights to and/or customary uses of, nontribal member own-
ers of fee simple land within the exterior boundary of the
tribe’s reservation to water, electricity, or any other similar
utility or necessity for the nontribal members’ residential use
of such land; or
(2) restrict or threaten to restrict said owners use of or
access to publicly maintained rights-of-way necessary or desir-
able in carrying the utilities or necessities described above.
(b) Such penalty shall not attach to the initiation of any legal
actions with respect to such rights or the enforcement of any final
judgments, appeals from which have been exhausted, with respect
thereto.
SEC. 116. Within 30 days after the enactment of this Act,
the Department of the Interior shall issue a specific schedule for
the completion of the Lake Cushman Land Exchange Act (Public
Law 102–436) and shall complete the exchange not later than
September 30, 1996.
SEC. 117. Notwithstanding Public Law 90–544, as amended,
the National Park Service is authorized to expend appropriated
funds for maintenance and repair of the Company Creek Road
in the Lake Chelan National Recreation Area: Provided, That appro-
priated funds shall not be expended for the purpose of improving
the property of private individuals unless specifically authorized
by law.
SEC. 118. Section 4(b) of Public Law 94–241 (90 Stat. 263)
as added by section 10 of Public Law 99–396 is amended by deleting
‘‘until Congress otherwise provides by law.’’ and inserting in lieu
thereof: ‘‘except that, for fiscal years 1996 through 2002, payments
to the Commonwealth of the Northern Mariana Islands pursuant
to the multi-year funding agreements contemplated under the Cov-
enant shall be $11,000,000 annually, subject to an equal local
match and all other requirements set forth in the Agreement of
the Special Representatives on Future Federal Financial Assistance
of the Northern Mariana Islands, executed on December 17, 1992
between the special representative of the President of the United
States and special representatives of the Governor of the Northern
Mariana Islands with any additional amounts otherwise made avail-
able under this section in any fiscal year and not required to
meet the schedule of payments in this subsection to be provided
as set forth in subsection (c) until Congress otherwise provides
by law.
‘‘(c) The additional amounts referred to in subsection (b) shall
be made available to the Secretary for obligation as follows:
‘‘(1) for fiscal years 1996 through 2001, $4,580,000 annually
for capital infrastructure projects as Impact Aid for Guam
under section 104(c)(6) of Public Law 99–239;
‘‘(2) for fiscal year 1996, $7,700,000 shall be provided for
capital infrastructure projects in American Samoa; $4,420,000
for resettlement of Rongelap Atoll; and
‘‘(3) for fiscal years 1997 and thereafter, all such amounts
shall be available solely for capital infrastructure projects in
Guam, the Virgin Islands, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Republic of Palau, the
H. R. 1977—24
Federated States of Micronesia and the Republic of the Mar-
shall Islands: Provided, That, in fiscal year 1997, $3,000,000
of such amounts shall be made available to the College of
the Northern Marianas and beginning in fiscal year 1997, and
in each year thereafter, not to exceed $3,000,000 may be allo-
cated, as provided in appropriations Acts, to the Secretary
of the Interior for use by Federal agencies or the Common-
wealth of the Northern Mariana Islands to address immigra-
tion, labor, and law enforcement issues in the Northern Mari-
ana Islands. The specific projects to be funded in American
Samoa shall be set forth in a five-year plan for infrastructure
assistance developed by the Secretary of the Interior in con-
sultation with the American Samoa Government and updated
annually and submitted to the Congress concurrent with the
budget justifications for the Department of the Interior. In
developing budget recommendations for capital infrastructure
funding, the Secretary shall indicate the highest priority
projects, consider the extent to which particular projects are
part of an overall master plan, whether such project has been
reviewed by the Corps of Engineers and any recommendations
made as a result of such review, the extent to which a set-
aside for maintenance would enhance the life of the project,
the degree to which a local cost-share requirement would be
consistent with local economic and fiscal capabilities, and may
propose an incremental set-aside, not to exceed $2,000,000 per
year, to remain available without fiscal year limitation, as
an emergency fund in the event of natural or other disasters
to supplement other assistance in the repair, replacement, or
hardening of essential facilities: Provided further, That the
cumulative amount set aside for such emergency fund may
not exceed $10,000,000 at any time.
‘‘(d) Within the amounts allocated for infrastructure pursuant
to this section, and subject to the specific allocations made in
subsection (c), additional contributions may be made, as set forth
in appropriations Acts, to assist in the resettlement of Rongelap
Atoll: Provided, That the total of all contributions from any Federal
source after enactment of this Act may not exceed $32,000,000
and shall be contingent upon an agreement, satisfactory to the
President, that such contributions are a full and final settlement
of all obligations of the United States to assist in the resettlement
of Rongelop Atoll and that such funds will be expended solely
on resettlement activities and will be properly audited and
accounted for. In order to provide such contributions in a timely
manner, each Federal agency providing assistance or services, or
conducting activities, in the Republic of the Marshall Islands, is
authorized to make funds available through the Secretary of the
Interior, to assist in the resettlement of Rongelap. Nothing in
this subsection shall be construed to limit the provision of ex
gratia assistance pursuant to section 105(c)(2) of the Compact of
Free Association Act of 1985 (Public Law 99–239, 99 Stat. 1770,
1792) including for individuals choosing not to resettle at Rongelap,
except that no such assistance for such individuals may be provided
until the Secretary notifies the Congress that the full amount
of all funds necessary for resettlement at Rongelap has been pro-
vided.’’.
H. R. 1977—25
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST RESEARCH
For necessary expenses of forest research as authorized by
law, $178,000,000, to remain available until September 30, 1997.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and providing tech-
nical and financial assistance to States, Territories, possessions,
and others and for forest pest management activities, cooperative
forestry 
and 
education 
and 
land 
conservation 
activities,
$136,794,000, to remain available until expended, as authorized
by law.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, for ecosystem planning, inven-
tory, and monitoring, and for administrative expenses associated
with the management of funds provided under the heads ‘‘Forest
Research’’, ‘‘State and Private Forestry’’, ‘‘National Forest System’’,
‘‘Construction’’, ‘‘Fire Protection and Emergency Suppression’’, and
‘‘Land Acquisition’’, $1,256,253,000, to remain available for obliga-
tion until September 30, 1997, and including 65 per centum of
all monies received during the prior fiscal year as fees collected
under the Land and Water Conservation Fund Act of 1965, as
amended, in accordance with section 4 of the Act (16 U.S.C. 460l–
6a(i)): Provided, That unobligated and unexpended balances in the
National Forest System account at the end of fiscal year 1995,
shall be merged with and made a part of the fiscal year 1996
National Forest System appropriation, and shall remain available
for obligation until September 30, 1997: Provided further, That
up to $5,000,000 of the funds provided herein for road maintenance
shall be available for the planned obliteration of roads which are
no longer needed.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to National Forest System lands or other lands
under fire protection agreement, and for emergency rehabilitation
of burned over National Forest System lands, $385,485,000, to
remain available until expended: Provided, That unexpended bal-
ances of amounts previously appropriated under any other headings
for Forest Service fire activities may be transferred to and merged
with this appropriation: Provided further, That such funds are
available for repayment of advances from other appropriations
accounts previously transferred for such purposes.
H. R. 1977—26
CONSTRUCTION
For necessary expenses of the Forest Service, not otherwise
provided for, $163,500,000, to remain available until expended,
for construction and acquisition of buildings and other facilities,
and for construction and repair of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C.
101 and 205: Provided, That funds becoming available in fiscal
year 1996 under the Act of March 4, 1913 (16 U.S.C. 501) shall
be transferred to the General Fund of the Treasury of the United
States: Provided further, That not to exceed $50,000,000, to remain
available until expended, may be obligated for the construction
of forest roads by timber purchasers: Provided further, That
$2,500,000 of the funds appropriated herein shall be available for
a grant to the ‘‘Non-Profit Citizens for the Columbia Gorge Discov-
ery Center’’ for the construction of the Columbia Gorge Discovery
Center: Provided further, That the Forest Service is authorized
to grant the unobligated balance of funds appropriated in fiscal
year 1995 for the construction of the Columbia Gorge Discovery
Center to the ‘‘Non-Profit Citizens for the Columbia Gorge Discovery
Center’’ to be used for the same purpose: Provided further, That
the Forest Service is authorized to convey the land needed for
the construction of the Columbia Gorge Discovery Center without
cost to the ‘‘Non-Profit Citizens for the Columbia Gorge Discovery
Center’’: Provided further, That notwithstanding any other provision
of law, funds originally appropriated under this head in Public
Law 101–512 for the Forest Service share of a new research facility
at the University of Missouri, Columbia, shall be available for
a grant to the University of Missouri, as the Federal share in
the construction of the new facility: Provided further, That agreed
upon lease of space in the new facility shall be provided to the
Forest Service without charge for the life of the building.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4–11), including administrative expenses, and for acquisition
of land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $41,200,000, to be derived
from the Land and Water Conservation Fund, to remain available
until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,069,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, to be derived from funds deposited
by State, county, or municipal governments, public school districts,
or other public school authorities pursuant to the Act of December
4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
H. R. 1977—27
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 per centum of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on lands
in National Forests in the sixteen Western States, pursuant to
section 401(b)(1) of Public Law 94–579, as amended, to remain
available until expended, of which not to exceed 6 per centum
shall be available for administrative expenses associated with on-
the-ground range rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund estab-
lished pursuant to the above Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 183 passenger
motor vehicles of which 32 will be used primarily for law enforce-
ment purposes and of which 151 shall be for replacement; acquisi-
tion of 22 passenger motor vehicles from excess sources, and hire
of such vehicles; operation and maintenance of aircraft, the purchase
of not to exceed two for replacement only, and acquisition of 20
aircraft from excess sources; notwithstanding other provisions of
law, existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price for
the replacement aircraft; (b) services pursuant to the second sen-
tence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $100,000 for employment under 5 U.S.C. 3109;
(c) purchase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (d) acquisition of land, waters, and
interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); (e) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and (f)
for debt collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to change the boundaries of any region,
to abolish any region, to move or close any regional office for
research, State and private forestry, or National Forest System
administration of the Forest Service, Department of Agriculture,
or to implement any reorganization, ‘‘reinvention’’ or other type
of organizational restructuring of the Forest Service, other than
the relocation of the Regional Office for Region 5 of the Forest
Service from San Francisco to excess military property at Mare
Island, Vallejo, California, without the consent of the House and
Senate Committees on Appropriations and the Committee on Agri-
culture, Nutrition, and Forestry and the Committee on Energy
and Natural Resources in the United States Senate and the
Committee on Agriculture and the Committee on Resources in
the United States House of Representatives.
Any appropriations or funds available to the Forest Service
may be advanced to the Fire and Emergency Suppression appropria-
tion and may be used for forest firefighting and the emergency
rehabilitation of burned-over lands under its jurisdiction: Provided,
H. R. 1977—28
That no funds shall be made available under this authority until
funds appropriated to the ‘‘Emergency Forest Service Firefighting
Fund’’ shall have been exhausted.
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the relocation:
Provided, That funds for the move must come from funds otherwise
available to Region 5: Provided further, That any funds to be
provided for such purposes shall only be available upon approval
of the House and Senate Committees on Appropriations.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment and the Foreign Agricultural Service in connection with forest
and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is
approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in House Report 103–551.
No funds appropriated to the Forest Service shall be transferred
to the Working Capital Fund of the Department of Agriculture
without the approval of the Chief of the Forest Service.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service may be used to disseminate
program information to private and public individuals and organiza-
tions through the use of nonmonetary items of nominal value and
to provide nonmonetary awards of nominal value and to incur
necessary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to Forest
Service programs.
Notwithstanding any other provision of law, money collected,
in advance or otherwise, by the Forest Service under authority
of section 101 of Public Law 93–153 (30 U.S.C. 185(1)) as reimburse-
ment of administrative and other costs incurred in processing pipe-
line right-of-way or permit applications and for costs incurred in
monitoring the construction, operation, maintenance, and termi-
nation of any pipeline and related facilities, may be used to
reimburse the applicable appropriation to which such costs were
originally charged.
Funds available to the Forest Service shall be available to
conduct a program of not less than $1,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended by Public Law 93–408.
None of the funds available in this Act shall be used for
timber sale preparation using clearcutting in hardwood stands in
excess of 25 percent of the fiscal year 1989 harvested volume
in the Wayne National Forest, Ohio: Provided, That this limitation
shall not apply to hardwood stands damaged by natural disaster:
Provided further, That landscape architects shall be used to main-
tain a visually pleasing forest.
H. R. 1977—29
Any money collected from the States for fire suppression assist-
ance rendered by the Forest Service on non-Federal lands not
in the vicinity of National Forest System lands shall be used to
reimburse the applicable appropriation and shall remain available
until expended as the Secretary may direct in conducting activities
authorized by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available
to the Chief of the Forest Service for official reception and represen-
tation expenses.
Notwithstanding any other provision of law, the Forest Service
is authorized to employ or otherwise contract with persons at regu-
lar rates of pay, as determined by the Service, to perform work
occasioned by emergencies such as fires, storms, floods, earthquakes
or any other unavoidable cause without regard to Sundays, Federal
holidays, and the regular workweek.
To the greatest extent possible, and in accordance with the
Final Amendment to the Shawnee National Forest Plan, none of
the funds available in this Act shall be used for preparation of
timber sales using clearcutting or other forms of even aged manage-
ment in hardwood stands in the Shawnee National Forest, Illinois.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, eighty percent
of the funds appropriated to the Forest Service in the National
Forest System and Construction accounts and planned to be allo-
cated to activities under the ‘‘Jobs in the Woods’’ program for
projects on National Forest land in the State of Washington may
be granted directly to the Washington State Department of Fish
and Wildlife for accomplishment of planned projects. Twenty percent
of said funds shall be retained by the Forest Service for planning
and administering projects. Project selection and prioritization shall
be accomplished by the Forest Service with such consultation with
the State of Washington as the Forest Service deems appropriate.
For fiscal years in 1996 and 1997, the Secretary shall continue
the current Tongass Land Management Plan (TLMP) and may
accommodate commercial tourism (if an agreement is signed
between the Forest Service and the Alaska Visitors’ Association),
except that during this period, the Secretary shall maintain at
least the number of acres of suitable available and suitable sched-
uled timber lands, and Allowable Sale Quantity, as identified in
the Preferred Alternative (Alternative P) in the Tongass Land and
Resources Management Plan and Final Environmental Impact
Statement (dated October 1992) as selected in the Record of Decision
Review Draft #3–2/93. Nothing in this section, including the ASQ
identified in Alternative P, shall be construed to limit the Sec-
retary’s consideration of new information or to prejudice the future
revision, amendment or modification of TLMP based upon sound,
verifiable scientific data.
If the Forest Service determines in a Supplemental Evaluation
to an Environmental Impact Statement that no additional analysis
under the National Environmental Policy Act or section 810 of
the Alaska National Interest Lands Conservation Act is necessary
for any timber sale or offering which has been prepared for accept-
ance by, or award to, a purchaser after December 31, 1988, that
has been subsequently determined by the Forest Service to be
available for sale or offering to one or more other purchaser, the