H. R. 2107—63
conducted and legislation addressing these issues should be brought
before the full Senate for debate and passage during this Congress.
SEC. 346. (a) In providing services or awarding financial assist-
ance under the National Foundation on the Arts and the Human-
ities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a population
of individuals who have historically been outside the purview
of arts and humanities programs due to factors such as a
high incidence of income below the poverty line or to geographic
isolation.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to
a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
and
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act.
(e) Section 6(b) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 955(b)) is amended to read
as follows:
‘‘(b) APPOINTMENT
AND COMPOSITION
OF COUNCIL.—(1) The
Council shall be composed of members as follows:
‘‘(A) The Chairperson of the National Endowment for the
Arts, who shall be the chairperson of the Council.
‘‘(B) Members of Congress appointed for a 2-year term
beginning on January 1 of each odd-numbered year as follows:
‘‘(i) Two Members of the House of Representatives
appointed by the Speaker of the House of Representatives.
‘‘(ii) One Member of the House of Representatives
appointed by the Minority Leader of the House of Rep-
resentatives.
‘‘(iii) One Senator appointed by the Majority Leader
of the Senate.
H. R. 2107—64
‘‘(iv) One Senator appointed by the Minority Leader
of the Senate.
Members of the Council appointed under this subparagraph
shall serve ex officio and shall be nonvoting members of the
Council.
‘‘(C) 14 members appointed by the President, by and with
the advice and consent of the Senate, who shall be selected—
‘‘(i) from among private citizens of the United States
who—
‘‘(I) are widely recognized for their broad knowl-
edge of, or expertise in, or for their profound interest
in the arts; and
‘‘(II) have established records of distinguished serv-
ice, or achieved eminence, in the arts;
‘‘(ii) so as to include practicing artists, civic cultural
leaders, members of the museum profession, and others
who are professionally engaged in the arts; and
‘‘(iii) so as collectively to provide an appropriate dis-
tribution of membership among major art fields and
interested citizens groups.
In making such appointments, the President shall give due regard
to equitable representation of women, minorities, and individuals
with disabilities who are involved in the arts and shall make
such appointments so as to represent equitably all geographical
areas in the United States.
‘‘(2) TRANSITION TO THE NEW COUNCIL COMPOSITION.—
‘‘(A) Notwithstanding subsection (b)(1)(B), members first
appointed pursuant to such subsection shall be appointed not
later than December 31, 1997. Notwithstanding such sub-
section, such members shall be appointed to serve until Decem-
ber 31, 1998.
‘‘(B) Members of the Council serving on the effective date
of this subsection may continue to serve on the Council until
their current terms expire and new members shall not be
appointed under subsection (b)(1)(C) until the number of Presi-
dentially appointed members is less than 14.’’.
(f) Section 6(c) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 955(c)) is amended—
(1) by inserting ‘‘appointed under subsection (b)(1)(C)’’ after
‘‘member’’ each place it appears; and
(2) in the second sentence by inserting ‘‘appointed under
subsection (b)(1)(C)’’ after ‘‘members’’.
SEC. 347. No timber sale in Region 10 shall be advertised
which, when using domestic Alaska western red cedar selling values
and manufacturing costs, fails to provide at least 60 percent of
normal profit and risk of the appraised timber, except at the written
request by a prospective bidder. Program accomplishments shall
be based on volume sold. Should Region 10 sell, in fiscal year
1998, the annual average portion of the decadal allowable sale
quantity called for in the current Tongass Land Management Plan
which provides greater than 60 percent of normal profit and risk
at the time of the sale advertisement, all of the western red cedar
timber from those sales which is surplus to the needs of domestic
processors in Alaska, shall be made available to domestic processors
in the contiguous 48 States at domestic rates. Should Region 10
sell, in fiscal year 1998, less than the annual average portion
of the decadal allowable sale quantity called for in the current
H. R. 2107—65
Tongass Land Management Plan meeting the 60 percent of the
normal profit and risk standard at the time of advertisement,
the volume of western red cedar available to domestic processors
at domestic rates in the contiguous 48 States shall be that volume:
(1) which is surplus to the needs of domestic processors in Alaska;
and (2) is that percent of the surplus western red cedar volume
determined by calculating the ratio of the total timber volume
which has been sold on the Tongass to the annual average portion
of the decadal allowable sale quantity called for in the current
Tongass Land Management Plan. All additional western red cedar
volume not sold to Alaska or contiguous 48 States domestic proc-
essors may be exported and sold at export rates at the election
of the timber sale holder. All Alaska yellow cedar may be sold
at export rates at the election of the timber sale holder.
SEC. 348. None of the funds in this Act may be used for
planning, design or construction of improvements to Pennsylvania
Avenue in front of the White House without the advance approval
of the House and Senate Committees on Appropriations.
SEC. 349. IMPLEMENTATION OF NEW GUIDELINES ON NATIONAL
FORESTS IN ARIZONA AND NEW MEXICO.—(a) Notwithstanding any
other provision of law, none of the funds made available under
this or any other Act may be used for the purposes of executing
any adjustments to annual operating plans, allotment management
plans, or terms and conditions of existing grazing permits on
National Forests in Arizona and New Mexico, which are or may
be deemed necessary to achieve compliance with 1996 amendments
to the applicable forest plans, until March 1, 1998, or such time
as the Forest Service publishes a schedule for implementing pro-
posed changes, whichever occurs first.
(b) Nothing in this section shall be interpreted to preclude
the expenditure of funds for the development of annual operating
plans, allotment management plans, or in developing modifications
to grazing permits in cooperation with the permittee.
(c) Nothing in this section shall be interpreted to change author-
ity or preclude the expenditure of funds pursuant to section 504
of the 1995 Rescissions Act (Public Law 104–19).
SEC. 
350. 
PAYMENTS
FOR
ENTITLEMENT
LAND.—Section
6901(2)(A)(i) of title 31, United States Code, is amended by inserting
‘‘(other than in Alaska)’’ after ‘‘city’’ the first place such term
appears.
SEC. 351. Strike section 103(c)(7) of Public Law 104–333 and
insert the following:
‘‘(7) STAFF.—Notwithstanding any other provisions of law,
the Trust is authorized to appoint and fix the compensation
and duties and terminate the services of an executive director
and such other officers and employees as it deems necessary
without regard to the provisions of title 5, United States Code,
or other laws related to the appointment, compensation or
termination of Federal employees.’’.
TITLE IV—ENVIRONMENTAL IMPROVEMENT AND
RESTORATION FUND
SEC. 401. (a) FUND.—One half of the amounts awarded by
the Supreme Court to the United States in the case of United
States of America v. State of Alaska (117 S.Ct. 1888) shall be
deposited in a fund in the Treasury of the United States to be
H. R. 2107—66
known as the ‘‘Environmental Improvement and Restoration Fund’’
(referred to in this section as the ‘‘Fund’’).
(b) INVESTMENTS.—
(1) IN GENERAL.—The Secretary of the Treasury shall invest
amounts in the Fund in interest bearing obligations of the
United States.
(2) ACQUISITION
OF
OBLIGATIONS.—For the purpose of
investments under paragraph (1), obligations may be acquired—
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the mar-
ket price.
(3) SALE
OF
OBLIGATIONS.—Any obligations acquired by
the Fund may be sold by the Secretary of the Treasury at
the market price.
(4) CREDITS TO FUND.—The interest earned from invest-
ments of the Fund shall be covered into and form a part
of the Fund.
(c) TRANSFER AND AVAILABILITY OF AMOUNTS EARNED.—Each
year, interest earned and covered into the Fund in the previous
fiscal year shall be available for appropriation, to the extent pro-
vided in the subsequent appropriations Acts, as follows:
(1) 80 percent of such amounts shall be made available
to be equally divided among the Directors of the National
Park Service, the United States Fish and Wildlife Service,
the Bureau of Land Management, and the Chief of the Forest
Service for high priority deferred maintenance and moderniza-
tion of facilities that directly enhance the experience of visitors,
including natural, cultural, recreational, and historic resources
protection projects in National Parks, National Wildlife Ref-
uges, and the public lands respectively as provided in subsection
(d) and for payment to the State of Louisiana and its lessees
for oil and gas drainage in the West Delta field. The Secretary
shall submit with the annual budget submission to Congress
a list of high priority maintenance and modernization projects
for congressional consideration.
(2) 20 percent of such amounts shall be made available
to the Secretary of Commerce for the purpose of carrying out
marine research activities in the North Pacific in accordance
with subsection (e).
(d) PROJECTS.—A project referred to in subsection (c)(1) shall
be consistent with the laws governing the National Park System,
the National Wildlife Refuge System, the public lands and Forest
Service lands and management plan for such unit.
(e) MARINE RESEARCH ACTIVITIES.—(1) Funds available under
subsection (c)(2) shall be used by the Secretary of Commerce accord-
ing to this subsection to provide grants to Federal, State, private
or foreign organizations or individuals to conduct research activities
on or relating to the fisheries or marine ecosystems in the north
Pacific Ocean, Bering Sea, and Arctic Ocean (including any lesser
related bodies of water).
(2) Research priorities and grant requests shall be reviewed
and recommended for Secretarial approval by a board to be known
as the North Pacific Research Board (referred to in this subsection
as the ‘‘Board’’). The Board shall seek to avoid duplicating other
research activities, and shall place a priority on cooperative research
efforts designed to address pressing fishery management or marine
ecosystem information needs.