H. R. 2107—34
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
without the consent of the House and Senate Committees on Appro-
priations.
Any appropriations or funds available to the Forest Service
may be advanced to the Wildland Fire Management appropriation
and may be used for forest firefighting and the emergency
rehabilitation of burned-over or damaged lands or waters under
its jurisdiction.
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 the report accompanying this bill.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the proce-
dures contained in the report accompanying this bill.
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
H. R. 2107—35
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.
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.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $2,250,000
may be advanced in a lump sum as Federal financial assistance
to the National Forest Foundation, without regard to when the
Foundation incurs expenses, for administrative expenses or projects
on or benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made avail-
able to the Foundation, no more than $750,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds
made available by the Forest Service: Provided further, That the
Foundation may transfer Federal funds to a recipient of Federal
financial assistance for a project at the same rate that the recipient
has obtained the non-Federal matching funds: Provided further,
That hereafter, the National Forest Foundation may hold Federal
funds made available but not immediately disbursed and may use
any interest or other investment income earned (before, on, or
after the date of enactment of this Act) on Federal funds to carry
out the purposes of Public Law 101–593: Provided further, That
such investments may be made only in interest-bearing obligations
of the United States or in obligations guaranteed as to both principal
and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244, up to
$2,000,000 of the funds available to the Forest Service shall be
available for matching funds, as authorized by 16 U.S.C. 3701–
3709, and may be advanced in a lump sum as Federal financial
assistance, without regard to when expenses are incurred, for
projects on or benefitting National Forest System lands or related
to Forest Service programs: Provided, That the Foundation shall
obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds
H. R. 2107—36
advanced by the Forest Service: Provided further, That the Founda-
tion may transfer Federal funds to a recipient of Federal financial
assistance for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
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, 80 percent of the
funds appropriated to the Forest Service in the ‘‘National Forest
System’’ and ‘‘Reconstruction and Construction’’ accounts and
planned to be allocated 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.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to sections 14(c)(1) and (2), and section
16(a)(2) of Public Law 99–663.
Any funds available to the Forest Service may be used for
retrofitting the Commanding Officer’s Building (S–2), to accommo-
date the relocation of the Forest Supervisor’s Office for the San
Bernardino National Forest: 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 Commit-
tees on Appropriations.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pin-
chot Institute for Conservation, as well as with public and other
private agencies, organizations, institutions, and individuals, to pro-
vide for the development, administration, maintenance, or restora-
tion of land, facilities, or Forest Service programs, at the Grey
Towers National Historic Landmark: Provided, That, subject to
such terms and conditions as the Secretary of Agriculture may
prescribe, any such public or private agency, organization, institu-
tion, or individual may solicit, accept, and administer private gifts
of money and real or personal property for the benefit of, or in
connection with, the activities and services at the Grey Towers
National Historic Landmark: Provided further, That such gifts may
be accepted notwithstanding the fact that a donor conducts business
with the Department of Agriculture in any capacity.
Funds appropriated to the Forest Service shall be available,
as determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101–612).
For purposes of the Southeast Alaska Economic Disaster Fund
as set forth in section 101(c) of Public Law 104–134, the direct
grants provided in subsection (c) shall be considered direct payments
for purposes of all applicable law except that these direct grants
may not be used for lobbying activities.
No employee of the Department of Agriculture may be detailed
or assigned from an agency or office funded by this Act to any
H. R. 2107—37
other agency or office of the Department for more than 30 days
unless the individual’s employing agency or office is fully
reimbursed by the receiving agency or office for the salary and
expenses of the employee for the period of assignment.
No funds appropriated under this or any other Act for the
purpose of operations conducted at the Forest Service Region 10
headquarters, including those funds identified for centralized field
costs for employees of this office, shall be obligated or expended
in excess of $17,500,000 from the total funds appropriated for
Region 10, without 60 days prior notice to Congress. Funds appro-
priated by this Act to implement the Revised Tongass National
Forest Land Management Plan, shall be spent and obligated at
the Forest Supervisor and Ranger District levels, with the exception
of specific management and oversight expenses, provided such
expenses are included in the funding ceiling of $17,500,000.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(RESCISSION)
Of the funds made available under this heading for obligation
in fiscal year 1997 or prior years, $101,000,000 are rescinded:
Provided, That funds made available in previous appropriations
Acts shall be available for any ongoing project regardless of the
separate request for proposal under which the project was selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy research
and development activities, under the authority of the Department
of Energy Organization Act (Public Law 95–91), including the
acquisition of interest, including defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social and
environmental costs (30 U.S.C. 3, 1602, and 1603), performed under
the minerals and materials science programs at the Albany
Research Center in Oregon, $362,403,000, to remain available until
expended: Provided, That no part of the sum herein made available
shall be used for the field testing of nuclear explosives in the
recovery of oil and gas.
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER OF FUNDS)
Moneys received as investment income on the principal amount
in the Great Plains Project Trust at the Norwest Bank of North
Dakota, in such sums as are earned as of October 1, 1997, shall
be deposited in this account and immediately transferred to the
general fund of the Treasury. Moneys received as revenue sharing
from operation of the Great Plains Gasification Plant shall be
immediately transferred to the general fund of the Treasury.