H. R. 1469
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
Making emergency supplemental appropriations for recovery from natural disasters,
and for overseas peacekeeping efforts, including those in Bosnia, for the fiscal
year ending September 30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for recovery from natu-
ral disasters, and for overseas peacekeeping efforts, including those
in Bosnia, for the fiscal year ending September 30, 1997, and
for other purposes, namely:
TITLE I—EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR THE DEPARTMENT OF DEFENSE
CHAPTER 1
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$306,800,000: Provided, That such amount is designated by Con-
gress 
as 
an 
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel, Navy’’,
$7,900,000: Provided, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $300,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
H. R. 1469—2
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$29,100,000: Provided, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Overseas Contingency Operations
Transfer Fund’’, $1,430,100,000: Provided, That the Secretary of
Defense may transfer these funds only to Department of Defense
operation and maintenance accounts: Provided further, That the
funds transferred shall be merged with and shall be available
for the same purposes and for the same time period, as the appro-
priation to which transferred: Provided further, That the transfer
authority provided in this paragraph is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
OPLAN 34A/35 P.O.W. PAYMENTS
For payments to individuals under section 657 of Public Law
104–201, $20,000,000, to remain available until expended.
REVOLVING AND MANAGEMENT FUNDS
RESERVE MOBILIZATION INCOME INSURANCE FUND
For an additional amount for the ‘‘Reserve Mobilization Income
Insurance Fund’’, $72,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
GENERAL PROVISIONS, CHAPTER 1
(TRANSFER OF FUNDS)
SEC. 101. The Secretary of the Navy shall transfer up to
$23,000,000 to ‘‘Operation and Maintenance, Marine Corps’’ from
the following accounts in the specified amounts, to be available
only for reimbursing costs incurred for repairing damage caused
by hurricanes, flooding, and other natural disasters during 1996
and 1997 to real property and facilities at Marine Corps facilities
(including Camp Lejeune, North Carolina; Cherry Point, North
Carolina; and the Mountain Warfare Training Center, Bridgeport,
California);
‘‘Military Personnel, Marine Corps’’, $4,000,000;
‘‘Operation and Maintenance, Marine Corps’’, $11,000,000;
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‘‘Procurement of Ammunition, Navy and Marine Corps,
1996/1998’’, $4,000,000; and
‘‘Procurement, Marine Corps, 1996/1998’’, $4,000,000.
SEC. 102. In addition to the amounts appropriated in title
VI of the Department of Defense Appropriations Act, 1997 (as
contained in section 101(b) of Public Law 104–208), under the
heading ‘‘Defense Health Program’’, $21,000,000 is hereby appro-
priated and made available only for the provision of direct patient
care at military treatment facilities.
SEC. 103. In addition to the amounts appropriated in title
II of the Department of Defense Appropriations Act, 1997 (as con-
tained in section 101(b) of Public Law 104–208), under the heading
‘‘Operation and Maintenance, Defense-Wide’’, $10,000,000 is hereby
appropriated and made available only for force protection and
counter-terrorism initiatives.
SEC. 104. In addition to the amounts provided in Public Law
104–208, $25,800,000 is appropriated under the heading ‘‘Overseas
Humanitarian, Disaster and Civic Aid’’: Provided, That from the
funds available under that heading, the Secretary of Defense shall
make a grant in the amount of $25,800,000 to the American Red
Cross for Armed Forces emergency services.
SEC. 105. REPORT ON COST AND SOURCE OF FUNDS FOR MILI-
TARY ACTIVITIES RELATING TO BOSNIA.—(a) Not later than 60 days
after enactment of this Act, the President shall submit to Congress
the report described in subsection (b).
(b) REPORT ELEMENTS.—The report referred to in subsection
(a) shall include the following:
(1) A detailed description of the estimated cumulative cost
of all United States activities relating to Bosnia after December
1, 1995, including—
(A) the cost of all deployments, training activities, and
mobilization and other preparatory activities of the Armed
Forces; and
(B) the cost of all other activities relating to United
States policy toward Bosnia, including humanitarian assist-
ance, reconstruction assistance, aid and other financial
assistance, the rescheduling or forgiveness of bilateral or
multilateral aid, in-kind contributions, and any other activi-
ties of the United States Government.
(2) A detailed accounting of the source of funds obligated
or expended to meet the costs described in paragraph (1),
including—
(A) in the case of expenditures of funds of Department
of Defense, a breakdown of such expenditures by military
service or defense agency, line item, and program; and
(B) in the case of expenditures of funds of other depart-
ments and agencies of the United States, a breakdown
of such expenditures by department or agency and by pro-
gram.
SEC. 106. For an additional amount for ‘‘Family Housing, Navy
and Marine Corps’’ to cover the incremental Operation and Mainte-
nance costs arising from hurricane damage to family housing units
at Marine Corps Base Camp Lejeune, North Carolina and Marine
Corps Air Station Cherry Point, North Carolina, $6,480,000, as
authorized by 10 U.S.C. 2854.
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CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $57,000,000 are rescinded.
MILITARY PERSONNEL, NAVY
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $18,000,000 are rescinded.
MILITARY PERSONNEL, MARINE CORPS
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $5,000,000 are rescinded.
MILITARY PERSONNEL, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $196,000,000 are rescinded.
OPERATION AND MAINTENANCE, NAVY
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $51,000,000 are rescinded.
OPERATION AND MAINTENANCE, MARINE CORPS
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $3,000,000 are rescinded.
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OPERATION AND MAINTENANCE, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $117,000,000 are rescinded.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $25,000,000 are rescinded.
ENVIRONMENTAL RESTORATION, ARMY
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, NAVY
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $250,000 are rescinded.
FORMER SOVIET UNION THREAT REDUCTION
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $2,000,000 are rescinded.
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PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $1,085,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–61, $5,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $13,000,000 are rescinded.
MISSILE PROCUREMENT, ARMY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $2,707,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $24,000,000 are rescinded.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $2,296,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–61, $15,400,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $5,000,000 are rescinded.
PROCUREMENT OF AMMUNITION, ARMY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $3,236,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–61, $18,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $11,000,000 are rescinded.
OTHER PROCUREMENT, ARMY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $2,502,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $21,000,000 are rescinded.
AIRCRAFT PROCUREMENT, NAVY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $34,000,000 are rescinded.
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Of the funds made available under this heading in Public
Law 104–208, $52,000,000 are rescinded.
WEAPONS PROCUREMENT, NAVY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $16,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $6,000,000 are rescinded.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
(RESCISSION)
Of the funds made available under this heading in Public
Law 103–335, $812,000 are rescinded.
SHIPBUILDING AND CONVERSION, NAVY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 102–396, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 103–139, $18,700,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $33,000,000 are rescinded.
OTHER PROCUREMENT, NAVY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $4,237,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–61, $3,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $8,000,000 are rescinded.
PROCUREMENT, MARINE CORPS
(RESCISSION)
Of the funds made available under this heading in Public
Law 103–335, $1,207,000 are rescinded.
AIRCRAFT PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $49,376,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–61, $40,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $41,000,000 are rescinded.
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MISSILE PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $16,020,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $163,000,000 are rescinded.
PROCUREMENT OF AMMUNITION, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–61, $7,700,000 are rescinded.
OTHER PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $3,659,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–61, $10,000,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $20,000,000 are rescinded.
PROCUREMENT, DEFENSE-WIDE
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $8,860,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–61, $16,113,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $5,000,000 are rescinded.
NATIONAL GUARD AND RESERVE EQUIPMENT
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $5,029,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 104–61, $4,366,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $18,000,000 are rescinded.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 104–61, $16,878,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $9,600,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 104–61, $24,245,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $172,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 104–61, $95,714,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $87,000,000 are rescinded.
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–61, $6,692,000 are rescinded.
OPERATIONAL TEST AND EVALUATION, DEFENSE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
NATIONAL DEFENSE SEALIFT FUND
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $25,200,000 are rescinded.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $21,000,000 are rescinded.
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CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
(RESCISSIONS)
Of the funds made available under this heading in Public
Law 103–335, $456,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–61, $20,652,000 are rescinded.
Of the funds made available under this heading in Public
Law 104–208, $27,000,000 are rescinded.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(RESCISSIONS)
SEC. 201. Of the funds appropriated in the Military Construc-
tion Appropriations Act, 1996 (Public Law 104–32), amounts are
hereby rescinded from the following accounts in the specified
amounts:
‘‘Military Construction, Air National Guard’’, $5,000,000;
‘‘Military Construction, Defense-wide’’, $41,000,000;
‘‘Base Realignment and Closure Account, Part II’’,
$35,391,000;
‘‘Base Realignment and Closure Account, Part III’’,
$75,638,000; and
‘‘Base Realignment and Closure Account, Part IV’’,
$22,971,000:
Provided, That of the funds appropriated in the Military Construc-
tion Appropriations Act, 1997 (Public Law 104–196), amounts are
hereby rescinded from the following accounts in the specified
amounts:
‘‘Military Construction, Army’’, $1,000,000;
‘‘Military Construction, Navy’’, $2,000,000;
‘‘Military Construction, Air Force’’, $3,000,000; and
‘‘Military Construction, Defense-wide’’, $3,000,000.
(RESCISSION)
SEC. 202. Of the funds appropriated for ‘‘Military Construction,
Navy’’ under Public Law 103–307, $6,480,000 is hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS—THIS TITLE
SEC. 301. The Department of Defense is directed to report
to the congressional defense committees 30 days prior to transfer-
ring management, development, and acquisition authority over the
elements of the National Missile Defense Program from the Military
Services: Provided, That the Joint Requirements Oversight Council
is directed to conduct an analysis and submit recommendations
as to the recommended future roles of the Military Services with
H. R. 1469—11
respect to development and deployment of the elements of the
National Missile Defense Program: Provided further, That the
analysis and recommendations shall be submitted to the congres-
sional defense committees within 60 days of enactment of this
Act: Provided further, That for 60 days following enactment of
this Act, the Department of Defense shall take no actions to delay
or defer planned activities under the National Missile Defense
Program based solely on the conduct of the Joint Requirements
Oversight Council analysis.
SEC. 302. Notwithstanding section 3612(a) of title 22, United
States Code, the incumbent may continue to serve as the Secretary
of Defense designee on the Board of the Panama Canal Commission
if he retires as an officer of the Department of Defense, until
and unless the Secretary of Defense designates another person
to serve in this position.
SEC. 303. AUTHORITY OF SECRETARY OF DEFENSE TO ENTER
INTO LEASE OF BUILDING NO. 1, LEXINGTON BLUE GRASS STATION,
LEXINGTON, KENTUCKY.—
(a) AUTHORITY TO ENTER INTO LEASE.—The Secretary of
Defense may enter into an agreement for the lease of Building
No. 1, Lexington Blue Grass Station, Lexington, Kentucky,
and any real property associated with the building, for purposes
of the use of the building by the Defense Finance and Account-
ing Service. The agreement shall meet the requirements of
this section.
(b) TERM.—(1) The agreement under this section shall pro-
vide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the term
of the lease.
(2) The agreement shall include a provision specifying that,
if the Secretary ceases to require the leased building for purpose
of the use of the building by the Defense Finance and Account-
ing Service before the expiration of the term of the lease (includ-
ing any extension or renewal of the term under an option
provided for in paragraph (1)), the remainder of the lease
term may, upon the approval of the lessor of the building,
be satisfied by the Secretary or another department or agency
of the Federal Government (including a military department)
for another purpose similar to such purpose.
(c) CONSIDERATION.—(1) The agreement under this section
may not require rental payments by the United States under
the lease under the agreement.
(2) The Secretary or other lessee, if any, under subsection
(b)(2) shall be responsible under the agreement for payment
of any utilities associated with the lease of the building covered
by the agreement and for maintenance and repair of the build-
ing.
(d) IMPROVEMENT.—The agreement under this section may
provide for the improvement of the building covered by the
agreement by the Secretary or other lessee, if any, under sub-
section (b)(2).
(e) LIMITATION ON CERTAIN ACTIVITIES.—The Secretary may
not obligate or expend funds for the costs of any utilities,
maintenance and repair, or improvements under this lease
under this section in any fiscal year unless funds are appro-
priated or otherwise made available for the Department of
Defense for such payment in such fiscal year.
H. R. 1469—12
SEC. 304. Notwithstanding 31 U.S.C. 1502(a), 31 U.S.C. 1552(a),
and 31 U.S.C. 1553(a), funds appropriated in Public Law 101–
511, Public Law 102–396, and Public Law 103–139, under the
heading ‘‘Weapons Procurement, Navy’’, that were obligated and
expended to settle claims on the MK–50 torpedo program may
continue to be obligated and expended to settle those claims.
SEC. 305. None of the funds available to the Department of
Defense in this or any other Act shall be available to pay the
cost of operating a National Missile Defense Joint Program Office
which includes more than 55 military and civilian personnel located
in the National Capital Region.
SEC. 306. Funds obligated by the National Aeronautics and
Space Administration (NASA) in the amount of $61,300,000 during
fiscal year 1996, pursuant to the ‘‘Memorandum of Agreement
between the National Aeronautics and Space Administration and
the United States Air Force on Titan IV/Centaur Launch Support
for the Cassini Mission,’’ signed September 8, 1994, and September
23, 1994, and Attachments A, B, and C to that Memorandum,
shall be merged with Air Force appropriations available for
research, development, test and evaluation and procurement for
fiscal year 1996, and shall be available for the same time period
as the appropriation with which merged, and shall be available
for obligation only for those Titan IV vehicles and Titan IV-related
activities under contract.
SEC. 307. For the purposes of implementing the 1997 Defense
Experimental 
Program 
to 
Stimulate 
Competitive 
Research
(DEPSCoR), the term ‘‘State’’ means a State of the United States,
the District of Columbia, Puerto Rico, Guam and the Virgin Islands
of the United States, American Samoa and the Commonwealth
of the Northern Mariana Islands.
TITLE II—EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR RECOVERY FROM NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the ‘‘Agricultural Credit Insurance
Fund Program Account’’ for the additional cost of direct and guaran-
teed loans authorized by 7 U.S.C. 1928–1929, including the cost
of modifying such loans as defined in section 502 of the Congres-
sional Budget Act of 1974, resulting from flooding and other natural
disasters, $23,000,000, to remain available until expended, of which
$18,000,000 shall be available for emergency insured loans and
$5,000,000 shall be available for subsidized guaranteed operating
loans: Provided, That the entire amount shall be available only
to the extent that an official budget request for $23,000,000 that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That such
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
H. R. 1469—13
For an additional amount for the ‘‘Agricultural Credit Insurance
Fund Program Account’’ for the additional cost of direct operating
loans authorized by 7 U.S.C. 1928–1929, including the cost of
modifying such loans as defined in section 502 of the Congressional
Budget Act of 1974, $6,300,000, to remain available until expended.
EMERGENCY CONSERVATION PROGRAM
For an additional amount for ‘‘Emergency Conservation Pro-
gram’’ for expenses, including carcass removal, resulting from flood-
ing and other natural disasters, $70,000,000, to remain available
until expended: Provided, That the entire amount shall be available
only to the extent that an official budget request for $70,000,000,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That such
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
An amount of $9,000,000 is provided for assistance to small
orchardists to replace or rehabilitate trees and vineyards damaged
by natural disasters: Provided, That the entire amount shall be
available only to the extent that an official budget request of
$9,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further,
That such amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of such Act.
COMMODITY CREDIT CORPORATION FUND
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning October
1, 1996, through the date of enactment of this Act, the Secretary
may use up to $50,000,000 from proceeds earned from the sale
of grain in the disaster reserve established in the Agricultural
Act of 1970 to implement a livestock indemnity program for losses
from natural disasters pursuant to a Presidential or Secretarial
declaration requested prior to the date of enactment of this Act
in a manner similar to catastrophic loss coverage available for
other commodities under 7 U.S.C. 1508(b): Provided, That in admin-
istering a program described in the preceding sentence, the Sec-
retary shall, to the extent practicable, utilize gross income and
payment limitations conditions established for the Disaster Reserve
Assistance Program for the 1996 crop year: Provided further, That
notwithstanding any other provision of law, beginning on October
1, 1997, grain in the disaster reserve established in the Agricultural
Act of 1970 shall not exceed 20 million bushels: Provided further,
That the entire amount shall be available only to the extent an
official budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
H. R. 1469—14
Provided further, That the entire amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of such Act.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood Prevention
Operations’’ to repair damages to the waterways and watersheds,
including debris removal that would not be authorized under the
Emergency Watershed Program, resulting from flooding and other
natural disasters, including those in prior years, $166,000,000, to
remain available until expended: Provided, That the entire amount
shall be available only to the extent an official budget request
for $166,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of such
Act: Provided further, That if the Secretary determines that the
cost of land and farm structures restoration exceeds the fair market
value of an affected agricultural land, the Secretary may use suffi-
cient amounts, not to exceed $15,000,000, from funds provided
under this heading to accept bids from willing sellers to provide
floodplain easements for such agricultural land inundated by floods:
Provided further, That none of the funds provided under this head-
ing shall be used for the salmon memorandum of understanding.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
RURAL HOUSING ASSISTANCE PROGRAM
Any unobligated balances remaining in the ‘‘Rural Housing
Insurance Fund Program Account’’ from prior years’ disaster
supplementals shall be available until expended for Section 502
housing loans, Section 504 loans and grants, Section 515 loans,
and domestic farm labor grants to meet emergency needs resulting
from natural disasters: Provided, That such unobligated balances
shall be available only to the extent an official budget request
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985 is transmitted by the Presi-
dent to the Congress: Provided further, That such unobligated bal-
ances are designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of such Act: Provided further,
That notwithstanding section 520 of the Housing Act of 1949, as
amended, (42 U.S.C. 1490) the College Station area of Pulaski
County, Arkansas shall be eligible for loans and grants available
through the Rural Housing Service: Provided further, That funds
made available in Public Law 104–180 for Community Facility
Grants for the Rural Housing Assistance Program may be provided
to any community otherwise eligible for a Community Facility Loan
for expenses directly or indirectly resulting from flooding and other
natural disasters.
H. R. 1469—15
RURAL UTILITIES SERVICE
RURAL UTILITIES ASSISTANCE PROGRAM
For an additional amount for ‘‘Rural Utilities Assistance Pro-
gram’’, for the cost of direct loans, loan guarantees, and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, for emergency expenses
resulting from flooding and other natural disasters, $4,000,000,
to remain available until September 30, 1998: Provided, That the
entire amount shall be available only to the extent that an official
budget request for $4,000,000, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
FOOD AND CONSUMER SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For an additional amount for the ‘‘Special Supplemental Nutri-
tion Program for Women, Infants, and Children (WIC)’’ as author-
ized by section 17 of the Child Nutrition Act of 1966, as amended
(42 U.S.C. et seq.), $76,000,000, to remain available through
September 30, 1998: Provided, That the Secretary shall allocate
such funds through the existing formula or, notwithstanding sec-
tions 17(g), (h), or (i) of such Act and the regulations promulgated
thereunder, such other means as the Secretary deems necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMATION ON
PRICES RECEIVED FOR BULK CHEESE.
(a) IN GENERAL.—Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall collect
and disseminate, on a weekly basis, statistically reliable informa-
tion, obtained from cheese manufacturing areas in the United States
on prices received and terms of trade involving bulk cheese, includ-
ing information on the national average price for bulk cheese sold
through spot and forward contract transactions. To the maximum
extent practicable, the Secretary shall report the prices and terms
of trade for spot and forward contract transactions separately.
(b) CONFIDENTIALITY.—All information provided to, or acquired
by, the Secretary under subsection (a) shall be kept confidential
by each officer and employee of the Department of Agriculture
except that general weekly statements may be issued that are
based on the information and that do not identify the information
provided by any person.
(c) REPORT.—Not later than 150 days after the date of enact-
ment of this Act, the Secretary shall report to the Committee
on Agriculture, and the Committee on Appropriations, of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry, and the Committee on Appropriations, of the Senate,
H. R. 1469—16
on the rate of reporting compliance by cheese manufacturers with
respect to the information collected under subsection (a). At the
time of the report, the Secretary may submit legislative rec-
ommendations to improve the rate of reporting compliance.
(d) TERMINATION OF EFFECTIVENESS.—The authority provided
by subsection (a) terminates effective April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for ‘‘Economic Development Assist-
ance Programs’’ for emergency infrastructure expenses and the
capitalization of revolving loan funds related to recent flooding
and other natural disasters, $52,200,000, to remain available until
expended, of which not to exceed $2,000,000 may be available
for administrative expenses and may be transferred to and merged
with the appropriations for ‘‘Salaries and Expenses’’: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
Of the amount provided under this heading in Public Law
104–208 for the Advanced Technology Program, not to exceed
$35,000,000 shall be available for the award of new grants.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
Within amounts available for ‘‘Operations, Research, and Facili-
ties’’ for Satellite Observing Systems, not to exceed $7,000,000
is available until expended to provide disaster assistance related
to recent flooding and red tide pursuant to section 312(a) of the
Magnuson-Stevens Fishery Conservation and Management Act, and
not to exceed $2,000,000 is available until expended to implement
the Magnuson-Stevens Fishery Conservation and Management Act:
Provided, That the entire amount shall be available only to the
extent that an official budget request for $9,000,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of such Act.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for emergency
expenses resulting from flooding and other natural disasters,
$10,800,000, to remain available until expended: Provided, That
H. R. 1469—17
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW
ENFORCEMENT
For an additional amount for the operations of the Commission
on the Advancement of Federal Law Enforcement, $2,000,000, to
remain available until expended.
GENERAL PROVISIONS, CHAPTER 2
SEC. 2001. Of the funds currently contained within the
‘‘Counterterrorism Fund’’ of the Department of Justice, $3,000,000
is provided for allocation by the Attorney General to the appropriate
unit or units of government in Ogden, Utah, for necessary expenses,
including enhancements and upgrade of security and communica-
tions infrastructure, to counter any potential terrorism threat
related to the 2002 Winter Olympic games to be held in Utah.
SEC. 2002. EXPANDING SMALL BUSINESS PARTICIPATION
IN
DREDGING.—Section 722(a) of the Small Business Competitiveness
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended
by striking ‘‘September 30, 1996’’ and inserting ‘‘September 30,
1997’’.
SEC. 2003. Section 101 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1371) is amended by adding at the end thereof
the following:
‘‘(d) GOOD SAMARITAN EXEMPTION.—It shall not be a violation
of this Act to take a marine mammal if—
‘‘(1) such taking is imminently necessary to avoid serious
injury, additional injury, or death to a marine mammal entan-
gled in fishing gear or debris;
‘‘(2) reasonable care is taken to ensure the safe release
of the marine mammal, taking into consideration the equip-
ment, expertise, and conditions at hand;
‘‘(3) reasonable care is exercised to prevent any further
injury to the marine mammal; and
‘‘(4) such taking is reported to the Secretary within 48
hours.’’.
SEC. 2004. Notwithstanding any other provision of law, the
Secretary of Commerce shall have the authority to reprogram or
transfer up to $41,000,000 of the amounts provided under ‘‘National
Oceanic and Atmospheric Administration, Operations, Research,
and Facilities’’ for Satellite Observing Systems in Public Law 104–
208 for other programmatic and operational requirements of the
National Oceanic and Atmospheric Administration and the Depart-
ment of Commerce subject to notification of the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1997 and which shall not be available for obligation
or expenditure except in compliance with the procedure set forth
in that section.
H. R. 1469—18
CHAPTER 3
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
FLOOD
CONTROL, MISSISSIPPI
RIVER
AND
TRIBUTARIES, ARKANSAS,
ILLINOIS, 
KENTUCKY, 
LOUISIANA, 
MISSISSIPPI, 
MISSOURI, 
AND
TENNESSEE
For an additional amount for ‘‘Flood Control, Mississippi River
and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mis-
sissippi, Missouri, and Tennessee’’ for emergency expenses due to
flooding and other natural disasters, $20,000,000, to remain avail-
able until expended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Maintenance,
General’’ for emergency expenses due to flooding and other natural
disasters, $150,000,000, to remain available until expended: Pro-
vided, That of the total amount appropriated, the amount for eligible
navigation projects which may be derived from the Harbor Mainte-
nance Trust Fund pursuant to Public Law 99–662, shall be derived
from that fund: Provided further, That of the total amount appro-
priated, $5,000,000 shall be available solely for the Secretary of
the Army, acting through the Chief of Engineers, to pay the costs
of the Corps of Engineers and other Federal agencies associated
with the development of necessary studies, an interagency manage-
ment plan, environmental documentation, continued monitoring,
and other activities related to allocations of water in the Alabama-
Coosa-Tallapoosa 
and 
Apalachicola-Chattahoochee-Flint 
River
Basins: Provided further, That no portion of such $5,000,000 may
be used by the Corps of Engineers to revise its master operational
manuals or water control plans for operation of the reservoirs
for the two river basins until (1) the interstate compacts for the
two river basins are ratified by the Congress by law; and (2)
the water allocation formulas for the two river basins have been
agreed to by the States of Alabama, Georgia, and Florida and
the Federal representative to the compacts: Provided further, That
the preceding proviso shall not apply to the use of such funds
for any environmental reviews necessary for the Federal representa-
tive to approve the water allocation formulas for the two river
basins: Provided further, That the entire amount is designated
by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and Coastal Emer-
gencies’’ due to flooding and other natural disasters, $415,000,000,
to remain available until expended: Provided, That the entire
amount is designated by Congress as an emergency requirement
H. R. 1469—19
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided fur-
ther, That with $5,000,000 of the funds appropriated herein, the
Secretary of the Army is directed to initiate and complete
preconstruction engineering and design and the associated Environ-
mental Impact Statement for an emergency outlet from Devils
Lake, North Dakota, to the Sheyenne River: Provided further, That
of the funds appropriated under this paragraph, $5,000,000 shall
be used for the project consisting of channel restoration and
improvements on the James River authorized by section 401(b)
of the Water Resources Development Act of 1986 (Public Law 99–
662; 100 Stat. 4128) if the Secretary of the Army determines that
the need for such restoration and improvements constitutes an
emergency.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
OPERATION AND MAINTENANCE
For an additional amount for ‘‘Operation and Maintenance’’,
$7,355,000, to remain available until expended, to repair damage
caused by floods and other natural disasters: Provided, That of
the total appropriated, the amount for program activities that can
be financed by the Reclamation Fund shall be derived from that
fund: Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 3
SEC. 3001. (a) Beginning in fiscal year 1997 and thereafter,
the United States members and the alternate members appointed
under the Susquehanna River Basin Compact (Public Law 91–
575), and the Delaware River Basin Compact (Public Law 87–
328), shall be officers of the U.S. Army Corps of Engineers, who
hold Presidential appointments as Regular Army officers with Sen-
ate confirmation, and who shall serve without additional compensa-
tion.
(b) Section 2, Reservations, Paragraph (u) of Public Law 91–
575 (84 Stat. 1509) and section 15.1, Reservations, Paragraph (d)
of Public Law 87–328 (75 Stat. 688, 691) are hereby repealed.
(c) Section 2.2 of Public Law 87–328 (75 Stat. 688, 691) is
amended by striking the words ‘‘during the term of office of the
President’’ and inserting the words ‘‘at the pleasure of the Presi-
dent’’.
SEC. 3002. Notwithstanding section 5 of the Reclamation Safety
of Dams Act of 1978, Public Law 95–578, as amended, the Secretary
of the Interior is authorized to obligate up to $1,200,000 for carrying
out actual construction for safety of dam purposes to modify the
Willow Creek Dam, Sun River Project, Montana.
SEC. 3003. (a) CONSULTATION AND CONFERENCING.—As provided
by regulations issued under the Endangered Species Act (16 U.S.C.
1531 et seq.) for emergency situations, formal consultation or con-
ferencing under section 7(a)(2) or section 7(a)(4) of the Act for
any action authorized, funded or carried out by any Federal agency
H. R. 1469—20
to repair a Federal or non-Federal flood control project, facility
or structure may be deferred by the Federal agency authorizing,
funding or carrying out the action, if the agency determines that
the repair is needed to respond to an emergency causing an
imminent threat to human lives and property in 1996 or 1997.
Formal consultation or conferencing shall be deferred until the
imminent threat to human lives and property has been abated.
For purposes of this section, the term repair shall include preventive
and remedial measures to restore the project, facility or structure
to remove an imminent threat to human lives and property.
(b) REASONABLE AND PRUDENT MEASURES.—Any reasonable and
prudent measures specified under section 7 of the Endangered
Species Act (16 U.S.C. 1536) to minimize the impact of an action
taken under this section shall be related both in nature and extent
to the effect of the action taken to repair the flood control project,
facility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS
ASSISTANCE TO UKRAINE
SEC. 4001. The President may waive the minimum funding
requirements contained in subsection (k) under the heading ‘‘Assist-
ance for the New Independent States of the Former Soviet Union’’
contained in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as included in Public Law
104–208, for activities for the government of Ukraine funded in
that subsection, if he determines and so reports to the Committees
on Appropriations that the government of Ukraine:
(1) has not made progress toward implementation of com-
prehensive economic reform;
(2) is not taking steps to ensure that United States
businesses and individuals are able to operate according to
generally accepted business principles; or
(3) is not taking steps to cease the illegal dumping of
steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Construction’’ to repair damage
caused by floods and other natural disasters, $4,796,000, to remain
available until expended, of which $4,403,000 is to be derived by
transfer from unobligated balances of funds under the heading,
‘‘Oregon and California Grant Lands’’, made available as supple-
mental appropriations in Public Law 104–134: Provided, That the
entire amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
H. R. 1469—21
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for ‘‘Oregon and California Grant
Lands’’ to repair damage caused by floods and other natural disas-
ters, $2,694,000, to remain available until expended and to be
derived from unobligated balances of funds under the heading,
‘‘Oregon and California Grant Lands’’, made available as supple-
mental appropriations in Public Law 104–134: Provided, That the
entire amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for ‘‘Resource Management’’,
$5,300,000, to remain available until expended, for technical assist-
ance and fish replacement made necessary by floods and other
natural disasters, for restoration of public lands damaged by fire,
and for payments to private landowners for the voluntary use
of private land to store water in restored wetlands: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $88,000,000, to
remain available until expended, to repair damage caused by floods
and other natural disasters: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
LAND ACQUISITION
For an additional amount for ‘‘Land Acquisition’’, $10,000,000,
to remain available until expended, for the cost-effective emergency
acquisition of land and water rights necessitated by floods and
other natural disasters: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for emergency
expenses resulting from flooding and other natural disasters,
$187,321,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That of this amount, $30,000,000 shall be avail-
able only to the extent an official budget request for a specific
dollar amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in such Act,
H. R. 1469—22
is transmitted by the President to Congress, and upon certification
by the Secretary of the Interior to the President that a specific
amount of such funds is required for (1) repair or replacement
of concession use facilities at Yosemite National Park if the Sec-
retary determines, after consulting with the Director of the Office
of Management and Budget, that the repair or replacement of
those facilities cannot be postponed until completion of an agree-
ment with the Yosemite Concessions Services Corporation or any
responsible third party to satisfy its repair or replacement obliga-
tions for the facilities, or (2) the Federal portion, if any, of the
costs of repair or replacement of such concession use facilities:
Provided further, That nothing herein should be construed as
impairing in any way the rights of the United States against
the Yosemite Concession Services Corporation or any other party
or as relieving the Corporation or any other party of its obligations
to the United States: Provided further, That prior to any final
agreement by the Secretary with the Corporation or any other
party concerning its obligation to repair or replace concession use
facilities, the Solicitor of the Department of the Interior shall certify
that the agreement fully satisfies the obligations of the Corporation
or third party: Provided further, That nothing herein, or any pay-
ments, repairs, or replacements made by the Corporation or a
third party in fulfillment of the Corporation’s obligations to the
United States to repair and replace damaged facilities, shall create
any possessory interest for the Corporation or such third party
in such repaired or replaced facilities: Provided further, That any
payments made to the United States by the Corporation or a
third party for repair or replacement of concession use facilities
shall be deposited in the General Fund of the Treasury or, where
facilities are repaired or replaced by the Corporation or any other
third party, an equal amount of appropriations for ‘‘Construction’’
shall be rescinded.
For an additional amount for ‘‘Construction’’, $10,000,000, to
remain available until expended, to make repairs, construct facili-
ties, and provide visitor transportation and for related purposes
at Yosemite National Park.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investigations, and
Research’’, $4,650,000, to remain available until September 30,
1998, to repair or replace damaged equipment and facilities caused
by floods and other natural disasters: Provided, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian Programs’’,
$14,317,000, to remain available until September 30, 1998, for
emergency response activities, including emergency school oper-
ations, heating costs, emergency welfare assistance, and to repair
and replace facilities and resources damaged by snow, floods, and
H. R. 1469—23
other natural disasters: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’, $6,249,000, to
remain available until expended, to repair damages caused by floods
and other natural disasters: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
notwithstanding any other provision of law, funds appropriated
herein and in Public Law 104–208 to the Bureau of Indian Affairs
for repair of the Wapato irrigation project shall be made available
on a nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NATIONAL FOREST SYSTEM
For an additional amount for ‘‘National Forest System’’ for
emergency expenses resulting from flooding and other natural disas-
ters, $39,677,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
RECONSTRUCTION AND CONSTRUCTION
For an additional amount for ‘‘Reconstruction and Construction’’
for emergency expenses resulting from flooding and other natural
disasters, $27,685,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For an additional amount for ‘‘Indian Health Services’’ for emer-
gency expenses resulting from flooding and other natural disasters,
$1,000,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
H. R. 1469—24
INDIAN HEALTH FACILITIES
For an additional amount for ‘‘Indian Health Facilities’’ for
emergency expenses resulting from flooding and other natural disas-
ters, $2,000,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 5
SEC. 5001. Section 101(c) of Public Law 104–134 is amended
as follows: Under the heading ‘‘Title III—General Provisions’’ amend
sections 315(c)(1)(A) and 315(c)(1)(B) by striking in each of those
sections ‘‘104%’’ and inserting in lieu thereof ‘‘100%’’; by striking
in each of those sections ‘‘1995’’ and inserting in lieu thereof ‘‘1994’’;
and by striking in each of those sections ‘‘and thereafter annually
adjusted upward by 4%,’’.
SEC. 5002. Section 101(d) of Public Law 104–208 is amended
as follows: Under the heading ‘‘Administrative Provisions, Indian
Health Service’’ strike the seventh proviso and insert the following
in lieu thereof: ‘‘: Provided further, That with respect to functions
transferred by the Indian Health Service to tribes or tribal organiza-
tions, the Indian Health Service is authorized to provide goods
and services to those entities, on a reimbursable basis, including
payment in advance with subsequent adjustment, and the
reimbursements 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 remain available until
expended’’.
SEC. 5003. (a) EXTENSION
AND
EFFECTIVE
DATE.—Section
3711(b)(1) of the San Carlos Apache Tribe Water Rights Settlement
Act of 1992 (106 Stat. 4752) is amended by striking ‘‘June 30,
1997’’ and inserting ‘‘March 31, 1999’’.
(b) EXTENSION FOR RIVER SYSTEM GENERAL ADJUDICATION.—
Section 3711 of such Act is amended by adding at the end the
following new subsection:
‘‘(c) EXTENSION FOR RIVER SYSTEM GENERAL ADJUDICATION.—
If, at any time prior to March 31, 1999, the Secretary notifies
the Committee on Indian Affairs of the United States Senate or
the Committee on Resources in the United States House of Rep-
resentatives that the Settlement Agreement, as executed by the
Secretary, has been submitted to the Superior Court of the State
of Arizona in and for Maricopa County for consideration and
approval as part of the General Adjudication of the Gila River
System and Source, the March 31, 1999, referred to in subsection
(b)(1) shall be deemed to be changed to December 31, 1999.’’.
(c) COUNTIES.—Section 3706(b)(3) of such Act is amended by
inserting ‘‘Gila, Graham, Greenlee,’’ after ‘‘Maricopa,’’.
(d) PARTIES TO AGREEMENT.—Section 3703(2) of such Act is
amended by adding at the end the following new sentence: ‘‘The
Gila Valley Irrigation District and the Franklin Irrigation District
shall be added as parties to the Agreement, but only so long
as none of the aforementioned parties objects to adding the Gila
Valley Irrigation and/or the Franklin Irrigation District as parties
to the Agreement.’’.
H. R. 1469—25
(e) DEFINITIONS.—Section 3703 of such Act is amended by add-
ing the following new paragraphs:
‘‘(12) ‘Morenci mine complex’ means the lands owned or leased
by Phelps Dodge Corporation, now or in the future, delineated
in a map as ‘Phelps Dodge Mining, Mineral Processing, and Auxil-
iary Facilities Water Use Area’, which map is dated March 19,
1996, and is on file with the Secretary of the Interior.
‘‘(13) ‘Upper Eagle Creek Wellfield’ means that area in Greenlee
County which is bounded by the eastern boundary of Graham
County on the west, the southern boundary of the Black River
watershed on the north, a line running north and south 5 miles
east of the eastern boundary of Graham County on the east, and
the southern boundary of the natural drainage of Cottonwood Can-
yon on the south.’’.
(f) BLACK RIVER FACILITIES.—Section 3711 of such Act, as
amended by subsection (b) of this Act, is further amended by
adding at the end the following:
‘‘(d) BLACK RIVER FACILITIES.—
‘‘(1) IN GENERAL.—The provisions and agreements set forth
or referred to in paragraphs (2), (3), and (4) below shall be
enforceable against the United States in United States district
court, and the immunity of the United States for such purposes
and for no other purpose is hereby waived. The provisions
and agreements set forth or referred to in paragraphs (2)(A),
(3), and (4) below shall be enforceable against the Tribe in
United States district court, and the immunity of the Tribe
for such purposes and for no other purpose, is hereby waived.
The specific agreements made by the Tribe and set forth in
paragraph (5) shall be enforceable against the Tribe in United
States district court, and the immunity of the Tribe is hereby
waived as to such specific agreements and for no other purpose.
‘‘(2) INTERIM PERIOD.—
‘‘(A) As of July 23, 1997, Phelps Dodge shall vacate
the reservation and no longer rely upon permit #2000089,
dated July 25, 1944. On such date the United States,
through the Bureau of Reclamation, shall enter, operate,
and maintain the Black River pump station, outbuildings,
the pipeline, related facilities, and certain caretaker quar-
ters (hereinafter referred to collectively as the ‘Black River
facilities’).
‘‘(B) The United States and Phelps Dodge shall enter
into a contract for delivery of water pursuant to subpara-
graph (C), below. Water for delivery to Phelps Dodge from
the Black River shall not exceed an annual average of
40 acre feet per day, or 14,000 acre feet per year. All
diversions from Black River to Phelps Dodge shall be junior
to the diversion and use of up to 7,300 acre feet per
year by the San Carlos Apache Tribe, and no such diversion
for Phelps Dodge shall cause the flow of Black River to
fall below 20 cubic feet per second. The United States
shall account for the costs for operating and maintaining
the Black River facilities, and Phelps Dodge shall
reimburse the United States for such costs. Phelps Dodge
shall pay to the United States, for delivery to the Tribe,
the sum of $20,000 per month, with an annual CPI adjust-
ment from July 23, 1997, for purposes of compensating
the Tribe for United States use and occupancy of the Black
H. R. 1469—26
River facilities. Phelps Dodge and the Tribe shall cooperate
with the United States in effectuating an orderly transfer
of the operations of the Black River facilities from Phelps
Dodge to the United States.
‘‘(C) Notwithstanding any other provision of law, the
contract referred to in subparagraph (B) between the
United States and Phelps Dodge which provides for the
diversion of water from the Black River into the Black
River facilities, and the delivery of such water to Phelps
Dodge at that location where the channel of Eagle Creek
last exits the reservation for use in the Morenci mine
complex and the towns of Clifton and Morenci and at
no other location, is ratified and confirmed.
‘‘(D) The power line right-of-way over the Tribe’s Res-
ervation which currently is held by Phelps Dodge shall
remain in place. During the interim period, Phelps Dodge
shall provide power to the United States for operation
of the pump station and related facilities without charge,
and Phelps Dodge shall pay a monthly right-of-way fee
to the Tribe of $5,000 per month, with an annual CPI
adjustment from July 23, 1997.
‘‘(E) Any questions regarding the water claims associ-
ated with Phelps Dodge’s use of the Upper Eagle Creek
Wellfield, its diversions of surface water from Eagle Creek,
the San Francisco River, Chase Creek, and/or its use of
other water supplies are not addressed in this title. No
provision in this subsection shall affect or be construed
to affect any claims by the Tribe, the United States, or
Phelps Dodge to groundwater or surface water.
‘‘(3) FINAL ARRANGEMENTS AND TERMS.—The interim period
described in paragraph (2) shall extend until all conditions
set forth in paragraph (3)(B) have been satisfied. At such time,
the following final arrangements shall apply, based on the
terms set forth below. Such terms shall bind the Tribe, the
United States, and Phelps Dodge, and shall be enforceable
pursuant to subsection (d)(1) of this Act.
‘‘(A) The United States shall hold the Black River
facilities in trust for the Tribe, without cost to the Tribe
or the United States.
‘‘(B) Responsibility for operation of the Black River
facilities shall be transferred from the United States to
the Tribe. The United States shall train Tribal members
during the interim period, and the responsibility to operate
the Black River facilities shall be transferred upon satisfac-
tion of 2 conditions—
‘‘(i) a finding by the United States that the Tribe
has completed necessary training and is qualified to
operate the Black River facilities; and
‘‘(ii) execution of the contract described in para-
graph (3)(E), which contract shall be executed on or
before December 31, 1998. In the event that the con-
tract is not executed by December 31, 1998, the trans-
fer described in this subsection shall occur on Decem-
ber 31, 1998 (so long as condition (i) of this subpara-
graph has been satisfied), based on application of the
contract terms described in paragraph (3)(E), which
terms shall be enforceable under this Act. Upon the
H. R. 1469—27
approval of the Secretary, the Tribe may contract with
third parties to operate the Black River facilities.
‘‘(C) Power lines currently operated by Phelps Dodge
on the Tribe’s Reservation, and the right-of-way associated
with such power lines, shall be surrendered by Phelps
Dodge to the Tribe, without cost to the Tribe. Prior to
the surrender of the power lines, the Bureau of Reclamation
shall arrange for an inspection of the power lines and
associated facilities by a qualified third party and shall
obtain a certification that such power lines and facilities
are of sound design and are in good working order. Phelps
Dodge shall pay for the cost of such inspection and certifi-
cation. Concurrently with the surrender of the power lines
and the right-of-way, Phelps Dodge shall construct a switch
station at the boundary of the Reservation at which the
Tribe may switch power on or off and shall deliver owner-
ship and control of such switch station to the Tribe. Subse-
quent to the transfer of the power lines and the right-
of-way and the delivery of ownership and control of the
switch station to the Tribe, Phelps Dodge shall have no
further obligation or liability of any nature with respect
to the ownership, operation, or maintenance of the power
lines, the right-of-way, or the switch station.
‘‘(D) The Tribe and the United States will enter into
an exchange agreement with the Salt River Project which
will deliver CAP water controlled by the Tribe to the Salt
River Project in return for the diversion of water from
the Black River into the Black River facilities. The
exchange agreement shall be subject to review and approval
by Phelps Dodge, which approval shall not be unreasonably
withheld. Notwithstanding any other provision of law, the
contract referred to in this subparagraph is ratified and
confirmed.
‘‘(E) The Tribe, the United States, and Phelps Dodge
will execute a contract covering the lease and delivery
of CAP water from the Tribe to Phelps Dodge on the
following terms:
‘‘(i) The Tribe will lease to Phelps Dodge 14,000
acre feet of CAP water per year as of the date on
which the interim period referred to in paragraph (2)
expires. The lease shall be subject to the terms and
conditions identified in the Tribal CAP Delivery Con-
tract referenced in section 3706(b). The leased CAP
water shall be delivered to Phelps Dodge from the
Black River pursuant to the exchange referred to in
subparagraph (D) above, based on diversions from the
Black River that shall not exceed an annual average
of 40 acre feet per day and shall not cause the flow
of Black River to fall below 20 cubic feet per second.
Such CAP water shall be delivered to Phelps Dodge
at that location where the channel of Eagle Creek
last exits the Reservation, to be utilized in the Morenci
mine complex and the towns of Clifton and Morenci,
and at no other location.
‘‘(ii) The leased CAP water shall be junior to the
diversion and use of up to 7,300 acre feet per year
H. R. 1469—28
from the Black and Salt Rivers by the San Carlos
Apache Tribe.
‘‘(iii) The lease will be for a term of 50 years
or, if earlier, the date upon which mining activities
at the Morenci mine complex cease, with a right to
renew for an additional 50 years upon a finding by
the Secretary that the water is needed for continued
mining activities at the Morenci mine complex. The
lease shall have the following financial terms:
‘‘(I) The Tribe will lease CAP water at a cost
of $1,200 per acre foot. Phelps Dodge shall pay
to the United States, on behalf of the Tribe, the
sum of $5,000,000 upon the earlier of the execution
of the agreement, or upon the expiration of the
interim period referred to in paragraph (2) hereof,
which amount shall be a prepayment for and
applicable to the first 4,166 acre feet of CAP water
to be delivered in each year during the term of
the lease.
‘‘(II) Phelps Dodge shall pay the United States,
on behalf of the Tribe, the sum of $65 per acre
foot per year, with an annual CPI adjustment for
the remaining 9,834 acre feet of water to be deliv-
ered pursuant to the lease each year. Such pay-
ments shall be made in advance on January 1
of each year, with a reconciliation made at year-
end, if necessary, in the event that less than 14,000
acre feet of CAP water is diverted from the Black
River due to shortages in the CAP system or on
the Black River.
‘‘(III) Phelps Dodge shall pay in advance each
month the Tribe’s reasonable costs associated with
the Tribe’s operation, maintenance, and replace-
ment of the Black River facilities for purposes
of delivering water to Phelps Dodge pursuant to
the lease, which costs shall be based upon the
experience of the Bureau of Reclamation in operat-
ing the Black River facilities during the interim
period referred to in paragraph (2), subject to an
annual CPI adjustment, and providing for a credit
for power provided by Phelps Dodge to the Tribe.
In addition, Phelps Dodge shall pay a monthly
fee of $30,000 to the United States, on behalf
of the Tribe, to account for the use of the Tribe’s
distribution system.
‘‘(IV) Phelps Dodge shall pay the United States
operation, maintenance, and replacement charges
associated with the leased CAP water and such
reasonable interconnection charges as may be
imposed by Salt River Project in connection with
the exchange referred to in subparagraph (D)
above.
‘‘(iv) Notwithstanding the provisions of section
3707(b), any moneys, except Black River facilities
OM&R, CAP OM&R and any charges associated with
an exchange agreement with Salt River Project, paid
to the United States on behalf of the Tribe from the
H. R. 1469—29
lease referred to under paragraph (3)(D)(iii) shall be
held in trust by the United States for the benefit
of the Tribe. There is hereby established in the Treas-
ury of the United States a fund to be known as the
‘San Carlos Apache Tribe Lease Fund’ for such purpose.
Interest accruing to the Fund may be used by the
Tribe for economic and community development pur-
poses upon presentation to the Secretary of a certified
copy of a duly enacted resolution of the Tribal Council
requesting distribution and a written budget approved
by the Tribal Council. Such income may thereafter
be expended only in accordance with such budget.
Income not distributed shall be added to principal.
The United States shall not be liable for any claim
or causes of action arising from the Tribe’s use or
expenditure of moneys distributed from the Fund.
‘‘(v) The lease is not assignable to any third party,
except with the consent of the Tribe and Phelps Dodge,
and with the approval of the Secretary.
‘‘(vi) Notwithstanding subsection (b) hereof, section
3706 shall be fully effective immediately with respect
to the CAP water lease provided for in this subpara-
graph and the Secretary shall take all actions author-
ized by section 3706 necessary for purposes of
implementing this subparagraph. Notwithstanding any
other provision of law, the contract referred to in this
subparagraph is ratified and confirmed and shall be
enforceable in United States district court. In the event
that no lease authorized by this subparagraph is
executed, this subparagraph, notwithstanding any
other provision of law, shall be enforceable as a lease
among the Tribe, the United States, and Phelps Dodge
in the United States district court, and the Secretary
shall take all action authorized by section 3706 for
purposes of implementing this subparagraph in such
an event.
‘‘(F) Any questions regarding the water claims associ-
ated with Phelps Dodge’s use of the Eagle Creek Wellfield,
its diversions of surface water from lower Eagle Creek,
the San Francisco River, Chase Creek, and/or its use of
other water supplies are not addressed by this title. No
provision in this subsection shall affect or be construed
to affect any claims by the Tribe, the United States, or
Phelps Dodge to groundwater or surface water.
‘‘(4) EAGLE CREEK.—From the effective date of this sub-
section, and during the Interim Period, the Tribe shall not,
in any way, impede, restrict, or sue the United States regarding
the passage of water from the Black River facilities into those
portions of the channels of Willow Creek and Eagle Creek
which flow through the Reservation. Phelps Dodge agrees to
limit pumping from the Upper Eagle Creek Wellfield so that
the combination of water from the Black River facilities and
water pumped from the Upper Eagle Creek Wellfield does
not exceed 22,000 acre feet per year of delivered water at
the Phelps Dodge Lower Eagle Creek Pump Station below
the Reservation. In calculating the pumping rates allowed
under this subparagraph, transmission losses from Black River
H. R. 1469—30
and the Upper Eagle Creek Wellfield shall be estimated, but
in no event shall such transmission losses be more than 10
percent of the Black River or Upper Eagle Creek Wellfield
water. Based on this agreement, the Tribe shall not, in any
way, impede, restrict, or sue Phelps Dodge regarding the pas-
sage of water from the Phelps Dodge Upper Eagle Creek
Wellfield, except that—
‘‘(A) Phelps Dodge shall pay to the United States,
on behalf of the Tribe, $5,000 per month, with an annual
CPI adjustment from July 23, 1997, to account for the
passage of such flows; and
‘‘(B) the Tribe and the United States reserve the right
to challenge Phelps Dodge’s claims regarding the pumping
of groundwater from the Upper Eagle Creek Wellfield, in
accordance with paragraphs (2)(E) and (3)(F) above. In
the event that a court determines that Phelps Dodge does
not have the right to pump the Upper Eagle Creek
Wellfield, the Tribe will no longer be subject to the restric-
tion set forth in this subparagraph regarding the passage
of water from the Wellfield through the Reservation. Noth-
ing in this subsection shall affect the rights, if any, that
Phelps Dodge might claim regarding the flow of water
in the channel of Eagle Creek in the absence of this sub-
section.
‘‘(5) PAST CLAIMS.—The Act does not address claims relating
to Phelps Dodge’s prior occupancy and operation of the Black
River facilities. The Tribe agrees not to bring any such claims
against the United States. The Tribe also agrees that within
30 days after Phelps Dodge has vacated the Reservation, it
shall dismiss with prejudice the suit that it has filed in Tribal
Court against Phelps Dodge (The San Carlos Apache Tribe
v. Phelps Dodge, et al., Case No. C–97–118), which such dismis-
sal shall not be considered a decision on the merits, and any
claims that it might assert against Phelps Dodge in connection
with Phelps Dodge’s prior occupancy and operation of the Black
River facilities shall be brought exclusively in the United States
district court.
‘‘(6) RELATIONSHIP TO SETTLEMENT.—
‘‘(A) The term ‘Agreement’, as defined by section
3703(2), shall not include Phelps Dodge.
‘‘(B) Section 3706(j) and section 3705(f) shall be
repealed and shall have no effect.
‘‘(7) 
RATIFICATION
OF
SETTLEMENT.—The 
agreement
between the San Carlos Apache Tribe, the Phelps Dodge Cor-
poration, and the Secretary of the Interior, as set forth in
this subsection, is hereby ratified and approved.’’.
(g) TECHNICAL AMENDMENT.—Section 3702(a)(3) is amended
by striking ‘‘qualification’’ and inserting ‘‘quantification’’.
SEC. 5004. Paragraph (5) of section 104(c) of the Marine Mam-
mal Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended as
follows:
(1) In subparagraph (A), by striking ‘‘, including polar
bears taken but not imported prior to the date of enactment
of the Marine Mammal Protection Act Amendments of 1994,’’.
(2) By adding the following new subparagraph at the end
thereof:
H. R. 1469—31
‘‘(D) The Secretary of the Interior shall, expeditiously after
the expiration of the applicable 30 day period under subsection
(d)(2), issue a permit for the importation of polar bear parts (other
than internal organs) from polar bears taken in sport hunts in
Canada before the date of enactment of the Marine Mammal Protec-
tion Act Amendments of 1994, to each applicant who submits,
with the permit application, proof that the polar bear was legally
harvested in Canada by the applicant. The Secretary shall issue
such permits without regard to the provisions of subparagraphs
(A) and (C)(ii) of this paragraph, subsection (d)(3) of this section,
and sections 101 and 102. This subparagraph shall not apply to
polar bear parts that were imported before the effective date of
this subparagraph.’’.
SEC. 5005. (a) FINDINGS.—The Congress finds that—
(1) section 2477 of the Revised Statutes (R.S. 2477) was
repealed on October 21, 1976 by the Federal Land Policy and
Management Act (43 U.S.C. 1701 et seq.);
(2) the Federal Land Policy and Management Act did not
terminate valid rights of way established under R.S. 2477 prior
to its repeal;
(3) the Federal Land Policy and Management Act included
four provisions which explicitly preserved ‘‘valid existing rights’’
and made the actions of the government ‘‘subject to valid exist-
ing rights’’;
(4) after the repeal of R.S. 2477, disagreement and confu-
sion has surrounded the existence and extent of rights of way
established under R.S. 2477;
(5) in 1994 the Secretary of the Interior published proposed
regulations for processing claims regarding R.S. 2477 rights
of way;
(6) in 1995 and 1996 the Congress passed, and the Presi-
dent enacted, three separate pieces of legislation that prevented
the Secretary of the Interior from finalizing those regulations;
(7) the Omnibus Consolidated Appropriations for Fiscal
Year 1997 (Public Law 104–208) permanently prohibited the
promulgation of final rules or regulations regarding the recogni-
tion, validity, or management of R.S. 2477 rights of way unless
such regulations were specifically authorized by a subsequent
Act of Congress;
(8) the position of the Clinton Administration on this issue
is reflected in the written policy statement issued by the Sec-
retary of the Interior in January 1997 regarding R.S. 2477;
(9) western State representatives strongly disagree with
the Administration’s policy guidance; and
(10) a process is needed to recommend expeditiously a
legislative mechanism to resolve all outstanding R.S. 2477
claims.
(b) PROCESS.—
(1) ESTABLISHMENT OF COMMISSION.—
(A) There is established a commission to be known
as the Commission on Section 2477 of the Revised Statutes
(hereinafter referred to in this section as ‘‘the Commis-
sion’’). The Commission shall be composed of 13 members,
as follows:
(i) two officials from Federal land management
agencies, which shall be the Secretary of the Interior
and the Secretary of Agriculture, or their designees;
H. R. 1469—32
(ii) six Members of Congress (or their staff des-
ignee), of whom two shall be appointed by the Majority
Leader of the Senate and one by the Minority Leader
of the Senate, and of whom two shall be appointed
by the Speaker of the House of Representatives and
one by the Minority Leader of the House of Representa-
tives;
(iii) four State officials with land management or
transportation development responsibilities, two of
whom shall be from affected western States with a
Republican Governor and two of whom shall be from
affected western States with a Democratic Governor,
with the four States selected by mutual agreement
between the President, the Senate Majority Leader,
and the Speaker of the House; and
(iv) a chairman, who shall be a former member
of the Federal judiciary with experience in property
and land management law, to be selected by consensus
(or failing all reasonable attempts at consensus, major-
ity vote) of the other 12 members of the Commission.
(B) The Commission shall be appointed within 90 days
after the date of enactment of this section. The Secretary
of the Interior shall provide any necessary support to the
Commission.
(C) The chairman of the Commission shall receive com-
pensation at the daily rate of GS–15, step 7 of the General
Schedule, when engaged in the actual performance of duties
for the Commission, and shall be reimbursed for actual
expenses in the performance of such duties by the Secretary
of the Interior. All other members of the Commission shall
be reimbursed and compensated as appropriate by their
respective employers and shall not be considered Federal
employees solely because of their activities on the Commis-
sion.
(D) The Commission shall conduct its first meeting
no later than 120 days after the date of enactment of
this section, at which time the Commission shall select
by consensus or majority vote the chairman. The Secretary
of the Interior shall recommend to Commission members
the names of at least three persons who meet the require-
ments of subparagraph (A)(iv) for consideration at the first
meeting. Any other member of the Commission may also
recommend persons who meet the requirements of subpara-
graph (A)(iv) for the consideration of the members at the
first meeting.
(2) DUTIES OF COMMISSION.—
(A) The Commission shall recommend changes to law
that should be enacted to provide for an expeditious resolu-
tion of all outstanding claims of a right of way across
Federal lands established pursuant to section 2477 of the
Revised Statutes (43 U.S.C. 932).
(B) The Commission shall hold a public hearing in
each affected State upon the request of the Governor of
each such State, and shall consult with the Governor of
each affected State in developing its recommendations. The
Commission may hold such other hearings as it deems
necessary. All hearings conducted by the Commission shall
H. R. 1469—53
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY TRAFFIC SAFETY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under this head-
ing, $13,000,000 are rescinded.
FEDERAL TRANSIT ADMINISTRATION
TRUST FUND SHARE OF EXPENSES
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under this head-
ing, $271,000,000 are rescinded.
DISCRETIONARY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under this head-
ing, for fixed guideway modernization and bus activities under
49 U.S.C. 5309(m)(A) and (C), $588,000,000 are rescinded.
INDEPENDENT AGENCY
GENERAL SERVICES ADMINISTRATION
EXPENSES, PRESIDENTIAL TRANSITION
(RESCISSION)
Of the amounts made available under this heading in Public
Law 104–208, $5,600,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
(INCLUDING RESCISSION)
Of the amounts recaptured under this heading during fiscal
year 1997 and prior years, $3,650,000,000 are rescinded: Provided,
That the Secretary of Housing and Urban Development shall recap-
ture at least $5,800,000,000 in amounts heretofore maintained as
section 8 reserves made available to housing agencies for tenant-
based assistance under the section 8 existing housing certificate
and housing voucher programs: Provided further, That all additional
section 8 reserve funds of an amount not less than $2,150,000,000
and any recaptures (other than funds already designated for other
uses) specified in section 214 of Public Law 104–204 shall be pre-
served under the head ‘‘Section 8 Reserve Preservation Account’’