H. R. 1871—20
to repair a Federal or non-Federal flood control project, facility
or structure may be deferred by the Federal agency authorizing,
funding or carrying out the action, if the agency determines that
the repair is needed to respond to an emergency causing an
imminent threat to human lives and property in 1996 or 1997.
Formal consultation or conferencing shall be deferred until the
imminent threat to human lives and property has been abated.
For purposes of this section, the term repair shall include preventive
and remedial measures to restore the project, facility or structure
to remove an imminent threat to human lives and property.
(b) REASONABLE AND PRUDENT MEASURES.—Any reasonable and
prudent measures specified under section 7 of the Endangered
Species Act (16 U.S.C. 1536) to minimize the impact of an action
taken under this section shall be related both in nature and extent
to the effect of the action taken to repair the flood control project,
facility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS
ASSISTANCE TO UKRAINE
SEC. 4001. The President may waive the minimum funding
requirements contained in subsection (k) under the heading ‘‘Assist-
ance for the New Independent States of the Former Soviet Union’’
contained in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as included in Public Law
104–208, for activities for the government of Ukraine funded in
that subsection, if he determines and so reports to the Committees
on Appropriations that the government of Ukraine:
(1) has not made progress toward implementation of com-
prehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate according to
generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping of
steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Construction’’ to repair damage
caused by floods and other natural disasters, $4,796,000, to remain
available until expended, of which $4,403,000 is to be derived by
transfer from unobligated balances of funds under the heading,
‘‘Oregon and California Grant Lands’’, made available as supple-
mental appropriations in Public Law 104–134: Provided, That the
entire amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
H. R. 1871—21
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for ‘‘Oregon and California Grant
Lands’’ to repair damage caused by floods and other natural disas-
ters, $2,694,000, to remain available until expended and to be
derived from unobligated balances of funds under the heading,
‘‘Oregon and California Grant Lands’’, made available as supple-
mental appropriations in Public Law 104–134: Provided, That the
entire amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for ‘‘Resource Management’’,
$5,300,000, to remain available until expended, for technical assist-
ance and fish replacement made necessary by floods and other
natural disasters, for restoration of public lands damaged by fire,
and for payments to private landowners for the voluntary use
of private land to store water in restored wetlands: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $88,000,000, to
remain available until expended, to repair damage caused by floods
and other natural disasters: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
LAND ACQUISITION
For an additional amount for ‘‘Land Acquisition’’, $10,000,000,
to remain available until expended, for the cost-effective emergency
acquisition of land and water rights necessitated by floods and
other natural disasters: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for emergency
expenses resulting from flooding and other natural disasters,
$187,321,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That of this amount, $30,000,000 shall be avail-
able only to the extent an official budget request for a specific
dollar amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in such Act,
H. R. 1871—22
is transmitted by the President to Congress, and upon certification
by the Secretary of the Interior to the President that a specific
amount of such funds is required for (1) repair or replacement
of concession use facilities at Yosemite National Park if the Sec-
retary determines, after consulting with the Director of the Office
of Management and Budget, that the repair or replacement of
those facilities cannot be postponed until completion of an agree-
ment with the Yosemite Concessions Services Corporation or any
responsible third party to satisfy its repair or replacement obliga-
tions for the facilities, or (2) the Federal portion, if any, of the
costs of repair or replacement of such concession use facilities:
Provided further, That nothing herein should be construed as
impairing in any way the rights of the United States against
the Yosemite Concession Services Corporation or any other party
or as relieving the Corporation or any other party of its obligations
to the United States: Provided further, That prior to any final
agreement by the Secretary with the Corporation or any other
party concerning its obligation to repair or replace concession use
facilities, the Solicitor of the Department of the Interior shall certify
that the agreement fully satisfies the obligations of the Corporation
or third party: Provided further, That nothing herein, or any pay-
ments, repairs, or replacements made by the Corporation or a
third party in fulfillment of the Corporation’s obligations to the
United States to repair and replace damaged facilities, shall create
any possessory interest for the Corporation or such third party
in such repaired or replaced facilities: Provided further, That any
payments made to the United States by the Corporation or a
third party for repair or replacement of concession use facilities
shall be deposited in the General Fund of the Treasury or, where
facilities are repaired or replaced by the Corporation or any other
third party, an equal amount of appropriations for ‘‘Construction’’
shall be rescinded.
For an additional amount for ‘‘Construction’’, $10,000,000, to
remain available until expended, to make repairs, construct facili-
ties, and provide visitor transportation and for related purposes
at Yosemite National Park.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investigations, and
Research’’, $4,650,000, to remain available until September 30,
1998, to repair or replace damaged equipment and facilities caused
by floods and other natural disasters: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian Programs’’,
$14,317,000, to remain available until September 30, 1998, for
emergency response activities, including emergency school oper-
ations, heating costs, emergency welfare assistance, and to repair
and replace facilities and resources damaged by snow, floods, and
H. R. 1871—23
other natural disasters: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $6,249,000, to
remain available until expended, to repair damages caused by floods
and other natural disasters: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
notwithstanding any other provision of law, funds appropriated
herein and in Public Law 104–208 to the Bureau of Indian Affairs
for repair of the Wapato irrigation project shall be made available
on a nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NATIONAL FOREST SYSTEM
For an additional amount for ‘‘National Forest System’’ for
emergency expenses resulting from flooding and other natural disas-
ters, $39,677,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
RECONSTRUCTION AND CONSTRUCTION
For an additional amount for ‘‘Reconstruction and Construction’’
for emergency expenses resulting from flooding and other natural
disasters, $27,685,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For an additional amount for ‘‘Indian Health Services’’ for emer-
gency expenses resulting from flooding and other natural disasters,
$1,000,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
H. R. 1871—24
INDIAN HEALTH FACILITIES
For an additional amount for ‘‘Indian Health Facilities’’ for
emergency expenses resulting from flooding and other natural disas-
ters, $2,000,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 5
SEC. 5001. Section 101(c) of Public Law 104–134 is amended
as follows: Under the heading ‘‘Title III—General Provisions’’ amend
sections 315(c)(1)(A) and 315(c)(1)(B) by striking in each of those
sections ‘‘104%’’ and inserting in lieu thereof ‘‘100%’’; by striking
in each of those sections ‘‘1995’’ and inserting in lieu thereof ‘‘1994’’;
and by striking in each of those sections ‘‘and thereafter annually
adjusted upward by 4%,’’.
SEC. 5002. Section 101(d) of Public Law 104–208 is amended
as follows: Under the heading ‘‘Administrative Provisions, Indian
Health Service’’ strike the seventh proviso and insert the following
in lieu thereof: ‘‘: Provided further, That with respect to functions
transferred by the Indian Health Service to tribes or tribal organiza-
tions, the Indian Health Service is authorized to provide goods
and services to those entities, on a reimbursable basis, including
payment in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received
from those entities pursuant to the Indian Self Determination Act,
may be credited to the same or subsequent appropriation account
which provided the funding, said amounts to remain available until
expended’’.
SEC. 5003. (a) EXTENSION
AND
EFFECTIVE
DATE.—Section
3711(b)(1) of the San Carlos Apache Tribe Water Rights Settlement
Act of 1992 (106 Stat. 4752) is amended by striking ‘‘June 30,
1997’’ and inserting ‘‘March 31, 1999’’.
(b) EXTENSION FOR RIVER SYSTEM GENERAL ADJUDICATION.—
Section 3711 of such Act is amended by adding at the end the
following new subsection:
‘‘(c) EXTENSION FOR RIVER SYSTEM GENERAL ADJUDICATION.—
If, at any time prior to March 31, 1999, the Secretary notifies
the Committee on Indian Affairs of the United States Senate or
the Committee on Resources in the United States House of Rep-
resentatives that the Settlement Agreement, as executed by the
Secretary, has been submitted to the Superior Court of the State
of Arizona in and for Maricopa County for consideration and
approval as part of the General Adjudication of the Gila River
System and Source, the March 31, 1999, referred to in subsection
(b)(1) shall be deemed to be changed to December 31, 1999.’’.
(c) COUNTIES.—Section 3706(b)(3) of such Act is amended by
inserting ‘‘Gila, Graham, Greenlee,’’ after ‘‘Maricopa,’’.
(d) PARTIES TO AGREEMENT.—Section 3703(2) of such Act is
amended by adding at the end the following new sentence: ‘‘The
Gila Valley Irrigation District and the Franklin Irrigation District
shall be added as parties to the Agreement, but only so long
as none of the aforementioned parties objects to adding the Gila
Valley Irrigation and/or the Franklin Irrigation District as parties
to the Agreement.’’.
H. R. 1871—25
(e) DEFINITIONS.—Section 3703 of such Act is amended by add-
ing the following new paragraphs:
‘‘(12) ‘Morenci mine complex’ means the lands owned or leased
by Phelps Dodge Corporation, now or in the future, delineated
in a map as ‘Phelps Dodge Mining, Mineral Processing, and Auxil-
iary Facilities Water Use Area’, which map is dated March 19,
1996, and is on file with the Secretary of the Interior.
‘‘(13) ‘Upper Eagle Creek Wellfield’ means that area in Greenlee
County which is bounded by the eastern boundary of Graham
County on the west, the southern boundary of the Black River
watershed on the north, a line running north and south 5 miles
east of the eastern boundary of Graham County on the east, and
the southern boundary of the natural drainage of Cottonwood Can-
yon on the south.’’.
(f) BLACK RIVER FACILITIES.—Section 3711 of such Act, as
amended by subsection (b) of this Act, is further amended by
adding at the end the following:
‘‘(d) BLACK RIVER FACILITIES.—
‘‘(1) IN GENERAL.—The provisions and agreements set forth
or referred to in paragraphs (2), (3), and (4) below shall be
enforceable against the United States in United States district
court, and the immunity of the United States for such purposes
and for no other purpose is hereby waived. The provisions
and agreements set forth or referred to in paragraphs (2)(A),
(3), and (4) below shall be enforceable against the Tribe in
United States district court, and the immunity of the Tribe
for such purposes and for no other purpose, is hereby waived.
The specific agreements made by the Tribe and set forth in
paragraph (5) shall be enforceable against the Tribe in United
States district court, and the immunity of the Tribe is hereby
waived as to such specific agreements and for no other purpose.
‘‘(2) INTERIM PERIOD.—
‘‘(A) As of July 23, 1997, Phelps Dodge shall vacate
the reservation and no longer rely upon permit #2000089,
dated July 25, 1944. On such date the United States,
through the Bureau of Reclamation, shall enter, operate,
and maintain the Black River pump station, outbuildings,
the pipeline, related facilities, and certain caretaker quar-
ters (hereinafter referred to collectively as the ‘Black River
facilities’).
‘‘(B) The United States and Phelps Dodge shall enter
into a contract for delivery of water pursuant to subpara-
graph (C), below. Water for delivery to Phelps Dodge from
the Black River shall not exceed an annual average of
40 acre feet per day, or 14,000 acre feet per year. All
diversions from Black River to Phelps Dodge shall be junior
to the diversion and use of up to 7,300 acre feet per
year by the San Carlos Apache Tribe, and no such diversion
for Phelps Dodge shall cause the flow of Black River to
fall below 20 cubic feet per second. The United States
shall account for the costs for operating and maintaining
the Black River facilities, and Phelps Dodge shall
reimburse the United States for such costs. Phelps Dodge
shall pay to the United States, for delivery to the Tribe,
the sum of $20,000 per month, with an annual CPI adjust-
ment from July 23, 1997, for purposes of compensating
the Tribe for United States use and occupancy of the Black
H. R. 1871—26
River facilities. Phelps Dodge and the Tribe shall cooperate
with the United States in effectuating an orderly transfer
of the operations of the Black River facilities from Phelps
Dodge to the United States.
‘‘(C) Notwithstanding any other provision of law, the
contract referred to in subparagraph (B) between the
United States and Phelps Dodge which provides for the
diversion of water from the Black River into the Black
River facilities, and the delivery of such water to Phelps
Dodge at that location where the channel of Eagle Creek
last exits the reservation for use in the Morenci mine
complex and the towns of Clifton and Morenci and at
no other location, is ratified and confirmed.
‘‘(D) The power line right-of-way over the Tribe’s Res-
ervation which currently is held by Phelps Dodge shall
remain in place. During the interim period, Phelps Dodge
shall provide power to the United States for operation
of the pump station and related facilities without charge,
and Phelps Dodge shall pay a monthly right-of-way fee
to the Tribe of $5,000 per month, with an annual CPI
adjustment from July 23, 1997.
‘‘(E) Any questions regarding the water claims associ-
ated with Phelps Dodge’s use of the Upper Eagle Creek
Wellfield, its diversions of surface water from Eagle Creek,
the San Francisco River, Chase Creek, and/or its use of
other water supplies are not addressed in this title. No
provision in this subsection shall affect or be construed
to affect any claims by the Tribe, the United States, or
Phelps Dodge to groundwater or surface water.
‘‘(3) FINAL ARRANGEMENTS AND TERMS.—The interim period
described in paragraph (2) shall extend until all conditions
set forth in paragraph (3)(B) have been satisfied. At such time,
the following final arrangements shall apply, based on the
terms set forth below. Such terms shall bind the Tribe, the
United States, and Phelps Dodge, and shall be enforceable
pursuant to subsection (d)(1) of this Act.
‘‘(A) The United States shall hold the Black River
facilities in trust for the Tribe, without cost to the Tribe
or the United States.
‘‘(B) Responsibility for operation of the Black River
facilities shall be transferred from the United States to
the Tribe. The United States shall train Tribal members
during the interim period, and the responsibility to operate
the Black River facilities shall be transferred upon satisfac-
tion of 2 conditions—
‘‘(i) a finding by the United States that the Tribe
has completed necessary training and is qualified to
operate the Black River facilities; and
‘‘(ii) execution of the contract described in para-
graph (3)(E), which contract shall be executed on or
before December 31, 1998. In the event that the con-
tract is not executed by December 31, 1998, the trans-
fer described in this subsection shall occur on Decem-
ber 31, 1998 (so long as condition (i) of this subpara-
graph has been satisfied), based on application of the
contract terms described in paragraph (3)(E), which
terms shall be enforceable under this Act. Upon the
H. R. 1871—27
approval of the Secretary, the Tribe may contract with
third parties to operate the Black River facilities.
‘‘(C) Power lines currently operated by Phelps Dodge
on the Tribe’s Reservation, and the right-of-way associated
with such power lines, shall be surrendered by Phelps
Dodge to the Tribe, without cost to the Tribe. Prior to
the surrender of the power lines, the Bureau of Reclamation
shall arrange for an inspection of the power lines and
associated facilities by a qualified third party and shall
obtain a certification that such power lines and facilities
are of sound design and are in good working order. Phelps
Dodge shall pay for the cost of such inspection and certifi-
cation. Concurrently with the surrender of the power lines
and the right-of-way, Phelps Dodge shall construct a switch
station at the boundary of the Reservation at which the
Tribe may switch power on or off and shall deliver owner-
ship and control of such switch station to the Tribe. Subse-
quent to the transfer of the power lines and the right-
of-way and the delivery of ownership and control of the
switch station to the Tribe, Phelps Dodge shall have no
further obligation or liability of any nature with respect
to the ownership, operation, or maintenance of the power
lines, the right-of-way, or the switch station.
‘‘(D) The Tribe and the United States will enter into
an exchange agreement with the Salt River Project which
will deliver CAP water controlled by the Tribe to the Salt
River Project in return for the diversion of water from
the Black River into the Black River facilities. The
exchange agreement shall be subject to review and approval
by Phelps Dodge, which approval shall not be unreasonably
withheld. Notwithstanding any other provision of law, the
contract referred to in this subparagraph is ratified and
confirmed.
‘‘(E) The Tribe, the United States, and Phelps Dodge
will execute a contract covering the lease and delivery
of CAP water from the Tribe to Phelps Dodge on the
following terms:
‘‘(i) The Tribe will lease to Phelps Dodge 14,000
acre feet of CAP water per year as of the date on
which the interim period referred to in paragraph (2)
expires. The lease shall be subject to the terms and
conditions identified in the Tribal CAP Delivery Con-
tract referenced in section 3706(b). The leased CAP
water shall be delivered to Phelps Dodge from the
Black River pursuant to the exchange referred to in
subparagraph (D) above, based on diversions from the
Black River that shall not exceed an annual average
of 40 acre feet per day and shall not cause the flow
of Black River to fall below 20 cubic feet per second.
Such CAP water shall be delivered to Phelps Dodge
at that location where the channel of Eagle Creek
last exits the Reservation, to be utilized in the Morenci
mine complex and the towns of Clifton and Morenci,
and at no other location.
‘‘(ii) The leased CAP water shall be junior to the
diversion and use of up to 7,300 acre feet per year
H. R. 1871—28
from the Black and Salt Rivers by the San Carlos
Apache Tribe.
‘‘(iii) The lease will be for a term of 50 years
or, if earlier, the date upon which mining activities
at the Morenci mine complex cease, with a right to
renew for an additional 50 years upon a finding by
the Secretary that the water is needed for continued
mining activities at the Morenci mine complex. The
lease shall have the following financial terms:
‘‘(I) The Tribe will lease CAP water at a cost
of $1,200 per acre foot. Phelps Dodge shall pay
to the United States, on behalf of the Tribe, the
sum of $5,000,000 upon the earlier of the execution
of the agreement, or upon the expiration of the
interim period referred to in paragraph (2) hereof,
which amount shall be a prepayment for and
applicable to the first 4,166 acre feet of CAP water
to be delivered in each year during the term of
the lease.
‘‘(II) Phelps Dodge shall pay the United States,
on behalf of the Tribe, the sum of $65 per acre
foot per year, with an annual CPI adjustment for
the remaining 9,834 acre feet of water to be deliv-
ered pursuant to the lease each year. Such pay-
ments shall be made in advance on January 1
of each year, with a reconciliation made at year-
end, if necessary, in the event that less than 14,000
acre feet of CAP water is diverted from the Black
River due to shortages in the CAP system or on
the Black River.
‘‘(III) Phelps Dodge shall pay in advance each
month the Tribe’s reasonable costs associated with
the Tribe’s operation, maintenance, and replace-
ment of the Black River facilities for purposes
of delivering water to Phelps Dodge pursuant to
the lease, which costs shall be based upon the
experience of the Bureau of Reclamation in operat-
ing the Black River facilities during the interim
period referred to in paragraph (2), subject to an
annual CPI adjustment, and providing for a credit
for power provided by Phelps Dodge to the Tribe.
In addition, Phelps Dodge shall pay a monthly
fee of $30,000 to the United States, on behalf
of the Tribe, to account for the use of the Tribe’s
distribution system.
‘‘(IV) Phelps Dodge shall pay the United States
operation, maintenance, and replacement charges
associated with the leased CAP water and such
reasonable interconnection charges as may be
imposed by Salt River Project in connection with
the exchange referred to in subparagraph (D)
above.
‘‘(iv) Notwithstanding the provisions of section
3707(b), any moneys, except Black River facilities
OM&R, CAP OM&R and any charges associated with
an exchange agreement with Salt River Project, paid
to the United States on behalf of the Tribe from the
H. R. 1871—29
lease referred to under paragraph (3)(D)(iii) shall be
held in trust by the United States for the benefit
of the Tribe. There is hereby established in the Treas-
ury of the United States a fund to be known as the
‘San Carlos Apache Tribe Lease Fund’ for such purpose.
Interest accruing to the Fund may be used by the
Tribe for economic and community development pur-
poses upon presentation to the Secretary of a certified
copy of a duly enacted resolution of the Tribal Council
requesting distribution and a written budget approved
by the Tribal Council. Such income may thereafter
be expended only in accordance with such budget.
Income not distributed shall be added to principal.
The United States shall not be liable for any claim
or causes of action arising from the Tribe’s use or
expenditure of moneys distributed from the Fund.
‘‘(v) The lease is not assignable to any third party,
except with the consent of the Tribe and Phelps Dodge,
and with the approval of the Secretary.
‘‘(vi) Notwithstanding subsection (b) hereof, section
3706 shall be fully effective immediately with respect
to the CAP water lease provided for in this subpara-
graph and the Secretary shall take all actions author-
ized by section 3706 necessary for purposes of
implementing this subparagraph. Notwithstanding any
other provision of law, the contract referred to in this
subparagraph is ratified and confirmed and shall be
enforceable in United States district court. In the event
that no lease authorized by this subparagraph is
executed, this subparagraph, notwithstanding any
other provision of law, shall be enforceable as a lease
among the Tribe, the United States, and Phelps Dodge
in the United States district court, and the Secretary
shall take all action authorized by section 3706 for
purposes of implementing this subparagraph in such
an event.
‘‘(F) Any questions regarding the water claims associ-
ated with Phelps Dodge’s use of the Eagle Creek Wellfield,
its diversions of surface water from lower Eagle Creek,
the San Francisco River, Chase Creek, and/or its use of
other water supplies are not addressed by this title. No
provision in this subsection shall affect or be construed
to affect any claims by the Tribe, the United States, or
Phelps Dodge to groundwater or surface water.
‘‘(4) EAGLE CREEK.—From the effective date of this sub-
section, and during the Interim Period, the Tribe shall not,
in any way, impede, restrict, or sue the United States regarding
the passage of water from the Black River facilities into those
portions of the channels of Willow Creek and Eagle Creek
which flow through the Reservation. Phelps Dodge agrees to
limit pumping from the Upper Eagle Creek Wellfield so that
the combination of water from the Black River facilities and
water pumped from the Upper Eagle Creek Wellfield does
not exceed 22,000 acre feet per year of delivered water at
the Phelps Dodge Lower Eagle Creek Pump Station below
the Reservation. In calculating the pumping rates allowed
under this subparagraph, transmission losses from Black River
H. R. 1871—30
and the Upper Eagle Creek Wellfield shall be estimated, but
in no event shall such transmission losses be more than 10
percent of the Black River or Upper Eagle Creek Wellfield
water. Based on this agreement, the Tribe shall not, in any
way, impede, restrict, or sue Phelps Dodge regarding the pas-
sage of water from the Phelps Dodge Upper Eagle Creek
Wellfield, except that—
‘‘(A) Phelps Dodge shall pay to the United States,
on behalf of the Tribe, $5,000 per month, with an annual
CPI adjustment from July 23, 1997, to account for the
passage of such flows; and
‘‘(B) the Tribe and the United States reserve the right
to challenge Phelps Dodge’s claims regarding the pumping
of groundwater from the Upper Eagle Creek Wellfield, in
accordance with paragraphs (2)(E) and (3)(F) above. In
the event that a court determines that Phelps Dodge does
not have the right to pump the Upper Eagle Creek
Wellfield, the Tribe will no longer be subject to the restric-
tion set forth in this subparagraph regarding the passage
of water from the Wellfield through the Reservation. Noth-
ing in this subsection shall affect the rights, if any, that
Phelps Dodge might claim regarding the flow of water
in the channel of Eagle Creek in the absence of this sub-
section.
‘‘(5) PAST CLAIMS.—The Act does not address claims relating
to Phelps Dodge’s prior occupancy and operation of the Black
River facilities. The Tribe agrees not to bring any such claims
against the United States. The Tribe also agrees that within
30 days after Phelps Dodge has vacated the Reservation, it
shall dismiss with prejudice the suit that it has filed in Tribal
Court against Phelps Dodge (The San Carlos Apache Tribe
v. Phelps Dodge, et al., Case No. C–97–118), which such dismis-
sal shall not be considered a decision on the merits, and any
claims that it might assert against Phelps Dodge in connection
with Phelps Dodge’s prior occupancy and operation of the Black
River facilities shall be brought exclusively in the United States
district court.
‘‘(6) RELATIONSHIP TO SETTLEMENT.—
‘‘(A) The term ‘Agreement’, as defined by section
3703(2), shall not include Phelps Dodge.
‘‘(B) Section 3706(j) and section 3705(f) shall be
repealed and shall have no effect.
‘‘(7) 
RATIFICATION
OF
SETTLEMENT.—The 
agreement
between the San Carlos Apache Tribe, the Phelps Dodge Cor-
poration, and the Secretary of the Interior, as set forth in
this subsection, is hereby ratified and approved.’’.
(g) TECHNICAL AMENDMENT.—Section 3702(a)(3) is amended
by striking ‘‘qualification’’ and inserting ‘‘quantification’’.
SEC. 5004. Paragraph (5) of section 104(c) of the Marine Mam-
mal Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended as
follows:
(1) In subparagraph (A), by striking ‘‘, including polar
bears taken but not imported prior to the date of enactment
of the Marine Mammal Protection Act Amendments of 1994,’’.
(2) By adding the following new subparagraph at the end
thereof:
H. R. 1871—31
‘‘(D) The Secretary of the Interior shall, expeditiously after
the expiration of the applicable 30 day period under subsection
(d)(2), issue a permit for the importation of polar bear parts (other
than internal organs) from polar bears taken in sport hunts in
Canada before the date of enactment of the Marine Mammal Protec-
tion Act Amendments of 1994, to each applicant who submits,
with the permit application, proof that the polar bear was legally
harvested in Canada by the applicant. The Secretary shall issue
such permits without regard to the provisions of subparagraphs
(A) and (C)(ii) of this paragraph, subsection (d)(3) of this section,
and sections 101 and 102. This subparagraph shall not apply to
polar bear parts that were imported before the effective date of
this subparagraph.’’.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
Public Law 104–208, under the heading ‘‘Health Education
Assistance Loans Program’’ is amended by inserting after
‘‘$140,000,000’’ the following: ‘‘: Provided further, That the Secretary
may use up to $499,000 derived by transfer from insurance pre-
miums collected from guaranteed loans made under title VII of
the Public Health Service Act for the purpose of carrying out section
709 of that Act’’.
ADMINISTRATION FOR CHILDREN AND FAMILIES
CHILDREN AND FAMILIES SERVICES PROGRAMS
Public Law 104–208, under the heading titled ‘‘Children and
Families Services Programs’’ is amended by inserting after the
reference to ‘‘part B(1) of title IV’’ the following: ‘‘and section 1110’’.
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support high priority health research,
$15,000,000, to remain available until expended: Provided, That
the Secretary shall award such funds on a competitive basis.
DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For additional amounts to carry out subpart 2 of part A of
title I of the Elementary and Secondary Education Act of 1965,
$101,133,000, of which $78,362,000 shall be for Basic Grants and
$22,771,000 shall be for Concentration Grants, which shall be allo-
cated, notwithstanding any other provision of law, only to those
States, and counties within those States, that will receive, from
funds available under the Department of Education Appropriations
Act, 1997, smaller allocations for Grants to Local Educational Agen-
cies than they would have received had those allocations been
H. R. 1871—32
calculated entirely on the basis of child poverty counts from the
1990 census: Provided, That the Secretary of Education shall use
these additional funds to provide those States with 50 percent
of the difference between the allocations they would have received
had the allocations under that Appropriations Act been calculated
entirely on the basis of the 1990 census data and the allocations
under the 1997 Appropriations Act: Provided further, That if any
State’s total allocation under that Appropriations Act and this para-
graph is less than its 1996 allocation for that subpart, that State
shall receive, under this paragraph, the amount the State would
have received had that allocation been calculated entirely on the
basis of child poverty counts from the 1990 census: Provided further,
That the Secretary shall ratably reduce the allocations to States
under the preceding proviso for either Basic Grants or Concentra-
tion Grants, or both, as the case may be, if the funds available
are insufficient to make those allocations in full: Provided further,
That the Secretary shall allocate, to such counties in each such
State, additional amounts for Basic Grants and Concentration
Grants that are in the same proportion, respectively, to the total
amounts allocated to the State, as the differences between such
counties’ initial allocations for Basic Grants and Concentration
Grants, respectively (compared to what they would have received
had the initial allocations been calculated entirely on the basis
of 1990 census data), are to the differences between the State’s
initial allocations for Basic Grants and Concentration Grants,
respectively (compared to the amounts the State would have
received had the initial allocations been calculated entirely on the
basis of 1990 census data): Provided further, That the funds appro-
priated under this paragraph shall become available on July 1,
1997 and shall remain available through September 30, 1998: Pro-
vided further, That the additional amounts appropriated under
this paragraph shall not be taken into account in determining
State allocations under any other program administered by the
Secretary.
RELATED AGENCY
NATIONAL COMMISSION ON THE COST OF HIGHER EDUCATION
SALARIES AND EXPENSES
For necessary expenses for the National Commission on the
Cost of Higher Education, $650,000, to remain available until
expended.
GENERAL PROVISIONS, CHAPTER 6
SEC. 6001. Notwithstanding any other provision of law, fiscal
year 1995 funds awarded under State-administered programs of
the Department of Education and funds awarded for fiscal year
1996 for State-administered programs under the Rehabilitation Act
of the Department of Education to recipients in Presidentially
declared disaster areas, which were declared as such during fiscal
year 1997, are available to those recipients for obligation until
September 30, 1998: Provided, That for the purposes of assisting
those recipients, the Secretary’s waiver authority under section
14401 of the Elementary and Secondary Education Act of 1965
H. R. 1871—33
shall be extended to all State-administered programs of the Depart-
ment of Education. This special waiver authority applies only to
funds awarded for fiscal years 1995, 1996, and 1997.
SEC. 6002. Notwithstanding any other provision of law, the
Secretary of Education may waive or modify any statutory or regu-
latory provision applicable to the student financial aid programs
under title IV of the Higher Education Act that the Secretary
deems necessary to assist individuals and other program partici-
pants who suffered financial harm from natural disasters and who,
at the time the disaster struck were operating, residing at, or
attending an institution of higher education, or employed within
these areas on the date which the President declared the existence
of a major disaster (or, in the case of an individual who is a
dependent student, whose parent or stepparent suffered financial
harm from such disaster, and who resided, or was employed in
such an area at that time): Provided further, That such authority
shall be in effect only for awards for award years 1996–1997 and
1997–1998.
SEC. 6003. None of the funds provided in this Act or in any
other Act making appropriations for fiscal year 1997 may be used
to administer or implement in Denver, Colorado, the Medicare
Competitive Pricing/Open Enrollment Demonstration, as titled in
the April 1, 1997, Final Request for Proposals (RFP).
SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS.
(a) IN GENERAL.—Notwithstanding any other provision of law,
during the period beginning on April 30, 1997, and ending on
July 30, 1997, the Governors of the States described in paragraph
(1) of subsection (b) may, subject to subsection (c), use amounts
received for the provision of child care assistance or services under
the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9801 et seq.) to provide emergency child care services to
individuals described in paragraph (2) of subsection (b).
(b) ELIGIBILITY.—
(1) OF STATES.—A State described in this paragraph is
a State in which the President, pursuant to section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121), has determined that a major disaster
exists, or that an area within the State is determined to be
eligible for disaster relief under other Federal law by reason
of damage related to flooding in 1997.
(2) OF INDIVIDUALS.—An individual described in this sub-
section is an individual who—
(A) resides within any area in which the President,
pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121),
has determined that a major disaster exists, or within
an area determined to be eligible for disaster relief under
other Federal law by reason of damage related to flooding
in 1997; and
(B) is involved in unpaid work activities (including
the cleaning, repair, restoration, and rebuilding of homes,
businesses, and schools) resulting from the flood emergency
described in subparagraph (A).
(c) LIMITATIONS.—
(1) REQUIREMENTS.—With respect to assistance provided
to individuals under this section, the quality, certification and