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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.
Notwithstanding any other provision of law, no
funds available to the Bureau of Indian Affairs for
central office operations or pooled overhead general ad-
ministration shall be available for tribal contracts, grants,
compacts, or cooperative agreements with the Bureau of
Indian Affairs under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of
1994 (Public Law 103–413).
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DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$65,188,000, of which (1) $61,339,000 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
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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
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
section 703(a) of Public Law 94–241, as amended, is
hereby amended by striking ‘‘of the Government of the
Northern Mariana Islands’’: Provided further, That of the
amounts provided for technical assistance, sufficient fund-
ing shall be made available for a grant to the Close Up
Foundation: Provided further, That the funds for the pro-
gram of operations and maintenance improvement are ap-
propriated to institutionalize routine operations and main-
tenance improvement of capital infrastructure in Amer-
ican Samoa, Guam, the Virgin Islands, the Commonwealth
of the Northern Mariana Islands, the Republic of Palau,
the Republic of the Marshall Islands, and the Federated
States of Micronesia through assessments of long-range
operations maintenance needs, improved capability of local
operations and maintenance institutions and agencies (in-
cluding management and vocational education training),
and project-specific maintenance (with territorial partici-
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pation and cost sharing to be determined by the Secretary
based on the individual territory’s commitment to timely
maintenance of its capital assets): Provided further, That
any appropriation for disaster assistance under this head
in this Act or previous appropriations Acts may be used
as non-Federal matching funds for the purpose of hazard
mitigation grants provided pursuant to section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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,
$23,538,000, 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, $58,286,000, of which not to ex-
ceed $7,500 may be for official reception and representa-
tion expenses, and of which up to $2,000,000 shall be
available for workers compensation payments and unem-
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ployment compensation payments associated with the or-
derly closure of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$35,443,000.
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-
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.
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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, $32,126,000, 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,
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-
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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
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-
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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-
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-
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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
(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-
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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
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-
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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
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. 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
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fiscal year 1997 appropriation for operation of the Pre-
sidio: Provided, That prior to the transfer of any Presidio
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 December
31, 1996.
SEC. 108. No final rule or regulation of any agency
of the Federal Government pertaining to the recognition,
management, or validity of a right-of-way pursuant to Re-
vised Statute 2477 (43 U.S.C. 932) shall take effect un-
less expressly authorized by an Act of Congress subse-
quent to the date of enactment of this Act.
SEC. 109. 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. 110. 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
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capitalize such fund: Provided further, That such fund
shall be paid in advance from funds available to the De-
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. 114. Public Law 102–495 is amended by adding
the following new section:
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‘‘SEC. 10. WASHINGTON STATE REMOVAL OPTION.
‘‘(a) Upon appropriation of $29,500,000 for the
Federal government to acquire the projects in the State
of Washington pursuant to this Act, the State of Wash-
ington may, upon the submission to Congress of a bind-
ing agreement to remove the projects within a reasonable
period of time, purchase the projects from the Federal
government for $2. Such a binding agreement shall pro-
vide for the full restoration of the Elwha River ecosystem
and native anadromous fisheries, for protection of the ex-
isting quality and availability of water from the Elwha
River for municipal and industrial uses from possible ad-
verse impacts of dam removal, and for fulfillment by the
State of each of the other obligations of the Secretary
under this Act.
‘‘(b) Upon receipt of the payment pursuant to
subsection (a), the Federal government shall relinquish
ownership and title of the projects to the State of Wash-
ington.
‘‘(c) Upon the purchase of the projects by the
State of Washington, section 3(a), (c), and (d), and sec-
tions 4, 7, and 9 of this Act are hereby repealed, and the
remaining sections renumbered accordingly.’’.
SEC. 115. Section 7 of Public Law 99–647 (16
U.S.C. 461 note) is amended to read as follows:
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‘‘SEC. 7. TERMINATION OF COMMISSION.
‘‘The Commission shall terminate on November 10,
1997.’’.
SEC. 116. The Congress of the United States hereby
designates and ratifies the assignment to the University
of Utah as successor to, and beneficiary of, all the existing
assets, revenues, funds and rights granted to the State
of Utah under the Miners Hospital Grant (February 20,
1929, 45 Stat. 1252) and the School of Mines Grant (July
26, 1894, 28 Stat. 110). Further, the Secretary of the
Interior is authorized and directed to accept such relin-
quishment of all remaining and unconveyed entitlement
for quantity grants owed the State of Utah for the Miners
Hospital Grant (February 20, 1929, 45 Stat. 1252) and
any unconveyed entitlement that may remain for the Uni-
versity of Utah School of Mines Grant (July 26, 1894,
28 Stat. 110).
SEC. 117. Section 402(b)(1) of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 458bb)
is amended to read as follows: ‘‘(1) In addition to those
Indian tribes participating in self-governance under sub-
section (a) of this section, the Secretary, acting through
the Director of the Office of Self-Governance, may select
up to 50 new tribes per year from the applicant pool de-
scribed in subsection (c) of this section to participate in
self-governance.’’.
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SEC. 118. In fiscal year 1997 and thereafter, the In-
dian Arts and Crafts Board may charge admission fees
at its museums; charge rent and/or franchise fees for
shops located in its museums; publish and sell publica-
tions; sell or rent or license use of photographs or other
images in hard copy or other forms; license the use of de-
signs, in whole or in part, by others; charge for consulting
services provided to others; and may accept the services
of volunteers to carry out its mission: Provided, That all
revenue derived from such activities is covered into the
special fund established by section 4 of Public Law 74–
355 (25 U.S.C. 305c).
SEC. 119. TRANSFER OF CERTAIN BUREAU OF LAND
MANAGEMENT FACILITIES.—
(a) BATTLE
MOUNTAIN, NEVADA.—Not later
than 30 days after the date of enactment of this
Act, the Secretary of the Interior, acting through
the Director of the Bureau of Land Management,
shall transfer to Lander County, Nevada, without
consideration, title to the former Bureau of Land
Management administrative site and associated
buildings in Battle Mountain, Nevada.
(b) WINNEMUCCA, NEVADA.—
(1) TRANSFER.—Not later than 30 days
after the date of enactment of this Act, the Sec-
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retary of the Interior, acting through the Direc-
tor of the Bureau of Land Management, shall
transfer to the State of Nevada, without consid-
eration, title to the surplus Bureau of Land
Management 
District 
Office 
building 
in
Winnemucca, Nevada.
(2) USE.—The transfer under paragraph
(1) is made with the intent that the building
shall be available to meet the needs of the De-
partment of Conservation and Natural Re-
sources of the State of Nevada.
SEC. 120. ALASKA AVIATION HERITAGE.—
(a) FINDINGS.—The Congress finds that—
(1) the Department of the Interior’s
Grumman Goose G21–A aircraft number N789
is to be retired from several decades of active
service in the State of Alaska in 1996; and
(2) the aircraft is of significant historic
value to the people of the State of Alaska.
(b) DONATION OF AIRCRAFT.—The Secretary of
the Interior shall transfer the Grumman Goose
G21–A aircraft number N789 to the Alaska Aviation
Heritage Museum in Anchorage, Alaska, at no cost
to the museum, for permanent display.
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SEC. 121. The Mesquite Lands Act of 1988 is amend-
ed by adding the following at the end of section 3:
‘‘(d) FOURTH AREA.—(1) No later than ten years
after the date of enactment of this Act, the City of Mes-
quite shall notify the Secretary as to which if any of the
public lands identified in paragraph (2) of this subsection
the city wishes to purchase.
‘‘(2) For a period of twelve years after the date of
enactment of this Act, the city shall have exclusive right
to purchase the following parcels of public lands:
‘‘Parcel A—East 1⁄2 Sec. 6, T. 13 S., R. 71 E.,
Mount Diablo Meridian; Sec. 5, T. 13 S., R. 71 E.,
Mount Diablo Meridian; West 1⁄2 Sec. 4, T. 13 S.,
R. 71 E., Mount Diablo Meridian; East 1⁄2, West 1⁄2
Sec. 4, T. 13 S., R. 71 E., Mount Diablo Meridian.
‘‘Parcel B—North 1⁄2 Sec. 7, T. 13 S., R. 71
E., Mount Diablo Meridian; South East 1⁄4 Sec. 12,
T. 13 S., R. 70 E., Mount Diablo Meridian; East
1⁄2, North East 1⁄4 Sec. 12, T. 13 S., R. 70 E.,
Mount Diablo Meridian; East 1⁄2, West 1⁄2 North
East 1⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo
Meridian.
‘‘Parcel C—West 1⁄2 Sec. 6, T. 13 S., R. 71 E.,
Mount Diablo Meridian; Sec. 1, T. 13 S., R. 70 E.,
Mount Diablo Meridian; West 1⁄2, West 1⁄2, North
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East 1⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo
Meridian; North West 1⁄4 Sec. 13, S., R. 70 E.,
Mount Diablo Meridian; West 1⁄2 Sec. 12, T. 13 S.,
R. 70 E., Mount Diablo Meridian; East 1⁄2, South
East 1⁄4, Sec. 11, T. 13 S., R. 70 E., Mount Diablo
Meridian; East 1⁄2 North East 1⁄4, Sec. 14, T. 13 S.,
R. 70 E., Mount Diablo Meridian.
‘‘Parcel D—South 1⁄2 Sec. 14, T. 13 S., R. 70
E., Mount Diablo Meridian; South West 1⁄4, Sec. 13,
T. 13 S., R. 70 E., Mount Diablo Meridian; Portion
of section 23, North of Interstate 15, T. 13 S., R.
70 E., Mount Diablo Meridian; Portion of section
24, North of Interstate 15, T. 13 S., R. 70 E.,
Mount Diablo Meridian; Portion of section 26,
North of Interstate 15, T. 13 S., R. 70 E., Mount
Diablo Meridian.’’
SEC. 122. Father Aull Site Transfer.—
(a) This section may be cited as the ‘‘Father Aull
Site Transfer Act of 1996’’.
(b) FINDINGS.—Congress finds that—
(1) the buildings and grounds developed by Fa-
ther Roger Aull located on public domain land near
Silver City, New Mexico, are historically significant
to the citizens of the community;
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(2) vandalism at the site has become increas-
ingly destructive and frequent in recent years;
(3) because of the isolated location and the dis-
tance from other significant resources and agency
facilities, the Bureau of Land Management has been
unable to devote sufficient resources to restore and
protect the site from further damage; and
(4) St. Vincent DePaul Parish in Silver City,
New Mexico, has indicated an interest in, and devel-
oped a sound proposal for the restoration of the site,
such that the site could be permanently occupied
and used by the community.
(c) CONVEYANCE OF PROPERTY.—Subject to valid
existing rights, all right, title and interest of the United
States in and to the land (including improvements on the
land), consisting of approximately 43.06 acres, located ap-
proximately 10 miles east of Silver City, New Mexico, and
described as follows: T. 17 S., R. 12 W., Section 30: Lot
13, and Section 31: Lot 27 (as generally depicted on the
map dated July 1995) is hereby conveyed by operation of
law to St. Vincent DePaul Parish in Silver City, New Mex-
ico, without consideration.
(d) RELEASE.—Upon the conveyance of any land or
interest in land identified in this section of St. Vincent
DePaul Parish, St. Vincent DePaul Parish shall assume
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any liability for any claim relating to the land or interest
in the land arising after the date of the conveyance.
(e) MAP.—The map referred to in this section shall
be on file and available for public inspection in—
(1) the State of New Mexico Office of the Bu-
reau of Land Management, Santa Fe, New Mexico;
and
(2) the Las Cruces District Office of the Bu-
reau of Land Management, Las Cruces, New Mex-
ico.
SEC. 123. The second proviso under the heading
‘‘Bureau of Mines, Administrative Provisions’’ of Public
Law 104–134 is amended by inserting after the word
‘‘authorized’’ the word ‘‘hereafter’’.
SEC. 124. Watershed Restoration and Enhance-
ment Agreements.
(a) IN GENERAL.—For fiscal year 1997 and each
fiscal year thereafter, appropriations made for the Bu-
reau of Land Management may be used by the Secretary
of the Interior for the purpose of entering into coopera-
tive agreements with willing private landowners for res-
toration and enhancement of fish, wildlife, and other bi-
otic resources on public or private land or both that bene-
fit these resources on public lands within the watershed.
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(b) DIRECT AND INDIRECT WATERSHED AGREE-
MENTS.—The Secretary of the Interior may enter into a
watershed restoration and enhancement agreement—
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a
state, local, or tribal government or other public en-
tity, educational institution, or private nonprofit or-
ganization.
(c) TERMS AND CONDITIONS.—In order for the
Secretary to enter into a watershed restoration and en-
hancement agreement—
(1) the agreement shall—
(A) include such terms and conditions mu-
tually agreed to by the Secretary and the land-
owner;
(B) improve the viability of and otherwise
benefit the fish, wildlife, and other biotic re-
sources on public land in the watershed;
(C) authorize the provision of technical as-
sistance by the Secretary in the planning of
management activities that will further the pur-
poses of the agreement;
(D) provide for the sharing of costs of im-
plementing the agreement among the Federal
government, the landowner, and other entities,
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as mutually agreed on by the affected interests;
and
(E) ensure that any expenditure by the
Secretary pursuant to the agreement is deter-
mined by the Secretary to be in the public in-
terest; and
(2) the Secretary may require such other terms
and conditions as are necessary to protect the public
investment on private lands, provided such terms
and conditions are mutually agreed to by the Sec-
retary and the landowner.
SEC. 125. Visitor Center Designation at Channel
Islands National Park.
(a) The visitor center at Channel Islands National
Park, California, is hereby designated as the ‘‘Robert J.
Lagomarsino Visitor Center’’.
(b) Any reference in law, regulation, paper,
record, map, or any other document in the United States
to the visitor center referred to in subsection (a) shall be
deemed to be a reference to the ‘‘Robert J. Lagomarsino
Visitor Center’’.
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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, $179,786,000, to remain
available until expended.
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, $155,461,000, to remain
available until expended, as authorized by law: Provided,
That of funds available under this heading for Pacific
Northwest Assistance in this or prior appropriations Acts.
$750,000 shall be provided to the World Forestry Center
for purposes of continuing scientific research and other
authorized efforts regarding the land exchange efforts in
the Umpqua River Basin region.
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,’’
$1,274,781,000, to remain available until expended, and
including 50 per centum of all monies received during the
prior fiscal year as fees collected under the Land and
Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l–
6a(i)): Provided, That up to $5,000,000 of the funds pro-
vided herein for road maintenance shall be available for
the planned obliteration of roads which are no longer need-
ed.
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
lands, $530,016,000, 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-
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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, $174,974,000, 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 as the federal share of the cost
of construction of a new facility to be occupied jointly by
the Forest Service and the Ohio State Highway Patrol:
Provided further, That an agreed upon lease of space in
the new facility shall be provided to the Forest Service
without charge for the life of the building.
LAND ACQUISITION
For expenses necessary to carry out the provisions
of the Land and Water Conservation Fund Act of 1965,
as amended (16 U.S.C. 460l–4–11), including administra-
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tive expenses, and for acquisition of land or waters, or in-
terest therein, in accordance with statutory authority ap-
plicable to the Forest Service, $40,575,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior 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, such sums, to be derived
from funds deposited by State, county, or municipal gov-
ernments, public school districts, or other public school au-
thorities pursuant to the Act of December 4, 1967, as
amended (16 U.S.C. 484a), to remain available until ex-
pended.
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-
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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-
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
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$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 for research, State and private forestry, or National
Forest System administration of the Forest Service, De-
partment of Agriculture, or to implement any reorganiza-
tion, ‘‘reinvention’’ or other type of organizational restruc-
turing of the Forest Service, other than the relocation of
the Regional Office for Region 5 of the Forest Service
from San Francisco to excess military property at Mare
Island, Vallejo, California, without the consent of the
House and Senate Committees on Appropriations.
Any funds available to the Forest Service may be
used for retrofitting Mare Island facilities to accommodate
the relocation: Provided, That funds for the move must
come from funds otherwise available to Region 5: Provided
further, That any funds to be provided for such purposes
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shall only be available upon approval of the House and
Senate Committees 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
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.
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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.
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
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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
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.
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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
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 Founda-
tion on a one-for-one basis to match private contributions
for projects on or benefitting National Forest System
lands or related to Forest Service programs.
Pursuant to section 2(b)(2) of Public Law 98–244,
up to $1,000,000 of the funds available to the Forest
Service shall be available for matching funds, as author-
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ized in 16 U.S.C. 3701–3709, on a one-for-one basis to
match private contributions for projects on or benefitting
National Forest System lands or related to Forest Service
programs.
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
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
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14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
663.
The Secretary of Agriculture shall by March 31,
1997 report to the Committees on Appropriations of the
House of Representatives and the Senate on the status
and disposition of all salvage timber sales started under
the authority of Section 2001 of Public Law 104–19 and
subsequently withdrawn or delayed and completed under
different authorities as a consequence of the July 2, 1996
directive on the implementation of Section 2001 issued
by the Secretary.
The 
Pacific 
Northwest 
Research 
Station
Silviculture Laboratory in Bend, Oregon is hereby named
the ‘‘Robert W. Chandler Building’’.
For purposes of the Southeast Alaska Economic
Disaster Fund as set forth in section 101(c) of Public
Law 104–134, the direct grants provided in subsection
(c) shall be considered direct payments for purposes of all
applicable law except that these direct grants may not be
used for lobbying activities.
No employee of the Department of Agriculture
may be detailed or assigned from an agency or office
funded by this Act to any other agency or office of the
Department for more than 30 days unless the individ-
ual’s employing agency or office is fully reimbursed by
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the receiving agency or office for the salary and expenses
of the employee for the period of assignment.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(RESCISSION)
Of the funds made available under this heading for
obligation in fiscal year 1997 or prior years, $123,000,000
are rescinded: Provided, That funds made available in pre-
vious appropriations Acts shall be available for any ongo-
ing project regardless of the separate request for proposal
under which the project was selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority
of the Department of Energy Organization Act (Public
Law 95–91), including the acquisition of interest, 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, $364,704,000, to remain available until expended:
Provided, That no part of the sum herein made available
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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, $569,762,000, to remain available
until expended, including, notwithstanding any other pro-
vision of law, the excess amount for fiscal year 1997 deter-
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mined under the provisions of section 3003(d) of Public
Law 
99–509 
(15 
U.S.C. 
4502): 
Provided, 
That
$149,845,000 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: $120,845,000 for weatheriza-
tion assistance grants and $29,000,000 for State energy
conservation grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearings 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-
erating Fund’’ from amounts made available from the sale
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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.
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.
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-
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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
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
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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.
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.
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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, $1,806,269,000, 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-
vided further, That $12,000,000 shall remain available
until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $356,325,000 for con-
tract medical care shall remain available for obligation
until September 30, 1998: Provided further, That of the
funds provided, not less than $11,706,000 shall be used
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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, compacts, grants or cooperative agree-
ments with the Indian Health Service under the provisions
of the Indian Self-Determination Act: Provided further,
That funding contained herein, and in any earlier appro-
priations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall re-
main available for obligation until September 30, 1998:
Provided further, That amounts received by tribes and
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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 organi-
zations 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,
$247,731,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
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.
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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-
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-
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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 notwith-
standing 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
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
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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-
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.
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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, $61,000,000.
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, $19,345,000, 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-
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-
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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.
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
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(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;
$317,557,000, of which not to exceed $30,665,000 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
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,
$3,850,000, to remain available until expended.
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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, $39,000,000, 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,
$10,000,000, to remain available until expended.
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
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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
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
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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.
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.
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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
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.
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INSTITUTE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $22,000,000,
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.
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
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available for the compensation of Executive Level V or
higher positions.
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), $500,000 to remain available until
expended.
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
amended, $30,707,000, 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.
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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.
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.
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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
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
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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
are located on National Forest System or Bureau of Land
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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
funds are provided for the AmeriCorps program by the
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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
placer claims, and section 2337 of the Revised Statutes
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(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,
upon the request of a patent applicant, the Secretary of
the Interior shall allow the applicant to fund a qualified
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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 Gallia, Law-
rence, Monroe, or Washington, Ohio, for the Wayne Na-
tional 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 or local arts agency,
or regional group, may be used to make a grant to
any other organization or individual to conduct ac-
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tivity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(c) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
SEC. 317. None of the funds available to the De-
partment of the Interior or the Department of Agri-
culture by this or any other Act may be used to prepare,
promulgate, implement, or enforce any interim or final
rule or regulation pursuant to Title VIII of the Alaska
National Interest Lands Conservation Act to assert juris-
diction, management, or control over any waters (other
than non-navigable waters on Federal lands), non-Fed-
eral lands, or lands selected by, but not conveyed to, the
State of Alaska pursuant to the Submerged Lands Act
of 1953 or the Alaska Statehood Act, or an Alaska Na-
tive Corporation pursuant to the Alaska Native Claims
Settlement Act.
SEC. 318. No funds appropriated under this or any
other Act shall be used to review or modify sourcing areas
previously approved under section 490(c)(3) of the Forest
Resources Conservation and Shortage Relief Act of 1990
(Public Law 101–382) or to enforce or implement Federal
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regulations 36 CFR part 223 promulgated on September
8, 1995. The regulations and interim rules in effect prior
to September 8, 1995 (36 CFR 223.48, 36 CFR 223.87,
36 CFR 223 subpart D, 36 CFR 223 subpart F, and 36
CFR 261.6) shall remain in effect. The Secretary of Agri-
culture or the Secretary of the Interior shall not adopt
any policies concerning Public Law 101–382 or existing
regulations that would restrain domestic transportation or
processing of timber from private lands or impose addi-
tional accountability requirements on any timber. The Sec-
retary of Commerce shall extend until September 30,
1997, the order issued under section 491(b)(2)(A) of Pub-
lic Law 101–382 and shall issue an order under section
491(b)(2)(B) of such law that will be effective October 1,
1997.
SEC. 319. Section 101(c) of Public Law 104–134 is
amended as follows: Under the heading ‘‘Title III—Gen-
eral Provisions’’ amend section 315(b) by striking ‘‘50,
areas,’’ and inserting in lieu thereof ‘‘100, areas,’’ and
amend section 315(f) by striking ‘‘September 30, 1998’’
and inserting in lieu thereof ‘‘September 30, 1999’’ and
by striking ‘‘September 30, 2001’’ and inserting in lieu
thereof ‘‘September 30, 2002’’.
SEC. 320. None of the amounts made available by
this Act may be used for design, planning, implementa-
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tion, engineering, construction, or any other activity in
connection with a scenic shoreline drive in Pictured Rocks
National Lakeshore.
SEC. 321. LAND TRANSFER, BEND SILVICULTURE
LAB, DESCHUTES NATIONAL FOREST, OREGON.—
(a) TRANSFER OF REAL PROPERTY AND ALL
IMPROVEMENTS
LOCATED
THEREON.—Notwith-
standing any other provisions of law, there is hereby
transferred, without consideration and subject to ex-
isting valid rights, all right, title and interest of the
United States in and to approximately 5.73 acres of
land as described by plat dated July 7, 1977, (which
is on file and available for public inspection in the
Office of the Chief, USDA Forest Service, Washing-
ton, D.C.), as well as all improvements, including
the Bend Silviculture Lab located thereon, to the
Central Oregon Community College, Bend, Oregon;
this being a portion of the same tract acquired by
donation from the City of Bend on August 10, 1960,
through a Bargain and Sale deed to the USDA For-
est Service for use as a research lab, and recorded
in volume 125, page 508 of the Deschutes County,
Oregon, Deed Records.
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(b) CONDITIONS OF TRANSFER.—The transfer
effected by subsection (a) is made subject to no spe-
cial terms or conditions.
SEC. 322. No part of any appropriation contained in
this Act or any other Act shall be expended or obligated
to fund the activities of the Office of Forestry and Eco-
nomic Assistance, or any successor office after December
31, 1996.
SEC. 323. (a) The Secretary of the Interior is author-
ized to accept title to approximately 84 acres of land lo-
cated in Prince Georges County, Maryland, adjacent to
Oxon Cove Park, and bordered generally by the Potomac
River, Interstate 295 and the Woodrow Wilson Bridge, or
any interest therein, and in exchange therefor may convey
to the Corrections Corporation of America approximately
50 acres of land located in Oxon Cove Park in the District
of Columbia and bordered generally by Oxon Cove, Inter-
state 295 and the District of Columbia Impound Lot, or
any interest therein.
(b) Before proceeding with an exchange, the Sec-
retary shall determine if the federal property is suitable
for exchange under the criteria normally used by the Na-
tional Park Service. The exchange shall comply with appli-
cable regulations and National Park Service policies for
land exchanges.
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(c)(1) The Secretary shall not acquire any lands
under this section if the Secretary determines that the
lands or any portion thereof have become contaminated
with hazardous substances (as defined in the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act (42 U.S.C. 9601)).
(2) Notwithstanding any other provision of law, the
United States shall have no responsibility or liability with
respect to any hazardous wastes or other substances
placed on any of the lands covered by this section after
their transfer to the ownership of any party, but nothing
in this section shall be construed as either diminishing or
increasing any responsibility or liability of the United
States based on the condition of such lands on the date
of their transfer to the ownership of another party: Pro-
vided, That the Corrections Corporation of America shall
indemnify the United States for liabilities arising under
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act (42 U.S.C. 9601) and the Resource
Conservation Recovery Act (42 U.S.C. 6901, et seq.).
(d) The properties so exchanged either shall be ap-
proximately equal in fair market value or if they are not
approximately equal, shall be equalized by the payment of
cash to the Corporation or to the Secretary as required
or in the event the value of the Corporation’s lands is
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greater, the acreage may be reduced so that the fair mar-
ket value is approximately equal: Provided, That the Sec-
retary shall order appraisals made of the fair market value
for improvements thereon: Provided further, That any
such cash payment received by the Secretary shall be de-
posited to ‘‘Miscellaneous Trust Funds, National Park
Service’’ and shall be available without further appropria-
tion until expended for the acquisition of land within the
National Park System.
(e) Costs of conducting necessary land surveys, pre-
paring the legal descriptions of the lands to be conveyed,
performing the appraisals, and administrative costs in-
curred in completing the exchange shall be borne by the
Corporation.
(f) Following any exchange authorized by this provi-
sion, the boundaries of Oxon Cove Park shall be expanded
to include the land acquired by the United States.
SEC. 324. SECTION 1. LAND EXCHANGE.—
(a) EXCHANGE.—Subject to subsection (c), the
Secretary of Agriculture (referred to in this section
as the ‘‘Secretary’’) shall convey all right, title, and
interest of the United States in and to the National
Forest System lands described in subsection (b)(1)
to Public Utility District No. 1 of Chelan County,
Washington (referred to in this section as the ‘‘Pub-
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lic Utility District’’), in exchange for the conveyance
to the Department of Agriculture by the Public Util-
ity District of all right, title, and interest of the
Public Utility District in and to the lands described
in subsection (b)(2).
(b) DESCRIPTION OF LANDS.—
(1) NATIONAL FOREST SYSTEM LANDS.—
The National Forest System lands referred to
in subsection (a) are 122 acres, more or less,
that are partially occupied by a wastewater
treatment facility referred to in subsection
(c)(4)(A) with the following legal description:
(A) The NE1⁄4 of SW1⁄4 of section 27
of township 27 north, range 17 east, Wil-
lamette Meridian, Chelan County, Wash-
ington.
(B) The N1⁄2 of SE1⁄4 of SW1⁄4 of
such section 27.
(C) The W1⁄2 of NW1⁄4 of SE1⁄4 of
such section 27.
(D) The NW1⁄4 of SW1⁄4 of SE1⁄4 of
such section 27.
(E) The E1⁄2 of NW1⁄4 of the SE1⁄4 of
such section 27.
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(F) That portion of the S1⁄2 of SE1⁄4
of SW1⁄4 lying north of the northerly edge
of Highway 209 right-of-way of such sec-
tion 27.
(2) PUBLIC
UTILITY
DISTRICT
LANDS.—
The lands owned by the Public Utility District
are 109.15 acres, more or less, with the follow-
ing legal description:
(A) S1⁄2 of SW1⁄4 of section 35 of
township 26 north, range 17 east, Willam-
ette Meridian, Chelan County, Washington.
(B) The area specified by Public Util-
ity District No. 1 as Government Lot 5 in
such section 35.
(c) REQUIREMENTS FOR EXCHANGE.—
(1) TITLE
ACCEPTANCE
AND
CONVEY-
ANCE.—Upon offer by the Public Utility Dis-
trict of all right, title and interest in and to the
lands described in subsection (b)(2), if the title
is found acceptable by the Secretary, the Sec-
retary shall accept title to such lands and inter-
ests therein and shall convey to the Public Util-
ity District all right, title, and interest of the
United States in and to the lands described in
subsection (b)(1).
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(2) APPRAISALS REQUIRED.—Before mak-
ing an exchange pursuant to subsection (a), the
Secretary shall conduct appraisals of the lands
that are subject to the exchange to determine
the fair market value of the lands. Such ap-
praisals shall not include the value of the
wastewater treatment facility referred to in
paragraph (4)(A).
(3) ADDITIONAL CONSIDERATION.—If, on
the basis of the appraisals made under para-
graph (1), the Secretary determines that the
fair market value of the lands to be conveyed by
one party under subsection (a) is less than the
fair market value of the lands to be conveyed by
the other party under subsection (a), then, as
a condition of making the exchange under sub-
section (a), the party conveying the lands with
the lesser value shall pay the other party the
amount by which the fair market value of the
lands of greater value exceeds the fair market
value of the lands of lesser value.
(4) CONVEYANCE OF WASTEWATER TREAT-
MENT FACILITY.—(A) As part of an exchange
made under subsection (a), the Secretary shall
convey to the Public Utility District of Chelan
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County, Washington, all right, title and interest
of the United States in and to the wastewater
treatment facility (including the wastewater
treatment plant and associated lagoons) located
on the lands described in subsection (b)(1) that
is in existence on the date of the exchange.
(B) As a condition for the exchange under
subsection (a), the Public Utility District shall
provide for a credit equal to the fair market
value of the wastewater treatment facility con-
veyed pursuant to subparagraph (A) (deter-
mined as of November 4, 1991), that shall be
applied to the United States’ share of any new
wastewater treatment facility constructed by
the Public Utility District after such date.
(d) ADDITIONAL
TERMS
AND
CONDITIONS.—
The Secretary may require such additional terms
and conditions in connection with the exchange
under this section as the Secretary determines ap-
propriate to protect the interests of the United
States.
SEC. 325. ‘‘Snoqualmie National Forest Boundary
Adjustment Act of 1996.’’
(a) IN GENERAL.—The Secretary of Agriculture
is hereby directed to modify the boundary of the
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Snoqualmie National Forest to include and encom-
pass 10,589.47 acres, more or less, as generally de-
picted on a map entitled ‘‘Snoqualmie National For-
est Proposed 1996 Boundary Modification’’ dated
July, 1996. Such map, together with a legal descrip-
tion of all lands included in the boundary adjust-
ment, shall be on file and available for public inspec-
tion in the Office of the Chief of the Forest Service
in Washington, District of Columbia.
(b) RULE FOR LAND AND WATER CONSERVA-
TION FUND.—For the purposes of section 7 of the
Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–9), the boundary of the Snoqualmie
National Forest, as modified pursuant to subsection
(a), shall be considered to be the boundary of that
National Forest as of January 1, 1965.
SEC. 326. Sugarbush Land Exchange Act of 1996.
(a) EXCHANGE OR SALE OF LAND.—
(1) If Sugarbush Resort Holdings, Inc.
conveys to the United States land acceptable to
the Secretary of Agriculture that is at least
equal in value to the value of the land described
in subsection (a)(2), makes a payment of cash
at least equal to that value, or conveys land and
makes a payment of cash that in combination
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are at least equal to that value, the Secretary,
subject to valid existing rights, shall, under
such terms and conditions as the Secretary may
prescribe, convey all right, title, and interest of
the United States in and to the land described
in subsection (a)(2).
(2) FEDERAL LAND TO BE EXCHANGED.—
The Federal land to be exchanged is approxi-
mately 57 acres of federally owned land in the
Green Mountain National Forest depicted on
the map entitled ‘‘Green Mountain National
Forest, Sugarbush Exchange,’’ dated December
1995.
(3) Lands acquired from Sugarbush Resort
Holdings, Inc.—Any land conveyed to the Unit-
ed States in an exchange under subsection
(a)(1) shall be subject to such valid existing
rights of record as may be acceptable to the
Secretary, and the title to the parcel shall con-
form with the title approval standards applica-
ble to federal land acquisitions.
(b) ADMINISTRATION OF LAND.—
(1) ADDITION TO GREEN MOUNTAIN NA-
TIONAL FOREST.—On approval and acceptance
of title by the Secretary, the land acquired by
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the United States through an exchange or with
proceeds from a sale under subsection (a) shall
become part of the Green Mountain National
Forest, and the boundaries of the National For-
est shall be adjusted to include the land.
(2) 
ADMINISTRATION.—Land 
acquired
under this Act shall be administered by the Sec-
retary in accordance with the laws (including
regulations) pertaining to the National Forest
System.
(3) AUTHORITY
OF
THE
SECRETARY.—
This section does not limit the authority of the
Secretary to adjust the boundaries of the Green
Mountain National Forest pursuant to section
11 of the Act of March 1, 1911 (36 Stat. 963,
chapter 186; 16 U.S.C. 521) (commonly known
as the ‘‘Weeks Law’’).
(4) For the purposes of section 7 of the
Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–9), the boundaries of the
Green Mountain National Forest, as adjusted
under this Act, shall be considered to be the
boundaries of the Green Mountain National
Forest as of January 1, 1965.
SEC. 327. Snowbird Wilderness Study Area.
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(a) IN GENERAL.—Section 6(a)(4) of the North
Carolina Wilderness Act of 1984 (Public Law 98–324) is
amended—
(1) by striking ‘‘eight thousand four hundred
and ninety acres’’ and inserting ‘‘8,390 acres’’; and
(b) by striking ‘‘July 1983’’ and inserting ‘‘July
1996’’.
(B) MANAGEMENT.—The Secretary of Agriculture
shall manage the area removed from wilderness study
status by the amendments made by subsection (a) in ac-
cordance with the provision of law applicable to adjacent
areas outside the wilderness study area.
SEC. 328. Renaming of Wilderness Area.
(a) The Columbia Wilderness, created by the Or-
egon Wilderness Act of 1984, Public Law 98–328, lo-
cated in the Mt. Hood National Forest, Oregon, shall be
known and designated as the ‘‘Mark O. Hatfield Wilder-
ness’’.
(b) Any references in a law, map, regulation, doc-
ument, paper, or other record of the United States to the
Columbia Wilderness shall be deemed to be a reference
to the ‘‘Mark O. Hatfield Wilderness’’.
SEC. 329. Notwithstanding any other provision of
law, for fiscal year 1997 the Secretaries of Agriculture
and Interior are authorized to limit competition for wa-
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tershed restoration project contracts as part of the ‘‘Jobs
in the Woods’’ component of the President’s Forest Plan
for the Pacific Northwest to individuals and entities in
historically timber-dependent areas in the States of
Washington, Oregon, and northern California that have
been affected by reduced timber harvesting on Federal
lands.
SEC. 330. Section 9 of the Rhode Island Indian
Claims Settlement Act (25 U.S.C. 1708) is amended—
(1) by striking ‘‘Sec. 9. Except as’’; and insert-
ing the following:
‘‘(a) IN GENERAL.—Except as’’;
(2) by striking the section heading and insert-
ing the following:
‘‘SEC. 9. APPLICABILITY OF STATE LAW; TREATMENT OF
SETTLEMENT LANDS UNDER THE INDIAN
GAMING REGULATORY ACT.’’;
and
(3) by adding at the end the following new sub-
section:
‘‘(b) 
TREATMENT
OF
SETTLEMENT
LANDS
UNDER THE INDIAN GAMING REGULATORY ACT.—For
purposes of the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.), settlement lands shall not be treat-
ed as Indian lands.’’.
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TITLE IV—EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For an additional amount for management of
lands and resources, $3,500,000, to remain available
until expended, to restore public lands damaged by fire:
Provided, That Congress hereby designates this amount
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 fur-
ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
WILDLAND FIRE MANAGEMENT
For an additional amount for wildland fire man-
agement, $100,000,000, to remain available until ex-
pended, for emergency rehabilitation and wildfire sup-
pression activities of the Department of the Interior: Pro-
vided, That Congress hereby designates this amount as
an 
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
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Deficit Control Act of 1985, as amended: Provided fur-
ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for Oregon and Califor-
nia grant lands, $2,500,000, to remain available until ex-
pended, to restore public lands damaged by fire: Pro-
vided, That Congress hereby designates this amount 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 fur-
ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
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UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for resource manage-
ment, $2,100,000, to remain available until expended, of
which $600,000 is to restore public lands damaged by
fire and $1,500,000 is to address anti-terrorism require-
ments: Provided, That Congress hereby designates this
amount 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 fur-
ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
CONSTRUCTION
For an additional amount for construction,
$15,891,000, to remain available until expended, to re-
pair damage caused by hurricanes, floods and other acts
of nature: Provided, That Congress hereby designates
this amount 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 this amount shall be available only
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to the extent that an official budget request for a specific
dollar amount, that includes designation of the entire
amount as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For an additional amount for operation of the Na-
tional park system, $2,300,000, to remain available until
expended, to address anti-terrorism requirements: Pro-
vided, That Congress hereby designates this amount 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 fur-
ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
CONSTRUCTION
For an additional amount for construction,
$9,300,000, to remain available until expended, of which
$3,000,000 is to repair damage caused by hurricanes and
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$6,300,000 is to address anti-terrorism requirements:
Provided, That Congress hereby designates this amount
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 fur-
ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for surveys, investiga-
tions, and research, $1,138,000, to remain available until
expended, to address damage caused by hurricanes and
floods: Provided, That Congress hereby designates this
amount 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 fur-
ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
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Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for operation of Indian
programs, $6,600,000, to remain available until ex-
pended, to repair damage caused by floods and to restore
Indian lands damaged by fire: Provided, That Congress
hereby designates this amount 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: Provided further, That this amount shall be
available only to the extent that an official budget re-
quest for a specific dollar amount, that includes designa-
tion of the entire amount as an emergency requirement
as defined in the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
CONSTRUCTION
For an additional amount for construction,
$6,000,000, to remain available until expended, to repair
damage caused by floods: Provided, That Congress here-
by designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
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pended, for presuppression due to emergencies, for emer-
gency fire suppression on or adjacent to National Forest
System lands or other lands under fire protection agree-
ment and for emergency rehabilitation of burned over
National Forest System lands: Provided, That such funds
are available for repayment of advances from other ap-
propriations accounts previously transferred for such pur-
poses: Provided further, That Congress hereby designates
this amount 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 this amount shall be available only
to the extent that an official budget request for a specific
dollar amount, that includes designation of the entire
amount as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the
Congress.
RECONSTRUCTION AND CONSTRUCTION
For an additional amount for reconstruction and
construction, $5,210,000, to remain available until ex-
pended, to repair damage caused by hurricanes: Provided,
That Congress hereby designates this amount 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 fur-
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ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
OTHER RELATED AGENCIES
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For an additional amount for salaries and ex-
penses, $935,000, to remain available until expended, to
address anti-terrorism requirements: Provided, That Con-
gress hereby designates this amount as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That this amount
shall be available only to the extent that an official budg-
et request for a specific dollar amount, that includes des-
ignation of the entire amount as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
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JOHN F. KENNEDY CENTER FOR THE PERFORMING
ARTS
OPERATIONS AND MAINTENANCE
For an additional amount for operations and
maintenance, $1,600,000, to remain available until ex-
pended, to address anti-terrorism requirements: Provided,
That Congress hereby designates this amount 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 fur-
ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
CONSTRUCTION
For an additional amount for construction,
$3,400,000, to remain available until expended, to ad-
dress anti-terrorism requirements: Provided, That Con-
gress hereby designates this amount as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That this amount
shall be available only to the extent that an official budg-
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et request for a specific dollar amount, that includes des-
ignation of the entire amount as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For an additional amount for salaries and ex-
penses, $382,000, to remain available until expended, to
address anti-terrorism requirements: Provided, That Con-
gress hereby designates this amount as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That this amount
shall be available only to the extent that an official budg-
et request for a specific dollar amount, that includes des-
ignation of the entire amount as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For an additional amount for the Holocaust Me-
morial Council, $1,000,000, to remain available until ex-
pended, to address anti-terrorism requirements: Provided,
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That Congress hereby designates this amount 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 fur-
ther, That this amount shall be available only to the ex-
tent that an official budget request for a specific dollar
amount, that includes designation of the entire amount
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Con-
gress.
This Act may be cited as the ‘‘Department of the
Interior and Related Agencies Appropriations Act,
1997’’.
(e) For programs, projects or activities in the De-
partments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act,
1997, provided as follows, to be effective as if it had been
enacted into law as the regular appropriations Act:
AN ACT
Making appropriations for the Departments of
Labor, Health and Human Services, and Education, and
related agencies for the fiscal year ending September 30,
1997, and for other purposes.
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TITLE I—DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For expenses necessary to carry into effect the
Job Training Partnership Act, as amended, including the
purchase and hire of passenger motor vehicles, the con-
struction, alteration, and repair of buildings and other fa-
cilities, and the purchase of real property for training
centers as authorized by the Job Training Partnership
Act; the Women in Apprenticeship and Nontraditional
Occupations Act; the National Skill Standards Act of
1994; and the School-to-Work Opportunities Act;
$4,719,703,000 
plus 
reimbursements, 
of 
which
$3,559,408,000 is available for obligation for the period
July 1, 1997 through June 30, 1998; of which
$88,685,000 is available for the period July 1, 1997
through June 30, 2000 for necessary expenses of con-
struction, rehabilitation, and acquisition of Job Corps
centers; and of which $200,000,000 shall be available
from July 1, 1997 through September 30, 1998, for car-
rying out activities of the School-to-Work Opportunities
Act: Provided, That $52,502,000 shall be for carrying
out section 401 of the Job Training Partnership Act,
$69,285,000 shall be for carrying out section 402 of such
Act, $7,300,000 shall be for carrying out section 441 of
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such Act, $8,000,000 shall be for all activities conducted
by and through the National Occupational Information
Coordinating Committee under such Act, $895,000,000
shall be for carrying out title II, part A of such Act, and
$126,672,000 shall be for carrying out title II, part C of
such Act: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or
for Job Corps centers: Provided further, That funds pro-
vided to carry out title III of the Job Training Partner-
ship Act shall not be subject to the limitation contained
in subsection (b) of section 315 of such Act; that the
waiver allowing a reduction in the cost limitation relating
to retraining services described in subsection (a)(2) of
such section 315 may be granted with respect to funds
from this Act if a substate grantee demonstrates to the
Governor that such waiver is appropriate due to the
availability of low-cost retraining services, is necessary to
facilitate the provision of needs-related payments to ac-
company long-term training, or is necessary to facilitate
the provision of appropriate basic readjustment services;
and that funds provided to carry out the Secretary’s dis-
cretionary grants under part B of such title III may be
used to provide needs-related payments to participants
who, in lieu of meeting the requirements relating to en-
rollment in training under section 314(e) of such Act, are
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enrolled in training by the end of the sixth week after
grant funds have been awarded: Provided further, That
service delivery areas may transfer funding provided
herein under authority of titles II–B and II–C of the Job
Training Partnership Act between the programs author-
ized by those titles of that Act, if such transfer is ap-
proved by the Governor: Provided further, That service
delivery areas and substate areas may transfer up to 20
percent of the funding provided herein under authority of
title II–A and title III of the Job Training Partnership
Act between the programs authorized by those titles of
the Act, if such transfer is approved by the Governor:
Provided further, That, notwithstanding any other provi-
sion of law, any proceeds from the sale of Job Corps cen-
ter facilities shall be retained by the Secretary of Labor
to carry out the Job Corps program: Provided further,
That notwithstanding any other provision of law, the Sec-
retary of Labor may waive any of the statutory or regu-
latory requirements of titles I–III of the Job Training
Partnership Act (except for requirements relating to
wage and labor standards, worker rights, participation
and protection, grievance procedures and judicial review,
nondiscrimination, allocation of funds to local areas, eligi-
bility, review and approval of plans, the establishment
and functions of service delivery areas and private indus-
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try councils, and the basic purposes of the Act), and any
of the statutory or regulatory requirements of sections 8–
10 of the Wagner-Peyser Act (except for requirements re-
lating to the provision of services to unemployment insur-
ance claimants and veterans, and to universal access to
basic labor exchange services without cost to job seekers),
only for funds available for expenditure in program year
1997, pursuant to a request submitted by a State which
identifies the statutory or regulatory requirements that
are requested to be waived and the goals which the State
or local service delivery areas intend to achieve, describes
the actions that the State or local service delivery areas
have undertaken to remove State or local statutory or
regulatory barriers, describes the goals of the waiver and
the expected programmatic outcomes if the request is
granted, describes the individuals impacted by the waiver,
and describes the process used to monitor the progress
in implementing a waiver, and for which notice and an
opportunity to comment on such request has been pro-
vided to the organizations identified in section 105(a)(1)
of the Job Training Partnership Act, if and only to the
extent that the Secretary determines that such require-
ments impede the ability of the State to implement a
plan to improve the workforce development system and
the State has executed a Memorandum of Understanding
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with the Secretary requiring such State to meet agreed
upon outcomes and implement other appropriate meas-
ures to ensure accountability: Provided further, That the
Secretary of Labor shall establish a workforce flexibility
(work-flex) partnership demonstration program under
which the Secretary shall authorize not more than six
States, of which at least three States shall each have pop-
ulations not in excess of 3,500,000, with a preference
given to those States that have been designated Ed-Flex
Partnership States under section 311(e) of Public Law
103–227, to waive any statutory or regulatory require-
ment applicable to service delivery areas or substate
areas within the State under titles I–III of the Job
Training Partnership Act (except for requirements relat-
ing to wage and labor standards, grievance procedures
and judicial review, nondiscrimination, allotment of
funds, and eligibility), and any of the statutory or regu-
latory requirements of sections 8–10 of the Wagner-
Peyser Act (except for requirements relating to the provi-
sion of services to unemployment insurance claimants
and veterans, and to universal access to basic labor ex-
change services without cost to job seekers), for a dura-
tion not to exceed the waiver period authorized under sec-
tion 311(e) of Public Law 103–227, pursuant to a plan
submitted by such States and approved by the Secretary
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for the provision of workforce employment and training
activities in the States, which includes a description of
the process by which service delivery areas and substate
areas may apply for and have waivers approved by the
State, the requirements of the Wagner-Peyser Act to be
waived, the outcomes to be achieved and other measures
to be taken to ensure appropriate accountability for fed-
eral funds.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER
AMERICANS
(TRANSFER OF FUNDS)
To carry out the activities for national grants or
contracts with public agencies and public or private non-
profit organizations under paragraph (1)(A) of section
506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as subse-
quently authorized, $361,140,000, including $21,840,000
which shall be available for the period ending June 30,
1997.
To carry out the activities for grants to States
under paragraph (3) of section 506(a) of title V of the
Older Americans Act of 1965, as amended, or to carry
out older worker activities as subsequently authorized,
$101,860,000, including $6,160,000 which shall be avail-
able for the period ending June 30, 1997.
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The funds appropriated under this heading shall
be transferred to the Department of Health and Human
Services, ‘‘Aging Services Programs’’ following the enact-
ment of legislation authorizing the administration of the
program by that Department.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of
trade adjustment benefit payments and allowances under
part I, and for training, for allowances for job search and
relocation, and for related State administrative expenses
under part II, subchapters B and D, chapter 2, title II
of the Trade Act of 1974, as amended, $324,500,000, to-
gether with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for
any period subsequent to September 15 of the current
year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For 
authorized 
administrative 
expenses,
$173,452,000, 
together 
with 
not 
to 
exceed
$3,146,826,000 (including not to exceed $1,653,000
which may be used for amortization payments to States
which had independent retirement plans in their State
employment service agencies prior to 1980, and including
not to exceed $2,000,000 which may be obligated in con-
tracts with non-State entities for activities such as occu-
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pational and test research activities which benefit the
Federal-State Employment Service System), which may
be expended from the Employment Security Administra-
tion account in the Unemployment Trust Fund including
the cost of administering section 1201 of the Small Busi-
ness Job Protection Act of 1996, section 7(d) of the
Wagner-Peyser Act, as amended, the Trade Act of 1974,
as amended, the Immigration Act of 1990, and the Immi-
gration and Nationality Act, as amended, and of which
the sums available in the allocation for activities author-
ized by title III of the Social Security Act, as amended
(42 U.S.C. 502–504), and the sums available in the allo-
cation for necessary administrative expenses for carrying
out 5 U.S.C. 8501–8523, shall be available for obligation
by the States through December 31, 1997, except that
funds used for automation acquisitions shall be available
for obligation by States through September 30, 1999;
and of which $23,452,000, together with not to exceed
$738,283,000 of the amount which may be expended
from said trust fund, shall be available for obligation for
the period July 1, 1997 through June 30, 1998, to fund
activities under the Act of June 6, 1933, as amended, in-
cluding the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E) made available to States in lieu of
allotments for such purpose, and of which $216,333,000
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shall be available only to the extent necessary for addi-
tional State allocations to administer unemployment com-
pensation laws to finance increases in the number of un-
employment insurance claims filed and claims paid or
changes in a State law: Provided, That to the extent that
the Average Weekly Insured Unemployment (AWIU) for
fiscal year 1997 is projected by the Department of Labor
to exceed 2,828,000 an additional $28,600,000 shall be
available for obligation for every 100,000 increase in the
AWIU level (including a pro rata amount for any incre-
ment less than 100,000) from the Employment Security
Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this
Act which are used to establish a national one-stop career
center network may be obligated in contracts, grants or
agreements with non-State entities: Provided further,
That funds appropriated under this Act for activities au-
thorized under the Wagner-Peyser Act, as amended, and
title III of the Social Security Act, may be used by the
States to fund integrated Employment Service and Un-
employment Insurance automation efforts, notwithstand-
ing cost allocation principles prescribed under Office of
Management and Budget Circular A–87.
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ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
OTHER FUNDS
For repayable advances to the Unemployment
Trust Fund as authorized by sections 905(d) and 1203
of the Social Security Act, as amended, and to the Black
Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as
amended; and for nonrepayable advances to the Unem-
ployment Trust Fund as authorized by section 8509 of
title 5, United States Code, section 104(d) of Public Law
102–164, and section 5 of Public Law 103–6, and to the
‘‘Federal unemployment benefits and allowances’’ ac-
count, to remain available until September 30, 1998,
$373,000,000.
In addition, for making repayable advances to the
Black Lung Disability Trust Fund in the current fiscal
year after September 15, 1997, for costs incurred by the
Black Lung Disability Trust Fund in the current fiscal
year, such sums as may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and
training programs and for carrying out section 908 of the
Social Security Act, $81,393,000, together with not to
exceed $39,977,000, which may be expended from the
Employment Security Administration account in the Un-
employment Trust Fund.
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PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for Pension and Welfare
Benefits 
Administration, 
$77,083,000, 
of 
which
$6,000,000 shall remain available through September 30,
1998 for expenses of revising the processing of employee
benefit plan returns.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is au-
thorized to make such expenditures, including financial
assistance authorized by section 104 of Public Law 96–
364, within limits of funds and borrowing authority avail-
able to such Corporation, and in accord with law, and to
make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as amended (31
U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 1997, for such Corpora-
tion: Provided, That not to exceed $10,345,000 shall be
available for administrative expenses of the Corporation:
Provided further, That expenses of such Corporation in
connection with the termination of pension plans, for the
acquisition, protection or management, and investment of
trust assets, and for benefits administration services shall
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be considered as non-administrative expenses for the pur-
poses hereof, and excluded from the above limitation.
EMPLOYMENT STANDARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employment Stand-
ards Administration, including reimbursement to State,
Federal, and local agencies and their employees for in-
spection services rendered, $290,422,000, together with
$983,000 which may be expended from the Special Fund
in accordance with section 39(c) and 44 (j) of the
Longshore and Harbor Workers’ Compensation Act: Pro-
vided, That the Secretary of Labor is authorized to ac-
cept, retain, and spend, until expended, in the name of
the Department of Labor, all sums of money ordered to
be paid to the Secretary of Labor, in accordance with the
terms of the Consent Judgment in Civil Action No. 91–
0027 of the United States District Court for the District
of the Northern Mariana Islands (May 21, 1992): Pro-
vided further, That the Secretary of Labor is authorized
to establish and, in accordance with 31 U.S.C. 3302, col-
lect and deposit in the Treasury fees for processing appli-
cations and issuing certificates under sections 11(d) and
14 of the Fair Labor Standards Act of 1938, as amended
(29 U.S.C. 2119d) and 214) and for processing applica-
tions and issuing registrations under Title I of the Mi-
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grant and Seasonal Agricultural Worker Protection Act,
29 U.S.C. 1801 et seq.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and ex-
penses (except administrative expenses) accruing during
the current or any prior fiscal year authorized by title 5,
chapter 81 of the United States Code; continuation of
benefits as provided for under the head ‘‘Civilian War
Benefits’’ in the Federal Security Agency Appropriation
Act, 1947; the Employees’ Compensation Commission
Appropriation Act, 1944; and sections 4(c) and 5(f) of
the War Claims Act of 1948 (50 U.S.C. App. 2012); and
50 per centum of the addition compensation and benefits
required by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, as amended, $213,000,000
together with such amounts as may be necessary to be
charged to the subsequent year appropriation for the pay-
ment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided,
That such sums as are necessary may be used under sec-
tion 8104 of title 5, United States Code, by the Secretary
to reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a reemployed,
disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 1996,
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shall remain available until expended for the payment of
compensation, benefits, and expenses: Provided further,
That in addition there shall be transferred to this appro-
priation from the Postal Service and from any other cor-
poration or instrumentality required under section
8147(c) of title 5, United States Code, to pay an amount
for its fair share of the cost of administration, such sums
as the Secretary of Labor determines to be the cost of
administration for employees of such fair share entities
through September 30, 1997: Provided further, That of
those funds transferred to this account from the fair
share entities to pay the cost of administration,
$11,390,000 shall be made available to the Secretary of
Labor for expenditures relating to capital improvements
in support of Federal Employees’ Compensation Act ad-
ministration, and the balance of such funds shall be paid
into the Treasury as miscellaneous receipts: Provided fur-
ther, That the Secretary may require that any person fil-
ing a notice of injury or a claim for benefits under sub-
chapter 5, U.S.C., chapter 81, or under subchapter 33,
U.S.C. 901, et seq. (the Longshore and Harbor Workers’
Compensation Act, as amended), provide as part of such
notice and claim, such identifying information (including
Social Security account number) as such regulations may
prescribe.
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BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payments from the Black Lung Disability
Trust Fund, $1,007,644,000, of which $961,665,000
shall be available until September 30, 1998, for payment
of all benefits as authorized by section 9501(d) (1), (2),
(4), and (7) of the Internal Revenue Code of 1954, as
amended, and interest on advances as authorized by sec-
tion 9501(c)(2) of that Act, and of which $26,071,000
shall be available for transfer to Employment Standards
Administration, Salaries and Expenses, $19,621,000 for
transfer to Departmental Management, Salaries and Ex-
penses, and $287,000 for transfer to Departmental Man-
agement, Office of Inspector General, for expenses of op-
eration and administration of the Black Lung Benefits
program as authorized by section 9501(d)(5)(A) of that
Act: Provided, That, in addition, such amounts as may
be necessary may be charged to the subsequent year ap-
propriation for the payment of compensation, interest, or
other benefits for any period subsequent to August 15 of
the current year: Provided further, That in addition such
amounts shall be paid from this fund into miscellaneous
receipts as the Secretary of the Treasury determines to
be the administrative expenses of the Department of the
Treasury for administering the fund during the current
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fiscal year, as authorized by section 9501(d)(5)(B) of
that Act.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safe-
ty and Health Administration, $325,734,000, including
not to exceed $77,354,000 which shall be the maximum
amount available for grants to States under section 23(g)
of the Occupational Safety and Health Act, which grants
shall be no less than fifty percent of the costs of State
occupational safety and health programs required to be
incurred under plans approved by the Secretary under
section 18 of the Occupational Safety and Health Act of
1970; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may
retain up to $750,000 per fiscal year of training institute
course tuition fees, otherwise authorized by law to be col-
lected, and may utilize such sums for occupational safety
and health training and education grants: Provided,
That, notwithstanding 31 U.S.C. 3302, the Secretary of
Labor is authorized, during the fiscal year ending Sep-
tember 30, 1997, to collect and retain fees for services
provided to Nationally Recognized Testing Laboratories,
and may utilize such sums, in accordance with the provi-
sions of 29 U.S.C. 9a, to administer national and inter-
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national laboratory recognition programs that ensure the
safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds ap-
propriated under this paragraph shall be obligated or ex-
pended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Occupa-
tional Safety and Health Act of 1970 which is applicable
to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and
employs ten or fewer employees: Provided further, That
no funds appropriated under this paragraph shall be obli-
gated or expended to administer or enforce any standard,
rule, regulation, or order under the Occupational Safety
and Health Act of 1970 with respect to any employer of
ten or fewer employees who is included within a category
having an occupational injury lost workday case rate, at
the most precise Standard Industrial Classification Code
for which such data are published, less than the national
average rate as such rates are most recently published by
the Secretary, acting through the Bureau of Labor Sta-
tistics, in accordance with section 24 of that Act (29
U.S.C. 673), except—
(1) to provide, as authorized by such Act, con-
sultation, technical assistance, educational and train-
ing services, and to conduct surveys and studies;
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(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a cita-
tion for violations found during such inspection, and
to assess a penalty for violations which are not cor-
rected within a reasonable abatement period and for
any willful violations found;
(3) to take any action authorized by such Act
with respect to imminent dangers;
(4) to take any action authorized by such Act
with respect to health hazards;
(5) to take any action authorized by such Act
with respect to a report of an employment accident
which is fatal to one or more employees or which re-
sults in hospitalization of two or more employees,
and to take any action pursuant to such investiga-
tion authorized by such Act; and
(6) to take any action authorized by such Act
with respect to complaints of discrimination against
employees for exercising rights under such Act: Pro-
vided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming op-
eration which does not maintain a temporary labor
camp and employs ten or fewer employees.
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MINE SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and
Health Administration, $197,810,000, including purchase
and bestowal of certificates and trophies in connection
with mine rescue and first-aid work, and the hire of pas-
senger motor vehicles; the Secretary is authorized to ac-
cept lands, buildings, equipment, and other contributions
from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or pri-
vate; the Mine Safety and Health Administration is au-
thorized to promote health and safety education and
training in the mining community through cooperative
programs with States, industry, and safety associations;
and any funds available to the Department may be used,
with the approval of the Secretary, to provide for the
costs of mine rescue and survival operations in the event
of a major disaster: Provided, That none of the funds ap-
propriated under this paragraph shall be obligated or ex-
pended to carry out section 115 of the Federal Mine
Safety and Health Act of 1977 or to carry out that por-
tion of section 104(g)(1) of such Act relating to the en-
forcement of any training requirements, with respect to
shall dredging, or with respect to any sand, gravel, sur-
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face stone, surface clay, colloidal phosphate, or surface
limestone mine.
BUREAU OF LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor
Statistics, including advances or reimbursements to
State, Federal, and local agencies and their employees for
services rendered, $309,647,000, of which $16,145,000
shall be for expenses of revising the Consumer Price
Index and shall remain available until September 30,
1998, together with not to exceed $52,053,000, which
may be expended from the Employment Security Admin-
istration account in the Unemployment Trust Fund.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Man-
agement, including the hire of three sedans, and includ-
ing up to $4,358,000 for the President’s Committee on
Employment of People With Disabilities, $144,211,000;
together with not to exceed $297,000, which may be ex-
pended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided,
That no funds made available by this Act may be used
by the Solicitor of Labor to participate in a review in any
United States court of appeals of any decision made by
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the Benefits Review Board under section 21 of the
Longshore and Harbor Workers’ Compensation Act (33
U.S.C. 921) where such participation is precluded by the
decision of the United States Supreme Court in Director,
Office of Workers’ Compensation Programs v. Newport
News Shipbuilding, 115 S. Ct. 1278 (1995): Provided
further, That no funds made available by this Act may
be used by the Secretary of Labor to review a decision
under the Longshore and Harbor Workers’ Compensation
Act (33 U.S.C. 901 et seq.) that has been appealed and
that has been pending before the Benefits Review Board
for more than 12 months: Provided further, That any
such decision pending a review by the Benefits Review
Board for more than one year shall be considered af-
firmed by the Benefits Review Board on that date, and
shall be considered the final order of the Board for pur-
poses of obtaining a review in the United States courts
of appeals: Provided further, That these provisions shall
not be applicable to the review of any decision issued
under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.).
ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT
AND TRAINING
Not to exceed $181,949,000 may be derived from
the Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of
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38 U.S.C. 4100–4110A and 4321–4327, and Public Law
103–353, and which shall be available for obligation by
the States through December 31, 1997.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspec-
tor General in carrying out the provisions of the Inspec-
tor General Act of 1978, as amended, $42,938,000, to-
gether with not to exceed $3,543,000, which may be ex-
pended from the Employment Security Administration
account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated in this
title for the Job Corps shall be used to pay the com-
pensation of an individual, either as direct costs or any
proration as an indirect cost, at a rate in excess of
$125,000.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be in-
creased by more than 3 percent by any such transfer:
Provided, That the Appropriations Committees of both
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Houses of Congress are notified at least fifteen days in
advance of any transfer.
SEC. 103. Funds shall be available for carrying
out title IV–B of the Job Training Partnership Act, not-
withstanding section 427(c) of that Act, if a Job Corps
center fails to meet national performance standards es-
tablished by the Secretary.
SEC. 104. Effective January 1, 1997, no funds
appropriated or otherwise made available to the Depart-
ment of Labor in this title shall be disbursed without the
approval of the Department’s Chief Financial Officer or
his delegatee.
SEC. 105. Notwithstanding any other provision of
law, the Secretary of Labor may waive any of the re-
quirements contained in sections 4, 104, 105, 107, 108,
121, 164, 204, 253, 254, 264, 301, 311, 313, 314, and
315 of the Job Training Partnership Act in order to as-
sist States in improving State workforce development sys-
tems, pursuant to a request submitted by a State that
has prior to the date of enactment of this Act executed
a Memorandum of Understanding with the United States
requiring such State to meet agreed upon outcomes.
This title may be cited as the ‘‘Department of
Labor Appropriations Act, 1997’’.
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TITLE II—DEPARTMENT OF HEALTH AND
HUMAN SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, VII, VIII, X, XII,
XVI, XIX, and XXVI of the Public Health Service Act,
section 427(a) of the Federal Coal Mine Health and
Safety Act, title V of the Social Security Act, the Health
Care Quality Improvement Act of 1986, as amended, and
the Native Hawaiian Health Care Act of 1988, as
amended, $3,405,019,000, of which $297,000 shall re-
main available until expended for interest subsidies on
loan guarantees made prior to fiscal year 1981 under
part B of title VII of the Public Health Service Act: Pro-
vided, That the Division of Federal Occupational Health
may utilize personal services contracting to employ pro-
fessional management/administrative and occupational
health professionals: Provided further, That of the funds
made available under this heading, $828,000 shall be
available until expended for facilities renovations at the
Gillis W. Long Hansen’s Disease Center: Provided fur-
ther, That in addition to fees authorized by section
427(b) of the Health Care Quality Improvement Act of
1986, fees shall be collected for the full disclosure of in-
formation under the Act sufficient to recover the full
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costs of operating the National Practitioner Data Bank,
and shall remain available until expended to carry out
that Act: Provided further, That no more than
$5,000,000 is available for carrying out the provisions of
Public Law 104–73: Provided further, That of the funds
made available under this heading, $198,452,000 shall be
for the program under title X of the Public Health Serv-
ice Act to provide for voluntary family planning projects:
Provided further, That amounts provided to said projects
under such title shall not be expended for abortions, that
all pregnancy counseling shall be nondirective, and that
such amounts shall not be expended for any activity (in-
cluding the publication or distribution of literature) that
in any way tends to promote public support or opposition
to any legislative proposal or candidate for public office:
Provided further, That $167,000,000 shall be for State
AIDS Drug Assistance Programs authorized by section
2616 of the Public Health Service Act and shall be dis-
tributed to States as authorized by section 2618(b)(2) of
such Act: Provided further, That notwithstanding any
other provision of law, funds made available under this
heading may be used to continue operating the Council
on Graduate Medical Education established by section
301 of Public law 102–408: Provided further, That, of
the funds made available under this heading, not more
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than $8,000,000 shall be made available and shall remain
available until expended for loan guarantees for loans
made by non-Federal lenders for the construction, ren-
ovation, and modernization of medical facilities that are
owned and operated by health centers funded under part
A of title XVI of the Public Health Service Act as
amended, and, subject to authorization, for loans made to
health centers for the costs of developing and operating
managed care networks or plans, and that such funds be
available to subsidize guarantees of total loan principal in
an amount not to exceed $80,000,000: Provided further,
That notwithstanding section 502(a)(1) of the Social Se-
curity Act, not to exceed $103,609,000 is available for
carrying out special projects of regional and national sig-
nificance pursuant to section 501(a)(2) of such Act.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES
For carrying out subsections (d) and (e) of section
1602 of the Public Health Service Act, $7,000,000, to-
gether with any amounts received by the Secretary in
connection with loans and loan guarantees under title VI
of the Public Health Service Act, to be available without
fiscal year limitation for the payment of interest sub-
sidies. During the fiscal year, no commitments for direct
loans or loan guarantees shall be made.
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HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
For the cost of guaranteed loans, such sums as
may be necessary to carry out the purpose of the pro-
gram, as authorized by title VII of the Public Health
Service Act, as amended: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize gross obligations for the total loan principal any
part of which is to be guaranteed at not to exceed
$140,000,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $2,688,000.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensa-
tion Program Trust Fund, such sums as may be nec-
essary for claims associated with vaccine-related injury or
death with respect to vaccines administered after Septem-
ber 30, 1988, pursuant to subtitle 2 of title XXI of the
Public Health Service Act, to remain available until ex-
pended: Provided, That for necessary administrative ex-
penses, not to exceed $3,000,000 shall be available from
the Trust Fund to the Secretary of Health and Human
Services.
VACCINE INJURY COMPENSATION
For payment of claims resolved by the United
States Court of Federal Claims related to the administra-
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tion of vaccines before October 1, 1988, $110,000,000 to
remain available until expended.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
To carry out titles II, III, VII, XI, XV, XVII, and
XIX of the Public Health Service Act, sections 101, 102,
103, 201, 202, 203, 301, and 501 of the Federal Mine
Safety and Health Act of 1977, and sections 20, 21 and
22 of the Occupational Safety and Health Act of 1970,
title IV of the Immigration and Nationality Act and sec-
tion 501 of the Refugee Education Assistance Act of
1980; including insurance of official motor vehicles in
foreign countries; and hire, maintenance, and operation
of aircraft, $2,262,698,000, of which $30,553,000 shall
remain available until expended for equipment and con-
struction and renovation of facilities, and of which
$32,000,000 shall remain available until September 30,
1998 for mine safety and health activities, and in addi-
tion, such sums as may be derived from authorized user
fees, which shall be credited to this account: Provided,
That in addition to amounts provided herein, up to
$48,400,000 shall be available from amounts available
under section 241 of the Public Health Service Act, to
carry out the National Center for Health Statistics sur-
veys: Provided further, That none of the funds made
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available for injury prevention and control at the Centers
for Disease Control and Prevention may be used to advo-
cate or promote gun control: Provided further, That the
Director may redirect the total amount made available
under authority of Public Law 101–502, section 3, dated
November 3, 1990, to activities the Director may so des-
ignate: Provided further, That the Congress is to be noti-
fied promptly of any such transfer: Provided further,
That the functions described in clause (1) of the first
proviso under the subheading ‘‘mines and minerals’’
under the heading ‘‘Bureau of Mines’’ in the text of title
I of the Department of the Interior and Related Agencies
Appropriations Act, 1996, as enacted by section 101 (c)
of the Omnibus Consolidated Rescissions and Appropria-
tions Act of 1996 (Public Law 104–134), are hereby
transferred to, and vested in, the Secretary of Health and
Human Services, subject to section 1531 of title 31,
United States Code: Provided further, That of the
amount provided, $23,000,000 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.
In addition, $41,000,000, to be derived from the
Violent Crime Reduction Trust Fund, for carrying out
sections 40151 and 40261 of Public Law 103–322.
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NATIONAL INSTITUTES OF HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the
Public Health Service Act with respect to cancer,
$2,382,532,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the
Public Health Service Act with respect to cardiovascular,
lung, and blood diseases, and blood and blood products,
$1,433,001,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For carrying out section 301 and title IV of the
Public Health Service Act with respect to dental disease,
$195,997,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
KIDNEY DISEASES
For carrying out section 301 and title IV of the
Public Health Service Act with respect to diabetes and
digestive and kidney disease, $815,982,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
AND STROKE
For carrying out section 301 and title IV of the
Public Health Service Act with respect to neurological
disorders and stroke, $726,746,000.
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NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES
For carrying out section 301 and title IV of the
Public Health Service Act with respect to allergy and in-
fectious diseases, $1,257,234,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the
Public Health Service Act with respect to general medical
sciences, $998,470,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN
DEVELOPMENT
For carrying out section 301 and title IV of the
Public Health Service Act with respect to child health
and human development, $631,703,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the
Public Health Service Act with respect to eye diseases
and visual disorders, $332,735,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For carrying out sections 301 and 311 and title
IV of the Public Health Service Act with respect to envi-
ronmental health sciences, $308,819,000.
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NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the
Public Health Service Act with respect to aging,
$486,047,000.
NATIONAL INSTITUTE OF ARTHRITIS AND
MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the
Public Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $257,111,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER
COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the
Public Health Service Act with respect to deafness and
other communication disorders, $188,422,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the
Public Health Service Act with respect to nursing re-
search, $59,743,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
ALCOHOLISM
For carrying out section 301 and title IV of the
Public Health Service Act with respect to alcohol abuse
and alcoholism, $212,004,000.
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NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the
Public Health Service Act with respect to drug abuse,
$489,375,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the
Public Health Service Act with respect to mental health,
$701,585,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the
Public Health Service Act with respect to research re-
sources 
and 
general 
research 
support 
grants,
$415,145,000: Provided, That none of these funds shall
be used to pay recipients of the general research support
grants program any amount for indirect expenses in con-
nection with such grants: Provided further, That
$20,000,000 shall be for extramural facilities construc-
tion grants.
NATIONAL CENTER FOR HUMAN GENOME RESEARCH
For carrying out section 301 and title IV of the
Public Health Service Act with respect to human genome
research, $189,657,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E.
Fogarty International Center, $26,586,000.
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NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the
Public Health Service Act with respect to health informa-
tion communications, $151,103,000, of which $4,000,000
shall be available until expended for improvement of in-
formation systems: Provided, That in fiscal year 1997,
the Library may enter into personal services contracts for
the provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Insti-
tutes of Health.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office
of 
the 
Director, 
National 
Institutes 
of 
Health,
$287,206,000, of which $35,589,000 shall be for the Of-
fice of AIDS Research: Provided, That funding shall be
available for the purchase of not to exceed five passenger
motor vehicles for replacement only: Provided further,
That the Director may direct up to 1 percent of the total
amount made available in this Act to all National Insti-
tutes of Health appropriations to activities the Director
may so designate: Provided further, That no such appro-
priation shall be increased or decreased by more than 1
percent by any such transfers and that the Congress is
promptly notified of the transfer: Provided further, That
NIH is authorized to collect third party payments for the
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cost of clinical services that are incurred in National In-
stitutes of Health research facilities and that such pay-
ments shall be credited to the National Institutes of
Health Management Fund: Provided further, That all
funds credited to the NIH Management Fund shall re-
main available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That up to
$200,000 shall be available to carry out section 499 of
the Public Health Service Act.
BUILDINGS AND FACILITIES
For the study of, construction of, and acquisition
of equipment for, facilities of or used by the National In-
stitutes of Health, including the acquisition of real prop-
erty, $200,000,000, to remain available until expended,
of which $90,000,000 shall be for the clinical research
center: Provided, That, notwithstanding any other provi-
sion of law, a single contract or related contracts for the
development and construction of the clinical research cen-
ter may be employed which collectively include the full
scope of the project: Provided further, That the solicita-
tion and contract shall contain the clause ‘‘availability of
funds’’ found at 48 CFR 52.232–18.
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SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public
Health Service Act with respect to substance abuse and
mental health services, the Protection and Advocacy for
Mentally Ill Individuals Act of 1986, section 30401 of
Public Law 103–322 and section 301 of the Public
Health Service Act with respect to program management,
$2,134,743,000, of which $5,000,000 shall be for grants
to rural and Native American projects and $12,800,000
shall be for activities authorized by section 30401 of Pub-
lic Law 103–322.
RETIREMENT PAY AND MEDICAL BENEFITS FOR
COMMISSIONED OFFICERS
For retirement pay and medical benefits of Public
Health Service Commissioned Officers as authorized by
law, and for payments under the Retired Serviceman’s
Family Protection Plan and Survivor Benefit Plan and
for medical care of dependents and retired personnel
under the Dependents’ Medical Care Act (10 U.S.C. ch.
55), and for payments pursuant to section 229(b) of the
Social Security Act (42 U.S.C. 429(b)), such amounts as
may be required during the current fiscal year.
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AGENCY FOR HEALTH CARE POLICY AND RESEARCH
HEALTH CARE POLICY AND RESEARCH
For carrying out titles III and IX of the Public
Health Service Act, and part A of title XI of the Social
Security Act, $96,175,000; in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data tapes shall
be credited to this appropriation and shall remain avail-
able until expended: Provided, That the amount made
available pursuant to section 926(b) of the Public Health
Service Act shall not exceed $47,412,000.
HEALTH CARE FINANCING ADMINISTRATION
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, ti-
tles 
XI 
and 
XIX 
of 
the 
Social 
Security 
Act,
$75,056,618,000, to remain available until expended.
For making, after May 31, 1997, payments to
States under title XIX of the Social Security Act for the
last quarter of fiscal year 1997 for unanticipated costs,
incurred for the current fiscal year, such sums as may be
necessary.
For making payments to States under title XIX
of the Social Security Act for the first quarter of fiscal
year 1998, $27,988,993,000, to remain available until ex-
pended.