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SEC. 314. (a) Except as provided in subsection (b),
no part of any appropriation contained in this Act or any
other Act shall be obligated or expended for the operation
or implementation of the Interior Columbia River Basin
Ecoregion Assessment Project (hereinafter ‘‘Project’’).
(b) From the funds appropriated to the Forest Serv-
ice and the Bureau of Land Management, $600,000 is
made available to publish by January 1, 1996, for peer
review and public comment, the scientific information col-
lected, and analysis undertaken, by the Project prior to
the date of enactment of this Act concerning forest health
conditions and forest management needs related to those
conditions.
(c)(1) From the funds appropriated to the Forest
Service, the Secretary of Agriculture (hereinafter ‘‘Sec-
retary’’) shall—
(A) review the land and resource management
plan (hereinafter ‘‘plan’’) for each national forest
within the area encompassed by the Project and any
policy which is applicable to such plan (whether or
not such policy is final or draft, or has been added
to such plan by amendment), which is or is intended
to be of limited duration, and which the Project was
tasked to address; and
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(B) determine whether such policy modified to
meet the specific conditions of such national forest,
or another policy which serves the purpose of such
policy, should be adopted for such national forest.
(2) If the Secretary makes a decision that such a
modified or alternative policy should be adopted for such
national forest, the Secretary shall prepare and adopt for
the plan for such national forest an amendment which
contains such policy, which is directed solely to and affects
only such plan, and which addresses the specific conditions
of the national forest and the relationship of such policy
to such conditions.
(3) To the maximum extent practicable, any amend-
ment prepared pursuant to paragraph (2) shall establish
procedures to develop site-specific standards in lieu of im-
posing general standards applicable to multiple sites. Any
amendment which would result in any change in land allo-
cations within the plan or reduce the likelihood of achieve-
ment of the goals and objectives of the plan (prior to any
previous amendment incorporating in the plan any policy
referred to in paragraph (1)(A)) shall be deemed a signifi-
cant plan amendment pursuant to section 6(f)(4) of the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(4)).
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(4) Any amendment prepared pursuant to paragraph
(2) which adopts a modified or alternative policy to sub-
stitute for a policy referred to in paragraph (1)(A) which
has undergone consultation pursuant to section 7 of the
Endangered Species Act of 1973 shall not again be subject
to the consultation provisions of such section 7. No further
consultation shall be undertaken on any policy referred to
in paragraph (1)(A).
(5) Any amendment prepared pursuant to paragraph
(2) shall be adopted on or before March 31, 1996: Pro-
vided, That any amendment deemed a significant amend-
ment pursuant to paragraph (3) shall be adopted on or
before June 30, 1996.
(6) No policy referred to in paragraph (1)(A) shall
be effective on or after April 1, 1996.
SEC. 315. (a) The Secretary of the Interior (acting
through the Bureau of Land Management, the National
Park Service and the United States Fish and Wildlife
Service) and the Secretary of Agriculture (acting through
the Forest Service) shall each implement a fee program
to demonstrate the feasibility of user-generated cost recov-
ery for the operation and maintenance of recreation sites
and habitat enhancement projects on Federal lands.
(b) In carrying out the pilot program established pur-
suant to this section, the appropriate Secretary shall select
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from areas under the jurisdiction of each of the four agen-
cies referred to in subsection (a) no fewer than 10, but
as many as 30, sites or projects for fee demonstration.
For each such demonstration, the Secretary, notwith-
standing any other provision of law—
(1) shall charge and collect fees for admission
to the area or for the use of outdoor recreation sites,
facilities, visitor centers, equipment, and services by
individuals and groups, or any combination thereof;
(2) shall establish fees under this section based
upon a variety of cost recovery and fair market valu-
ation methods to provide a broad basis for feasibility
testing;
(3) may contract with any public or private en-
tity to provide visitor services, including reservations
and information, and may accept services of volun-
teers to collect fees charged pursuant to paragraph
(1); and
(4) may encourage private investment and part-
nerships to enhance the delivery of quality customer
services and resource enhancement, and provide ap-
propriate recognition to such partners or investors.
(c)(1) Amounts collected at each fee demonstration
site in excess of 104 percent of that site’s total collections
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during the previous fiscal year shall be distributed as fol-
lows:
(i) Eighty percent of the amounts collected at
the demonstration site shall be deposited in a special
account in the Treasury established for the adminis-
trative unit in which the project is located and shall
remain available for expenditure in accordance with
paragraph (3) for further activities of the site or
project.
(ii) Twenty percent of the amounts collected at
the demonstration site shall be deposited in a special
account in the Treasury for each agency and shall
remain available for expenditure in accordance with
paragraph (3) for use on an agencywide basis.
(2) For purposes of this subsection, ‘‘total collec-
tions’’ for each site shall be defined as gross collections
before any reduction for amounts attributable to collection
costs.
(3) Expenditures from the special funds shall be ac-
counted for separately.
(4) In order to increase the quality of the visitor expe-
rience at public recreational areas and enhance the protec-
tion of resources, amounts available for expenditure under
paragraph (1) may only be used for the site or project
concerned, for backlogged repair and maintenance projects
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(including projects relating to health and safety) and for
interpretation, signage, habitat or facility enhancement,
resource preservation, annual operation, 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 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 Agriculture shall carry out this section without promul-
gating regulations.
(f) The authority to collect fees under this section
shall commence on October 1, 1995, and end on Septem-
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ber 30, 1996. Funds in accounts established shall remain
available through September 30, 1997.
SEC. 316. The Forest Service and Bureau of Land
Management may offer for sale salvageable timber in the
Pacific Northwest in fiscal year 1996: Provided, That for
public lands known to contain the Northern spotted owl,
such salvage sales may be offered as long as the offering
of such sale will not render the area unsuitable as habitat
for the Northern spotted owl: Provided further, That tim-
ber salvage activity in spotted owl habitat is to be done
in full compliance with all existing environmental and for-
est management laws.
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 assessment, the protection of
private property rights, or unfunded mandates.
SEC. 318. None of the funds provided in this Act may
be made available for the Mississippi River Corridor Herit-
age Commission.
SEC. 319. (a) LIMITATION ON USE OF FUNDS.—
None of the funds made available in this Act may be used
by the Department of Energy in implementing the Codes
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and Standards Program to plan, propose, issue, or pre-
scribe any new or amended standard.
(b) CORRESPONDING REDUCTION IN FUNDS.—The
aggregate amount otherwise provided in this Act for ‘‘DE-
PARTMENT OF ENERGY—Energy Conservation’’ is
hereby reduced by $12,799,000.
SEC. 320. None of the funds made available in this
Act may be used by the Department of Energy in imple-
menting the Codes and Standards Program to plan, pro-
pose, issue, or prescribe any new or amended standard—
(1) when it is made known to the Federal offi-
cial having authority to obligate or expend such
funds that the Attorney General, in accordance with
section 325(o)(2)(B) of the Energy Policy and Con-
servation Act (42 U.S.C. 6295(o)(2)(B)), determined
that the standard is likely to cause significant anti-
competitive effects;
(2) that the Secretary of Energy, in accordance
with such section 325(o)(2)(B), has determined that
the benefits of the standard do not exceed its bur-
dens; or
(3) that is for flourescent lamps ballasts.
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 pe-
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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. 322. No funds appropriated or otherwise made
available pursuant to this Act in fiscal year 1996 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 or to issue a patent for any such
claim.
SEC. 323. None of the funds appropriated or other-
wise made available by this Act may be used for the pur-
poses of acquiring lands in the counties of Lawrence, Mon-
roe, or Washington, Ohio, for the Wayne National Forest.
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 1996’’.
Passed the House of Representatives July 18, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
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