H. R. 1977—48
(C) For agencies other than the Fish and Wildlife Service,
up to 15% of current year collections of each agency, but not
greater than fee collection costs for that fiscal year, to remain
available for expenditure without further appropriation in
accordance with paragraph (2)(C).
(D) For agencies other than the Fish and Wildlife Service,
the balance to the special account established pursuant to
subparagraph (A) of section 4(i)(1) of the Land and Water
Conservation Fund Act, as amended.
(E) For the Fish and Wildlife Service, the balance shall
be distributed in accordance with section 201(c) of the Emer-
gency Wetlands Resources Act.
(2)(A) Expenditures from site specific special funds shall be
for further activities of the area, site or project from which funds
are collected, and shall be accounted for separately.
(B) Expenditures from agency specific special funds shall be
for use on an agency-wide basis and shall be accounted for sepa-
rately.
(C) Expenditures from the fee collection support fund shall
be used to cover fee collection costs in accordance with section
4(i)(1)(B) of the Land and Water Conservation Fund Act, as
amended: Provided, That funds unexpended and unobligated at
the end of the fiscal year shall not be deposited into the special
account established pursuant to section 4(i)(1)(A) of said Act and
shall remain available for expenditure without further appropria-
tion.
(3) In order to increase the quality of the visitor experience
at public recreational areas and enhance the protection of resources,
amounts available for expenditure under this section may only
be used for the area, site or project concerned, for backlogged
repair and maintenance projects (including projects relating to
health and safety) and for interpretation, signage, habitat or facility
enhancement, resource preservation, annual operation (including
fee collection), maintenance, and law enforcement relating to public
use. The agencywide accounts may be used for the same purposes
set forth in the preceding sentence, but for areas, sites or projects
selected at the discretion of the respective agency head.
(d)(1) Amounts collected under this section shall not be taken
into account for the purposes of the Act of May 23, 1908 and
the Act of March 1, 1911 (16 U.S.C. 500), the Act of March 4,
1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. 1012),
the Act of August 8, 1937 and the Act of May 24, 1939 (43 U.S.C.
1181f et seq.), the Act of June 14, 1926 (43 U.S.C. 869–4), chapter
69 of title 31, United States Code, section 401 of the Act of June
15, 1935 (16 U.S.C. 715s), the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l), and any other provision of law relating
to revenue allocation.
(2) Fees charged pursuant to this section shall be in lieu of
fees charged under any other provision of law.
(e) The Secretary of the Interior and the Secretary of Agri-
culture shall carry out this section without promulgating regula-
tions.
(f) The authority to collect fees under this section shall com-
mence on October 1, 1995, and end on September 30, 1998. Funds
in accounts established shall remain available through September
30, 2001.
H. R. 1977—49
SEC. 316. Section 2001(a)(2) of Public Law 104–19 is amended
as follows: Strike ‘‘September 30, 1997’’ and insert in lieu thereof
‘‘December 31, 1996’’.
SEC. 317. None of the funds made available in this Act may
be used for any program, project, or activity when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any applicable Federal law relating to risk assess-
ment, the protection of private property rights, or unfunded man-
dates.
SEC. 318. None of the funds provided in this Act may be
made available for the Mississippi River Corridor Heritage Commis-
sion.
SEC. 319. GREAT BASIN NATIONAL PARK.—Section 3 of the Great
Basin National Park Act of 1986 (16 U.S.C. 410mm–1) is amended—
(1) in the first sentence of subsection (e) by striking ‘‘shall’’
and inserting ‘‘may’’; and
(2) in subsection (f)—
(A) by striking ‘‘At the request’’ and inserting the fol-
lowing:
‘‘(1) EXCHANGES.—At the request’’;
(B) by striking ‘‘grazing permits’’ and inserting ‘‘grazing
permits and grazing leases’’; and
(C) by adding after ‘‘Federal lands.’’ the following:
‘‘(2) ACQUISITION BY DONATION.—
(A) IN GENERAL.—The Secretary may acquire by dona-
tion valid existing permits and grazing leases authorizing
grazing on land in the park.
(B) TERMINATION.—The Secretary shall terminate a
grazing permit or grazing lease acquired under subpara-
graph (A) so as to end grazing previously authorized by
the permit or lease.’’.
SEC. 320. None of the funds made available in this Act shall
be used by the Department of Energy in implementing the Codes
and Standards Program to propose, issue, or prescribe any new
or amended standard: Provided, That this section shall expire on
September 30, 1996: Provided further, That nothing in this section
shall preclude the Federal Government from promulgating rules
concerning energy efficiency standards for the construction of new
federally-owned commercial and residential buildings.
SEC. 321. 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 pedestrian 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 consist-
ent with generally accepted safety standards.
SEC. 322. (a) None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or expended
to accept or process applications for a patent for any mining or
mill site claim located under the general mining laws.
(b) The provisions of subsection (a) shall not apply if the Sec-
retary 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
H. R. 1977—50
placer claims, and section 2337 of the Revised Statutes (30 U.S.C.
42) for mill site claims, as the case may be, were fully complied
with by the applicant by that date.
(c) PROCESSING SCHEDULE.—For those applications for patents
pursuant to subsection (b) which were filed with the Secretary
of the Interior, prior to September 30, 1994, the Secretary of the
Interior shall—
(1) Within three months of the enactment of this Act,
file with the House and Senate Committees on Appropriations
and the Committee on Resources of the House of Representa-
tives and the Committee on Energy and Natural Resources
of the United States Senate a plan which details how the
Department of the Interior will make a final determination
as to whether or not an applicant is entitled to a patent under
the general mining laws on at least 90 percent of such applica-
tions within five years of the enactment of this Act and file
reports annually thereafter with the same committees detailing
actions taken by the Department of the Interior to carry out
such plan; and
(2) Take such actions as may be necessary to carry out
such plan.
(d) MINERAL
EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Bureau of Land Managment to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion 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. 323. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of acquiring
lands in the counties of Lawrence, Monroe, or Washington, Ohio,
for the Wayne National Forest.
SEC. 324. No part of any appropriation contained in this Act
or any other Act shall be expended or obligated to fund the activities
of the Office of Forestry and Economic Development after December
31, 1995.
SEC. 325. No part of any appropriation contained in this Act
or any other Act shall be expended or obligated to: (a) redefine
the definition of an area in which a marbled murrelet is ‘‘known
to be nesting’’; or (b) to modify the protocol for surveying for marbled
murrelets in effect on July 21, 1995.
SEC. 326. (a) LAND EXCHANGE.—The Secretary of the Interior
(hereinafter referred to as the ‘‘Secretary’’) is authorized to convey
to the Boise Cascade Corporation (hereinafter referred to as the
‘‘Corporation’’), a corporation formed under the statutes of the State
of Delaware, with its principal place of business at Boise, Idaho,
title to approximately seven acres of land, more or less, located
in sections 14 and 23, township 36 north, range 37 east, Willamette
Meridian, Stevens County, Washington, further identified in the
records of the Bureau of Reclamation, Department of the Interior,
as Tract No. GC–19860, and to accept from the Corporation in
exchange therefor, title to approximately one hundred and thirty-
six acres of land located in section 19, township 37 north, range
H. R. 1977—51
38 east and section 33, township 38 north, range 37 east, Willamette
Meridian, Stevens County, Washington, and further identified in
the records of the Bureau of Reclamation, Department of the
Interior, as Tract No. GC–19858 and Tract No. GC–19859, respec-
tively.
(b) APPRAISAL.—The properties so exchanged either shall be
approximately equal in fair market value or if they are not approxi-
mately equal, shall be equalized by the payment of cash to the
Corporation or to the Secretary as required or in the event the
value of the Corporation’s lands is greater, the acreage may be
reduced so that the fair market value is approximately equal:
Provided, That the Secretary shall order appraisals made of the
fair market value of each tract of land included in the exchange
without consideration for improvements thereon: Provided further,
That any cash payment received by the Secretary shall be covered
in the Reclamation Fund and credited to the Columbia Basin
project.
(c) ADMINISTRATIVE COSTS.—Costs of conducting the necessary
land surveys, preparing the legal descriptions of the lands to be
conveyed, performing the appraisals, and administrative costs
incurred in completing the exchange shall be borne by the Corpora-
tion.
(d) LIABILITY FOR HAZARDOUS SUBSTANCES.—(1) The Secretary
shall not acquire any lands under this Act if the Secretary deter-
mines that such lands, or any portion thereof, have become contami-
nated with hazardous substances (as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601)).
(2) Notwithstanding any other provision of law, the United
States shall have no responsibility or liability with respect to any
hazardous wastes or other substances placed on any of the lands
covered by this Act after their transfer to the ownership of any
party, but nothing in this Act shall be construed as either diminish-
ing or increasing any responsibility or liability of the United States
based on the condition of such lands on the date of their transfer
to the ownership of another party. The Corporation shall indemnify
the United States for liabilities arising under the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601), and the Resource Conservation Recovery Act (42
U.S.C. 6901 et seq.).
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this Act.
SEC. 327. TIMBER SALES PIPELINE RESTORATION FUNDS.—(a)
The Secretary of Agriculture and the Secretary of the Interior
shall each establish a Timber Sales Pipeline Restoration Fund
(hereinafter ‘‘Agriculture Fund’’ and ‘‘Interior Fund’’ or ‘‘Funds’’).
Any revenues received from sales released under section 2001(k)
of the fiscal year 1995 Supplemental Appropriations for Disaster
Assistance and Rescissions Act, minus the funds necessary to make
payments to States or local governments under other law concerning
the distribution of revenues derived from the affected lands, which
are in excess of $37,500,000 (hereinafter ‘‘excess revenues’’) shall
be deposited into the Funds. The distribution of excess revenues
between the Agriculture Fund and Interior Fund shall be calculated
by multiplying the total of excess revenues times a fraction with
a denominator of the total revenues received from all sales released