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ations costs of Bureau-funded schools and other education
programs shall become available on July 1, 1997, and
shall remain available until September 30, 1998; and of
which not to exceed $55,838,000 for higher education
scholarships, adult vocational training, and assistance to
public schools under 25 U.S.C. 452 et seq., shall remain
available until September 30, 1998; and of which not to
exceed $55,603,000 shall remain available until expended
for housing improvement, road maintenance, attorney
fees, litigation support, self-governance grants, the Indian
Self-Determination Fund, and the Navajo-Hopi Settle-
ment Program: Provided, That tribes and tribal contrac-
tors may use their tribal priority allocations for unmet in-
direct costs of ongoing contracts, grants or compact agree-
ments: Provided further, That funds made available to
tribes and tribal organizations through contracts or grants
obligated during fiscal year 1997, as authorized by the In-
dian Self-Determination Act of 1975, or grants authorized
by the Indian Education Amendments of 1988 (25 U.S.C.
2001 and 2008A) shall remain available until expended
by the contractor or grantee: Provided further, That to
provide funding uniformity within a Self-Governance Com-
pact, any funds provided in this Act with availability for
more than one year may be reprogrammed to one year
availability but shall remain available within the Compact
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until expended: Provided further, That notwithstanding
any other provision of law, Indian tribal governments may,
by appropriate changes in eligibility criteria or by other
means, change eligibility for general assistance or change
the amount of general assistance payments for individuals
within the service area of such tribe who are otherwise
deemed eligible for general assistance payments so long
as such changes are applied in a consistent manner to in-
dividuals similarly situated: Provided further, That any
savings realized by such changes shall be available for use
in meeting other priorities of the tribes: Provided further,
That any net increase in costs to the Federal Government
which result solely from tribally increased payment levels
for general assistance shall be met exclusively from funds
available to the tribe from within its tribal priority alloca-
tion: Provided further, That any forestry funds allocated
to a tribe which remain unobligated as of September 30,
1997, may be transferred during fiscal year 1998 to an
Indian forest land 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, 1998: Pro-
vided further, That notwithstanding any other provision of
law, no funds available to the Bureau, other than the
amounts provided herein for assistance to public schools
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under 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 1997: Provided further, That
funds made available in this or any other Act for expendi-
ture through September 30, 1998 for schools funded by
the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1995: Provided
further, That no funds available to the Bureau shall be
used to support expanded grades for any school beyond
the grade structure in place at each school in the Bureau
school system as of October 1, 1995: Provided further,
That in fiscal year 1997 and thereafter, notwithstanding
the provisions of 25 U.S.C. 2012(h)(1) (A) and (B), upon
the recommendation of either (i) a local school board and
school supervisor for an education position in a Bureau
of Indian Affairs operated school, or (ii) an Agency school
board and education line officer for an Agency education
position, the Secretary shall establish adjustments to the
rates of basic compensation or annual salary rates estab-
lished under 25 U.S.C. 2012(h)(1) (A) and (B) for edu-
cation positions at the school or the Agency, at a level
not less than that for comparable positions in the nearest
public school district, and the adjustment shall be deemed
to be a change to basic pay and shall not be subject to
collective bargaining: Provided further, That any reduction
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to rates of basic compensation or annual salary rates
below the rates established under 25 U.S.C. 2012(h)(1)
(A) and (B) shall apply only to educators appointed after
June 30, 1997, and shall not affect the right of an individ-
ual employed on June 30, 1997, in an education position,
to receive the compensation attached to such position
under 25 U.S.C. 2012(h)(1) (A) and (B) so long as the
individual remains in the same position at the same school:
Provided further, That notwithstanding 25 U.S.C.
2012(h)(1)(B), when the rates of basic compensation for
teachers and counselors at Bureau-operated schools are
established at the rates of basic compensation applicable
to comparable positions in overseas schools under the De-
fense Department Overseas Teachers Pay and Personnel
Practices Act, such rates shall become effective with the
start of the next academic year following the issuance of
the Department of Defense salary schedule and shall not
be effected retroactively.
CONSTRUCTION
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and
other facilities, including architectural and engineering
services by contract; acquisition of lands, and interests in
lands; and preparation of lands for farming, and for con-
struction of the Navajo Indian Irrigation Project pursuant
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to Public Law 87–483, $85,831,000, to remain available
until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irriga-
tion Project may be transferred to the Bureau of Reclama-
tion: 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: 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 fiscal year 1997, in implementing new
construction or facilities improvement 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 Ad-
ministrative 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 subject to section 12.61 of 43 CFR;
the Secretary and the grantee shall negotiate and deter-
mine 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 con-
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struction projects conform to applicable building stand-
ards 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 capa-
bilities: 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 con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$65,241,000, to remain available until expended; of which
$56,400,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618, 102–374, 102–575, and for im-
plementation of other enacted water rights settlements, in-
cluding not to exceed $8,000,000, which shall be for the
Federal share of the Catawba Indian Tribe of South Caro-
lina Claims Settlement, as authorized by section 5(a) of
Public Law 103–116; and of which $841,000 shall be
available pursuant to Public Laws 98–500, 99–264, and
100–580.
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INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amend-
ed: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$34,615,000.
In addition, for administrative expenses to carry out
the guaranteed loan programs, $500,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guaran-
tee and insurance fund, the Technical Assistance of Indian
Enterprises account, the Indian Direct Loan Program ac-
count, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase
of not to exceed 229 passenger motor vehicles, of which
not to exceed 187 shall be for replacement only.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
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$65,088,000, of which (1) $61,239,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and
support of governmental functions; grants to the Govern-
ment of the Virgin Islands as authorized by law; grants
to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Is-
lands as authorized by law (Public Law 94–241; 90 Stat.
272); and (2) $3,849,000 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 trans-
actions of all agencies or instrumentalities established or
utilized by such governments, may be audited by the Gen-
eral Accounting Office, at its discretion, in accordance
with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future Unit-
ed States Financial Assistance for the Northern Mariana
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Islands approved by Public Law 99–396, or any subse-
quent legislation related to Commonwealth of the North-
ern Mariana Islands 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 maintenance improvement are
appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, the Republic of
Palau, the Republic of the Marshall Islands, and the Fed-
erated States of Micronesia through assessments of long-
range operations maintenance needs, improved capability
of local operations and maintenance institutions and agen-
cies (including management and vocational education
training), and project-specific maintenance (with terri-
torial participation and cost sharing to be determined by
the Secretary based on the individual territory’s commit-
ment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance
under this head in this Act or previous appropriations Acts
may be used as non-Federal matching funds for the pur-
pose of hazard mitigation grants provided pursuant to sec-
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tion 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for
the Federated States of Micronesia and the Republic of
the Marshall Islands as provided for in sections 122, 221,
223, 232, and 233 of the Compacts of Free Association,
and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
$23,638,000, to remain available until expended, as au-
thorized by Public Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $53,691,000, of which not to ex-
ceed $7,500 may be for official reception and representa-
tion expenses.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$35,208,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $24,439,000, together with any funds or prop-
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erty transferred to the Office of Inspector General through
forfeiture proceedings or from the Department of Justice
Assets Forfeiture Fund or the Department of the Treas-
ury Assets Forfeiture Fund, that represent an equitable
share from the forfeiture of property in investigations in
which the Office of Inspector General participated, with
such transferred funds to remain available until expended.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gam-
ing Commission, pursuant to Public Law 100–497,
$1,000,000.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $19,126,000, to remain available until ex-
pended for trust funds management: Provided, That funds
made available to tribes and tribal organizations through
contracts or grants obligated during fiscal year 1997, as
authorized by the Indian Self-Determination Act of 1975
(25 U.S.C. 450 et seq.), shall remain available until ex-
pended by the contractor or grantee: Provided further,
That notwithstanding any other provision of law, the stat-
ute of limitations shall not commence to run on any claim,
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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 furnished with an accounting of such funds from
which the beneficiary can determine whether there has
been a loss: Provided further, That unobligated balances
previously made available (1) to liquidate obligations owed
tribal and individual Indian payees of any checks canceled
pursuant to section 1003 of the Competitive Equality
Banking Act of 1987 (Public Law 100–86; 31 U.S.C.
3334(b)), (2) to restore Individual Indian Monies trust
funds, Indian Irrigation Systems, and Indian Power Sys-
tems accounts amounts invested in credit unions or de-
faulted savings and loan associations and which where not
Federally insured, including any interest on these amounts
that may have been earned, but was not because of the
default, and (3) to reimburse Indian trust fund account
holders for losses to their respective accounts where the
claim for said loss has been reduced to a judgement or
settlement agreement approved by the Department of Jus-
tice, under the heading ‘‘Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians’’, Bu-
reau of Indian Affairs in fiscal years 1995 and 1996, are
hereby transferred to and merged with this appropriation
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and may only be used for the operation of trust programs,
in accordance with this appropriation.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated
funds in ‘‘Departmental Management’’, ‘‘Office of the So-
licitor’’, and ‘‘Office of Inspector General’’ may be aug-
mented through the Working Capital Fund or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
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able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of forest or range fires on or threatening
lands under the jurisdiction of the Department of the Inte-
rior; for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oilspills; response and natural resource
damage assessment activities related to actual oilspills; for
the prevention, suppression, and control of actual or po-
tential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
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(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimburse-
ment to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for
emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority
until funds appropriated to ‘‘Wildland Fire Management’’
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 Emer-
gency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible: Provided further, That
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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 appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-
ited to the appropriation current at the time such reim-
bursements are received.
SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
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issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
SEC. 107. Appropriations made in this title from the
Land and Water Conservation Fund for acquisition of
lands and waters, or interests therein, shall be available
for transfer, with the approval of the Secretary, between
the following accounts: Bureau of Land Management,
Land acquisition, United States Fish and Wildlife Service,
Land acquisition, and National Park Service, Land acqui-
sition and State assistance. Use of such funds are subject
to the reprogramming guidelines of the House and Senate
Committees on Appropriations.
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 1997 appropriation for operation of the Pre-
sidio: Provided, That prior to the transfer of any Presidio
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property to the Presidio Trust, the Secretary shall trans-
fer such funds as the Trust deems necessary to initiate
leasing and other authorized activities of the Trust: Pro-
vided further, That this section shall expire on September
30, 1997.
SEC. 109. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended by the Secretary of the Interior for developing,
promulgating, and thereafter implementing a rule con-
cerning rights-of-way under section 2477 of the Revised
Statutes.
SEC. 110. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore leasing and related activities placed under re-
striction in the President’s moratorium statement of June
26, 1990, in the areas of Northern, Central, and Southern
California; the North Atlantic; Washington and Oregon;
and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 111. No funds provided in this title may be ex-
pended 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.
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partment and other Federal agencies for which such cen-
tralized services are performed, at rates which will return
in full all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of
automatic data processing (ADP) software and systems
(either acquired or donated) and an amount necessary to
maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That such fund shall pro-
vide services on a competitive basis: Provided further, That
an amount not to exceed four percent of the total annual
income to such fund may be retained in the fund for fiscal
year 1997 and each fiscal year thereafter, to remain avail-
able until expended, to be used for the acquisition of cap-
ital equipment, and for the improvement and implementa-
tion of Department financial management, ADP, and
other support systems: Provided further, That no later
than thirty days after the end of each fiscal year amounts
in excess of this reserve limitation shall be transferred to
the Treasury: Provided further, That such franchise fund
pilot shall terminate pursuant to section 403(f) of Public
Law 103–356.
SEC. 115. None of the funds in this Act or any other
Act may be used by the Secretary for the redesign of
Pennsylvania Avenue in front of the White House without
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the advance approval of the House and Senate Committees
on Appropriations.
SEC. 116. None of the funds made available in this
Act may be used by the Department of the Interior to
continue or enforce the designation of any critical habitat
for the marbled murrelet on private property in the State
of California, excluding approximately 3,000 acres of red-
wood forest commonly known as the ‘‘Headwaters Grove’’,
located in Humboldt County, California.
SEC. 117. None of the funds made available in this
Act may be used by the Bureau of Indian Affairs to trans-
fer any land into trust under section 5 of the Indian Reor-
ganization Act, 48 Stat, 985, 25 USC s. 465, or any other
federal statute that does not explicitly denominate and
identify a specific tribe or specific property, unless it has
been made known to the Secretary of Interior, or his or
her designee, that a binding agreement is in place between
the tribe that will have jurisdiction over the land to be
taken into trust and the appropriate state and local offi-
cial(s) and that such agreement provides, for as long as
the land is held in trust, for the collection and payment,
by any retail establishment located on the land to be taken
into trust, of State and local sales and excise taxes, includ-
ing any special tax on motor fuel, tobacco, or alcohol, on
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any retail item sold to any non-member of the tribe for
which the land is held in trust.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $179,000,000, to remain
available until September 30, 1998: Provided, That unobli-
gated and unexpended balances remaining in this account
at the end of fiscal year 1996 shall be merged with and
made a part of the fiscal year 1997 Forest and Rangeland
Research appropriation.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and pro-
viding technical and financial assistance to States, Terri-
tories, possessions, and others and for forest pest manage-
ment activities, cooperative forestry and education and
land conservation activities, $148,884,000 to remain avail-
able until expended, as authorized by law.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System,
for ecosystem planning, inventory, and monitoring, and for
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administrative expenses associated with the management
of funds provided under the heads ‘‘Forest and Rangeland
Research,’’ ‘‘State and Private Forestry,’’ ‘‘National For-
est System,’’ ‘‘Wildland Fire Management,’’ ‘‘Reconstruc-
tion and Construction,’’ and ‘‘Land Acquisition,’’
$1,259,057,000 to remain available for obligation until
September 30, 1998, and including 50 per centum of all
monies received during the prior fiscal year as fees col-
lected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the
Act (16 U.S.C. 4601–6a(i)): Provided, That unobligated
and unexpended balances in the National Forest System
account at the end of fiscal year 1996, shall be merged
with and made a part of the fiscal year 1997 National
Forest System appropriation, and shall remain available
for obligation until September 30, 1998: Provided further,
That up to $5,000,000 of the funds provided herein for
road maintenance shall be available for the planned oblit-
eration 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 such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned over National Forest System
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lands, $411,485,000, to remain available until expended:
Provided, That unexpended balances of amounts pre-
viously appropriated under any other headings for Forest
Service fire activities are transferred to and merged with
this appropriation and subject to the same terms and con-
ditions: Provided further, That such funds are available
for repayment of advances from other appropriations ac-
counts previously transferred for such purposes.
RECONSTRUCTION AND CONSTRUCTION
For necessary expenses of the Forest Service, not
otherwise provided for, $164,100,000, to remain available
until expended for construction, reconstruction and acqui-
sition of buildings and other facilities, and for construc-
tion, reconstruction 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 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 funds appro-
priated under this head for the construction of the Wayne
National Forest Supervisor’s Office may be granted to the
Ohio State Highway Patrol, Ohio State Department of
Transportation, as the Federal share of the cost of con-
struction of a new facility to be jointly occupied by the
Forest Service and the Ohio State Highway Patrol: Pro-
vided further, That an agreed upon lease of space in the
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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. 4601–4–11), including adminis-
trative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority
applicable to the Forest Service, $30,000,000, to be de-
rived from the Land and Water Conservation Fund, to
remain available until expended: Provided, That funding
for specific land acquisitions are subject to the approval
of the House and Senate Committees on Appropriations.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests,
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National
Forests, California, as authorized by law, $1,069,000, to
be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, to be derived from funds de-
posited by State, county, or municipal governments, public
school districts, or other public school authorities pursuant
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to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 per centum of all moneys
received during the prior fiscal year, as fees for grazing
domestic livestock on lands in National Forests in the six-
teen Western States, pursuant to section 401(b)(1) of
Public Law 94–579, as amended, to remain available until
expended, of which not to exceed 6 per centum shall be
available for administrative expenses associated with on-
the-ground range rehabilitation, protection, and improve-
ments.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (a) purchase of not to
exceed 159 passenger motor vehicles of which 14 will be
used primarily for law enforcement purposes and of which
149 shall be for replacement; acquisition of 10 passenger
motor vehicles from excess sources, and hire of such vehi-
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cles; operation and maintenance of aircraft, the purchase
of not to exceed two for replacement only, and acquisition
of 20 aircraft from excess sources; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (b) serv-
ices pursuant to 7 U.S.C. 2225, and not to exceed
$100,000 for employment under 5 U.S.C. 3109; (c) pur-
chase, erection, and alteration of buildings and other pub-
lic improvements (7 U.S.C. 2250); (d) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a;
(e) for expenses pursuant to the Volunteers in the Na-
tional 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, or to implement any reorganization, ‘‘reinvention’’
or other type of organizational restructuring of the Forest
Service without the consent of the House and Senate Com-
mittees on Appropriations.
Any appropriations or funds available to the Forest
Service may be advanced to the Wildland Fire Manage-
ment appropriation and may be used for forest firefighting
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and the emergency rehabilitation of burned-over lands
under its jurisdiction.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agri-
culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C
147b unless the proposed transfer is approved in advance
by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures con-
tained in House Report 103–551.
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 ac-
cordance with the procedures contained in House Report
103–551.
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No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Depart-
ment of Agriculture without the approval of the Chief of
the Forest Service.
Notwithstanding any other provision of the law, any
appropriations or funds available to the Forest Service
may be used to disseminate program information to pri-
vate and public individuals and organizations through the
use of nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur nec-
essary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to
Forest Service programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service
under authority of section 101 of Public Law 93–153 (30
U.S.C. 185(1)) as reimbursement of administrative and
other costs incurred in processing pipeline right-of-way or
permit applications and for costs incurred in monitoring
the construction, operation, maintenance, and termination
of any pipeline and related facilities, may be used to reim-
burse the applicable appropriation to which such costs
were originally charged.
Funds available to the Forest Service shall be avail-
able to conduct a program of not less than $1,000,000
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for high priority projects within the scope of the approved
budget which shall be carried out by the Youth Conserva-
tion Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93–408.
None of the funds available in this Act shall be used
for timber sale preparation using clearcutting in hardwood
stands in excess of 25 percent of the fiscal year 1989 har-
vested volume in the Wayne National Forest, Ohio: Pro-
vided, That this limitation shall not apply to hardwood
stands damaged by natural disaster: Provided further,
That landscape architects shall be used to maintain a vis-
ually pleasing forest.
Any money collected from the States for fire suppres-
sion assistance rendered by the Forest Service on non-
Federal lands not in the vicinity of National Forest Sys-
tem lands shall be used to reimburse the applicable appro-
priation and shall remain available until expended as the
Secretary may direct in conducting activities authorized
by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the For-
est Service is authorized to employ or otherwise contract
with persons at regular rates of pay, as determined by the
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Service, to perform work occasioned by emergencies such
as fires, storms, floods, earthquakes or any other unavoid-
able cause without regard to Sundays, Federal holidays,
and the regular workweek.
To the greatest extent possible, and in accordance
with the Final Amendment to the Shawnee National For-
est Plan, none of the funds available in this Act shall be
used for preparation of timber sales using clearcutting or
other forms of even aged management in hardwood stands
in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public
Law 101–593, funds up to $1,000,000 for matching funds
shall be available for the National Forest Foundation.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural devel-
opment purposes.
Notwithstanding any other provision of law, 80 per-
cent of the funds appropriated to the Forest Service in
the National Forest System and Construction accounts
and planned to be allocated to activities under the ‘‘Jobs
in the Woods’’ program for projects on National Forest
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
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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.
DEPARTMENT OF ENERGY
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority
of the Department of Energy Organization Act (Public
Law 95–91), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing,
use, and disposal of mineral substances without objection-
able 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 Or-
egon, $358,754,000, to remain available until expended:
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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 AND RESCISSION OF FUNDS)
Monies received as investment income on the prin-
cipal amount in the Great Plains Project Trust at the
Norwest Bank of North Dakota, in such sums as are
earned as of October 1, 1996, shall be deposited in this
account and immediately transferred to the General Fund
of the Treasury. Monies received as revenue sharing from
the operation of the Great Plains Gasification Plant shall
be immediately transferred to the General Fund of the
Treasury. Funds are hereby rescinded in the amount of
$2,500,000 from unobligated balances under this head.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petro-
leum and oil shale reserve activities, $143,786,000, to re-
main available until expended: Provided, That the require-
ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
year 1997.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $499,680,000, to remain available
until expended, including, notwithstanding any other pro-
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vision of law, the excess amount for fiscal year 1997 deter-
mined under the provisions of section 3003(d) of Public
Law 
99–509 
(15 
U.S.C. 
4502): 
Provided, 
That
$125,000,000 shall be for use in energy conservation pro-
grams as defined in section 3008(3) of Public Law 99–
509 (15 U.S.C. 4507) and shall not be available until ex-
cess amounts are determined under the provisions of sec-
tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):
Provided further, That notwithstanding section 3003(d)(2)
of Public Law 99–509 such sums shall be allocated to the
eligible programs as follows: $100,000,000 for weatheriza-
tion assistance grants and $25,000,000 for State energy
conservation grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearing and Appeals, $2,725,000, to re-
main available until expended.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program
management activities pursuant to the Energy Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), $220,000,000, to remain available until expended,
of which $220,000,000 shall be repaid from the ‘‘SPR Op-
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erating Fund’’ from amounts made available from the sale
of oil from the Reserve: Provided, That notwithstanding
section 161 of the Energy Policy and Conservation Act,
the Secretary shall draw down and sell in fiscal year 1997
$220,000,000 worth of oil from the Strategic Petroleum
Reserve: Provided further, That the proceeds from the sale
shall be deposited into a special account in the Treasury,
to be established and known as the ‘‘SPR Operating
Fund’’, and shall, upon receipt, be transferred to the Stra-
tegic Petroleum Reserve account for operations of the
Strategic Petroleum Reserve: Provided further, That not-
withstanding any other provision of law, the proceeds from
the sale shall be included in the budget baseline required
by the Balanced Budget and Emergency Deficit Control
Act of 1985 and shall be counted as an offset to discre-
tionary budget authority and outlays for the purposes of
section 251(a)(7) of that Act.
SPR PETROLEUM ACCOUNT
Notwithstanding 42 U.S.C. 6240(d) the United
States share of crude oil in Naval Petroleum Reserve
Numbered 1 (Elk Hills) may be sold or otherwise disposed
of to other than the Strategic Petroleum Reserve: Pro-
vided, That outlays in fiscal year 1997 resulting from the
use of funds in this account shall not exceed $5,000,000.
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ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $66,120,000
to remain available until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of
sums may be made to other agencies of the Government
for the performance of work for which the appropriation
is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs
in an appropriations Act.
The Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation
with other agencies, Federal, State, private or foreign:
Provided, That revenues and other moneys received by or
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for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects
of the Department appropriated under this Act may be
retained by the Secretary of Energy, to be available until
expended, and used only for plant construction, operation,
costs, and payments to cost-sharing entities as provided
in appropriate cost-sharing contracts or agreements: Pro-
vided further, That the remainder of revenues after the
making of such payments shall be covered into the Treas-
ury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be exe-
cuted prior to the expiration of 30 calendar days (not in-
cluding any day in which either House of Congress is not
in session because of adjournment of more than three cal-
endar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the Presi-
dent of the Senate of a full comprehensive report on such
project, including the facts and circumstances relied upon
in support of the proposed project.
No funds provided in this Act may be expended by
the Department of Energy to prepare, issue, or process
procurement documents for programs or projects for
which appropriations have not been made.
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In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from pub-
lic and private sources, to be deposited in a contributed
funds account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $1,779,561,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe
or tribal organization without fiscal year limitation: Pro-
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vided further, That $12,000,000 shall remain available
until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $353,125,000 for con-
tract medical care shall remain available for obligation
until September 30, 1998: Provided further, That of the
funds provided, not less than $11,306,000 shall be used
to carry out the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided
further, That funds provided in this Act may be used for
one-year contracts and grants which are to be performed
in two fiscal years, so long as the total obligation is re-
corded in the year for which the funds are appropriated:
Provided further, That the amounts collected by the Sec-
retary of Health and Human Services under the authority
of title IV of the Indian Health Care Improvement Act
shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Secu-
rity Act (exclusive of planning, design, or construction of
new facilities): Provided further, That of the funds pro-
vided, $7,500,000 shall remain available until expended,
for the Indian Self-Determination Fund, which shall be
available for the transitional costs of initial or expanded
tribal contracts, grants or cooperative agreements with the
Indian Health Service under the provisions of the Indian
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Self-Determination Act: Provided further, That funding
contained herein, and in any earlier appropriations Acts
for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available
for obligation until September 30, 1998: Provided further,
That amounts received by tribes and tribal organizations
under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the
receiving tribes and tribal organizations until expended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities
support 
activities 
of 
the 
Indian 
Health 
Service,
$227,701,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
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funds appropriated for the planning, design, construction
or renovation of health facilities for the benefit of an In-
dian tribe or tribes may be used to purchase land for sites
to construct, improve, or enlarge health or related facili-
ties.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equiva-
lent to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular
buildings and renovation of existing facilities; payments
for telephone service in private residences in the field,
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefore as au-
thorized by 5 U.S.C. 5901–5902; and for expenses of at-
tendance at meetings which are concerned with the func-
tions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided,
That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or In-
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dian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–53) shall be
credited to the account of the facility providing the service
and shall be available without fiscal year limitation: Pro-
vided further, That notwithstanding any other law or regu-
lation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service
shall be administered under Public Law 86–121 (the In-
dian Sanitation Facilities Act) and Public Law 93–638,
as amended: Provided further, That funds appropriated to
the Indian Health Service in this Act, except those used
for administrative and program direction purposes, shall
not be subject to limitations directed at curtailing Federal
travel and transportation: Provided further, That the In-
dian Health Service shall neither bill nor charge those In-
dians who may have the economic means to pay unless
and until such time as Congress has agreed upon a specific
policy to do so and has directed the Indian Health Service
to implement such a policy: Provided further, That not-
withstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by
title I or title III of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may
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be deobligated and reobligated to a self-determination con-
tract under title I, or a self-governance agreement under
title III of such Act and thereafter shall remain available
to the tribe or tribal organization without fiscal year limi-
tation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall
be used to implement the final rule published in the Fed-
eral Register on September 16, 1987, by the Department
of Health and Human Services, relating to the eligibility
for the health care services of the Indian Health Service
until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included
in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be
apportioned to the Indian Health Service as appropriated
in this Act, and accounted for in the appropriation struc-
ture set forth in this Act: Provided further, That funds
received from any source, including tribal contractors and
compactors for previously transferred functions which
tribal contractors and compactors no longer wish to retain,
for services, goods, or training and technical assistance,
shall be retained by the Indian Health Service and shall
remain available until expended by the Indian Health
Service: Provided further, That reimbursements for train-
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ing, technical assistance, or services provided by the In-
dian Health Service will contain total costs, including di-
rect, administrative, and overhead associated with the pro-
vision of goods, services, or technical assistance: Provided
further, That the appropriation structure for the Indian
Health Service may not be altered without advance ap-
proval of the House and Senate Committees on Appropria-
tions.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent
not otherwise provided, title IX, part A of the Elementary
and Secondary Education Act of 1965, as amended, and
section 215 of the Department of Education Organization
Act, $52,500,000.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $20,345,000, to remain available until expended:
Provided, That funds provided in this or any other appro-
priations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-parti-
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tioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not in-
cluded in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may
be used by the Office of Navajo and Hopi Indian Reloca-
tion to evict any single Navajo or Navajo family who, as
of November 30, 1985, was physically domiciled on the
lands partitioned to the Hopi Tribe unless a new or re-
placement home is provided for such household: Provided
further, That no relocatee will be provided with more than
one new or replacement home: Provided further, That the
Office shall relocate any certified eligible relocatees who
have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off
the Navajo reservation or on the land acquired pursuant
to 25 U.S.C. 640d–10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as author-
ized by title XV of Public Law 99–498, as amended (20
U.S.C. 56, part A), $5,500,000.
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SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields
of art, science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
(for terms not to exceed thirty years), and protection of
buildings, facilities, and approaches; not to exceed
$100,000 for services as authorized by 5 U.S.C. 3109; up
to 5 replacement passenger vehicles; purchase, rental, re-
pair, 
and 
cleaning 
of 
uniforms 
for 
employees;
$317,188,000, of which not to exceed $31,664,000 for the
instrumentation program, collections acquisition, Museum
Support Center equipment and move, exhibition reinstalla-
tion, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equip-
ment, information management, and Latino programming
shall remain available until expended, and including such
funds as may be necessary to support American overseas
research centers and a total of $125,000 for the Council
of American Overseas Research Centers: Provided, That
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funds appropriated herein are available for advance pay-
ments to independent contractors performing research
services or participating in official Smithsonian presen-
tations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL
ZOOLOGICAL PARK
For necessary expenses of planning, construction, re-
modeling, and equipping of buildings and facilities at the
National Zoological Park, by contract or otherwise,
$3,250,000, to remain available until expended.
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institu-
tion, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), including
not to exceed $10,000 for services as authorized by 5
U.S.C. 3109, $39,954,000, to remain available until ex-
pended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
restoration of buildings of the Smithsonian Institution
may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
CONSTRUCTION
For necessary expenses for construction, $7,000,000,
to remain available until expended.
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NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gal-
lery of Art, the protection and care of the works of art
therein, and administrative expenses incident thereto, as
authorized by the Act of March 24, 1937 (50 Stat. 51),
as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for
membership in library, museum, and art associations or
societies whose publications or services are available to
members only, or to members at a price lower than to the
general public; purchase, repair, and cleaning of uniforms
for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901–5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alter-
ation, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals,
firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem prop-
er, $53,899,000, of which not to exceed $3,026,000 for
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the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $5,942,000, to remain available
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art
may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING
ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, mainte-
nance and security of the John F. Kennedy Center for
the Performing Arts, $10,875,000.
CONSTRUCTION
For necessary expenses of capital repair and rehabili-
tation of the existing features of the building and site of
the John F. Kennedy Center for the Performing Arts,
$9,000,000, to remain available until expended.
HR 3662 RH
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $5,840,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $82,734,000, shall be available to the Na-
tional Endowment for the Arts for the support of projects
and productions in the arts through assistance to organi-
zations and individuals pursuant to section 5(c) of the Act,
and for administering the functions of the Act, to remain
available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $16,760,000, to remain available
until expended, to the National Endowment for the Arts:
Provided, That this appropriation shall be available for ob-
ligation only in such amounts as may be equal to the total
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amounts of gifts, bequests, and devises of money, and
other property accepted by the Chairman or by grantees
of the Endowment under the provisions of section
10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during
the current and preceding fiscal years for which equal
amounts have not previously been appropriated.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $92,994,000 shall be available to the Na-
tional Endowment for the Humanities for support of ac-
tivities in the humanities, pursuant to section 7(c) of the
Act, and for administering the functions of the Act, to
remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $11,500,000, to remain available
until expended, of which $7,500,000 shall be available to
the National Endowment for the Humanities for the pur-
poses of section 7(h): Provided, That this appropriation
shall be available for obligation only in such amounts as
may be equal to the total amounts of gifts, bequests, and
devises of money, and other property accepted by the
Chairman or by grantees of the Endowment under the
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provisions of subsections 11(a)(2)(B) and 11(a)(3)(B)
during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
INSTITUTE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $21,000,000,
to remain available until expended.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used
to process any grant or contract documents which do not
include the text of 18 U.S.C. 1913: Provided, That none
of the funds appropriated to the National Foundation on
the Arts and the Humanities may be used for official re-
ception and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $867,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (20 U.S.C. 956(a)), as amended, $6,000,000.
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ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on
Historic Preservation (Public Law 89–665, as amended),
$2,500,000: Provided, That none of these funds shall be
available for the compensation of Executive Level V or
higher position.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the Na-
tional Capital Planning Act of 1952 (40 U.S.C 71–71i),
including services as authorized by 5 U.S.C. 3109,
$5,390,000: Provided, That all appointed members will be
compensated at a rate not to exceed the rate for Executive
Schedule Level IV.
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roo-
sevelt Memorial Commission, established by the Act of Au-
gust 11, 1955 (69 Stat. 694), as amended by Public Law
92–332 (86 Stat. 401), $125,000.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96–388 (36 U.S.C. 1401), as
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amended, $29,707,000, of which $1,575,000 for the Muse-
um’s repair and rehabilitation program and $1,264,000
for the Museum’s exhibitions program shall remain avail-
able until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive Order issued pursuant to existing law.
SEC. 302. No part of any appropriation under this
Act shall be available to the Secretary of the Interior or
the Secretary of Agriculture for the leasing of oil and nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access
to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative
proposal on which congressional action is not complete.
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SEC. 304. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 305. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department
or agency except as otherwise provided by law.
SEC. 306. No assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless advance notice of such assessments and
the basis therefor are presented to the Committees on Ap-
propriations and are approved by such Committees.
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c; popularly known as the ‘‘Buy American Act’’).
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
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available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each Federal agen-
cy shall provide to each recipient of the assistance
a notice describing the statement made in paragraph
(1) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 308. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classi-
fied as giant sequoia (Sequoiadendron giganteum) which
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are located on National Forest System or Bureau of Land
Management lands in a manner different than such sales
were conducted in fiscal year 1995.
SEC. 309. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
SEC. 310. Where the actual costs of construction
projects under self-determination contracts, compacts, or
grants, pursuant to Public Laws 93–638, 103–413, or
100–297, are less than the estimated costs thereof, use
of the resulting excess funds shall be determined by the
appropriate Secretary after consultation with the tribes.
SEC. 311. Notwithstanding Public Law 103–413,
quarterly payments of funds to tribes and tribal organiza-
tions under annual funding agreements pursuant to sec-
tion 108 of Public Law 93–638, as amended, may be made
on the first business day following the first day of a fiscal
quarter.
SEC. 312. None of the funds appropriated or other-
wise made available by this Act may be used for the
AmeriCorps program, unless the relevant agencies of the
Department of the Interior and/or Agriculture follow ap-
propriate reprogramming guidelines: Provided, That if no
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funds are provided for the AmeriCorps program by the
VA–HUD and Independent Agencies fiscal year 1997 ap-
propriations bill, then none of the funds appropriated or
otherwise made available by this Act may be used for the
AmeriCorps programs.
SEC. 313. None of the funds made available in this
Act may be used (1) to demolish the bridge between Jersey
City, New Jersey, and Ellis Island; or (2) to prevent pe-
destrian use of such bridge, when it is made known to
the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with gen-
erally accepted safety standards.
SEC. 314. (a) None of the funds appropriated or oth-
erwise made available pursuant to this Act shall be obli-
gated or expended to accept or process applications for
a patent for any mining or mill site claim located under
the general mining laws.
(b) The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994, and (2)
all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein
or lode claims and sections 2329, 2330, 2331, and 2333
of the Revised Statutes (30 U.S.C. 35, 36, and 37) for
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placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be,
were fully complied with by the applicant by that date.
(c) PROCESSING SCHEDULE.—For those applications
for patents pursuant to subsection (b) which were filed
with the Secretary of the Interior, prior to September 30,
1994, the Secretary of the Interior shall—
(1) Within three months of the enactment of
this Act, file with the House and Senate Committees
on Appropriations and the Committee on Resources
of the House of Representatives and the Committee
on Energy and Natural Resources of the United
States Senate a plan which details how the Depart-
ment of the Interior will make a final determination
as to whether or not an applicant is entitled to a
patent under the general mining laws on at least 90
percent of such applications within five years of the
enactment of this Act and file reports annually
thereafter with the same committees detailing ac-
tions taken by the Department of the Interior to
carry out such plan; and
(2) Take such actions as may be necessary to
carry out such plan.
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
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upon the request of a patent applicant, the Secretary of
the Interior shall allow the applicant to fund a qualified
third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent appli-
cation as set forth in subsection (b). The Bureau of Land
Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
SEC. 315. None of the funds appropriated or other-
wise made available by this Act may be used for the pur-
poses of acquiring lands in the counties of Lawrence, Mon-
roe, or Washington, Ohio, for the Wayne National Forest.
SEC. 316. Of the funds provided to the National En-
dowment for the Arts:
(a) The Chairperson shall only award a grant
to an individual if such grant is awarded to such in-
dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship.
(b) The Chairperson shall establish procedures
to ensure that no funding provided through a grant,
except a grant made to a State, regional or local
group, may be used to make a grant to any other