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aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of forest or range fires on or threatening
lands under the jurisdiction of the Department of the Inte-
rior; for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oilspills; response and natural resource
damage assessment activities related to actual oilspills; for
the prevention, suppression, and control of actual or po-
tential grasshopper and Mormon cricket outbreaks on
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lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimburse-
ment to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for
emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority
until funds appropriated to the ‘‘Emergency Department
of the Interior Firefighting Fund’’ shall have been ex-
hausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be
‘‘emergency 
requirements’’ 
pursuant 
to 
section
251(b)(2)(D) of the Balanced Budget and Emergency
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Deficit Control Act of 1985 and must be replenished by
a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replen-
ishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were trans-
ferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, U.S.C.: Provided, That
reimbursements for costs and supplies, materials, equip-
ment, and for services rendered may be credited to the
appropriation current at the time such reimbursements
are received.
SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
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the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
by the General Services Administration for services or
rentals for periods not in excess of twelve months begin-
ning at any time during the fiscal year.
SEC. 107. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore leasing and related activities placed under re-
striction in the President’s moratorium statement of June
26, 1990, in the areas of Northern, Central, and Southern
California; the North Atlantic; Washington and Oregon;
and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 108. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of leasing, or the approval or permitting of any drilling
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or other exploration activity, on lands within the North
Aleutian Basin planning area.
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 137 or for
Sale 151 in the April 1992 proposal for the Outer Con-
tinental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992–1997.
SEC. 110. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Atlantic for
Outer Continental Shelf Lease Sale 164 in the April 1992
proposal for the Outer Continental Shelf Natural Gas and
Oil Resource Management Comprehensive Program,
1992–1997.
SEC. 111. None of the funds in this Act may be used
to issue permits necessary for the construction of jetties
at Oregon Inlet, North Carolina.
SEC. 112. None of the funds appropriated or other-
wise 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 or to issue a patent for any mining or mill
site claim located under the general mining laws.
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SEC. 113. The provisions of section 112 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 the date of enactment of
this Act, and (2) all requirements established under sec-
tions 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 that date.
SEC. 114. None of the funds in this Act may be used
to publish a National final rule defining the term ‘‘valid
existing rights’’ for purposes of section 522(e) of the Sur-
face Mining Control and Reclamation Act of 1977 or to
publish a final rule disapproving any existing State defini-
tion of valid existing rights.
SEC. 115. None of the funds appropriated or other-
wise made available in this title may be used to fund oper-
ation or support of Grazing Advisory Boards established
by order of the Secretary of the Interior.
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TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST RESEARCH
For necessary expenses of forest research as author-
ized by law, $193,083,000, to remain available until Sep-
tember 30, 1995.
INTERNATIONAL FORESTRY
For necessary expenses of international forestry as
authorized by Public Laws 101–513 and 101–624,
$16,996,000, to remain available until September 30,
1995.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and pro-
viding technical and financial assistance to States, Terri-
tories, possessions, and others; and for forest pest man-
agement activities, $155,903,000, to remain available
until expended, as authorized by law: Provided, That of
the funds previously appropriated under this head as a
grant to the National Tree Trust Foundation, $3,000,000
shall be provided as a grant to the Texas Reforestation
Foundation.
EMERGENCY PEST SUPPRESSION FUND
For necessary expenses for emergency suppression of
pests, $15,000,000, to remain available until expended:
Provided, That these funds, or any portion thereof, shall
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be available in fiscal year 1994 only to the extent that
the President notifies the Congress of his designation of
any or all of these amounts as emergency requirements
under section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further,
That Congress hereby designates these amounts as emer-
gency requirements pursuant to section 251(b)(2)(D) of
the Balanced Budget and Emergency Deficit Control Act
of 1985.
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,
and for administrative expenses associated with the man-
agement of funds provided under the heads ‘‘Forest Re-
search’’, ‘‘State and Private Forestry’’, ‘‘National Forest
System’’, ‘‘Construction’’, ‘‘Forest Service Fire Protec-
tion’’, ‘‘Emergency Forest Service Firefighting Fund’’,
‘‘Forest Service Law Enforcement’’, and ‘‘Land Acquisi-
tion’’, $1,237,272,000, to remain available for obligation
until September 30, 1995, and including 65 per centum
of all monies received during the prior fiscal year as fees
collected under the Land and Water Conservation Fund
Act of 1965, as amended, in accordance with section 4
of the Act (16 U.S.C. 460l–6a(i)): Provided, That unobli-
gated and unexpended balances in the National Forest
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System account at the end of fiscal year 1993, shall be
merged with and made a part of the fiscal year 1994 Na-
tional Forest System appropriation, and shall remain
available for obligation until September 30, 1995: Pro-
vided further, That timber volume authorized or scheduled
for sale during fiscal year 1993, but which remains unsold
at the end of fiscal year 1993, shall be offered for sale
during fiscal year 1994 in addition to the fiscal year 1994
timber sale volume to the extent possible: Provided further,
That up to $5,000,000 of the funds provided herein for
road maintenance shall be available for the planned oblit-
eration of roads which are no longer needed.
FOREST SERVICE LAW ENFORCEMENT
For necessary expenses for Forest Service law en-
forcement, including criminal investigations, as authorized
by law, $67,781,000, to remain available for obligation
until September 30, 1995.
FOREST SERVICE FIRE PROTECTION
For necessary expenses for firefighting on or adjacent
to National Forest System lands or other lands under fire
protection agreement, and for forest fire management and
presuppression on 
National 
Forest 
System 
lands,
$190,108,000, to remain available until expended: Pro-
vided, That unexpended balances of amounts previously
appropriated for this purpose under the heading ‘‘Forest
Service Firefighting’’, Forest Service, may be transferred
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to and merged with this appropriation and accounted for
as one appropriation for the same time period as originally
enacted.
EMERGENCY FOREST SERVICE FIREFIGHTING FUND
For necessary expenses for emergency rehabilitation,
presuppression due to emergencies or economic efficiency,
and wildfire suppression activities of the Forest Service,
$190,222,000, to remain available until expended: Pro-
vided, That such funds are available for repayment of ad-
vances from other appropriation accounts previously
transferred for such purposes.
CONSTRUCTION
For necessary expenses of the Forest Service, not
otherwise provided for, for construction, $237,423,000, to
remain available until expended, of which $96,495,000 is
for construction and acquisition of buildings and other fa-
cilities; and $140,228,000 is for construction and repair
of forest roads and trails by the Forest Service as author-
ized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205:
Provided, That funds becoming available in fiscal year
1994 under the Act of March 4, 1913 (16 U.S.C. 501)
shall be transferred to the General Fund of the Treasury
of the United States: Provided further, That not to exceed
$60,000,000, to remain available until expended, may be
obligated for the construction of forest roads by timber
purchasers.
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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, $56,700,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended and $300,000 which shall be de-
rived from funds appropriated under this head in Public
Law 101–512 for acquisition of land and interests therein
at and near the Old Chief Joseph Gravesite and which
shall be available for all activities under this heading.
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, $1,212,000, to
be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, to be derived from funds de-
posited by State, county, or municipal governments, public
school districts, or other public school authorities pursuant
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to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended.
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),
$96,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (a) purchase of not to
exceed 182 passenger motor vehicles of which 20 will be
used primarily for law enforcement purposes and of which
164 shall be for replacement only, of which acquisition of
122 passenger motor vehicles shall be from excess sources,
and hire of such vehicles; operation and maintenance of
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aircraft, the purchase of not to exceed two for replacement
only, and acquisition of 28 aircraft from excess sources;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or
trade-in value used to offset the purchase price for the
replacement aircraft; (b) services pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (c) purchase, erection, and alter-
ation of buildings and other public improvements (7
U.S.C. 2250); (d) acquisition of land, waters, and inter-
ests therein, pursuant to the Act of August 3, 1956 (7
U.S.C. 428a); (e) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a,
558d, 558a note); and (f) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to change the boundaries of any
region, to abolish any region, to move or close any regional
office for research, State and private forestry, or National
Forest System administration of the Forest Service, De-
partment of Agriculture, without the consent of the House
and Senate Committees on Appropriations and the Com-
mittee on Agriculture, Nutrition, and Forestry in the
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United States Senate and the Committee on Agriculture
in the United States House of Representatives.
Any appropriations or funds available to the Forest
Service may be advanced to the Forest Service Firefight-
ing appropriation and may be used for forest firefighting
and the emergency rehabilitation of burned-over lands
under its jurisdiction: Provided, That no funds shall be
made available under this authority until funds appro-
priated to the ‘‘Emergency Forest Service Firefighting
Fund’’ shall have been exhausted.
The appropriation structure for the Forest Service
may not be altered without advanced approval of the
House and Senate Committees on Appropriations.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Office of International Co-
operation and Development in connection with forest and
rangeland research, technical information, and assistance
in foreign countries, and shall be available to support for-
estry and related natural resource activities outside the
United States and its territories and possessions, includ-
ing technical assistance, education and training, and co-
operation with United States and international organiza-
tions.
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All funds received for timber salvage sales may be
credited to the Forest Service Permanent Appropriations
to be expended for timber salvage sales from any national
forest.
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agri-
culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.
147b unless the proposed transfer is approved in advance
by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures con-
tained in House Report 102–116.
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 law, any ap-
propriations or funds available to the Forest Service may
be used to disseminate program information to private and
public individuals and organizations through the use of
nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur nec-
essary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to
Forest Service programs.
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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
stands damaged by natural disaster: Provided further,
That landscape architects shall be used to maintain a vis-
ually pleasing forest.
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None of the funds made available to the Forest Serv-
ice in this Act shall be expended for the purpose of admin-
istering a special use authorization permitting land use
and occupancy and surface disturbing activities for any
project to be constructed on Rock Creek, Madera County,
California, until a study has been completed and submit-
ted to the Congress by the Forest Service in consultation
with the United States Fish and Wildlife Service, the
United States Army Corps of Engineers, the California
State Water Resources Control Board, the California De-
partment of Fish and Game and other interested public
parties regarding the project’s potential cumulative im-
pacts on the environment, together with a finding that
there will be no substantial adverse impact on the environ-
ment. Findings from the study must be presented at no
less than three public meetings.
Any money collected from the States for fire suppres-
sion assistance rendered by the Forest Service on non-
Federal lands not in the vicinity of National Forest Sys-
tem lands shall be used to reimburse the applicable appro-
priation and shall remain available until expended as the
Secretary may direct in conducting activities authorized
by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
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Of the funds available to the Forest Service, $1,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the For-
est Service is authorized to employ or otherwise contract
with persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such
as fires, storms, floods, earthquakes or any other unavoid-
able cause without regard to Sundays, Federal holidays,
and the regular workweek.
None of the funds available in this Act shall be used
for preparation of timber sales using clearcutting or other
forms of even aged management in hardwood stands in
the Shawnee National Forest, Illinois.
None of the funds available in this Act shall be used
for timber sale planning, scoping or preparation using
clearcutting in the Ouachita and Ozark-St. Francis Na-
tional Forests, Arkansas.
None of the funds available in this Act shall be used
to alter the current understory, midstory or overstory com-
position or the current proportion of pines and hardwoods
through the life of each timber stand in the Ouachita and
Ozark-St. Francis National Forest, Arkansas.
None of the funds available to the Forest Service in
this Act shall be used to plan or conduct timber sales or
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to plan or build roads in the Rocky Face, Hidden Creek
or Johns Mountain areas of the Chattahoochee National
Forest, Georgia.
Notwithstanding section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a), the Secretary
of Agriculture may negotiate sales of Pacific yew at not
less than appraised value, to parties manufacturing taxol
in the United States in accordance with the requirements
of section 505 of the Food, Drug, and Cosmetic Act (21
U.S.C. 355) for use in humans. Moneys received from the
sale of Pacific yew are hereby appropriated and made
available until expended by the Forest Service to fund the
costs associated with the harvest of Pacific yew.
The Forest Service may offer for sale salvageable
timber in Region 5 and Region 6 in fiscal year 1994: Pro-
vided, That for forests 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 unsuit-
able as habitat for the Northern spotted owl: Provided fur-
ther, That timber salvage activity in spotted owl habitat
is to be done in full compliance with all existing environ-
mental and forest management laws.
Pursuant to section 405(b), and section 410(b) of
Public Law 101–593, funds up to $1,000,000 for match-
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ing funds shall be available for the National Forest Foun-
dation.
None of the funds available to the Forest Service in
this Act shall be used to begin preparation of timber sales
in fiscal year 1994 using the scaling method.
It is the sense of Congress that the Secretary of Agri-
culture should issue rules at the earliest practicable date
on the issue of below-cost timber sales.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
The first paragraph under this head in Public Law
101–512, as amended, is further amended by striking the
phrase ‘‘$150,000,000 on October 1, 1993, and
$100,000,000 on October 1, 1994’’ and inserting
‘‘$100,000,000 on October 1, 1993, $100,000,000 on Oc-
tober 1, 1994, and $50,000,000 on October 1, 1995’’ and
by striking the phrase ‘‘$250,000,000 on October 1, 1993,
and $250,000,000 on October 1, 1994’’ and inserting
‘‘$150,000,000 on October 1, 1993, $250,000,000 on Oc-
tober 1, 1994, and $100,000,000 on October 1, 1995’’.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority
of the Department of Energy Organization Act (Public
Law 95–91), including the acquisition of interest, includ-
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ing defeasible and equitable interests in any real property
or any facility or for plant or facility acquisition or expan-
sion, $438,163,000, 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, 1993, shall be deposited in this
account and immediately transferred to the General Fund
of the Treasury. Monies received as revenue sharing from
the operation of the Great Plains Gasification Plant shall
be immediately transferred to the General Fund of the
Treasury.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petro-
leum and oil shale reserve activities, $214,772,000, to re-
main available until expended: Provided, That the require-
ments of 10 U.S.C. 7430(b)(2)(B) shall not apply in fiscal
year 1994.
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ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $702,825,000, to remain available
until expended, including, notwithstanding any other pro-
vision of law, the excess amount for fiscal year 1994 deter-
mined under the provisions of section 3003(d) of Public
Law 
99–509 
(15 
U.S.C. 
4502): 
Provided, 
That
$261,325,000 shall be for use in energy conservation pro-
grams as defined in section 3008(3) of Public Law 99–
509 (15 U.S.C. 4507) and shall not be available until ex-
cess amounts are determined under the provisions of sec-
tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):
Provided further, That notwithstanding section 3003(d)(2)
of Public Law 99–509 such sums shall be allocated to the
eligible programs as follows: $213,600,000 for the weath-
erization assistance program, $18,810,000 for the State
energy conservation program, and $28,915,000 for the in-
stitutional conservation program: Provided further, That
$3,000,000 made available in the third proviso under this
head in Public Law 102–154 (105 Stat. 1022–1023) shall
be available without restriction for use in the weatheriza-
tion 
assistance 
program: 
Provided 
further, 
That
$19,366,000 of the amount provided under this heading
shall be available for continuing research and development
efforts begun under title II of the Interior and Related
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Agencies portion of the joint resolution entitled ‘‘Joint
Resolution making further continuing appropriations for
the fiscal year 1986, and for other purposes’’, approved
December 19, 1985 (Public Law 99–190), and implemen-
tation of steel and aluminum research authorized by Pub-
lic Law 100–680: Provided further, That existing facilities,
equipment, and supplies, or previously expended research
or development funds are not accepted as contributions
for the purposes of this appropriation, except as amor-
tized, depreciated, or expensed in normal business prac-
tice: Provided further, That the total Federal expenditure
under this proviso shall be repaid up to one and one-half
times from the proceeds of the commercial sale, lease,
manufacture, or use of technologies developed under this
proviso, at a rate of one-fourth of all net proceeds: Pro-
vided further, That funding provided under this head for
electric and hybrid vehicle battery research and develop-
ment conducted on a cooperative basis with non-Federal
entities shall be available only as matched on an equal
basis by such entities: Provided further, That hereafter the
Department of Energy, for a period of up to five years
after the completion of individual projects may provide ap-
propriate protections, including exemptions from sub-
chapter II of chapter 5 of title 5, United States Code,
against the dissemination of information that results from
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activities conducted by the United States Advanced Bat-
tery Consortium or its contractors, or participants in the
hybrid vehicle propulsion development program and their
contractors and that would be a trade secret or commer-
cial or financial information that is privileged or confiden-
tial if the information had been obtained from and first
produced by a non-Federal party participating in the Unit-
ed States Advanced Battery Consortium or in the hybrid
vehicle propulsion development program.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Economic Regulatory Administration and the Office
of Hearings and Appeals, $12,994,000, to remain avail-
able until expended.
EMERGENCY PREPAREDNESS
For necessary expenses in carrying out emergency
preparedness activities, $8,901,000, to remain available
until expended.
STRATEGIC PETROLEUM RESERVE
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.), $206,810,000, to remain available until expended:
Provided, That appropriations herein made shall not be
available for leasing of facilities for the storage of crude
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oil for the Strategic Petroleum Reserve unless the quantity
of oil stored in or deliverable to Government-owned stor-
age facilities by virtue of contractual obligations is equal
to 700,000,000 barrels: Provided further, That the re-
quirements of 42 U.S.C. 6240(g) shall not apply in fiscal
year 1994.
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 1994 resulting from the
use of funds in this account shall not exceed $79,580,000:
Provided further, That no outlays resulting from appro-
priations made in fiscal year 1993 for acquisition, trans-
porting, and drawing down oil to be stored in the Strategic
Petroleum Reserve for national defense purposes shall be
counted against any outlay ceiling established for the SPR
petroleum account.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $86,053,000,
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;
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hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to
the General Services Administration for security guard
services.
From appropriations under this Act, transfers of
sums may be made to other agencies of the Government
for the performance of work for which the appropriation
is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs
in an appropriations Act.
The Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation
with other agencies, Federal, State, private, or foreign:
Provided, That revenues and other moneys received by or
for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects
of the Department appropriated under this Act may be
retained by the Secretary of Energy, to be available until
expended, and used only for plant construction, operation,
costs, and payments to cost-sharing entities as provided
in appropriate cost-sharing contracts or agreements: Pro-
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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-
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.
The Secretary of Energy may transfer to the Emer-
gency Preparedness appropriation such funds as are nec-
essary to meet any unforeseen emergency needs from any
funds available to the Department of Energy from this
Act.
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.
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DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles III and XXVII and section 208 of the Public Health
Service Act with respect to the Indian Health Service,
$1,652,394,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 300aaa–2 for serv-
ices furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organiza-
tions through contracts, grant agreements, or any other
agreements or compacts authorized by the Indian Self-De-
termination and Education Assistance Act of 1975 (88
Stat. 2203; 25 U.S.C. 450), shall be deemed to be obli-
gated at the time of the grant or contract award and
thereafter shall remain available to the tribe or tribal orga-
nization without fiscal year limitation: Provided further,
That $12,000,000 shall remain available until expended,
for the Indian Catastrophic Health Emergency Fund: Pro-
vided further, That $337,848,000 for contract medical
care shall remain available for obligation until September
30, 1995: Provided further, That of the funds provided,
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not less than $11,526,000 shall be used to carry out the
loan repayment program under section 108 of the Indian
Health Care Improvement Act, as amended: Provided fur-
ther, 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 be
available for two fiscal years after the fiscal year in which
they were collected, for the purpose of achieving compli-
ance with the applicable conditions and requirements of
titles XVIII and XIX of the Social Security Act (exclusive
of planning, design, or construction of new facilities): Pro-
vided further, That of the funds provided, $8,000,000 shall
remain available until expended, for the Indian Self-Deter-
mination Fund, which shall be available for the transi-
tional costs of initial or expanded tribal contracts, grants
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
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September 30, 1995: Provided further, That amounts re-
ceived by tribes and tribal organizations under title IV of
the Indian Health Care Improvement Act, as amended,
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
the Act of August 5, 1954 (68 Stat. 674), the Indian Self-
Determination Act, the Indian Health Care Improvement
Act, and titles III and XXVII and section 208 of the Pub-
lic Health Service Act with respect to environmental
health and facilities support activities of the Indian Health
Service, $296,997,000, to remain available until expended:
Provided, That notwithstanding any other provision of
law, funds appropriated for the planning, design, construc-
tion or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for
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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; payments for telephone service in private resi-
dences in the field, when authorized under regulations ap-
proved by the Secretary; and for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901–5902); and
for expenses of attendance at meetings which are con-
cerned with the functions or activities for which the appro-
priation is made or which will contribute to improved con-
duct, supervision, or management of those functions or ac-
tivities: 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 admin-
istered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered
under the Federal Medical Care Recovery Act (42 U.S.C.
2651–53) shall be credited to the account of the facility
providing the service and shall be available without fiscal
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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 appropriated to the Indian Health Service in this
Act, except those used for administrative and program di-
rection purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation:
Provided further, That the Indian Health Service shall nei-
ther bill nor charge those Indians who may have the eco-
nomic means to pay unless and until such time as Con-
gress has agreed upon a specific policy to do so and has
directed the Indian Health Service to implement such a
policy: Provided further, That personnel ceilings may not
be imposed on the Indian Health Service nor may any ac-
tion be taken to reduce the full-time equivalent level of
the Indian Health Service by the elimination of temporary
employees by reduction in force, hiring freeze or any other
means without the review and approval of the Committees
on Appropriations: Provided further, That none of the
funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the
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Department of Health and Human Services, relating to
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated
with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law:
Provided further, That funds made available in this Act
are to be apportioned to the Indian Health Service as ap-
propriated in this Act, and accounted for in the appropria-
tion structure set forth in this Act: Provided further, That
the appropriation structure for the Indian Health Service
may not be altered without the advance approval of the
House and Senate Committees on Appropriations.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent
not otherwise provided, the Indian Education Act of 1988,
$83,500,000, of which $60,304,000 shall be for subpart
1, $19,161,000 shall be for subparts 2 and 3, and
$200,000 shall be for collection and analyses of data on
Indian education: Provided, That $1,735,000 available
pursuant to section 5323 of the Act shall remain available
for obligation until September 30, 1995.
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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, $26,936,000, to remain available until expended:
Provided, That funds provided in this or any other appro-
priations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-parti-
tioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not in-
cluded in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may
be used by the Office of Navajo and Hopi Indian Reloca-
tion to evict any single Navajo or Navajo family who, as
of November 30, 1985, was physically domiciled on the
lands partitioned to the Hopi Tribe unless a new or re-
placement home is provided for such household: Provided
further, That no relocatee will be provided with more than
one new or replacement home: Provided further, That the
Office shall relocate any certified eligible relocatees who
have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off
the Navajo reservation or on the land acquired pursuant
to 25 U.S.C. 640d–10.
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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 Public Law 99–498, as amended (20 U.S.C. 56,
Part A), $12,563,000, of which not to exceed $350,000
for Federal matching contributions, to remain available
until expended, shall be paid to the Institute endowment
fund: Provided, That notwithstanding any other provision
of law, the annual budget proposal and justification for
the Institute shall be submitted to the Congress concur-
rently with the submission of the President’s Budget to
the Congress: Provided further, That the Institute shall
act as its own certifying officer.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields
of art, science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
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(for terms not to exceed thirty years), and protection of
buildings, facilities, and approaches; not to exceed
$100,000 for services as authorized by 5 U.S.C. 3109; up
to 5 replacement passenger vehicles; purchase, rental, re-
pair, 
and 
cleaning 
of 
uniforms 
for 
employees;
$302,083,000, of which not to exceed $27,579,000 for the
instrumentation program, collections acquisition, Museum
Support 
Center 
equipment 
and 
move, 
exhibition
reinstallation, the National Museum of the American In-
dian, and the repatriation of skeletal remains program
shall remain available until expended and, including such
funds as may be necessary to support American overseas
research centers and a total of $125,000 for the Council
of American Overseas Research Centers: Provided, That
funds appropriated herein are available for advance pay-
ments to independent contractors performing research
services or participating in official Smithsonian presen-
tations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL
ZOOLOGICAL PARK
For necessary expenses of planning, construction, re-
modeling, and equipping of buildings and facilities at the
National Zoological Park, by contract or otherwise,
$5,400,000, to remain available until expended.
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REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institu-
tion, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), including
not to exceed $10,000 for services as authorized by 5
U.S.C. 3109, $24,000,000, to remain available until ex-
pended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
restoration of buildings of the Smithsonian Institution
may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
CONSTRUCTION
For 
necessary 
expenses 
for 
construction,
$10,400,000, to remain available until expended.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gal-
lery of Art, the protection and care of the works of art
therein, and administrative expenses incident thereto, as
authorized by the Act of March 24, 1937 (50 Stat. 51),
as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for
membership in library, museum, and art associations or
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societies whose publications or services are available to
members only, or to members at a price lower than to the
general public; purchase, repair, and cleaning of uniforms
for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901–5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alter-
ation, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals,
firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem prop-
er, $51,908,000, 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 $2,831,000, to remain available
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art
may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
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WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $6,352,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and Humanities Act of 1965, as
amended, $144,451,000 shall be available to the National
Endowment for the Arts for the support of projects and
productions in the arts through assistance to groups and
individuals pursuant to section 5(c) of the Act, and for
administering the functions of the Act.
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, $30,142,000, to remain available
until September 30, 1995, to the National Endowment for
the Arts, of which $13,187,000 shall be available for pur-
poses of section 5(l): Provided, That this appropriation
shall be available for obligation only in such amounts as
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may be equal to the total amounts of gifts, bequests, and
devises of money, and other property accepted by the
Chairman or by grantees of the Endowment under the
provisions of section 10(a)(2), subsections 11(a)(2)(A)
and 11(a)(3)(A) during the current and preceding fiscal
years for which equal amounts have not previously been
appropriated.
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, $151,300,000 shall be available to the Na-
tional Endowment for the Humanities for support of ac-
tivities in the humanities, pursuant to section 7(c) of the
Act, and for administering the functions of the Act, of
which $5,000,000 for the Office of Preservation shall re-
main available until September 30, 1995.
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, $26,191,000, to remain available
until September 30, 1995, of which $14,228,000 shall be
available to the National Endowment for the Humanities
for the purposes of section 7(h): Provided, That this ap-
propriation shall be available for obligation only in such
amounts as may be equal to the total amounts of gifts,
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bequests, and devises of money, and other property accept-
ed 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 SERVICES
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $28,777,000.
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: Provided further,
That none of the funds in this Act may be used for the
President’s Committee on the Arts and the Humanities.
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), $805,000.
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NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended,
$7,500,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
an Advisory Council on Historic Preservation, Public Law
89–665, as amended, $2,959,000: Provided, That none of
these funds shall be available for the compensation of Ex-
ecutive 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,
$5,868,000: Provided, That all appointed members will be
compensated at a rate equivalent to the rate for Executive
Schedule Level IV.
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roo-
sevelt Memorial Commission, established by the Act of Au-
gust 11, 1955 (69 Stat. 694), as amended by Public Law
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92–332 (86 Stat. 401), $49,000, to remain available until
September 30, 1995.
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
SALARIES AND EXPENSES
For necessary expenses, as authorized by section
17(a) of Public Law 92–578, as amended, $2,738,000 for
operating and administrative expenses of the Corporation.
PUBLIC DEVELOPMENT
For public development activities and projects in ac-
cordance with the development plan as authorized by sec-
tion 17(b) of Public Law 92–578, as amended,
$4,289,000, to remain available until expended.
LAND ACQUISITION AND DEVELOPMENT FUND
The Pennsylvania Avenue Development Corporation
is authorized to borrow from the Treasury of the United
States $7,193,000, pursuant to the terms and conditions
in paragraph 10, section 6, of Public Law 92–576, as
amended.
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96–388, as amended,
$21,679,000.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation
under this Act for any consulting service through procure-
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ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 302. No part of any appropriation under this
Act shall be available to the Secretary of the Interior or
the Secretary of Agriculture for the leasing of oil and nat-
ural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National For-
est, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access
to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative
proposal on which congressional action is not complete.
SEC. 304. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
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
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servants to any officer or employee of such department
or agency except as otherwise provided by law.
SEC. 306. None of the funds provided in this Act
shall be used to evaluate, consider, process, or award oil,
gas, or geothermal leases on Federal lands in the Mount
Baker-Snoqualmie National Forest, State of Washington,
within the hydrographic boundaries of the Cedar River
municipal watershed upstream of river mile 21.6, the
Green River municipal watershed upstream of river mile
61.0, the North Fork of the Tolt River proposed municipal
watershed upstream of river mile 11.7, and the South
Fork Tolt River municipal watershed upstream of river
mile 8.4.
SEC. 307. No assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the Committees on Appropria-
tions and are approved by such Committees.
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 until an environmental assessment has
been completed and the giant sequoia management imple-
mentation plan is approved. In any event, timber harvest
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within the identified groves will be done only to enhance
and perpetuate giant sequoia. There will be no harvesting
of giant sequoia specimen trees. Removal of hazard, insect,
disease and fire killed giant sequoia other than specimen
trees is permitted.
SEC. 309. No part of any appropriation under this
Act shall be available to the Secretaries of the Interior
and Agriculture for use for any sale hereafter made of un-
processed timber from Federal lands in the State of Texas
which will be exported by the purchaser: Provided, That
this limitation shall not apply to specific quantities of
grades and species of timber which said Secretaries deter-
mine are surplus to domestic lumber and plywood manu-
facturing needs.
SEC. 310. Notwithstanding any other provision of
law, payments to States pursuant to 16 U.S.C. 500 for
National Forests affected by decisions relating to the
Northern Spotted Owl from fiscal year 1994 receipts shall
not be less than 70 per centum of the average annual pay-
ments to States, based on receipts collected on those Na-
tional Forests during the five-year baseline period of fiscal
years 1986 through 1990: Provided, That in no event shall
these payments exceed the total amount of receipts col-
lected from the affected National Forests during fiscal
year 1994.
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SEC. 311. Notwithstanding any other provision of
law, the payment to be made by the United States Govern-
ment pursuant to the provision of subsection (a) of title
II of the Act of August 28, 1937 (50 Stat. 876) to the
Oregon and California land-grant counties in the State of
Oregon from fiscal year 1994 receipts derived from the
Oregon and California grant lands shall not be less than
70 per centum of the average annual payment made to
those counties of their share of the Oregon and California
land-grant receipts collected during the five-year baseline
period of fiscal years 1986 through 1990: Provided, That
in no event shall this payment exceed the total amount
of receipts collected from the Oregon and California grant
lands during fiscal year 1994 or $38,111,000, whichever
is lower.
SEC. 312. Section 314 of Public Law 101–512 (104
Stat. 1959–1960) is amended by striking the words ‘‘coop-
erative agreement’’ and inserting in lieu thereof: ‘‘any
other agreement or compact’’.
SEC. 313. Section 1405, subsection (a) of title 36,
United States Code, is amended by striking all of the first
sentence through the words ‘‘confirmation of the Council
and who’’ and inserting in lieu thereof: ‘‘There shall be
an Executive Director of the Holocaust Memorial Museum
who shall be appointed by the Chairperson of the Council,
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subject to confirmation of the Council, who may be paid
with nonappropriated funds, and who, if paid with appro-
priated funds,’’.
SEC. 314. Section 401 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1751), is hereby
amended by adding at the end the following new sub-
sections:
‘‘(c)(1) Notwithstanding any other provision of law,
the Secretary of Agriculture, with respect to National For-
est lands in the 16 contiguous western states (except Na-
tional Grasslands) administered by the Forest Service
where domestic livestock grazing is permitted under appli-
cable law, and the Secretary of the Interior with respect
to public domain lands administered by the Bureau of
Land Management where domestic livestock grazing is
permitted under applicable law, shall establish beginning
with the grazing season which commences on March 1,
1994, an annual domestic livestock grazing fee equal to
fair market value: Provided, That the fee charged for any
given year shall not increase nor decrease by more than
33.3 percent from the previous year’s grazing fee.
‘‘(2)(A) For purposes of this subsection, the term
‘fair market value’ is defined as follows:
Fair Market Value =
Appraised Base Value × Forage Value Index
100
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‘‘(B) For the purposes of subparagraph (A)—
‘‘(i) the term ‘Forage Value Index’ means the
Forage Value Index (FVI) computed annually by the
Economic Research Service, United States Depart-
ment of Agriculture, and set with the 1993 FVI
equal to 100; and
‘‘(ii) the term ‘Appraised Base Value’ means
the 1983 Appraisal Value conclusions for mature
cattle and horses (expressed in dollars per head or
pair month), as determined in the 1986 report pre-
pared jointly by the Secretary of Agriculture and the
Secretary of the Interior entitled ‘Grazing Fee Re-
view and Evaluation’, dated February 1986, on a
westwide basis using the lowest appraised value of
the pricing areas adjusted for advanced payment
and indexed to 1993.
‘‘(3) Executive Order No. 12548, dated February 14,
1986, shall not apply to grazing fees established pursuant
to this Act.
‘‘(d) The grazing advisory boards established pursu-
ant to Secretarial action, notice of which was published
in the Federal Register on May 14, 1986 (51 Fed. Reg.
17874), are hereby abolished, and the advisory functions
exercised by such boards, shall, after the date of enact-
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ment of this sentence, be exercised only by the appropriate
councils established under law.
‘‘(e) Funds appropriated pursuant to section 5 of the
Public Rangelands Improvement Act of 1978 (43 U.S.C.
1904) or any other provision of law related to disposition
of the Federal share of receipts from fees for grazing on
public domain lands or National Forests lands in the 16
contiguous western States shall be used for restoration
and enhancement of fish and wildlife habitat, for restora-
tion and improved management of riparian areas, and for
implementation and enforcement of applicable land man-
agement plans, allotment plans, and regulations regarding
the use of such lands for domestic livestock grazing. Such
funds shall be distributed as the Secretary concerned
deems advisable after consultation and coordination with
the advisory councils established pursuant to section 309
of this Act and other interested parties.’’.
SEC. 315. Section 42 of title 20, United States Code,
is amended by inserting ‘‘the Speaker of the United States
House of Representatives,’’ immediately after the phrase
‘‘the Chief Justice of the United States,’’.
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 1994’’.
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