HR 2107 RS
of New Hampshire with a report based on the study
described in paragraph 1.
(k) NO REGULATORY AUTHORITY.—Nothing in this
Act provides the Commission with any regulatory author-
ity.
(l) AUTHORIZATION
OF APPROPRIATIONS.—For the
purpose of carrying out the functions of the Commission,
there is authorized to be appropriated $50,000.
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, $187,644,000 $188,644,000,
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 health man-
agement, cooperative forestry, and education and land
conservation activities, $157,922,000 $162,668,000, to re-
main available until expended, as authorized by law: Pro-
vided, That of funds available under this heading for Pa-
cific Northwest Assistance in this or prior appropriations
Acts, $800,000 shall be provided to the World Forestry Cen-
ter for purposes of continuing scientific research and other
HR 2107 RS
authorized efforts regarding the land exchange efforts in the
Umpqua River Basin region: Provided further, That activi-
ties conducted pursuant to funds provided herein for the
Alaska Spruce Bark Beetle task force shall be exempt from
the requirements of the Federal Advisory Committee Act.
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 forest planning, inventory, and monitoring, and for ad-
ministrative 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,’’
$1,364,480,000 $1,346,215,000, to remain available until
expended, which shall include 50 per centum of all monies
received during prior fiscal years 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 $10,000,000 of
the funds provided herein for road maintenance shall be
available for the planned obliteration of roads which are
no longer needed: Provided further, That funds may be used
to construct or reconstruct facilities of the Forest Service:
Provided further, That no more than $250,000 shall be used
HR 2107 RS
on any single project, exclusive of planning and design
costs: Provided further, That the Forest Service shall report
annually to Congress the amount obligated for each project,
and the total dollars obligated during the year.
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, $591,715,000 $582,715,000 to remain available
until expended: Provided, 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, $160,122,000
(reduced
by
$5,600,000) $160,269,000, to remain available until ex-
pended for construction, reconstruction and acquisition of
buildings and other facilities, and for construction, recon-
struction and repair of forest roads and trails by the For-
est 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, (reduced to $25,000,000), to remain avail-
able until expended, may be obligated for the construction
of forest roads by timber purchasers.
HR 2107 RS
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-
tive expenses, and for acquisition of land or waters, or in-
terest therein, in accordance with statutory authority ap-
plicable to the Forest Service, $45,000,000 $49,176,000,
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.
HR 2107 RS
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 per centum of all moneys
received during the prior fiscal year, as fees for grazing
domestic livestock on lands in National Forests in the six-
teen Western States, pursuant to section 401(b)(1) of
Public Law 94–579, as amended, to remain available until
expended, of which not to exceed 6 per centum shall be
available for administrative expenses associated with on-
the-ground range rehabilitation, protection, and improve-
ments.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
MIDEWIN NATIONAL TALLGRASS PRAIRIE RESTORATION
FUND
All funds collected for admission, occupancy, and use
of the Midewin National Tallgrass Prairie, and the salvage
value proceeds from sale of any facilities and improve-
ments pursuant to sections 2915(d) and (e) of Public Law
104–106, are hereby appropriated and made available
until expended for the necessary expenses of restoring and
administering the Midewin National Tallgrass Prairie in
accordance with section 2915(f) of the Act.
HR 2107 RS
COOPERATIVE WORK, FOREST SERVICE
For restoring the balances borrowed for previous
years firefighting, $128,000,000, to remain available until
expended: Provided, That the appropriation shall be
merged with and made a part of the designated fund au-
thorized by Public Law 71–319, as amended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of not to
exceed 159 passenger motor vehicles of which 22 will be
used primarily for law enforcement purposes and of which
156 shall be for replacement; acquisition of 25 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; (2) serv-
ices pursuant to 7 U.S.C. 2225, and not to exceed
$100,000 for employment under 5 U.S.C. 3109; (3) pur-
chase, erection, and alteration of buildings and other pub-
lic improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a;
(5) for expenses pursuant to the Volunteers in the Na-
tional Forest Act of 1972 (16 U.S.C. 558a, 558d, and
HR 2107 RS
558a note); (6) the cost of uniforms as authorized by 5
U.S.C. 5901–5902; and (7) 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 other than the relocation of the re-
gional office for Region 10 to Ketchikan and other office
relocations and closures in Alaska as specified in the Com-
mittee report accompanying this bill, without the consent
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 or dam-
aged lands or waters 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-
HR 2107 RS
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 the report accompanying this bill.
None of the funds available to the Forest Service may
be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in ac-
cordance with the procedures contained in the report ac-
companying this bill.
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
HR 2107 RS
nonmonetary awards of nominal value and to incur nec-
essary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to
Forest Service programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service
under authority of section 101 of Public Law 93–153 (30
U.S.C. 185(1)) as reimbursement of administrative and
other costs incurred in processing pipeline right-of-way or
permit applications and for costs incurred in monitoring
the construction, operation, maintenance, and termination
of any pipeline and related facilities, may be used to reim-
burse the applicable appropriation to which such costs
were originally charged.
Funds available to the Forest Service shall be avail-
able to conduct a program of not less than $1,000,000
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
HR 2107 RS
stands damaged by natural disaster: Provided further,
That landscape architects shall be used to maintain a vis-
ually pleasing forest.
Any money collected from the States for fire suppres-
sion assistance rendered by the Forest Service on non-
Federal lands not in the vicinity of National Forest Sys-
tem lands shall be used to reimburse the applicable appro-
priation and shall remain available until expended as the
Secretary may direct in conducting activities authorized
by 16 U.S.C. 2101 note, 2101–2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the For-
est Service is authorized to employ or otherwise contract
with persons at regular rates of pay, as determined by the
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
HR 2107 RS
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, of the funds available to the Forest Service,
up to $2,000,000 $2,500,000 may be advanced in a lump
sum as Federal financial assistance to the National Forest
Foundation, without regard to when the Foundation in-
curs expenses, for administrative expenses or projects on
or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal
funds made available to the Foundation, no more than
$500,000 $1,000,000 shall be available for administrative
expenses: Provided further, That the Foundation shall ob-
tain, by the end of the period of Federal financial assist-
ance, private contributions to match on at least one-for-
one basis funds made available by the Forest Service: Pro-
vided further, That the Foundation may transfer Federal
funds to a recipient of Federal financial assistance for a
project at the same rate that the recipient has obtained
the non-Federal matching funds: Provided further, That
hereafter, the National Forest Foundation may hold Fed-
eral funds made available but not immediately disbursed
and may use any interest or other investment income
earned (before, on, or after the date of enactment of this
Act) on Federal funds to carry out the purposes of Public
HR 2107 RS
Law 101–593: Provided further, That such investments
may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both prin-
cipal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244,
up to $2,000,000 of the funds available to the Forest
Service shall be available for matching funds, as author-
ized by 16 U.S.C. 3701–3709, and may be advanced in
a lump sum as Federal financial assistance, without re-
gard to when expenses are incurred, for projects on or ben-
efitting National Forest System lands or related to Forest
Service programs: Provided, That the Foundation shall ob-
tain, by the end of the period of Federal financial assist-
ance, private contributions to match on at least one-for-
one basis funds advanced by the Forest Service: Provided
further, That the Foundation may transfer Federal funds
to a recipient of Federal financial assistance for a project
at the same rate that the recipient has obtained the non-
Federal matching funds.
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
HR 2107 RS
the ‘‘National Forest System’’ and ‘‘Reconstruction and
Construction’’ accounts and planned to be allocated to ac-
tivities under the ‘‘Jobs in the Woods’’ program for
projects on National Forest land in the State of Washing-
ton may be granted directly to the Washington State De-
partment of Fish and Wildlife for accomplishment of
planned projects. Twenty percent of said funds shall be
retained by the Forest Service for planning and admin-
istering projects. Project selection and prioritization shall
be accomplished by the Forest Service with such consulta-
tion with the State of Washington as the Forest Service
deems appropriate.
Funds appropriated to the Forest Service shall be
available for payments to counties within the Columbia
River Gorge National Scenic Area, pursuant to sections
14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
663.
Any funds available to the Forest Service may be
used for retrofitting the Commanding Officer’s Building
(S–2), to accommodate the relocation of the Forest Super-
visor’s Office for the San Bernardino National Forest:
Provided, That funds for the move must come from funds
otherwise available to Region 5: Provided further, That
any funds to be provided for such purposes shall only be
HR 2107 RS
available upon approval of the House and Senate Commit-
tees on Appropriations.
The Secretary of Agriculture is authorized to enter
into grants, contracts, and cooperative agreements as ap-
propriate with the Pinchot Institute for Conservation, as
well as with public and other private agencies, organiza-
tions, institutions, and individuals, to provide for the de-
velopment, administration, maintenance, or restoration of
land, facilities, or Forest Service programs, at the Grey
Towers National Historic Landmark: Provided, That, sub-
ject to such terms and conditions as the Secretary of Agri-
culture may prescribe, any such public or private agency,
organization, institution, or individual may solicit, accept,
and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the ac-
tivities and services at the Grey Towers National Historic
Landmark: Provided further, That such gifts may be ac-
cepted notwithstanding the fact that a donor conducts
business with the Department of Agriculture in any capac-
ity.
Funds appropriated to the Forest Service shall be
available, as determined by the Secretary, for payments
to Del Norte County, California, pursuant to sections
13(e) and 14 of the Smith River National Recreation Area
Act (Public Law 101–612).
HR 2107 RS
For purposes of the Southeast Alaska Economic Dis-
aster 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 applica-
ble 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 Depart-
ment for more than 30 days unless the individual’s em-
ploying agency or office is fully reimbursed by the receiv-
ing 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, $101,000,000
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
HR 2107 RS
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, $313,153,000 $363,969,000, to remain available
until expended: Provided, That no part of the sum herein
made available shall be used for the field testing of nuclear
explosives in the recovery of oil and gas.
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER OF FUNDS)
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, 1997, shall be deposited in this
account and immediately transferred to the General Fund
of the Treasury. Monies received as revenue sharing from
operation of the Great Plains Gasification Plant shall be
immediately transferred to the General Fund of the Treas-
ury.
HR 2107 RS
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petro-
leum and oil shale reserve activities, $115,000,000
$107,000,000, and such sums as are necessary to operate
Naval Petroleum Reserve Numbered 1 between May 16,
1998 and September 30, 1998, to remain available until
expended: Provided, That notwithstanding any other pro-
vision of law, revenues received from use and operation
of Naval Petroleum Reserve Numbered 1 in excess of
$163,000,000 shall be used to offset the costs of operating
Naval Petroleum Reserve Numbered 1 between May 16,
1998 and September 30, 1998: Provided further, That rev-
enues retained pursuant to the first proviso under this
head in Public Law 102–381 (106 Stat. 1404) shall be
immediately transferred to the General Fund of the Treas-
ury: Provided further, That the requirements of 10 U.S.C.
7430(b)(2)(B) shall not apply to fiscal year 1998.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $644,766,000 $627,357,000, to remain
available until expended, including, notwithstanding any
other provision of law, the excess amount for fiscal year
1998 determined under the provisions of section 3003(d)
of Public Law 99–509 (15 U.S.C. 4502): Provided, That
$153,845,000 $160,100,000 shall be for use in energy con-
servation programs as defined in section 3008(3) of Public
HR 2107 RS
Law 99–509 (15 U.S.C. 4507) and shall not be available
until excess amounts are determined under the provisions
of section 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 allo-
cated to the eligible programs as follows: $123,845,000
$129,000,000 for weatherization assistance grants and
$30,000,000 $31,100,000 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.), $209,000,000 $207,500,000, to remain available
until expended, of which $209,000,000 $207,500,000 shall
be repaid from the ‘‘SPR Operating Fund’’ from amounts
made available from the sale of oil from the Reserve: Pro-
vided, That notwithstanding section 161 of the Energy
Policy and Conservation Act, the Secretary shall draw
down and sell in fiscal year 1998 $209,000,000
HR 2107 RS
$207,500,000 worth of oil from the Strategic Petroleum
Reserve: Provided further, That the proceeds from the sale
shall be deposited into the ‘‘SPR Operating Fund’’, and
shall, upon receipt, be transferred to the Strategic Petro-
leum Reserve account for operations of the Strategic Pe-
troleum 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 1998 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, $66,800,000
$62,800,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of
sums may be made to other agencies of the Government
HR 2107 RS
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
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-
HR 2107 RS
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.
The Secretary is authorized to accept funds from
other Federal agencies in return for assisting agencies in
achieving energy efficiency in Federal facilities and oper-
ations by the use of privately financed, energy saving per-
formance contracts and other private financing mecha-
nisms. The funds may be provided after agencies begin
to realize energy cost savings; may be retained by the Sec-
retary until expended; and may be used only for the pur-
HR 2107 RS
pose of assisting Federal agencies in achieving greater ef-
ficiency, water conservation, and use of renewable energy
by means of privately financed mechanisms, including en-
ergy savings performance contracts. Any such privately fi-
nanced contracts shall meet the provisions of the Energy
Policy Act of 1992, Public Law 102–496 102–486 (42
U.S.C. 8287).
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, $1,829,008,000
$1,958,235,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) for services
furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agree-
ments or compacts authorized by the Indian Self-Deter-
mination and Education 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
HR 2107 RS
available to the tribe or tribal organization without fiscal
year limitation: Provided further, That $12,000,000 shall
remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That
$359,348,000 $362,375,000 for contract medical care shall
remain available for obligation until September 30, 1999:
Provided further, That of the funds provided, not less than
$11,889,000 shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care Im-
provement 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 recorded in the year for which the
funds are appropriated: Provided further, That the
amounts collected by the Secretary 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 Security Act (exclusive of planning, de-
sign, or construction of new facilities): Provided further,
That of the funds provided, $7,500,000 shall remain avail-
able until expended, for the Indian Self-Determination
Fund, which shall be available for the transitional costs
of initial or expanded tribal contracts, compacts, grants
HR 2107 RS
or cooperative agreements with the Indian Health Service
under the provisions of the Indian Self-Determination Act:
Provided further, That funding contained herein, and in
any earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available for obligation until
September 30, 1999: Provided further, That amounts re-
ceived by tribes and tribal organizations under title IV of
the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and
tribal organizations until expended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Im-
provement Act,–and for expenses necessary to carry out
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities
support
activities
of
the
Indian
Health
Service,
$257,310,000 $168,501,000, to remain available until ex-
HR 2107 RS
pended: Provided, That notwithstanding any other provi-
sion of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the bene-
fit of an Indian tribe or tribes may be used to purchase
land for sites to construct, improve, or enlarge health or
related facilities.
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-
HR 2107 RS
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. 2651–2653) shall
be credited to the account of the facility providing the
service and shall be available without fiscal year limitation:
Provided further, That notwithstanding any other law or
regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health
Service shall be administered under Public Law 86–121
(the Indian Sanitation Facilities Act) and Public Law 93–
638, as amended: Provided further, That funds appro-
priated to the Indian Health Service in this Act, except
those used for administrative and program direction pur-
poses, shall not be subject to limitations directed at cur-
tailing Federal travel and transportation: Provided further,
That notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement au-
thorized by title I or title III of the Indian Self-Determina-
tion and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-deter-
mination contract under title I, or a self-governance agree-
ment under title III of such Act and thereafter shall re-
main available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the
HR 2107 RS
funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian
Health Service until the Indian Health Service has sub-
mitted a budget request reflecting the increased costs as-
sociated 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 ap-
propriation structure set forth in this Act:–Provided fur-
ther, 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 with
respect to functions transferred by the Indian Health Serv-
ice to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in ad-
vance with subsequent adjustment, and the reimbursements
HR 2107 RS
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act,
may be credited to the same or subsequent appropriation
account which provided the funding, said amounts to re-
main available until expended: Provided further, That re-
imbursements for training, technical assistance, or serv-
ices provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or tech-
nical assistance: Provided further, That the appropriation
structure for the Indian Health Service may not be altered
without advance approval of the House and Senate Com-
mittees on Appropriations.
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, $18,345,000 $15,000,000, to remain available until
expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly
substandard housing, and all others certified as eligible
and not included in the preceding categories: Provided fur-
HR 2107 RS
ther, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian
Relocation 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 replacement home is provided for such household: Pro-
vided 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 pursu-
ant 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), $3,000,000 $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
HR 2107 RS
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
(for terms not to exceed thirty years), and protection of
buildings, facilities, and approaches; not to exceed
$100,000 for services as authorized by 5 U.S.C. 3109; up
to 5 replacement passenger vehicles; purchase, rental, re-
pair, 
and 
cleaning 
of 
uniforms 
for 
employees;
$334,557,000
$333,708,000, of which not to exceed
$32,718,000 for the instrumentation program, collections
acquisition, Museum Support Center equipment and move,
exhibition reinstallation, the National Museum of the
American Indian, the repatriation of skeletal remains pro-
gram, research equipment, information management, and
Latino programming shall remain available until ex-
pended, 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 Re-
search Centers: Provided, That funds appropriated herein
are available for advance payments to independent con-
tractors performing research services or participating in
official Smithsonian presentations.
HR 2107 RS
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.
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, $50,000,000 $32,000,000, to remain avail-
able until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or restoration of buildings of the Smithsonian Insti-
tution may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well
as price.
CONSTRUCTION
For necessary expenses for construction, $33,000,000,
to remain available until expended: Provided, That not-
withstanding any other provision of law, a single procure-
ment for the construction of the National Museum of the
American Indian may be issued which includes the full
scope of the project: Provided further, That the solicitation
HR 2107 RS
and the contract shall contain the clause ‘‘availability of
funds’’ found at 48 CFR 52.232.18.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gal-
lery of Art, the protection and care of the works of art
therein, and administrative expenses incident thereto, as
authorized by the Act of March 24, 1937 (50 Stat. 51),
as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for
membership in library, museum, and art associations or
societies whose publications or services are available to
members only, or to members at a price lower than to the
general public; purchase, repair, and cleaning of uniforms
for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901–5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alter-
ation, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals,
firms, or organizations at such rates or prices and under
HR 2107 RS
such terms and conditions as the Gallery may deem prop-
er, $55,837,000, 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, $6,442,000 $5,942,000, to re-
main available until expended: Provided, That contracts
awarded for environmental systems, protection systems,
and exterior repair or renovation of buildings of the Na-
tional Gallery of Art may be negotiated with selected con-
tractors and awarded on the basis of contractor qualifica-
tions 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, $11,375,000.
CONSTRUCTION
For necessary expenses for capital repair and reha-
bilitation of the existing features of the building and site
of the John F. Kennedy Center for the Performing Arts,
$9,000,000, to remain available until expended.
HR 2107 RS
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For necessary expenses of the Woodrow Wilson Inter-
national Center for Scholars, $1,000,000.
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $5,840,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as
amended, $83,300,000 shall be available to the National
Endowment for the Arts for the support of projects and pro-
ductions in the arts through assistance to organizations and
individuals pursuant to section 5(c) of the Act, and for ad-
ministering 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: Pro-
HR 2107 RS
vided, That this appropriation shall be available for obliga-
tion 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), sub-
sections 11(a)(2)(A) and 11(a)(3)(A) during the current
and preceding fiscal years for which equal amounts have
not previously been appropriated.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $96,100,000 $96,800,000, shall be available
to the National Endowment for the Humanities for sup-
port of activities in the humanities, pursuant to section
7(c) of the Act, and for administering the functions of the
Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $13,900,000, to remain available
until expended, of which $8,000,000 shall be available to
the National Endowment for the Humanities for the pur-
poses of section 7(h): Provided, That this appropriation
shall be available for obligation only in such amounts as
may be equal to the total amounts of gifts, bequests, and
HR 2107 RS
devises of money, and other property accepted by the
Chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B)
during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
OFFICE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out subtitle C of the Museum and Li-
brary Services Act of 1996, $23,390,000 $22,290,000, 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), $907,000.
HR 2107 RS
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
$7,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on
Historic Preservation (Public Law 89–665, as amended),
$2,700,000 $2,745,000: Provided, That none of these
funds shall be 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,
$5,700,000 $5,740,000: Provided, That all appointed mem-
bers will be compensated at a rate not to exceed the rate
for Executive Schedule Level IV: Provided further, That
beginning in fiscal year 1998 and thereafter, the Commis-
sion is authorized to charge fees to cover the full costs
of Geographic Information System products and services
supplied by the Commission, and such fees shall be cred-
ited to this account as an offsetting collection, to remain
available until expended.
100
HR 2107 RS
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, $31,707,000 of which $1,575,000 for the Muse-
um’s repair and rehabilitation program and $1,264,000
for the Museum’s exhibitions program shall remain avail-
able until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive Order issued pursuant to existing law.
SEC. 302. No part of any appropriation under this
Act shall be available to the Secretary of the Interior or
the Secretary of Agriculture for the leasing of oil and nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access
to minerals owned by private individuals.
101
HR 2107 RS
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.
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’’).
102
HR 2107 RS
(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-
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
103
HR 2107 RS
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
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. Beginning in fiscal year 1998 and there-
after, where the actual costs of construction projects under
self-determination contracts, compacts, or grants, pursu-
ant 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 Sec-
retary 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, beginning
104
HR 2107 RS
in fiscal year 1998 and therafter, may be made on the
first business day following the first day of a fiscal quar-
ter.
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
VA–HUD and Independent Agencies fiscal year 1998 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.
105
HR 2107 RS
(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
(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) On September 30, 1998, the Secretary of the In-
terior shall 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 re-
port on actions taken by the Department under the plan
submitted pursuant to section 314(c) of the Department
of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104–208).
(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
third-party contractor to be selected by the Bureau of
106
HR 2107 RS
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. None of the funds available to the Depart-
ment of the Interior or the Department of Agriculture by
this or any other Act may be used to prepare, promulgate,
implement, or enforce any interim or final rule or regula-
tion pursuant to title VIII of the Alaska National Interest
Lands Conservation Act to assert jurisdiction, manage-
ment, or control over any waters (other than non-navi-
gable waters on Federal lands), non-Federal 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 Native Corporation
pursuant to the Alaska Native Claims Settlement Act.
107
HR 2107 RS
SEC. 317. 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
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,
1998, 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,
1998.
SEC. 318. No part of any appropriation contained in
this Act shall be expended or obligated to fund the activi-
ties of the western director and special assistant to the
Secretary within the Office of the Secretary of Agri-
culture.
108
HR 2107 RS
SEC. 318. No part of any appropriation contained in
this Act shall be expended or obligated to fund the activities
of the western director and special assistant to the Secretary
within the Office of the Secretary of Agriculture unless the
proposed expenditure is approved in advance by the House
and Senate Committees on Appropriations in compliance
with the reprogramming procedures contained in the report
accompanying this bill.
SEC. 319. Notwithstanding any other provision of
law, for fiscal year 1998 and hereafter the Secretaries of
Agriculture and Interior are authorized to limit competi-
tion for watershed 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. 320. Section 101(c) of Public Law 104–134 is
amended as follows: Under the heading ‘‘TITLE III—
GENERAL PROVISIONS’’ amend section 315(c)(1),
subsections (A) and (B) by striking each of those sub-
sections and inserting in lieu thereof:
‘‘(A) Eighty percent to a special account in the
Treasury for use without further appropriation, by
109
HR 2107 RS
the agency which administers the site, to remain
available for expenditure in accordance with para-
graph (2)(A).
‘‘(B) Twenty percent to a special account in the
Treasury for use without further appropriation, by
the agency which administers the site, to remain
available for expenditure in accordance with para-
graph (2)(B).’’.
SEC. 321. None of the funds collected under the Rec-
reational Fee Demonstration program may be used to
plan, design, or construct a visitor center or any other per-
manent structure without prior approval of the House and
the Senate Committees on Appropriations if the estimated
total cost of the facility exceeds $500,000.
SEC. 322. Section 303(d)(1) of Public Law 96–451
(16 U.S.C. 1606a(d)(1)) is amended by inserting before
the semicolon the following: ‘‘and other forest stand im-
provement activities to enhance forest health and reduce
hazardous fuel loads of forest stands in the National For-
est System’’.
SEC. 323. The Secretaries of Agriculture and Inte-
rior, in their conducting the Interior Columbia Basin Eco-
system Management Project, including both the Eastside
Draft Environmental Impact Statement and the Upper
Columbia River Basin Ecosystem Management Strategy
110
HR 2107 RS
Draft Environmental Impact Statement as described in a
Federal Register notice on January 15, 1997 (Vol. 62, No.
10, page 2176) (hereinafter ‘‘Project’’), shall analyze the
economic and social conditions, and culture and customs
of communities at the sub-basin level of analysis within
the project area to the extent practicable and delineate
the impacts the alternatives will have on the communities
in the 164 sub-basins. The project managers shall release
this more thorough analysis for public review as an addi-
tion to the draft environmental impact statements for the
project, and incorporate this analysis and public comments
to this analysis in any final environmental impact state-
ments and record of decisions generated by the project.
SEC. 324. Notwithstanding section 904(b) of Public
Law 104–333, hereafter, the Heritage Area established
under section 904 of title IX of division II of Public Law
104–333 shall include any portion of a city, town, or vil-
lage within an area specified in section 904(b)(2) of that
Act only to the extent that the government of the city,
town, or village, in a resolution of the governing board
or council, agrees to be included and submits the resolu-
tion to the Secretary of the Interior and the management
entities for the Heritage Area and to the extent such reso-
lution is not subsequently revoked in the same manner.
111
HR 2107 RS
SEC. 325. None of the funds appropriated or other-
wise made available to the Indian Health Service by this
Act may be used to restructure the funding of Indian
health care delivery systems to Alaskan Natives.
SEC. 325. (a) Notwithstanding any other provision of
law, and except as provided in this section, the Aleutian/
Pribilof Islands Association, Inc., Bristol Bay Area Health
Corporation, Chugachmiut, Copper River Native Associa-
tion, Kodiak Area Native Area Association, Maniilaq Asso-
ciation, Metlakatla Indian Community, Arctic Slope Native
Association, Ltd., Norton Sound Health Corporation,
Southcentral Foundation, Southeast Alaska Regional
Health Consortium, Tanana Chiefs Conference, Inc., and
Yukon-Kuskokwim Health Corporation (hereinafter ‘‘re-
gional health entities’’), without further resolutions from the
Regional Corporations, Village Corporations, Indian Reor-
ganization Act Councils, tribes and/or villages which they
represent are authorized to form a consortium (hereinafter
‘‘the Consortium’’) to enter into contracts, compacts, or
funding agreements under Public Law 93–638 (25 U.S.C.
450 et seq.), as amended, to provide all statewide health
services provided by the Indian Health Service of the U.S.
Department of Health and Human Services through the
Alaska Native Medical Center and the Alaska Area Office.
Each specified ‘‘regional health entity’’ shall maintain that
112
HR 2107 RS
status for purposes of participating in the Consortium only
so long as it operates a regional health program for the In-
dian Health Service under Public Law 93–638 (25 U.S.C.
450 et seq.), as amended.
(b) The Consortium shall be governed by a 15 member
Board of Directors, which shall be composed of one rep-
resentative of each regional health entity listed in subsection
(a) above, and two additional persons who shall represent
Indian tribes, as defined in 25 U.S.C. 450b(e), and sub-
regional tribal organizations which operate health pro-
grams not affiliated with the regional health entities listed
above and Indian tribes not receiving health services from
any tribal, regional or sub-regional health provider. Each
member of the Board of Directors shall be entitled to cast
one vote. Decisions of the Board of Directors shall be made
by consensus whenever possible, and by majority vote in
the event that no consensus can be reached. The Board of
Directors shall establish at its first meeting its rules of pro-
cedure, which shall be published and made available to all
members.
(c) The statewide health services (including any pro-
grams, functions, services and activities provided as part
of such services) of the Alaska Native Medical Center and
the Alaska Area Office may only be provided by the Consor-
tium. Statewide health services for purposes of this section
113
HR 2107 RS
shall consist of all programs, functions, services, and activi-
ties provided by or through the Alaska Native Medical Cen-
ter and the Alaska Area Office, not under contract or other
funding agreement with any other tribe or tribal organiza-
tion as of October 1, 1997, except as provided in subsection
(d) below. All statewide health services provided by the Con-
sortium under this section shall be provided pursuant to
contracts or funding agreements entered into by the Consor-
tium under Public Law 93–638 (25 U.S.C. 450 et seq.),
as amended, and for such purpose the Consortium shall be
deemed to have mature contract status as defined in section
4(h) of the Indian Self-Determination and Education As-
sistance Act, 25 U.S.C. 450b(h).
(d) Cook Inlet Region, Inc., through Southcentral
Foundation (or any successor health care entity designated
by Cook Inlet Region, Inc.) pursuant to Public Law 93–
638 (25 U.S.C. 450 et seq.), as amended, is hereby author-
ized to enter into contracts or funding agreements under
such Public Law for all services, provided at or through
the Alaska Native Primary Care Center or other satellite
clinics in Anchorage or the Matanuska-Susitna Valley with-
out submission of any further authorizing resolutions from
any other Alaska Native Region, village corporation, In-
dian Reorganization Act council, or tribe, no matter where
located. Services provided under this paragraph shall, at
114
HR 2107 RS
a minimum, maintain the level of statewide and Anchorage
Service Unit services provided at the Alaska Native Pri-
mary Care Center as of October 1, 1997, including nec-
essary related services performed at the Alaska Native Medi-
cal Center. In addition, Cook Inlet Region, Inc., through
Southcentral Foundation, or any lawfully designated health
care entity of Cook Inlet Region, Inc., shall contract or enter
into a funding agreement under Public Law 93–638 (25
U.S.C. 450 et seq.), as amended, for all primary care serv-
ices provided by the Alaska Native Medical Center, includ-
ing, but not limited to, family medicine, primary care in-
ternal medicine, pediatrics, obstetrics and gynecology, phys-
ical therapy, psychiatry, emergency services, public health
nursing, health education, optometry, dentistry, audiology,
social services, pharmacy, radiology, laboratory and bio-
medical, and the administrative support for these programs,
functions, services and activities. Cook Inlet Region, Inc.,
through Southcentral Foundation, or any lawfully des-
ignated health care entity of Cook Inlet Region, Inc., may
provide additional health care services at the Alaska Native
Medical Center if such use and services are provided pursu-
ant to an agreement with the Consortium. All services cov-
ered by this subsection shall be provided on a nondiscrim-
inatory basis without regard to residency within the Mu-
nicipality of Anchorage.
115
HR 2107 RS
SEC. 326. (a) Notwithstanding any other provision of
law, after September 30, 1997 the Indian Health Service
may not disburse funds for the provision of health care serv-
ices pursuant to Public Law 93–638 (25 U.S.C. 450 et seq.),
with any Alaska Native village or Alaska Native village cor-
poration that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to pro-
hibit the disbursal of funds to any Alaska Native village
or Alaska Native village corporation under any contract or
compact entered into prior to May 1, 1997, or to prohibit
the renewal of any such agreement.
(c) The General Accounting Office shall conduct a
study of the impact of contracting and compacting by the
Indian Health Service under Public Law 93–638 with Alas-
ka Native villages and Alaska Native village corporations
for the provision of health care services on the provision
of health care services by Alaska Native regional corpora-
tion health care entities. The General Accounting Office
shall submit the results of that study to the Committee on
Appropriations of the Senate and the Committee on Appro-
priations of the House by June 1, 1998.
SEC. 326. None of the funds made available by this
Act may be used for the eviction of any person from real
property in Sleeping Bear Dunes National Lakeshore that
116
HR 2107 RS
the person was authorized, on July 10, 1997, to occupy
under a lease by the Department of the Interior or a spe-
cial use permit issued by the Department of the Interior.
SEC. 327. None of the funds made available by this
Act may be obligated or expended for the Man and Bio-
sphere Program or the World Heritage Program adminis-
tered by the United Nations Educational, Scientific, and
Cultural Organization (UNESCO).
SEC. 328. None of the funds made available in this
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as
a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary
to county ordinance.
SEC. 329. 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 indi-
vidual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, ex-
cept a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
117
HR 2107 RS
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in ex-
change 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. 330. The National Endowment for the Arts and
the National Endowment for the Humanities are authorized
to solicit, accept, receive, and invest in the name of the
United States, gifts, bequests, or devises of money and other
property or services and to use such in furtherance of the
functions of the National Endowment for the Arts and the
National Endowment for the Humanities. Any proceeds
from such gifts, bequests, or devises, after acceptance by the
National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman
shall enter the proceeds in a special interest-bearing account
to the credit of the appropriate Endowment for the purposes
specified in each case.
SEC. 331. In fiscal years 1998 through 2002, the Sec-
retaries of the Interior and Agriculture may make recip-
rocal delegations of their respective authorities, duties and
118
HR 2107 RS
responsibilities in support of joint pilot programs to pro-
mote customer service and efficiency in the management of
public lands and national forests: Provided, That nothing
herein shall alter, expand or limit the existing applicability
of any public law or regulation to lands administered by
the Bureau of Land Management or the United States For-
est Service.
SEC. 332. No part of any appropriation contained in
this Act shall be expended or obligated to fund any activities
associated with revision of national forest land manage-
ment plans until the administration publishes new final
rules in the Federal Register for forest land management
planning activities.
SEC. 333. No part of any appropriation contained in
this Act shall be expended or obligated to fund any activities
associated with issuance of the five year program under the
Forest and Rangeland Renewable Resources Planning Act.
SEC. 334. (a) WATERSHED RESTORATION AND EN-
HANCEMENT AGREEMENTS—IN GENERAL.—For fiscal year
1998 and each year thereafter, appropriations for the Forest
Service may be used by the Secretary of Agriculture for the
purpose of entering into cooperative agreements with will-
ing state and local governments, private and non-profit en-
tities and landowners for protection, restoration and en-
hancement of fish and wildlife habitat, and other resources
119
HR 2107 RS
on public or private land or both that benefit these resources
within the watershed.
(b) DIRECT
AND
INDIRECT
WATERSHED
AGREE-
MENTS.—The Secretary of Agriculture may enter into a wa-
tershed 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 entity, edu-
cational institution, or private non-profit organiza-
tion.
(c) TERMS AND CONDITIONS.—In order for the Sec-
retary to enter into a watershed restoration and enhance-
ment 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 resources on
national forests lands within 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;
120
HR 2107 RS
(D) provide for the sharing of costs of im-
plementing the agreement among the Federal
government, the landowner(s), and other entities,
as mutually agreed on by the affected interests;
and
(E) ensure that any expenditure by the Sec-
retary pursuant to the agreement is determined
by the Secretary to be in the public interest; and
(2) the Secretary may require such other terms
and conditions as are necessary to protect the public
investment on non-federal lands, provided such terms
and conditions are mutually agreed to by the Sec-
retary and other land owners, state and local govern-
ments or both.
SEC. 335. The joint resolution entitled ‘‘Joint Resolu-
tion to establish a commission to formulate plans for a me-
morial to Franklin Delano Roosevelt’’, approved August 11,
1955 (69 Stat. 694), is amended—
(a) in the first section by inserting before the last
sentence the following: ‘‘The Commission shall submit
a final report to the President and Congress prior to
termination.’’;
(b) by redesignating section 4 as section 5; and
(c) by inserting after section 3 the following:
121
HR 2107 RS
‘‘TERMINATION OF THE COMMISSION
‘‘SEC. 4. (a) IN GENERAL.—The Commission shall ter-
minate on the earlier of—
‘‘(1) December 31, 1997; or
‘‘(2) the date that the Commission reports to the
President and the Congress that the Commission’s
work is complete.
‘‘(b) COMMISSION FUNDS.—
‘‘(1) DESIGNATION.—Before the termination of
the Commission, the Commission shall designate a
nonprofit organization to collect, manage, and expend
Commission funds after its termination.
‘‘(2) TRANSFER OF FUNDS.—Before termination
the Commission shall transfer all Commission funds
to the entity designated under paragraph (1).
‘‘(3) 
AMOUNTS
COLLECTED
AFTER
TERMI-
NATION.—The entity designated under paragraph (1)
shall have the right to collect any amounts accruing
to the Commission after the Commission’s termi-
nation, including amounts—
(A) given to the Commission as a gift or be-
quest; or
(B) raised from the sale of coins issued
under the United States Commemorative Coin
122
HR 2107 RS
Act of 1996 (110 Stat. 4005; 31 U.S.C. 5112
note).
‘‘(4) USES OF FUNDS.—The Commission may
specify uses for any funds made available under this
section to the entity designated under paragraph (1),
including—
‘‘(A) to provide for the support, mainte-
nance, and repair of the Memorial; and
‘‘(B) to interpret and educate the public
about the Memorial.
‘‘(5) NEGOTIATION AND CONTRACT.—The Com-
mission may negotiate and contract with a nonprofit
organization before designating the organization
under paragraph (1).’’.
SEC. 336. To facilitate priority land exchanges
through which the United States will receive land within
the White Salmon Wild and Scenic River boundaries and
within the Columbia River Gorge National Scenic Area, the
Secretary of Agriculture may hereafter accept title to such
lands deemed appropriate by the Secretary within the
States of Oregon and Washington, regardless of the State
in which the transferred lands are located, following exist-
ing exchange authorities.
SEC. 337. The boundary of the Wenatchee National
Forest in Chelan County, Washington, is hereby adjusted
123
HR 2107 RS
to exclude section 1 of Township 23 North, Range 19 East,
Willamette Meridian.
SEC. 338. None of the funds provided in this Act can
be used for any activities associated with the Center of Ex-
cellence for Sustainable Development unless a budget re-
quest has been submitted and approved by the Committees
on Appropriations of the House of Representatives and the
United States Senate.
SEC. 339. (a) No funds provided in this or any other
act may be expended to develop a rulemaking proposal to
amend or replace the Bureau of Land Management regula-
tions found at 43 C.F.R. 3809 or to prepare a draft envi-
ronmental impact statement on any such proposal, until
the Secretary of the Interior establishes a Committee which
shall prepare and submit a report in accordance with this
section.
(b) The Committee shall be composed of appropriate
representatives from the Department of the Interior and a
representative appointed by the Governor from each State
that contains public lands open to location under the Gen-
eral Mining Laws. The Committee shall be established and
operated pursuant to the terms of the Federal Advisory
Committee Act, 5 U.S.C. ap 2 1 et seq.
(c) The Committee established pursuant to subsection
(b) shall prepare and submit a report to the Committees
124
HR 2107 RS
on Energy and Natural Resources and Appropriations of
the United States Senate and the Committees on Resources
and Appropriations of the United States House of Rep-
resentatives which (1) contains consensus recommendations
on the appropriate relationship of States and Federal land
management agencies in environmental, land management
and regulation of activities subject to the Bureau’s regula-
tions at 43 C.F.R. 3809, (2) identifies current and proposed
State environmental, land management and reclamation
laws, regulations, performance standards and policies ap-
plicable to such activities, including those State laws and
regulations which have been adopted to achieve primacy in
the administration of federally mandated efforts; (3) ex-
plains how these current State laws, regulations, perform-
ance standards and policies are coordinated with Federal
surface management efforts; and (4) contains consensus rec-
ommendations for how Federal and State coordination can
be maximized in the future to ensure environmental protec-
tion and minimize regulatory duplication, conflict and bur-
dens.
SEC. 340. (a) The Secretary of Agriculture shall con-
vey to Skamania County, Washington, all right, title, and
interest of the United States in and to a parcel of unused
real property known as the Wind River Nursery site, Gif-
ford Pinchot National Forest, Washington. (See U.S. De-
125
HR 2107 RS
partment of Interior Geological Survey modified for USDA
Forest Service map, Stabler Quadrangle, Washington,
Skamania County, 7.5 minutes series, topographic, Provi-
sional Edition 1983). The conveyance under this subsection
shall include all improvements to the parcel, including all
infrastructure, water rights, easements, and personal prop-
erty.
(b) As consideration for the conveyance under sub-
section (b), Skamania County shall convey to the United
States all right, title, and interest of the county in a parcel
of approximately 120 acres of high biodiversity, special
management area land located within the Columbia River
Gorge National Scenic Area.
(c) The exact acreage and legal description of the real
property to be exchanged by Skamania County under this
section shall be determined by a survey. The cost of any
such survey shall be borne by Skamania County.
(d) The conveyances made pursuant to this section
shall be subject to existing valid rights.
(e) Section 120(h) of the Comprehensive Environ-
mental Response, Compensation, Liability Act of 1980 (42
U.S.C. 9620(h)) shall apply to the conveyance required
under subsection (b).
(f) The Secretary may require such additional terms
and conditions in connection with the conveyance under
126
HR 2107 RS
subsection (a) as the Secretary considers appropriate to
protect the interests of the United States consistent with ex-
isting law.
SEC. 341. (a) LOCAL EXEMPTIONS FROM FOREST
SERVICE USER FEES DUE TO LESS THAN FULL FUNDING
OF PAYMENTS IN LIEU OF TAXES.—Section 6906 of title
31, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Necessary’’; and
(2) by adding at the end the following:
‘‘(b) LOCAL EXEMPTIONS FROM USER FEES DUE TO
INSUFFICIENT APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Unless sufficient funds are
appropriated for a fiscal year to provide full pay-
ments under this chapter to each unit of general local
government eligible for the payments, persons residing
within the boundaries of that unit of general local
government shall be exempt during that fiscal year
from any requirement to pay a recreational user fee
imposed by the Secretary of Agriculture for access to
the White Mountain National Forest that lies, in
whole or in part, within those boundaries.
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons
127
HR 2107 RS
who are exempt from requirements to pay user fees
under paragraph (1).’’.
SEC. 342. None of the funds in this or any other Act
shall be expended by the Department of the Interior, the
Forest Service or any other Federal agency, for the intro-
duction of the grizzly bear population in the Selway-
Bitteroot area of Idaho and adjacent Montana, or for con-
sultations under section 7(b)(2) of the Endangered Species
Act for Federal actions affecting grizzly bear within the
Selway-Bitteroot area of Idaho, except that, funds may be
used by the Department of the Interior or the Forest Service,
or any other Federal agency for the purposes of receiving
public comment on the draft Environmental Impact State-
ment dated July 1997, and for conducting a habitat-based
population viability analysis.
TITLE IV—DEFICIT REDUCTION LOCK-BOX
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Deficit Reduction
Lock-box Act of 1997’’.
SEC. 402. DEFICIT REDUCTION LOCK-BOX LEDGER.
(a) ESTABLISHMENT OF LEDGER.—Title III of the
Congressional Budget Act of 1974 is amended by adding
at the end the following new section:
‘‘DEFICIT REDUCTION LOCK-BOX LEDGER
‘‘SEC. 314. (a) ESTABLISHMENT OF LEDGER.—The
Director of the Congressional Budget Office (hereinafter
128
HR 2107 RS
in this section referred to as the ‘Director’) shall maintain
a ledger to be known as the ‘Deficit Reduction Lock-box
Ledger’. The Ledger shall be divided into entries cor-
responding to the subcommittees of the Committees on
Appropriations. Each entry shall consist of three parts:
the ‘House Lock-box Balance’; the ‘Senate Lock-box Bal-
ance’; and the ‘Joint House-Senate Lock-box Balance’.
‘‘(b) COMPONENTS OF LEDGER.—Each component in
an entry shall consist only of amounts credited to it under
subsection (c). No entry of a negative amount shall be
made.
‘‘(c) CREDIT OF AMOUNTS TO LEDGER.—(1) The Di-
rector shall, upon the engrossment of any appropriation
bill by the House of Representatives and upon the engross-
ment of that bill by the Senate, credit to the applicable
entry balance of that House amounts of new budget au-
thority and outlays equal to the net amounts of reductions
in new budget authority and in outlays resulting from
amendments agreed to by that House to that bill.
‘‘(2) The Director shall, upon the engrossment of
Senate amendments to any appropriation bill, credit to the
applicable Joint House-Senate Lock-box Balance the
amounts of new budget authority and outlays equal to—
‘‘(A) an amount equal to one-half of the sum of
(i) the amount of new budget authority in the House
129
HR 2107 RS
Lock-box Balance plus (ii) the amount of new budg-
et authority in the Senate Lock-box Balance for that
bill; and
‘‘(B) an amount equal to one-half of the sum
of (i) the amount of outlays in the House Lock-box
Balance plus (ii) the amount of outlays in the Sen-
ate Lock-box Balance for that bill.
‘‘(3) CALCULATION OF LOCK-BOX SAVINGS IN SEN-
ATE.—For purposes of calculating under this section the
net amounts of reductions in new budget authority and
in outlays resulting from amendments agreed to by the
Senate on an appropriation bill, the amendments reported
to the Senate by its Committee on Appropriations shall
be considered to be part of the original text of the bill.
‘‘(d) DEFINITION.—As used in this section, the term
‘appropriation bill’ means any general or special appro-
priation bill, and any bill or joint resolution making sup-
plemental,
deficiency,
or
continuing
appropriations
through the end of a fiscal year.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by in-
serting after the item relating to section 313 the following
new item:
‘‘Sec. 314. Deficit reduction lock-box ledger.’’.
130
HR 2107 RS
SEC. 403. TALLY DURING HOUSE CONSIDERATION.
There shall be available to Members in the House of
Representatives during consideration of any appropria-
tions bill by the House a running tally of the amendments
adopted reflecting increases and decreases of budget au-
thority in the bill as reported.
SEC. 404. DOWNWARD ADJUSTMENT OF 602(A) ALLOCA-
TIONS
AND
SECTION
602(B)
SUBALLOCA-
TIONS.
(a) ALLOCATIONS.—Section 602(a) of the Congres-
sional Budget Act of 1974 is amended by adding at the
end the following new paragraph:
‘‘(5) Upon the engrossment of Senate amend-
ments to any appropriation bill (as defined in section
314(d)) for a fiscal year, the amounts allocated
under paragraph (1) or (2) to the Committee on Ap-
propriations of each House upon the adoption of the
most recent concurrent resolution on the budget for
that fiscal year shall be adjusted downward by the
amounts credited to the applicable Joint House-Sen-
ate Lock-box Balance under section 314(c)(2). The
revised levels of budget authority and outlays shall
be submitted to each House by the chairman of the
Committee on the Budget of that House and shall
be printed in the Congressional Record.’’.
131
HR 2107 RS
(b) SUBALLOCATIONS.—Section 602(b)(1) of the
Congressional Budget Act of 1974 is amended by adding
at the end the following new sentence: ‘‘Whenever an ad-
justment is made under subsection (a)(5) to an allocation
under that subsection, the chairman of the Committee on
Appropriations of each House shall make downward ad-
justments in the most recent suballocations of new budget
authority and outlays under subparagraph (A) to the ap-
propriate subcommittees of that committee in the total
amounts of those adjustments under section 314(c)(2).
The revised suballocations shall be submitted to each
House by the chairman of the Committee on Appropria-
tions of that House and shall be printed in the Congres-
sional Record.’’.
SEC. 405. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act
of 1974 is amended by adding at the end the following
new sentence: ‘‘Such reports shall also include an up-to-
date tabulation of the amounts contained in the ledger and
each entry established by section 314(a).’’.
SEC. 406. DOWNWARD ADJUSTMENT OF DISCRETIONARY
SPENDING LIMITS.
The discretionary spending limits for new budget au-
thority and outlays for any fiscal year set forth in section
601(a)(2) of the Congressional Budget Act of 1974, as
132
HR 2107 RS
adjusted in strict conformance with section 251 of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
shall be reduced by the amounts set forth in the final regu-
lar appropriation bill for that fiscal year or joint resolution
making continuing appropriations through the end of that
fiscal year. Those amounts shall be the sums of the Joint
House-Senate Lock-box Balances for that fiscal year, as
calculated under section 602(a)(5) of the Congressional
Budget Act of 1974. That bill or joint resolution shall con-
tain the following statement of law: ‘‘As required by sec-
tion 406 of the Deficit Reduction Lock-box Act of 1997,
for fiscal year [nsert appropriate fiscal year] and each out-
year, the adjusted discretionary spending limit for new
budget authority shall be reduced by $ [insert appropriate
amount of reduction] and the adjusted discretionary limit
for outlays shall be reduced by $ [insert appropriate
amount of reduction] for the budget year and each out-
year.’’. Notwithstanding section 904(c) of the Congres-
sional Budget Act of 1974, section 306 of that Act as it
applies to this statement shall be waived. This adjustment
shall be reflected in reports under sections 254(g) and
254(h) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
133
HR 2107 RS
SEC. 407. EFFECTIVE DATE.
(a) IN GENERAL.—This title shall apply to all appro-
priation bills making appropriations for fiscal year 1998
or any subsequent fiscal year.
(b) DEFINITION.—As used in this section, the term
‘‘appropriation bill’’ means any general or special appro-
priation bill, and any bill or joint resolution making sup-
plemental,
deficiency,
or
continuing
appropriations
through the end of a fiscal year.
TITLE V—PRIORITY LAND ACQUISITIONS AND
EXCHANGES
For priority land acquisitions and land exchange
agreements to be conducted by the Bureau of Land Manage-
ment, the U.S. Fish and Wildlife Service, the National Park
Service and the U.S. Forest Service, $700,000,000, to be de-
rived from the Land and Water Conservation Fund, to re-
main available until September 30, 2001, of which not to
exceed $65,000,000 may be available for the acquisition of
identified lands and interests in lands to carry out the
Agreement of August 12, 1996, to acquire interests to pro-
tect and preserve Yellowstone National Park, of which not
to exceed $250,000,000 may be available for the acquisition
of identified lands and interest in lands, at the purchase
price specified, in the September 28, 1996, Headwaters For-
est Agreement, and of which $100,000,000 shall be available
for financial assistance to States pursuant to section 6 of
134
HR 2107 RS
the Land and Water Conservation Fund Act of 1965, as
amended (16 U.S.C. 460l–4–11): Provided, That the Sec-
retary of the Interior, after consultation with the Secretary
of Agriculture and with the House Committee on Appro-
priations and the Senate Committee on Appropriations,
shall submit to the Committees a list of Federal acquisitions
and exchanges proposed to be conducted with the funds pro-
vided under this heading: Provided further, That none of
the funds appropriated under this heading shall be avail-
able until the House Committee on Appropriations and the
Senate Committee on Appropriations approve, in writing,
a project list to be submitted by the Secretary: Provided
further, That none of the funds appropriated under this
heading shall be available for the acquisition of lands and
interests in lands to carry out the Agreement of August 12,
1996, to acquire interests to protect and preserve Yellow-
stone National Park, or for the acquisition of lands and
interest in lands identified in the September 28, 1996,
Headwaters Forest Agreement until enactment of legislation
specifically authorizing such expenditure: Provided further,
That any funds made available for the purpose of acquisi-
tion of the Elwha and Glines dams shall be used solely for
acquisition, and shall not be expended until the full pur-
chase amount has been appropriated by the Congress: Pro-
vided further, That of the funds provided herein, $8,500,000
135
HR 2107 RS
is available for acquisition of the Sterling Forest: Provided
further, That the National Park Service may use not to ex-
ceed $2,500,000 annually of the amounts provided herein
for the state assistance program to administer the state as-
sistance program.
TITLE VI—FOREST RESOURCES CONSERVATION
AND SHORTAGE RELIEF
SECTION 1. SHORT TITLE.—This Act may be cited as
the ‘‘Forest Resources Conservation and Shortage Relief Act
of 1997’’.
SEC. 2. (a) USE OF UNPROCESSED TIMBER—LIMITA-
TION ON SUBSTITUTION OF UNPROCESSED FEDERAL TIM-
BER FOR UNPROCESSED TIMBER FROM PRIVATE LAND.—
Section 490 of the Forest Resources Conservation and
Shortage Relief Act of 1990 (16 U.S.C. 620b) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘para-
graph (3) and’’ after ‘‘provided in’’; and
(B) by adding at the end the following:
‘‘(3) APPLICABILITY.—In the case of the pur-
chase by a person of unprocessed timber originating
from Federal lands west of the 119th meridian in the
State of Washington, this paragraph shall apply only
if—
136
HR 2107 RS
‘‘(A) the private lands referred to in para-
graph (1) are owned by the person; or
‘‘(B) the person has the exclusive right to
harvest timber from the private lands described
in paragraph (1) during a period of more than
7 years, and may exercise that right at any time
of the person’s choosing.’’;
(2) in subsection (c)—
(A) in the subsection heading, by striking
‘‘APPROVAL OF’’;
(B) in paragraph (2)—
(i) in the paragraph heading, by in-
serting ‘‘FOR SOURCING AREAS FOR PROC-
ESSING FACILITIES LOCATED OUTSIDE THE
NORTHWESTERN
PRIVATE
TIMBER
OPEN
MARKET AREA’’; after ‘‘APPLICATION’’; and
(ii) in subparagraph (A), by inserting
‘‘(except private land located in the north-
western private timber open market area)’’
after ‘‘lands’’;
(C) in paragraph (3)—
(i) in the paragraph heading, by in-
serting ‘‘FOR SOURCING AREAS FOR PROC-
ESSING
FACILITIES
LOCATED
OUTSIDE
OF
THE
NORTHWESTERN
PRIVATE
TIMBER
137
HR 2107 RS
OPEN
MARKET
AREA.—(A) IN
GENERAL’’;
after ‘‘APPROVAL’’; and
(ii) by striking the last sentence of
paragraph (3) and adding at the end the
following:
‘‘(B) FOR TIMBER MANUFACTURING FACILI-
TIES LOCATED IN IDAHO.—Except as provided in
subparagraph (D), in making a determination
referred to in subparagraph (A), the Secretary
concerned shall consider the private timber ex-
port and the private and Federal timber
sourcing patterns for the applicant’s timber
manufacturing facilities, as well as the private
and Federal timber sourcing patterns for the
timber manufacturing facilities of other persons
in the same local vicinity of the applicant, and
the relative similarity of such private and Fed-
eral timber sourcing patterns.
‘‘(C) FOR TIMBER MANUFACTURING FACILI-
TIES LOCATED IN STATES OTHER THAN IDAHO.—
Except as provided in subparagraph (D), in
making the determination referred to in sub-
paragraph (A), the Secretary concerned shall
consider the private timber export and the Fed-
eral timber sourcing patterns for the applicant’s
138
HR 2107 RS
timber manufacturing facilities, as well as the
Federal timber sourcing patterns for the timber
manufacturing facilities of other persons in the
same local vicinity of the applicant, and the rel-
ative similarity of such Federal timber sourcing
patterns. Private timber sourcing patterns shall
not be a factor in such determinations in States
other than Idaho.
‘‘(D) AREA
NOT
INCLUDED.—In deciding
whether to approve or disapprove an applica-
tion, the Secretary shall not—
‘‘(i) consider land located in the north-
western private timber open market area; or
‘‘(ii) condition approval of the appli-
cation on the inclusion of any such land in
the applicant’s sourcing area, such land
being includable in the sourcing area only
to the extent requested by the applicant.’’;
(D) in paragraph (4), in the paragraph
heading, by inserting ‘‘for sourcing areas for
processing facilities located outside the north-
western private timber open market area’’; after
‘‘application’’;
(E) in paragraph (5), in the paragraph
heading, by inserting ‘‘for sourcing areas for
139
HR 2107 RS
processing facilities located outside the north-
western private timber open market area’’; after
‘‘Determinations’’; and
(F) by adding at the end the following:
‘‘(6) SOURCING AREAS FOR PROCESSING FACILI-
TIES LOCATED IN THE NORTHWESTERN PRIVATE TIM-
BER OPEN MARKET AREA—
‘‘(A) ESTABLISHMENT.— In the northwest-
ern private timber open market area—
‘‘(i) a sourcing area boundary shall be
a circle around the processing facility of the
sourcing area applicant or holder;
‘‘(ii) the radius of the circle—
‘‘(I) shall be the furthest distance
that the sourcing area applicant or
holder proposes to haul Federal timber
for processing at the processing facil-
ity; and
‘‘(II) shall be determined solely by
the sourcing area applicant or holder;
‘‘(iii) a sourcing area shall become ef-
fective on written notice to the Regional
Forester for Region 6 of the Forest Service
of the location of the boundary of the
sourcing area;
140
HR 2107 RS
‘‘(iv) the 24-month requirement in
paragraph (1)(A) shall not apply;
‘‘(v) a sourcing area holder—
‘‘(I) may adjust the radius of the
sourcing area not more frequently than
once every 24 months; and
‘‘(II) shall provide written notice
to the Regional Forester for Region 6
of 
the 
adjusted 
boundary 
of 
its
sourcing area before using the adjusted
sourcing area; and
‘‘(vi) a sourcing area holder that relin-
quishes a sourcing area may not reestablish
a sourcing area for that processing facility
before the date that is 24 months after the
date on which the sourcing area was relin-
quished.
‘‘(B) TRANSITION.—With respect to a por-
tion of a sourcing area established before the date
of enactment of this paragraph that contains
Federal timber under contract before that date
and is outside the boundary of a new sourcing
area established under subparagraph (A)—
‘‘(i) that portion shall continue to be a
sourcing area only until unprocessed Fed-
141
HR 2107 RS
eral timber from the portion is no longer in
the possession of the sourcing area holder;
and
‘‘(ii) unprocessed timber from private
land in that portion shall be exportable im-
mediately after unprocessed timber from
Federal land in the portion is no longer in
the possession of the sourcing area holder.
‘‘(7) RELINQUISHMENT
AND
TERMINATION
OF
SOURCING AREAS.—
‘‘(A) IN GENERAL.—A sourcing area may be
relinquished at any time.
‘‘(B) EFFECTIVE DATE.—A relinquishment
of a sourcing area shall be effective as of the date
on which written notice is provided by the
sourcing area holder to the Regional Forester
with jurisdiction over the sourcing area where
the processing facility of the holder is located.
‘‘(C) EXPORTABILITY.—
‘‘(i) IN GENERAL.—On relinquishment
or termination of a sourcing area, unproc-
essed timber from private land within the
former boundary of the relinquished or ter-
minated sourcing area is exportable imme-
diately after unprocessed timber from Fed-
142
HR 2107 RS
eral land from within that area is no longer
in the possession of the former sourcing area
holder.
‘‘(ii) 
NO
RESTRICTION.—The
exportability of unprocessed timber from
private land located outside of a sourcing
area shall not be restricted or in any way
affected by relinquishment or termination of
a sourcing area.’’; and
(3) by adding at the end the following:
‘‘(d) DOMESTIC TRANSPORTATION AND PROCESSING
OF PRIVATE TIMBER.—Nothing in this section restricts or
authorizes any restriction on the domestic transportation
or processing of timber harvested from private land, except
that the Secretary may prohibit processing facilities located
in the State of Idaho that have sourcing areas from process-
ing timber harvested from private land outside of the
boundaries of those sourcing areas.’’.
(b) RESTRICTION ON EXPORTS OF UNPROCESSED TIM-
BER FROM STATE AND PUBLIC LAND.—Section 491(b)(2)
of the Forest Resources Conservation and Shortage Relief
Act of 1990 (16 U.S.C. 620c(b)(2)) is amended—
(1) by striking ‘‘the following’’ and all that fol-
lows through ‘‘(A) The Secretary’’ and inserting ‘‘the
Secretary’’;
143
HR 2107 RS
(2) by striking ‘‘during the period beginning on
June 1, 1993, and ending on December 31, 1995’’ and
inserting ‘‘as of the date of enactment of the Forest
Resources Conservation and Shortage Relief Act of
1997’’; and
(3) by striking subparagraph (B).
SEC. 3. MONITORING AND ENFORCEMENT.—Section
492 of the Forest Resources Conservation and Shortage Re-
lief Act of 1990 (16 U.S.C. 620d) is amended—
(1) in subsection (c)(2), by adding at the end the
following:
‘‘(C) MITIGATION OF PENALTIES.—
‘‘(i) IN GENERAL.—The Secretary con-
cerned—
‘‘(I) in determining the applica-
bility of any penalty imposed under
this paragraph, shall take into account
all relevant mitigating factors, includ-
ing mistake, inadvertence, and error;
and
‘‘(II) based on any mitigating
factor, may, with respect to any pen-
alty imposed under this paragraph—
‘‘(aa) reduce the penalty;
144
HR 2107 RS
‘‘(bb) not impose the penalty;
or
‘‘(cc) on condition of there
being no further violation under
this paragraph for a prescribed
period, suspend imposition of the
penalty.
‘‘(ii) CONTRACTUAL
REMEDIES.—In
the case of a minor violation of this title
(including a regulation), the Secretary con-
cerned shall, to the maximum extent prac-
ticable, permit a contracting officer to re-
dress the violation in accordance with the
applicable timber sale contract rather than
assess a penalty under this paragraph.’’;
and
(2) in subsection (d)(1)—
(A) by striking ‘‘The head’’ and inserting
the following:
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the head’’; and
(B) by adding at the end the following:
‘‘(B) PREREQUISITES FOR DEBARMENT.—
‘‘(i) IN GENERAL.—No person may be
debarred from bidding for or entering into
145
HR 2107 RS
a contract for the purchase of unprocessed
timber from Federal lands under subpara-
graph (A) unless the head of the appro-
priate Federal department or agency first
finds, on the record and after an oppor-
tunity for a hearing, that debarment is
warranted.
‘‘(ii) WITHHOLDING OF AWARDS DUR-
ING DEBARMENT PROCEEDINGS.—The head
of an appropriate Federal department or
agency may withhold an award under this
title of a contract for the purchase of un-
processed timber from Federal lands during
a debarment proceeding.’’.
SEC. 4. DEFINITIONS.—Section 493 of the Forest Re-
sources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620e) is amended—
(1) by redesignating paragraphs (3) through (8)
as paragraphs (5) through (10), respectively;
(2) by inserting after paragraph (2) the follow-
ing:
‘‘(3) MINOR VIOLATION.—The term ‘minor viola-
tion’ means a violation, other than an intentional
violation, involving a single contract, purchase order,
processing facility, or log yard involving a quantity
146
HR 2107 RS
of logs that is less than 25 logs and has a total value
(at the time of the violation) of less than $10,000.
‘‘(4) NORTHWESTERN
PRIVATE
TIMBER
OPEN
MARKET AREA.—The term ‘northwestern private tim-
ber open market area’ means the State of Washing-
ton.’’;
(3) in subparagraph (B)(ix) of paragraph (9)
(as redesignated by paragraph (1))—
(A) by striking ‘‘Pulp logs or cull logs’’ and
inserting ‘‘Pulp logs, cull logs, and incidental
volumes of grade 3 and 4 sawlogs’’;
(B) by inserting ‘‘primary’’ before ‘‘pur-
pose’’; and
(C) by striking the period at the end and
inserting: ‘‘, or to the extent that a small quan-
tity of such logs are processed, into other prod-
ucts at domestic processing facilities.’’; and
(4) by adding at the end the following:
‘‘(11) VIOLATION.—The term ‘violation’ means a
violation of this Act (including a regulation issued to
implement this Act) with regard to a course of action,
including—
‘‘(A) in the case of a violation by the origi-
nal purchaser of unprocessed timber, an act or
147
HR 2107 RS
omission with respect to a single timber sale;
and
‘‘(B) in the case of a violation by a subse-
quent purchaser of the timber, an act or omis-
sion with respect to an operation at a particular
processing facility or log yard.’’.
SEC. 5. REGULATIONS.—Section 495(a) of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620f(a)) is amended—
(1) by striking ‘‘The Secretaries’’ and inserting
the following:
‘‘(1) AGRICULTURE
AND
INTERIOR.—The Sec-
retaries’’;
(2) by striking ‘‘The Secretary of Commerce’’
and inserting the following:
‘‘(2) COMMERCE.—The Secretary of Commerce’’;
and
(3) by striking the last sentence and inserting
the following:
‘‘(3) DEADLINE.—
‘‘(A) IN
GENERAL.—Except as otherwise
provided in this title, regulations and guidelines
required under this subsection shall be issued not
later than June 1, 1998.
148
HR 2107 RS
‘‘(B) INTERIM
REGULATIONS
AND
GUIDE-
LINES.—The regulations and guidelines issued
under this title that were in effect on the date of
enactment of this paragraph shall remain in ef-
fect until new regulations and guidelines are is-
sued under subparagraph (A).
‘‘(4) PAINTING AND BRANDING.—
‘‘(A) IN
GENERAL.—The Secretary con-
cerned shall issue regulations that impose rea-
sonable painting, branding, or other forms of
marking or tracking requirements on unproc-
essed timber if—
‘‘(i) the benefits of the requirements
outweigh the cost of complying with the re-
quirements; and
‘‘(ii) the Secretary determines that,
without the requirements, it is likely that
the unprocessed timber—
‘‘(I) would be exported in viola-
tion of this title; or
‘‘(II) if the unprocessed timber
originated from Federal lands, would
be substituted for unprocessed timber
originating from private lands west of
149
HR 2107 RS
the 100th Meridian in the contiguous
48 States in violation of this title.
‘‘(B) MINIMUM SIZE.—The Secretary con-
cerned shall not impose painting, branding, or
other forms of marking or tracking requirements
on—
‘‘(i) the face of a log that is less than
7 inches in diameter; or
‘‘(ii) unprocessed timber that is less
than 8 feet in length or less than 1⁄3 sound
wood.
‘‘(C) WAIVERS.—
‘‘(i) IN GENERAL.—The Secretary con-
cerned may waive log painting and brand-
ing requirements—
‘‘(I) for a geographic area, if the
Secretary determines that the risk of
the unprocessed timber being exported
from the area or used in substitution is
low;
‘‘(II) with respect to unprocessed
timber originating from private lands
located within an approved sourcing
area for a person who certifies that the
timber will be processed at a specific
150
HR 2107 RS
domestic processing facility to the ex-
tent that the processing does occur; or
‘‘(III) as part of a log yard agree-
ment that is consistent with the pur-
poses of the export and substitution re-
strictions imposed under this title.
‘‘(ii) REVIEW
AND
TERMINATION
OF
WAIVERS.—A waiver granted under clause
(i)—
‘‘(I) shall, to the maximum extent
practicable, be reviewed once a year;
and
‘‘(II) shall remain effective until
terminated by the Secretary.
‘‘(D) FACTORS.—In making a determina-
tion under this paragraph, the Secretary con-
cerned shall consider—
‘‘(i) the risk of unprocessed timber of
that species, grade, and size being exported
or used in substitution;
‘‘(ii) the location of the unprocessed
timber and the effect of the location on its
being exported or used in substitution;
151
HR 2107 RS
‘‘(iii) the history of the person involved
with respect to compliance with log paint-
ing and branding requirements; and
‘‘(iv) any other factor that is relevant
to determining the likelihood of the unproc-
essed timber being exported or used in sub-
stitution.
‘‘(5) REPORTING.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary concerned shall issue
regulations that impose reasonable documenta-
tion and reporting requirements if the benefits of
the requirements outweigh the cost of complying
with the requirements.
‘‘(B) WAIVERS.—
‘‘(i) IN GENERAL.—The Secretary con-
cerned may waive documentation and re-
porting requirements for a person if—
‘‘(I) an audit of the records of the
facility of the person reveals substan-
tial compliance with all notice, report-
ing, painting, and branding require-
ments during the preceding year; or
‘‘(II) the person transferring the
unprocessed timber and the person
152
HR 2107 RS
processing the unprocessed timber enter
into an advance agreement with the
Secretary concerned regarding the dis-
position of the unprocessed timber by
domestic processing.
‘‘(ii) REVIEW
AND
TERMINATION
OF
WAIVERS.—A waiver granted under clause
(i)—
‘‘(I) shall, to the maximum extent
practicable, be reviewed once a year;
and
‘‘(II) shall remain effective until
terminated by the Secretary.’’.
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 1998’’.
[COMMITTEE PRINT]
Calendar No. 122
105TH CONGRESS
1ST SESSION
H. R. 2107
[Report No. 105–56]
AN ACT
Making appropriations for the Department of the
Interior and related agencies for the fiscal year
ending September 30, 1998, and for other pur-
poses.
JULY 16, 1997
Received; read twice and referred to the Committee on
Appropriations
JULY 22, 1997
Reported with amendments