921
program under this paragraph for part-time
work assigned in conjunction with training.
Such compensation may include need-based pay-
ments and reimbursement of expenses.
(d) WORKFORCE PREPARATION INITIATIVES.—
(1) IN GENERAL.—The private, nonprofit cor-
poration shall establish initiatives with the District of
Columbia public schools, and public charter schools,
appropriate governmental agencies, and businesses
and other private entities, to facilitate the integration
of rigorous academic studies with workforce prepara-
tion programs in District of Columbia public schools
and public charter schools.
(2) CONDUCT OF INITIATIVES.—In carrying out
the initiatives under paragraph (1), the private, non-
profit corporation shall, at a minimum, actively de-
velop, expand, and promote the following programs:
(A) Career academy programs in secondary
schools, as such programs are established in cer-
tain District of Columbia public schools, which
provide a school-within-a-school concept, focusing
on career preparation and the integration of the
academy programs with vocational and technical
curriculum.
922
(B) Programs carried out in the District of
Columbia that are funded under the School-to-
Work Opportunities Act of 1994 (20 U.S.C. 6101
et seq.).
(e) PROFESSIONAL
DEVELOPMENT
PROGRAM
FOR
TEACHERS AND ADMINISTRATORS.—
(1) ESTABLISHMENT OF PROGRAM.—The private,
nonprofit corporation shall establish a consortium
consisting of the corporation, teachers, school admin-
istrators, and the consortium of universities located
in the District of Columbia (in existence on the date
of the enactment of this Act), for the purpose of estab-
lishing a program for the professional development of
teachers and school administrators employed by the
District of Columbia public schools and public charter
schools.
(2) CONDUCT OF PROGRAM.—In carrying out the
program established under paragraph (1), the consor-
tium established under such paragraph, in consulta-
tion with the task force established under subtitle D
and the Superintendent, at a minimum, shall provide
for the following:
(A) Professional development for teachers
consistent with the model professional develop-
ment programs for teachers under section
923
2411(b)(4), or consistent with the core curricu-
lum developed by the Superintendent under sec-
tion 2411(b)(2), as the case may be, except that
for fiscal year 1996, such professional develop-
ment shall focus on curriculum for elementary
school grades in reading and mathematics that
have been demonstrated to be effective for stu-
dents from low-income backgrounds.
(B) Professional development for principals,
with a special emphasis on middle school prin-
cipals, focusing on effective practices that reduce
the number of students who drop out of school.
(C) Private sector training of teachers in
the use, application, and operation of state-of-
the-art technology in education.
(D) Training for school principals and
other school administrators in effective private
sector management practices for the purpose of
site-based management in the District of Colum-
bia public schools, and training in the manage-
ment of public charter schools established in ac-
cordance with this title.
SEC. 2705. MATCHING FUNDS.
The private, nonprofit corporation, to the extent prac-
ticable, shall provide matching funds, or in-kind contribu-
924
tions, or a combination thereof, for the purpose of carrying
out the duties of the corporation under section 2704, as fol-
lows:
(1) For fiscal year 1996, the nonprofit corpora-
tion shall provide matching funds or in-kind con-
tributions of $1 for every $1 of Federal funds pro-
vided under this subtitle for such year for activities
under section 2704.
(2) For fiscal year 1997, the nonprofit corpora-
tion shall provide matching funds or in-kind con-
tributions of $3 for every $1 of Federal funds pro-
vided under this subtitle for such year for activities
under section 2704.
(3) For fiscal year 1998, the nonprofit corpora-
tion shall provide matching funds or in-kind con-
tributions of $5 for every $1 of Federal funds pro-
vided under this subtitle for such year for activities
under section 2704.
SEC. 2706. REPORT.
The private, nonprofit corporation shall prepare and
submit to the appropriate congressional committees on a
quarterly basis, or, with respect to fiscal year 1996, on a
biannual basis, a report which shall contain—
(1) the activities the corporation has carried out,
including the duties of the corporation described in
925
section 2704, for the 3-month period ending on the
date of the submission of the report, or, with respect
to fiscal year 1996, the 6-month period ending on the
date of the submission of the report;
(2) an assessment of the use of funds or other re-
sources donated to the corporation;
(3) the results of the assessment carried out
under section 2704(b)(3); and
(4) a description of the goals and priorities of
the corporation for the 3-month period beginning on
the date of the submission of the report, or, with re-
spect to fiscal year 1996, the 6-month period begin-
ning on the date of the submission of the report.
SEC. 2707. JOBS FOR D.C. GRADUATES PROGRAM.
(a) IN GENERAL.—The nonprofit corporation shall es-
tablish a program, to be known as the ‘‘Jobs for D.C. Grad-
uates Program’’, to assist District of Columbia public
schools and public charter schools in organizing and imple-
menting a school-to-work transition system, which system
shall give priority to providing assistance to at-risk youths
and disadvantaged youths.
(b) CONDUCT OF PROGRAM.—In carrying out the pro-
gram established under subsection (a), the nonprofit cor-
poration, consistent with the policies of the nationally rec-
ognized Jobs for America’s Graduates, Inc., shall—
926
(1) establish performance standards for such pro-
gram;
(2) provide ongoing enhancement and improve-
ments in such program;
(3) provide research and reports on the results of
such program; and
(4) provide preservice and inservice training.
SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—
(1) DELTA COUNCIL; ACCESS TO STATE-OF-THE-
ART
EDUCATIONAL
TECHNOLOGY; AND
WORKFORCE
PREPARATION INITIATIVES.—There are authorized to
be appropriated to carry out subsections (a), (b), and
(d) of section 2704, $1,000,000 for each of the fiscal
years 1996, 1997, and 1998.
(2) DEAL CENTER.—There are authorized to be
appropriated to carry out section 2704(c), $2,000,000
for each of the fiscal years 1996, 1997, and 1998.
(3) PROFESSIONAL DEVELOPMENT PROGRAM FOR
TEACHERS AND ADMINISTRATORS.—There are author-
ized to be appropriated to carry out section 2704(e),
$1,000,000 for each of the fiscal years 1996, 1997,
and 1998.
927
(4) JOBS
FOR
D.C. GRADUATES
PROGRAM.—
There are authorized to be appropriated to carry out
section 2707—
(A) $2,000,000 for fiscal year 1996; and
(B) $3,000,000 for each of the fiscal years
1997 through 2000.
(b) AVAILABILITY.—Amounts authorized to be appro-
priated under subsection (a) are authorized to remain
available until expended.
SEC. 2709. TERMINATION OF FEDERAL SUPPORT; SENSE OF
THE 
CONGRESS 
RELATING 
TO 
CONTINU-
ATION OF ACTIVITIES.
(a) TERMINATION OF FEDERAL SUPPORT.—The au-
thority under this subtitle to provide assistance to the pri-
vate, nonprofit corporation or any other entity established
pursuant to this subtitle shall terminate on October 1, 1998.
(b) SENSE OF THE CONGRESS RELATING TO CONTINU-
ATION OF ACTIVITIES.—It is the sense of the Congress
that—
(1) the activities of the private, nonprofit cor-
poration under section 2704 should continue to be
carried out after October 1, 1998, with resources made
available from the private sector; and
(2) the corporation should provide oversight and
coordination for such activities after such date.
928
Subtitle J—Management and Fiscal
Accountability
SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.
(a) FOOD SERVICES AND SECURITY SERVICES.—Not-
withstanding any other law, rule, or regulation, the Board
of Education shall enter into a contract for academic year
1995–1996 and each succeeding academic year, for the pro-
vision of all food services operations and security services
for the District of Columbia public schools, unless the Su-
perintendent determines that it is not feasible and provides
the Superintendent’s reasons in writing to the Board of
Education and the Authority.
(b) DEVELOPMENT OF NEW MANAGEMENT AND DATA
SYSTEMS.—Notwithstanding any other law, rule, or regula-
tion, the Board of Education shall, in academic year 1995–
1996, consult with the Authority on the development of new
management and data systems, as well as training of per-
sonnel to use and manage the systems in areas of budget,
finance, personnel and human resources, management in-
formation services, procurement, supply management, and
other systems recommended by the Authority. Such plans
shall be consistent with, and contemporaneous to, the Dis-
trict of Columbia Government’s development and imple-
mentation of a replacement for the financial management
929
system for the District of Columbia Government in use on
the date of enactment of this Act.
SEC. 2752. ANNUAL REPORTING REQUIREMENTS.
(a) IN GENERAL.—The Board of Education shall an-
nually compile an accurate and verifiable report on the po-
sitions and employees in the District of Columbia public
school system. The annual report shall set forth—
(1) the number of validated schedule A positions
in the District of Columbia public schools for fiscal
year 1995, fiscal year 1996, and thereafter on a full-
time equivalent basis, including a compilation of all
positions by control center, responsibility center,
funding source, position type, position title, pay plan,
grade, and annual salary; and
(2) a compilation of all employees in the District
of Columbia public schools as of December 31, of the
year preceding the year for which the report is made,
verified as to its accuracy in accordance with the
functions that each employee actually performs, by
control center, responsibility center, agency reporting
code, program (including funding source), activity,
location for accounting purposes, job title, grade and
classification, annual salary, and position control
number.
930
(b) SUBMISSION.—The annual report required by sub-
section (a) shall be submitted to the Congress, the Mayor,
the District of Columbia Council, the Consensus Commis-
sion, and the Authority, not later than February 8, 1996,
and each February 8 thereafter.
SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS.
(a) IN GENERAL.—Not later than October 1, 1996, or
prior to 15 calendar days after the date of the enactment
of the District of Columbia Appropriations Act, 1996,
whichever occurs first, and each succeeding year thereafter,
the Board of Education shall submit to the appropriate con-
gressional committees, the Mayor, the District of Columbia
Council, the Consensus Commission, and the Authority, a
revised appropriated funds operating budget for the District
of Columbia public school system for such fiscal year that
is consistent with the total amount appropriated in an Act
making appropriations for the District of Columbia for
such fiscal year and that realigns budgeted data for per-
sonal services and other than personal services, with antici-
pated actual expenditures.
(b) SUBMISSION.—The revised budget required by sub-
section (a) shall be submitted in the format of the budget
that the Board of Education submits to the Mayor for inclu-
sion in the Mayor’s budget submission to the District of
Columbia Council pursuant to section 442 of the District
931
of Columbia Self-Government and Governmental Reorga-
nization Act, Public Law 93–198 (D.C. Code, sec. 47–301).
SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA.
(a) IN GENERAL.—The budget, financial-accounting,
personnel, payroll, procurement, and management informa-
tion systems of the District of Columbia public schools shall
be coordinated and interface with related systems of the Dis-
trict of Columbia Government.
(b) ACCESS.—The Board of Education shall provide
read-only access to its internal financial management sys-
tems and all other data bases to designated staff of the
Mayor, the Council, the Authority, and appropriate con-
gressional committees.
SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET
REQUEST.
(a) IN GENERAL.—The Board of Education shall de-
velop its fiscal year 1997 gross operating budget and its
fiscal year 1997 appropriated funds budget request in ac-
cordance with this section.
(b) FISCAL YEAR 1996 BUDGET REVISION.—Not later
than February 15, 1996, the Board of Education shall de-
velop, approve, and submit to the Mayor, the District of
Columbia Council, the Authority, and appropriate congres-
sional committees, a revised fiscal year 1996 gross operat-
932
ing budget that reflects the amount appropriated in the Dis-
trict of Columbia Appropriations Act, 1996, and which—
(1) is broken out on the basis of appropriated
funds and nonappropriated funds, control center, re-
sponsibility center, agency reporting code, object class,
and object; and
(2) indicates by position title, grade, and agency
reporting code, all staff allocated to each District of
Columbia public school as of October 15, 1995, and
indicates on an object class basis all other-than-per-
sonal-services financial resources allocated to each
school.
(c) ZERO-BASE BUDGET.—For fiscal year 1997, the
Board of Education shall build its gross operating budget
and appropriated funds request from a zero-base, starting
from the local school level through the central office level.
(d) SCHOOL-BY-SCHOOL BUDGETS.—The Board of
Education’s initial fiscal year 1997 gross operating budget
and appropriated funds budget request submitted to the
Mayor, the District of Columbia Council, and the Authority
shall contain school-by-school budgets and shall also—
(1) be broken out on the basis of appropriated
funds and nonappropriated funds, control center, re-
sponsibility center, agency reporting code, object class,
and object;
933
(2) indicate by position title, grade, and agency
reporting code all staff budgeted for each District of
Columbia public school, and indicate on an object
class basis all other-than-personal-services financial
resources allocated to each school; and
(3) indicate the amount and reason for all
changes made to the initial fiscal year 1997 gross op-
erating budget and appropriated funds request from
the revised fiscal year 1996 gross operating budget re-
quired by subsection (b).
SEC. 2756. TECHNICAL AMENDMENTS.
Section 1120A of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6322) is amended—
(1) in subsection (b)(1), by—
(A) striking ‘‘(A) Except as provided in
subparagraph (B), a State’’ and inserting ‘‘A
State’’; and
(B) striking subparagraph (B); and
(2) by adding at the end thereof the following
new subsection:
‘‘(d) EXCLUSION OF FUNDS.—For the purpose of com-
plying with subsections (b) and (c), a State or local edu-
cational agency may exclude supplemental State or local
funds expended in any school attendance area or school for
programs that meet the intent and purposes of this part.’’.
934
Subtitle K—Personal Accountability
and 
Preservation 
of 
School-
Based Resources
SEC. 2801. PRESERVATION OF SCHOOL-BASED STAFF POSI-
TIONS.
(a) RESTRICTIONS
ON
REDUCTIONS
OF
SCHOOL-
BASED EMPLOYEES.—To the extent that a reduction in the
number of full-time equivalent positions for the District of
Columbia public schools is required to remain within the
number of full-time equivalent positions established for the
public schools in appropriations Acts, no reductions shall
be made from the full-time equivalent positions for school-
based teachers, principals, counselors, librarians, or other
school-based educational positions that were established as
of the end of fiscal year 1995, unless the Authority makes
a determination based on student enrollment that—
(1) fewer school-based positions are needed to
maintain established pupil-to-staff ratios; or
(2) reductions in positions for other than school-
based employees are not practicable.
(b) DEFINITION.—The term ‘‘school-based educational
position’’ means a position located at a District of Colum-
bia public school or other position providing direct support
to students at such a school, including a position for a cleri-
935
cal, stenographic, or secretarial employee, but not including
any part-time educational aide position.
SEC. 2802. MODIFICATIONS OF BOARD OF EDUCATION RE-
DUCTION-IN-FORCE PROCEDURES.
The District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Code, sec. 1–601.1 et seq.)
is amended—
(1) in section 301 (D.C. Code, sec. 1.603.1)—
(A) by inserting after paragraph (13), the
following new paragraph:
‘‘(13A) The term ‘nonschool-based personnel’
means any employee of the District of Columbia pub-
lic schools who is not based at a local school or who
does not provide direct services to individual stu-
dents.’’; and
(B) by inserting after paragraph (15), the
following new paragraph:
‘‘(15A) The term ‘school administrators’ means
principals, assistant principals, school program direc-
tors, coordinators, instructional supervisors, and sup-
port personnel of the District of Columbia public
schools.’’;
(2) in section 801A(b)(2) (D.C. Code, sec. 1–
609.1(b)(2)(L)—
936
(A) by striking ‘‘(L) reduction-in-force’’ and
inserting ‘‘(L)(i) reduction-in-force’’; and
(B) by inserting after subparagraph (L)(i),
the following new clause:
‘‘(ii) Notwithstanding any other provision
of law, the Board of Education shall not issue
rules that require or permit nonschool-based per-
sonnel or school administrators to be assigned or
reassigned to the same competitive level as class-
room teachers;’’; and
(3) in section 2402 (D.C. Code, sec. 1–625.2), by
adding at the end the following new subsection:
‘‘(f) Notwithstanding any other provision of law, the
Board of Education shall not require or permit nonschool-
based personnel or school administrators to be assigned or
reassigned to the same competitive level as classroom teach-
ers.’’.
SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS.
Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for eval-
uating District of Columbia public school employees shall
be a nonnegotiable item for collective bargaining purposes.
937
SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL EM-
PLOYEES.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, rule, or regulation, an employee of a District
of Columbia public school shall be—
(1) classified as an educational service employee;
(2) placed under the personnel authority of the
Board of Education; and
(3) subject to all Board of Education rules.
(b) SCHOOL-BASED PERSONNEL.—School-based per-
sonnel shall constitute a separate competitive area from
nonschool-based personnel who shall not compete with
school-based personnel for retention purposes.
Subtitle L—Establishment and Or-
ganization of the Commission on
Consensus Reform in the District
of Columbia Public Schools
SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE
DISTRICT OF COLUMBIA PUBLIC SCHOOLS.
(a) ESTABLISHMENT.—
(1) IN
GENERAL.—There is established within
the District of Columbia Government a Commission
on Consensus Reform in the District of Columbia
Public Schools, consisting of 7 members to be ap-
pointed in accordance with paragraph (2).
938
(2) MEMBERSHIP.—The Consensus Commission
shall consist of the following members:
(A) 1 member to be appointed by the Presi-
dent chosen from a list of 3 proposed members
submitted by the Majority Leader of the Senate.
(B) 1 member to be appointed by the Presi-
dent chosen from a list of 3 proposed members
submitted by the Speaker of the House of Rep-
resentatives.
(C) 2 members to be appointed by the Presi-
dent, of which 1 shall represent the local business
community and 1 of which shall be a teacher in
a District of Columbia public school.
(D) The President of the District of Colum-
bia Congress of Parents and Teachers.
(E) The President of the Board of Edu-
cation.
(F) The Superintendent.
(G) The Mayor and District of Columbia
Council Chairman shall each name 1 nonvoting
ex officio member.
(H) The Chief of the National Guard Bu-
reau who shall be an ex officio member.
939
(3) TERMS OF SERVICE.—The members of the
Consensus Commission shall serve for a term of 3
years.
(4) VACANCIES.—Any vacancy in the member-
ship of the Consensus Commission shall be filled by
the appointment of a new member in the same man-
ner as provided for the vacated membership. A mem-
ber appointed under this paragraph shall serve the re-
maining term of the vacated membership.
(5) QUALIFICATIONS.—Members of the Consensus
Commission appointed under subparagraphs (A), (B),
and (C) of paragraph (2) shall be residents of the Dis-
trict of Columbia and shall have a knowledge of pub-
lic education in the District of Columbia.
(6) CHAIR.—The Chair of the Consensus Com-
mission shall be chosen by the Consensus Commission
from among its members, except that the President of
the Board of Education and the Superintendent shall
not be eligible to serve as Chair.
(7) NO COMPENSATION FOR SERVICE.—Members
of the Consensus Commission shall serve without pay,
but may receive reimbursement for any reasonable
and necessary expenses incurred by reason of service
on the Consensus Commission.
940
(b) EXECUTIVE DIRECTOR.—The Consensus Commis-
sion shall have an Executive Director who shall be ap-
pointed by the Chair with the consent of the Consensus
Commission. The Executive Director shall be paid at a rate
determined by the Consensus Commission, except that such
rate may not exceed the highest rate of pay payable for level
EG–16 of the Educational Service of the District of Colum-
bia.
(c) STAFF.—With the approval of the Chair and the
Authority, the Executive Director may appoint and fix the
pay of additional personnel as the Executive Director con-
siders appropriate, except that no individual appointed by
the Executive Director may be paid at a rate greater than
the rate of pay for the Executive Director.
(d) SPECIAL RULE.—The Board of Education, or the
Authority, shall reprogram such funds, as the Chair of the
Consensus Commission shall in writing request, from
amounts available to the Board of Education.
SEC. 2852. PRIMARY PURPOSE AND FINDINGS.
(a) PURPOSE.—The primary purpose of the Consensus
Commission is to assist in developing a long-term reform
plan that has the support of the District of Columbia com-
munity through the participation of representatives of var-
ious critical segments of such community in helping to de-
velop and approve the plan.
941
(b) FINDINGS.—The Congress finds that—
(1) experience has shown that the failure of the
District of Columbia educational system has been due
more to the failure to implement a plan than the fail-
ure to develop a plan;
(2) national studies indicate that 50 percent of
secondary school graduates lack basic literacy skills,
and over 30 percent of the 7th grade students in the
District of Columbia public schools drop out of school
before graduating;
(3) standard student assessments indicate only
average performance for grade level and fail to iden-
tify individual students who lack basic skills, allow-
ing too many students to graduate lacking these basic
skills and diminishing the worth of a diploma;
(4) experience has shown that successful schools
have good community, parent, and business involve-
ment;
(5) experience has shown that reducing dropout
rates in the critical middle and secondary school
years requires individual student involvement and at-
tention through such activities as arts or athletics;
and
(6) experience has shown that close coordination
between educators and business persons is required to
942
provide noncollege-bound students the skills necessary
for employment, and that personal attention is vitally
important to assist each student in developing an ap-
propriate career path.
SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COM-
MISSION.
(a) PRIMARY RESPONSIBILITY.—The Board of Edu-
cation and the Superintendent shall have primary respon-
sibility for developing and implementing the long-term re-
form plan for education in the District of Columbia.
(b) DUTIES.—The Consensus Commission shall—
(1) identify any obstacles to implementation of
the long-term reform plan and suggest ways to remove
such obstacles;
(2) assist in developing programs that—
(A) ensure every student in a District of
Columbia public school achieves basic literacy
skills;
(B) ensure every such student possesses the
knowledge and skills necessary to think critically
and communicate effectively by the completion of
grade 8; and
(C) lower the dropout rate in the District of
Columbia public schools;
943
(3) assist in developing districtwide assessments,
including individual assessments, that identify Dis-
trict of Columbia public school students who lack
basic literacy skills, with particular attention being
given to grade 4 and the middle school years, and es-
tablish procedures to ensure that a teacher is made
accountable for the performance of every such student
in such teacher’s class;
(4) make recommendations to improve commu-
nity, parent, and business involvement in District of
Columbia public schools and public charter schools;
(5) assess opportunities in the District of Colum-
bia to increase individual student involvement and
attention through such activities as arts or athletics,
and make recommendations on how to increase such
involvement; and
(6) assist in the establishment of procedures that
ensure every District of Columbia public school stu-
dent is provided the skills necessary for employment,
including the development of individual career paths.
(c) POWERS.—The Consensus Commission shall have
the following powers:
(1) To monitor and comment on the development
and implementation of the long-term reform plan.
944
(2) To exercise its authority, as provided in this
subtitle, as necessary to facilitate implementation of
the long-term reform plan.
(3) To review and comment on the budgets of the
Board of Education, the District of Columbia public
schools and public charter schools.
(4) To recommend rules concerning the manage-
ment and direction of the Board of Education that
address obstacles to the development or implementa-
tion of the long-term reform plan.
(5) To review and comment on the core curricu-
lum for kindergarten through grade 12 developed
under subtitle D.
(6) To review and comment on a core curricu-
lum for prekindergarten, vocational and technical
training, and adult education.
(7) To review and comment on all other edu-
cational programs carried out by the Board of Edu-
cation and public charter schools.
(8) To review and comment on the districtwide
assessments for measuring student achievement in the
core curriculum developed under subtitle D.
(9) To review and comment on the model profes-
sional development programs for teachers using the
core curriculum developed under subtitle D.
945
(d) LIMITATIONS.—
(1) IN GENERAL.—Except as otherwise provided
in this subtitle, the Consensus Commission shall have
no powers to involve itself in the management or op-
eration of the Board of Education with respect to the
implementation of the long-term reform plan.
(2) SPECIAL RULE.—If the Consensus Commis-
sion determines that the Board of Education has
failed to take an action necessary to develop or imple-
ment the long-term reform plan or that the Board of
Education is unable to do so, the Consensus Commis-
sion shall request the Authority to take appropriate
action, and the Authority shall take such action as
the Authority deems appropriate, to develop or imple-
ment, as the case may be, the long-term reform plan.
SEC. 2854. IMPROVING ORDER AND DISCIPLINE.
(a) COMMUNITY SERVICE REQUIREMENT FOR SUS-
PENDED STUDENTS.—
(1) IN GENERAL.—Any student suspended from
classes at a District of Columbia public school who is
required to serve the suspension outside the school
shall perform community service for the period of sus-
pension. The community service required by this sub-
section shall be subject to rules and regulations pro-
mulgated by the Mayor.
946
(2) EFFECTIVE DATE.—This subsection shall take
effect on the first day of the 1996–1997 academic
year.
(b) EXPIRATION DATE.—This section, and sections
2101(b)(1)(K) and 2851(a)(2)(H), shall cease to be effective
on the last day of the 1997–1998 academic year.
(c) REPORT.—The Consensus Commission shall study
the effectiveness of the policies implemented pursuant to this
section in improving order and discipline in District of Co-
lumbia public schools and report its findings to the appro-
priate congressional committees not later than 60 days
prior to the last day of the 1997–1998 academic year.
SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.
(a) IN GENERAL.—The Consensus Commission may
examine and request the Inspector General of the District
of Columbia or the Authority to audit the records of the
Board of Education to ensure, monitor, and evaluate the
performance of the Board of Education with respect to com-
pliance with the long-term reform plan and such plan’s
overall educational achievement. The Consensus Commis-
sion shall conduct an annual review of the educational per-
formance of the Board of Education with respect to meeting
the goals of such plan for such year. The Board of Edu-
cation shall cooperate and assist in the review or audit as
requested by the Consensus Commission.
947
(b) AUDIT.—The Consensus Commission may examine
and request the Inspector General of the District of Colum-
bia or the Authority to audit the records of any public char-
ter school to assure, monitor, and evaluate the performance
of the public charter school with respect to the content
standards and districtwide assessments described in section
2411(b). The Consensus Commission shall receive a copy of
each public charter school’s annual report.
SEC. 2856. INVESTIGATIVE POWERS.
The Consensus Commission may investigate any ac-
tion or activity which may hinder the progress of any part
of the long-term reform plan. The Board of Education shall
cooperate and assist the Consensus Commission in any in-
vestigation. Reports of the findings of any such investiga-
tion shall be provided to the Board of Education, the Super-
intendent, the Mayor, the District of Columbia Council, the
Authority, and the appropriate congressional committees.
SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COM-
MISSION.
(a) IN GENERAL.—The Consensus Commission may at
any time submit recommendations to the Board of Edu-
cation, the Mayor, the District of Columbia Council, the
Authority, the Board of Trustees of any public charter
school and the Congress with respect to actions the District
948
of Columbia Government or the Federal Government should
take to ensure implementation of the long-term reform plan.
(b) AUTHORITY ACTIONS.—Pursuant to the District of
Columbia Financial Responsibility and Management As-
sistance Act of 1995 or upon the recommendation of the
Consensus Commission, the Authority may take whatever
actions the Authority deems necessary to ensure the imple-
mentation of the long-term reform plan.
SEC. 2858. EXPIRATION DATE.
Except as otherwise provided in this subtitle, this sub-
title shall be effective during the period beginning on the
date of enactment of this Act and ending 7 years after such
date.
Subtitle M—Parent Attendance at
Parent-Teacher Conferences
SEC. 2901. POLICY.
Notwithstanding any other provision of law, the
Mayor is authorized to develop and implement a policy en-
couraging all residents of the District of Columbia with
children attending a District of Columbia public school to
attend and participate in at least one parent-teacher con-
ference every 90 days during the academic year.
(c) Such amounts as may be necessary for programs,
projects or activities provided for in the Department of the
Interior and Related Agencies Appropriations Act, 1996 at
949
a rate of operations and to the extent and in the manner
provided as follows, to be effective as if it had been enacted
into law as the regular appropriations Act:
AN ACT
Making appropriations for the Department of the Inte-
rior and related agencies for the fiscal year ending Septem-
ber 30, 1996, and for other purposes.
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improve-
ment, development, disposal, cadastral surveying, classifica-
tion, acquisition of easements and other interests in lands,
and performance of other functions, including maintenance
of facilities, as authorized by law, in the management of
lands and their resources under the jurisdiction of the Bu-
reau of Land Management, including the general adminis-
tration of the Bureau, and assessment of mineral potential
of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $567,753,000, to remain available until expended,
of which $2,000,000 shall be available for assessment of the
mineral potential of public lands in Alaska pursuant to sec-
tion 1010 of Public Law 96–487 (16 U.S.C. 3150), and of
which $4,000,000 shall be derived from the special receipt
account established by section 4 of the Land and Water
950
Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–6a(i)): Provided, That appropriations herein made
shall not be available for the destruction of healthy,
unadopted, wild horses and burros in the care of the Bureau
or its contractors; and in addition, $27,650,000 for Mining
Law Administration program operations, to remain avail-
able until expended, to be reduced by amounts collected by
the Bureau of Land Management and credited to this ap-
propriation from annual mining claim fees so as to result
in a final appropriation estimated at not more than
$567,753,000: Provided further, That in addition to funds
otherwise available, and to remain available until ex-
pended, not to exceed $5,000,000 from annual mining claim
fees shall be credited to this account for the costs of admin-
istering the mining claim fee program, and $2,000,000
from communication site rental fees established by the Bu-
reau.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire use and management,
fire preparedness, emergency presuppression, suppression
operations, emergency rehabilitation, and renovation or
construction of fire facilities in the Department of the Inte-
rior, $235,924,000, to remain available until expended, of
which not to exceed $5,025,000, shall be available for the
renovation or construction of fire facilities: Provided, That
notwithstanding any other provision of law, persons hired
951
pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this ap-
propriation: Provided further, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds were previously transferred for
such purposes: Provided further, That unobligated balances
of amounts previously appropriated to the Fire Protection
and Emergency Department of the Interior Firefighting
Fund may be transferred or merged with this appropria-
tion.
CENTRAL HAZARDOUS MATERIALS FUND
For expenses necessary for use by the Department of
the Interior and any of its component offices and bureaus
for the remedial action, including associated activities, of
hazardous waste substances, pollutants, or contaminants
pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (42 U.S.C.
9601 et seq.), $10,000,000, to remain available until ex-
pended: Provided, That, notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activities
conducted by the Department pursuant to sections 107 or
113(f) of the Comprehensive Environmental Response, Com-
pensation and Liability Act, as amended (42 U.S.C. 9607
or 9613(f)), shall be credited to this account and shall be
available without further appropriation and shall remain
952
available until expended: Provided further, That such sums
recovered from or paid by any party are not limited to
monetary payments and may include stocks, bonds or other
personal or real property, which may be retained, liq-
uidated, or otherwise disposed of by the Secretary of the
Interior and which shall be credited to this account.
CONSTRUCTION AND ACCESS
For acquisition of lands and interests therein, and
construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $3,115,000, to remain available
until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October
20, 1976, as amended (31 U.S.C. 6901–07), $101,500,000,
of which not to exceed $400,000 shall be available for ad-
ministrative expenses.
LAND ACQUISITION
For expenses necessary to carry out the provisions of
sections 205, 206, and 318(d) of Public Law 94–579 includ-
ing administrative expenses and acquisition of lands or wa-
ters, or interests therein, $12,800,000 to be derived from the
Land and Water Conservation Fund, to remain available
until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
953
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adja-
cent rights-of-way; and acquisition of lands or interests
therein including existing connecting roads on or adjacent
to such grant lands; $97,452,000, to remain available until
expended: Provided, That 25 per centum of the aggregate
of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is
hereby made a charge against the Oregon and California
land-grant fund and shall be transferred to the General
Fund in the Treasury in accordance with the provisions
of the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal range-
lands pursuant to section 401 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701), notwith-
standing any other Act, sums equal to 50 per centum of
all moneys received during the prior fiscal year under sec-
tions 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315
et seq.) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from
Bankhead-Jones lands transferred to the Department of the
954
Interior pursuant to law, but not less than $9,113,000, to
remain available until expended: Provided, That not to ex-
ceed $600,000 shall be available for administrative ex-
penses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to
processing application documents and other authorizations
for use and disposal of public lands and resources, for costs
of providing copies of official public land documents, for
monitoring construction, operation, and termination of fa-
cilities in conjunction with use authorizations, and for re-
habilitation of damaged property, such amounts as may be
collected under sections 209(b), 304(a), 304(b), 305(a), and
504(g) of the Act approved October 21, 1976 (43 U.S.C.
1701), and sections 101 and 203 of Public Law 93–153,
to be immediately available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)),
any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, com-
promise, or settlement, if not appropriate for refund pursu-
ant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall
be available and may be expended under the authority of
this or subsequent appropriations Acts by the Secretary to
improve, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which have
955
been damaged by the action of a resource developer, pur-
chaser, permittee, or any unauthorized person, without re-
gard to whether all moneys collected from each such forfeit-
ure, compromise, or settlement are used on the exact lands
damage to which led to the forfeiture, compromise, or settle-
ment: Provided further, That such moneys are in excess of
amounts needed to repair damage to the exact land for
which collected.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing law, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain avail-
able until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance
of necessary buildings and appurtenant facilities to which
the United States has title; up to $100,000 for payments,
at the discretion of the Secretary, for information or evi-
dence concerning violations of laws administered by the Bu-
reau of Land Management; miscellaneous and emergency
956
expenses of enforcement activities authorized or approved
by the Secretary and to be accounted for solely on his cer-
tificate, not to exceed $10,000: Provided, That notwith-
standing 44 U.S.C. 501, the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by
law, procure printing services from cooperators in connec-
tion with jointly-produced publications for which the co-
operators share the cost of printing either in cash or in serv-
ices, and the Bureau determines the cooperator is capable
of meeting accepted quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For expenses necessary for scientific and economic
studies, conservation, management, investigations, protec-
tion, and utilization of fishery and wildlife resources, except
whales, seals, and sea lions, and for the performance of other
authorized functions related to such resources; for the gen-
eral administration of the United States Fish and Wildlife
Service; and for maintenance of the herd of long-horned cat-
tle on the Wichita Mountains Wildlife Refuge; and 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 Conservation Corps as authorized by the Act of Au-
gust 13, 1970, as amended by Public Law 93–408,
$499,100,000, to remain available for obligation until Sep-
957
tember 30, 1997, of which $2,000,000 shall be available for
activities under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533), of which $11,557,000 shall be
available until expended for operation and maintenance of
fishery mitigation facilities constructed by the Corps of En-
gineers under the Lower Snake River Compensation Plan,
authorized by the Water Resources Development Act of 1976
(90 Stat. 2921), to compensate for loss of fishery resources
from water development projects on the Lower Snake River:
Provided, That unobligated and unexpended balances in the
Resource Management account at the end of fiscal year
1995, shall be merged with and made a part of the fiscal
year 1996 Resource Management appropriation, and shall
remain available for obligation until September 30, 1997:
Provided further, That no monies appropriated under this
Act or any other law shall be used by the Secretary of the
Interior to issue final determinations under subsections (a),
(b), (c), (e), (g) or (i) of section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533), until such time as legislation
reauthorizing the Act is enacted or until the end of fiscal
year 1996, whichever is earlier, except that monies appro-
priated under this Act may be used to delist or reclassify
species pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i),
and 4(c)(2)(B)(ii) of the Endangered Species Act, and may
958
be used to issue emergency listings under section 4(b)(7)
of the Endangered Species Act.
CONSTRUCTION
For construction and acquisition of buildings and
other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and
wildlife resources, and the acquisition of lands and interests
therein; $37,655,000, to remain available until expended.
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment activi-
ties by the Department of the Interior necessary to carry
out the provisions of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act, as amended (42
U.S.C. 9601, et seq.), Federal Water Pollution Control Act,
as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act
of 1990 (Public Law 101–380), and the Act of July 27, 1990
(Public Law 101–337); $4,000,000, to remain available
until expended: Provided, That sums provided by any party
in fiscal year 1996 and thereafter are not limited to mone-
tary payments and may include stocks, bonds or other per-
sonal or real property, which may be retained, liquidated
or otherwise disposed of by the Secretary and such sums
or properties shall be utilized for the restoration of injured
resources, and to conduct new damage assessment activities.
959
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 administrative
expenses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to the United States Fish and Wildlife Service, $36,900,000,
to be derived from the Land and Water Conservation Fund,
to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out the provisions of
the Endangered Species Act of 1973 (16 U.S.C. 1531–1543),
as amended by Public Law 100–478, $8,085,000 for grants
to States, to be derived from the Cooperative Endangered
Species Conservation Fund, and to remain available until
expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October
17, 1978 (16 U.S.C. 715s), $10,779,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions of
the African Elephant Conservation Act (16 U.S.C. 4201–
4203, 4211–4213, 4221–4225, 4241–4245, and 1538),
$600,000, to remain available until expended.
960
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of
the North American Wetlands Conservation Act, Public
Law 101–233, $6,750,000, to remain available until ex-
pended.
LAHONTAN VALLEY AND PYRAMID LAKE FISH AND
WILDLIFE FUND
For carrying out section 206(f) of Public Law 101–
618, such sums as have previously been credited or may
be credited hereafter to the Lahontan Valley and Pyramid
Lake Fish and Wildlife Fund, to be available until ex-
pended without further appropriation.
RHINOCEROS AND TIGER CONSERVATION FUND
For deposit to the Rhinoceros and Tiger Conservation
Fund, $200,000, to remain available until expended, to be
available to carry out the provisions of the Rhinoceros and
Tiger Conservation Act of 1994 (Public Law 103–391).
WILDLIFE CONSERVATION AND APPRECIATION FUND
For deposit to the Wildlife Conservation and Apprecia-
tion Fund, $800,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 113 passenger motor vehicles; not to
exceed $400,000 for payment, at the discretion of the Sec-
retary, for information, rewards, or evidence concerning
961
violations of laws administered by the United States Fish
and Wildlife Service, and miscellaneous and emergency ex-
penses of enforcement activities, authorized or approved by
the Secretary and to be accounted for solely on his certifi-
cate; repair of damage to public roads within and adjacent
to reservation areas caused by operations of the United
States Fish and Wildlife Service; options for the purchase
of land at not to exceed $1 for each option; facilities inci-
dent to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and
other facilities under the jurisdiction of the United States
Fish and Wildlife Service and to which the United States
has title, and which are utilized pursuant to law in connec-
tion with management and investigation of fish and wild-
life resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure
printing services from cooperators in connection with joint-
ly-produced publications for which the cooperators share at
least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of
meeting accepted quality standards: Provided further, That
the United States Fish and Wildlife Service may accept do-
nated aircraft as replacements for existing aircraft: Pro-
962
vided further, That notwithstanding any other provision of
law, the Secretary of the Interior may not spend any of
the funds appropriated in this Act for the purchase of lands
or interests in lands to be used in the establishment of any
new unit of the National Wildlife Refuge System unless the
purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report
103–551: Provided further, That none of the funds made
available in this Act may be used by the U. S. Fish and
Wildlife Service to impede or delay the issuance of a wet-
lands permit by the U. S. Army Corps of Engineers to the
City of Lake Jackson, Texas, for the development of a public
golf course west of Buffalo Camp Bayou between the Brazos
River and Highway 332: Provided further, That the Direc-
tor of the Fish and Wildlife Service may charge reasonable
fees for expenses to the Federal Government for providing
training by the National Education and Training Center:
Provided further, That all training fees collected shall be
available to the Director, until expended, without further
appropriation, to be used for the costs of training and edu-
cation provided by the National Education and Training
Center: Provided further, That with respect to lands leased
for farming pursuant to Public Law 88–567, if for any rea-
son the Secretary disapproves for use in 1996 or does not
963
finally approve for use in 1996 any pesticide or chemical
which was approved for use in 1995 or had been requested
for use in 1996 by the submission of a pesticide use proposal
as of September 19, 1995, none of the funds in this Act
may be used to develop, implement, or enforce regulations
or policies (including pesticide use proposals) related to the
use of chemicals and pest management that are more re-
strictive than the requirements of applicable State and Fed-
eral laws related to the use of chemicals and pest manage-
ment practices on non-Federal lands.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation,
and maintenance of areas and facilities administered by
the National Park Service (including special road mainte-
nance service to trucking permittees on a reimbursable
basis), and for the general administration of the National
Park Service, including not to exceed $1,593,000 for the
Volunteers-in-Parks program, and 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 Conservation
Corps as authorized by the Act of August 13, 1970, as
amended by Public Law 93–408, $1,084,755,000, without
regard to the Act of August 24, 1912, as amended (16
U.S.C. 451), of which not to exceed $72,000,000, to remain
964
available until expended is to be derived from the special
fee account established pursuant to title V, section 5201, of
Public Law 100–203.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, environ-
mental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $37,649,000:
Provided, That $236,000 of the funds provided herein are
for the William O. Douglas Outdoor Education Center, sub-
ject to authorization.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the provisions
of the Historic Preservation Act of 1966 (80 Stat. 915), as
amended (16 U.S.C. 470), $36,212,000, to be derived from
the Historic Preservation Fund, established by section 108
of that Act, as amended, to remain available for obligation
until September 30, 1997.
CONSTRUCTION
For construction, improvements, repair or replacement
of physical facilities, $143,225,000, to remain available
until expended: Provided, That not to exceed $4,500,000 of
the funds provided herein shall be paid to the Army Corps
of Engineers for modifications authorized by section 104 of
the Everglades National Park Protection and Expansion
965
Act of 1989: Provided further, That funds provided under
this head, derived from the Historic Preservation Fund, es-
tablished by the Historic Preservation Act of 1966 (80 Stat.
915), as amended (16 U.S.C. 470), may be available until
expended to render sites safe for visitors and for building
stabilization.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 1996
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
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 administrative
expenses, and for acquisition of lands or waters, or interest
therein, in accordance with statutory authority applicable
to the National Park Service, $49,100,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended, and of which $1,500,000 is to ad-
minister the State assistance program: Provided, That any
funds made available for the purpose of acquisition of the
Elwha and Glines dams shall be used solely for acquisition,
and shall not be expended until the full purchase amount
has been appropriated by the Congress.
966
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 518 passenger
motor vehicles, of which 323 shall be for replacement only,
including not to exceed 411 for police-type use, 12 buses,
and 5 ambulances: Provided, That none of the funds appro-
priated to the National Park Service may be used to process
any grant or contract documents which do not include the
text of 18 U.S.C. 1913: Provided further, That none of the
funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of
the southern end of Ellis Island until such agreement has
been submitted to the Congress and shall not be imple-
mented prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is
not in session because of adjournment of more than three
calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the de-
velopment of the southern end of Ellis Island, including the
facts and circumstances relied upon in support of the pro-
posed project.
None of the funds in this Act may be spent by the Na-
tional Park Service for activities taken in direct response
to the United Nations Biodiversity Convention.
967
The National Park Service may enter into cooperative
agreements that involve the transfer of National Park Serv-
ice appropriated funds to State, local and tribal govern-
ments, other public entities, educational institutions, and
private nonprofit organizations for the public purpose of
carrying out National Park Service programs.
The National Park Service shall, within existing
funds, conduct a Feasibility Study for a northern access
route into Denali National Park and Preserve in Alaska,
to be completed within one year of the enactment of this
Act and submitted to the House and Senate Committees on
Appropriations and to the Senate Committee on Energy
and Natural Resources and the House Committee on Re-
sources. The Feasibility Study shall ensure that resource
impacts from any plan to create such access route are evalu-
ated with accurate information and according to a process
that takes into consideration park values, visitor needs, a
full range of alternatives, the viewpoints of all interested
parties, including the tourism industry and the State of
Alaska, and potential needs for compliance with the Na-
tional Environmental Policy Act. The Study shall also ad-
dress the time required for development of alternatives and
identify all associated costs.
This Feasibility Study shall be conducted solely by the
National Park Service planning personnel permanently as-
968
signed to National Park Service offices located in the State
of Alaska in consultation with the State of Alaska Depart-
ment of Transportation.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research cov-
ering topography, geology, hydrology, and the mineral and
water resources of the United States, its Territories and pos-
sessions, and other areas as authorized by law (43 U.S.C.
31, 1332 and 1340); classify lands as to their mineral and
water resources; give engineering supervision to power per-
mittees and Federal Energy Regulatory Commission licens-
ees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to
the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials proc-
essing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
98g(1)) and related purposes as authorized by law and to
publish and disseminate data; $730,330,000, of which
$62,130,000 shall be available for cooperation with States
or municipalities for water resources investigations, and of
which $137,000,000 for resource research and the operations
of Cooperative Research Units shall remain available until
September 30, 1997, and of which $16,000,000 shall remain
969
available until expended for conducting inquiries into the
economic conditions affecting mining and materials proc-
essing industries: Provided, That no part of this appropria-
tion shall be used to pay more than one-half the cost of
any topographic mapping or water resources investigations
carried on in cooperation with any State or municipality:
Provided further, That funds available herein for resource
research may be used for the purchase of not to exceed 61
passenger motor vehicles, of which 55 are for replacement
only: Provided further, That none of the funds available
under this head for resource research shall be used to con-
duct new surveys on private property, including new aerial
surveys for the designation of habitat under the Endangered
Species Act, except when it is made known to the Federal
official having authority to obligate or expend such funds
that the survey or research has been requested and author-
ized in writing by the property owner or the owner’s au-
thorized representative: Provided further, That none of the
funds provided herein for resource research may be used to
administer a volunteer program when it is made known
to the Federal official having authority to obligate or ex-
pend such funds that the volunteers are not properly trained
or that information gathered by the volunteers is not care-
fully verified: Provided further, That no later than April
1, 1996, the Director of the United States Geological Survey
970
shall issue agency guidelines for resource research that en-
sure that scientific and technical peer review is utilized as
fully as possible in selection of projects for funding and en-
sure the validity and reliability of research and data collec-
tion on Federal lands: Provided further, That no funds
available for resource research may be used for any activity
that was not authorized prior to the establishment of the
National Biological Survey: Provided further, That once
every five years the National Academy of Sciences shall re-
view and report on the resource research activities of the
Survey: Provided further, That if specific authorizing legis-
lation is enacted during or before the start of fiscal year
1996, the resource research component of the Survey should
comply with the provisions of that legislation: Provided fur-
ther, That unobligated and unexpended balances in the Na-
tional Biological Survey, Research, inventories and surveys
account at the end of fiscal year 1995, shall be merged with
and made a part of the United States Geological Survey,
Surveys, investigations, and research account and shall re-
main available for obligation until September 30, 1996:
Provided further, That the authority granted to the United
States Bureau of Mines to conduct mineral surveys and to
determine mineral values by section 603 of Public Law 94–
579 is hereby transferred to, and vested in, the Director of
the United States Geological Survey.
971
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for purchase of not to ex-
ceed 22 passenger motor vehicles, for replacement only; re-
imbursement to the General Services Administration for se-
curity guard services; contracting for the furnishing of topo-
graphic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and ob-
servation wells; expenses of the United States National
Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the United States Geologi-
cal Survey appointed, as authorized by law, to represent
the United States in the negotiation and administration
of interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as
defined in 31 U.S.C. 6302, et seq.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
972
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only; $182,771,000, of which not less than
$70,105,000 shall be available for royalty management ac-
tivities; and an amount not to exceed $15,400,000 for the
Technical Information Management System and Related
Activities of the Outer Continental Shelf (OCS) Lands Ac-
tivity, to be credited to this appropriation and to remain
available until expended, from additions to receipts result-
ing from increases to rates in effect on August 5, 1993, from
rate increases to fee collections for OCS administrative ac-
tivities performed by the Minerals Management Service over
and above the rates in effect on September 30, 1993, and
from additional fees for OCS administrative activities es-
tablished after September 30, 1993: Provided, That begin-
ning in fiscal year 1996 and thereafter, fees for royalty rate
relief applications shall be established (and revised as need-
ed) in Notices to Lessees, and shall be credited to this ac-
count in the program areas performing the function, and
remain available until expended for the costs of administer-
ing the royalty rate relief authorized by 43 U.S.C.
1337(a)(3): Provided further, That $1,500,000 for computer
acquisitions shall remain available until September 30,
973
1997: Provided further, That funds appropriated under this
Act shall be available for the payment of interest in accord-
ance with 30 U.S.C. 1721 (b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding
any other provision of law, $15,000 under this head shall
be available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service concurred with the claimed refund
due, to pay amounts owed to Indian allottees or Tribes, or
to correct prior unrecoverable erroneous payments: Provided
further, That beginning in fiscal year 1996 and thereafter,
the Secretary shall take appropriate action to collect unpaid
and underpaid royalties and late payment interest owed
by Federal and Indian mineral lessees and other royalty
payors on amounts received in settlement or other resolu-
tion of disputes under, and for partial or complete termi-
nation of, sales agreements for minerals from Federal and
Indian leases.
OIL SPILL RESEARCH
For necessary expenses to carry out the purposes of
title I, section 1016, title IV, sections 4202 and 4303, title
VII, and title VIII, section 8201 of the Oil Pollution Act
of 1990, $6,440,000, which shall be derived from the Oil
974
Spill Liability Trust Fund, to remain available until ex-
pended.
BUREAU OF MINES
MINES AND MINERALS
For expenses necessary for, and incidental to, the clo-
sure of the United States Bureau of Mines, $64,000,000,
to remain available until expended, of which not to exceed
$5,000,000 may be used for the completion and/or transfer
of certain ongoing projects within the United States Bureau
of Mines, such projects to be identified by the Secretary of
the Interior within 90 days of enactment of this Act: Pro-
vided, That there hereby are transferred to, and vested in,
the Secretary of Energy: (1) the functions pertaining to the
promotion of health and safety in mines and the mineral
industry through research vested by law in the Secretary
of the Interior or the United States Bureau of Mines and
performed in fiscal year 1995 by the United States Bureau
of Mines at its Pittsburgh Research Center in Pennsylvania,
and at its Spokane Research Center in Washington; (2) the
functions pertaining to the conduct of inquiries, techno-
logical investigations and research concerning the extrac-
tion, processing, use and disposal of mineral substances
vested by law in the Secretary of the Interior or the United
States Bureau of Mines and performed in fiscal year 1995
by the United States Bureau of Mines under the minerals
975
and materials science programs at its Pittsburgh Research
Center in Pennsylvania, and at its Albany Research Center
in Oregon; and (3) the functions pertaining to mineral rec-
lamation industries and the development of methods for the
disposal, control, prevention, and reclamation of mineral
waste products vested by law in the Secretary of the Interior
or the United States Bureau of Mines and performed in
fiscal year 1995 by the United States Bureau of Mines at
its Pittsburgh Research Center in Pennsylvania: Provided
further, That, if any of the same functions were performed
in fiscal year 1995 at locations other than those listed
above, such functions shall not be transferred to the Sec-
retary of Energy from those other locations: Provided fur-
ther, That the Director of the Office of Management and
Budget, in consultation with the Secretary of Energy and
the Secretary of the Interior, is authorized to make such
determinations as may be necessary with regard to the
transfer of functions which relate to or are used by the De-
partment of the Interior, or component thereof affected by
this transfer of functions, and to make such dispositions
of personnel, facilities, assets, liabilities, contracts, prop-
erty, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, aris-
ing from, available to or to be made available in connection
with, the functions transferred herein as are deemed nec-
976
essary to accomplish the purposes of this transfer: Provided
further, That all reductions in personnel complements re-
sulting from the provisions of this Act shall, as to the func-
tions transferred to the Secretary of Energy, be done by the
Secretary of the Interior as though these transfers had not
taken place but had been required of the Department of the
Interior by all other provisions of this Act before the trans-
fers of function became effective: Provided further, That the
transfers of function to the Secretary of Energy shall become
effective on the date specified by the Director of the Office
of Management and Budget, but in no event later than 90
days after enactment into law of this Act: Provided further,
That the reference to ‘‘function’’ includes, but is not limited
to, any duty, obligation, power, authority, responsibility,
right, privilege, and activity, or the plural thereof, as the
case may be.
ADMINISTRATIVE PROVISIONS
The Secretary is authorized to accept lands, buildings,
equipment, other contributions, and fees from public and
private sources, and to prosecute projects using such con-
tributions and fees in cooperation with other Federal, State
or private agencies: Provided, That the Bureau of Mines
is authorized, during the current fiscal year, to sell directly
or through any Government agency, including corporations,
any metal or mineral products that may be manufactured
in pilot plants operated by the Bureau of Mines, and the
977
proceeds of such sales shall be covered into the Treasury as
miscellaneous receipts: Provided further, That notwith-
standing any other provision of law, the Secretary is au-
thorized to convey, without reimbursement, title and all in-
terest of the United States in property and facilities of the
United States Bureau of Mines in Juneau, Alaska, to the
City and Borough of Juneau, Alaska; in Tuscaloosa, Ala-
bama, to the University of Alabama; in Rolla, Missouri,
to the University of Missouri-Rolla; and in other localities
to such university or government entities as the Secretary
deems appropriate.
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of
the Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase of
not to exceed 15 passenger motor vehicles for replacement
only; $95,470,000, and notwithstanding 31 U.S.C. 3302, an
additional amount shall be credited to this account, to re-
main available until expended, from performance bond for-
feitures in fiscal year 1996: Provided, That notwithstand-
ing any other provision of law, the Secretary of the Interior,
pursuant to regulations, may utilize directly or through
grants to States, moneys collected in fiscal year 1996 pursu-
978
ant to the assessment of civil penalties under section 518
of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1268), to reclaim lands adversely affected by coal
mining practices after August 3, 1977, to remain available
until expended: Provided further, That notwithstanding
any other provision of law, appropriations for the Office
of Surface Mining Reclamation and Enforcement may pro-
vide for the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of
title IV of the Surface Mining Control and Reclamation Act
of 1977, Public Law 95–87, as amended, including the pur-
chase of not more than 22 passenger motor vehicles for re-
placement only, $173,887,000, to be derived from receipts
of the Abandoned Mine Reclamation Fund and to remain
available until expended: Provided, That grants to mini-
mum program States will be $1,500,000 per State in fiscal
year 1996: Provided further, That of the funds herein pro-
vided up to $18,000,000 may be used for the emergency pro-
gram authorized by section 410 of Public Law 95–87, as
amended, of which no more than 25 per centum shall be
used for emergency reclamation projects in any one State
and funds for Federally-administered emergency reclama-
tion projects under this proviso shall not exceed
979
$11,000,000: Provided further, That prior year unobligated
funds appropriated for the emergency reclamation program
shall not be subject to the 25 per centum limitation per
State and may be used without fiscal year limitation for
emergency projects: Provided further, That pursuant to
Public Law 97–365, the Department of the Interior is au-
thorized to utilize up to 20 per centum from the recovery
of the delinquent debt owed to the United States Govern-
ment to pay for contracts to collect these debts: Provided
further, That funds made available to States under title IV
of Public Law 95–87 may be used, at their discretion, for
any required non-Federal share of the cost of projects funded
by the Federal Government for the purpose of environ-
mental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and
priorities of the Surface Mining Control and Reclamation
Act.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For operation of Indian programs by direct expendi-
ture, contracts, cooperative agreements, compacts, and
grants including expenses necessary to provide education
and welfare services for Indians, either directly or in co-
operation with States and other organizations, including
980
payment of care, tuition, assistance, and other expenses of
Indians in boarding homes, or institutions, or schools;
grants and other assistance to needy Indians; maintenance
of law and order; management, development, improvement,
and protection of resources and appurtenant facilities
under the jurisdiction of the Bureau of Indian Affairs, in-
cluding payment of irrigation assessments and charges; ac-
quisition of water rights; advances for Indian industrial
and business enterprises; operation of Indian arts and
crafts shops and museums; development of Indian arts and
crafts, as authorized by law; for the general administration
of the Bureau of Indian Affairs, including such expenses
in field offices; maintaining of Indian reservation roads as
defined in section 101 of title 23, United States Code; and
construction, repair, and improvement of Indian housing,
$1,384,434,000, of which not to exceed $100,255,000 shall
be for welfare assistance grants and not to exceed
$104,626,000 shall be for payments to tribes and tribal or-
ganizations for contract support costs associated with ongo-
ing contracts or grants or compacts entered into with the
Bureau of Indian Affairs prior to fiscal year 1996, as au-
thorized by the Indian Self-Determination Act of 1975, as
amended, and up to $5,000,000 shall be for the Indian Self-
Determination Fund, which shall be available for the tran-
sitional cost of initial or expanded tribal contracts, grants,
981
compacts, or cooperative agreements with the Bureau of In-
dian Affairs under the provisions of the Indian Self-Deter-
mination Act; and of which not to exceed $330,711,000 for
school operations costs of Bureau-funded schools and other
education programs shall become available for obligation on
July 1, 1996, and shall remain available for obligation
until September 30, 1997; and of which not to exceed
$68,209,000 for higher education scholarships, adult voca-
tional training, and assistance to public schools under the
Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C.
452 et seq.), shall remain available for obligation until Sep-
tember 30, 1997; and of which not to exceed $71,854,000
shall remain available until expended for housing improve-
ment, road maintenance, attorney fees, litigation support,
self-governance grants, the Indian Self-Determination
Fund, and the Navajo-Hopi Settlement Program: Provided,
That tribes and tribal contractors may use their tribal pri-
ority allocations for unmet indirect costs of ongoing con-
tracts, grants or compact agreements: Provided further,
That funds made available to tribes and tribal organiza-
tions through contracts or grants obligated during fiscal
year 1996, as authorized by the Indian Self-Determination
Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants
authorized by the Indian Education Amendments of 1988
(25 U.S.C. 2001 and 2008A) shall remain available until
982
expended by the contractor or grantee: Provided further,
That to provide funding uniformity within a Self-Govern-
ance Compact, any funds provided in this Act with avail-
ability for more than one year may be reprogrammed to
one year availability but shall remain available within the
Compact until expended: Provided further, That notwith-
standing any other provision of law, Indian tribal govern-
ments may, by appropriate changes in eligibility criteria
or by other means, change eligibility for general assistance
or change the amount of general assistance payments for
individuals within the service area of such tribe who are
otherwise deemed eligible for general assistance payments
so long as such changes are applied in a consistent manner
to individuals similarly situated: Provided further, That
any savings realized by such changes shall be available for
use in meeting other priorities of the tribes: Provided fur-
ther, That any net increase in costs to the Federal Govern-
ment which result solely from tribally increased payment
levels for general assistance shall be met exclusively from
funds available to the tribe from within its tribal priority
allocation: Provided further, That any forestry funds allo-
cated to a tribe which remain unobligated as of September
30, 1996, may be transferred during fiscal year 1997 to
an Indian forest land assistance account established for the
benefit of such tribe within the tribe’s trust fund account:
983
Provided further, That any such unobligated balances not
so transferred shall expire on September 30, 1997: Provided
further, That notwithstanding any other provision of law,
no funds available to the Bureau of Indian Affairs, other
than the amounts provided herein for assistance to public
schools under the Act of April 16, 1934 (48 Stat. 596), as
amended (25 U.S.C. 452 et seq.), shall be available to sup-
port the operation of any elementary or secondary school
in the State of Alaska in fiscal year 1996: Provided further,
That funds made available in this or any other Act for ex-
penditure through September 30, 1997 for schools funded
by the Bureau of Indian Affairs shall be available only to
the schools which are in the Bureau of Indian Affairs school
system as of September 1, 1995: Provided further, That no
funds available to the Bureau of Indian Affairs shall be
used to support expanded grades for any school beyond the
grade structure in place at each school in the Bureau of
Indian Affairs school system as of October 1, 1995: Provided
further, That notwithstanding the provisions of 25 U.S.C.
2011(h)(1)(B) and (c), upon the recommendation of a local
school board for a Bureau of Indian Affairs operated school,
the Secretary shall establish rates of basic compensation or
annual salary rates for the positions of teachers and coun-
selors (including dormitory and homeliving counselors) at
the school at a level not less than that for comparable posi-
984
tions in public school districts in the same geographic area,
to become effective on July 1, 1997: Provided further, That
of the funds available only through September 30, 1995, not
to exceed $8,000,000 in unobligated and unexpended bal-
ances in the Operation of Indian Programs account shall
be merged with and made a part of the fiscal year 1996
Operation of Indian Programs appropriation, and shall re-
main available for obligation for employee severance, relo-
cation, and related expenses, until September 30, 1996.
CONSTRUCTION
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands and interests in lands; and
preparation of lands for farming, $100,833,000, to remain
available until expended: Provided, That such amounts as
may be available for the construction of the Navajo Indian
Irrigation Project and for other water resource development
activities related to the Southern Arizona Water Rights Set-
tlement Act may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 per centum of
contract authority available to the Bureau of Indian Affairs
from the Federal Highway Trust Fund may be used to cover
the road program management costs of the Bureau of In-
dian Affairs: Provided further, That any funds provided for
the Safety of Dams program pursuant to 25 U.S.C. 13 shall
985
be made available on a non-reimbursable basis: Provided
further, That for the fiscal year ending September 30, 1996,
in implementing new construction or facilities improve-
ment and repair project grants in excess of $100,000 that
are provided to tribally controlled grant schools under Pub-
lic Law 100–297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and
Cost Principles for Assistance Programs contained in 43
CFR part 12 as the regulatory requirements: Provided fur-
ther, That such grants shall not be subject to section 12.61
of 43 CFR; the Secretary and the grantee shall negotiate
and determine a schedule of payments for the work to be
performed: Provided further, That in considering applica-
tions, the Secretary shall consider whether the Indian tribe
or tribal organization would be deficient in assuring that
the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health
and safety standards as required by 25 U.S.C. 2005(a),
with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines
an application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That any
disputes between the Secretary and any grantee concerning
a grant shall be subject to the disputes provision in 25
U.S.C. 2508(e).
986
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and indi-
viduals 
and 
for 
necessary 
administrative 
expenses,
$80,645,000, to remain available until expended; of which
$78,600,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 87–483, 97–293, 101–618, 102–374, 102–
441, 102–575, and 103–116, and for implementation of
other enacted water rights settlements, including not to ex-
ceed $8,000,000, which shall be for the Federal share of the
Catawba Indian Tribe of South Carolina Claims Settle-
ment, as authorized by section 5(a) of Public Law 103–
116; and of which $1,045,000 shall be available pursuant
to Public Laws 98–500, 99–264, and 100–580; and of which
$1,000,000 shall be available (1) to liquidate obligations
owed tribal and individual Indian payees of any checks
canceled pursuant to section 1003 of the Competitive Equal-
ity Banking Act of 1987 (Public Law 100–86 (101 Stat.
659)), 31 U.S.C. 3334(b), (2) to restore to Individual In-
dian Monies trust funds, Indian Irrigation Systems, and
Indian Power Systems accounts amounts invested in credit
unions or defaulted savings and loan associations and
which were not Federally insured, and (3) to reimburse In-
dian trust fund account holders for losses to their respective
987
accounts where the claim for said loss(es) has been reduced
to a judgment or settlement agreement approved by the De-
partment of Justice.
TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance
requests associated with loans and grants approved under
the Indian Financing Act of 1974, as amended, $500,000.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans $4,500,000, as author-
ized by the Indian Financing Act of 1974, as amended: Pro-
vided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$35,914,000.
In addition, for administrative expenses necessary to
carry out the guaranteed loan program, $500,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs shall
be available for expenses of exhibits, and purchase of not
to exceed 275 passenger carrying motor vehicles, of which
not to exceed 215 shall be for replacement only.
988
TERRITORIAL AND INTERNATIONAL AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$65,188,000, of which (1) $61,661,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants
to the Government of American Samoa, in addition to cur-
rent local revenues, for construction and support of govern-
mental functions; grants to the Government of the Virgin
Islands as authorized by law; grants to the Government of
Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law
(Public Law 94–241; 90 Stat. 272); and (2) $3,527,000
shall be available for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions
of the territorial and local governments herein provided for,
including such transactions of all agencies or instrumental-
ities established or utilized by such governments, may be
audited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands
989
Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on
Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99–396, or any
subsequent legislation related to Commonwealth of the
Northern Mariana Islands Covenant grant funding: Pro-
vided further, That of the amounts provided for technical
assistance, sufficient funding shall be made available for a
grant to the Close Up Foundation: Provided further, That
the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, the Republic of
Palau, the Republic of the Marshall Islands, and the Fed-
erated States of Micronesia through assessments of long-
range operations and maintenance needs, improved capa-
bility of local operations and maintenance institutions and
agencies (including management and vocational education
training), and project-specific maintenance (with terri-
torial participation and cost sharing to be determined by
the Secretary based on the individual territory’s commit-
ment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance
under this head in this Act or previous appropriations Acts
990
may be used as non-Federal matching funds for the purpose
of hazard mitigation grants provided pursuant to section
404 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the Mar-
shall Islands as provided for in sections 122, 221, 223, 232,
and 233 of the Compacts of Free Association, and for eco-
nomic assistance and necessary expenses for the Republic
of Palau as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, $24,938,000,
to remain available until expended, as authorized by Public
Law 99–239 and Public Law 99–658: Provided, That not-
withstanding section 112 of Public Law 101–219 (103 Stat.
1873), the Secretary of the Interior may agree to technical
changes in the specifications for the project described in the
subsidiary agreement negotiated under section 212(a) of the
Compact of Free Association, Public Law 99–658, or its
annex, if the changes do not result in increased costs to the
United States.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the Depart-
ment of the Interior, $57,340,000, of which not to exceed
991
$7,500 may be for official reception and representation ex-
penses.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$34,516,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector Gen-
eral, $23,939,000.
CONSTRUCTION MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Construction
Management, $500,000.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gaming
Commission, pursuant to Public Law 100–497, $1,000,000:
Provided, That on March 1, 1996, the Chairman shall sub-
mit to the Secretary a report detailing those Indian tribes
or tribal organizations with gaming operations that are in
full compliance, partial compliance, or non-compliance
with the provisions of the Indian Gaming Regulatory Act
(25 U.S.C. 2701, et seq.): Provided further, That the infor-
992
mation contained in the report shall be updated on a con-
tinuing basis.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $16,338,000, of which $15,891,000 shall remain
available until expended for trust funds management: Pro-
vided, That funds made available to tribes and tribal orga-
nizations through contracts or grants obligated during fis-
cal year 1996, as authorized by the Indian Self-Determina-
tion Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.),
shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other
provision of law, the statute of limitations shall not com-
mence to run on any claim, including any claim in litiga-
tion pending on the date of this Act, concerning losses to
or mismanagement of trust funds, until the affected tribe
or individual Indian has been furnished with the account-
ing of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That obli-
gated and unobligated balances provided for trust funds
management within ‘‘Operation of Indian programs’’, Bu-
reau of Indian Affairs are hereby transferred to and merged
with this appropriation.
993
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision 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: Provided
further, That no programs funded with appropriated funds
in ‘‘Departmental Management’’, ‘‘Office of the Solicitor’’,
and ‘‘Office of Inspector General’’ may be augmented
through the Working Capital Fund or the Consolidated
Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoidable
causes: Provided, That no funds shall be made available
under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have
994
been exhausted: Provided further, That all funds used pur-
suant 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 Defi-
cit Control Act of 1985 and must be replenished by a sup-
plemental 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 programs
of the several agencies, for the suppression or emergency
prevention of forest or range fires on or threatening lands
under the jurisdiction of the Department of the Interior;
for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential
or actual earthquakes, floods, volcanoes, storms, or other un-
avoidable causes; for contingency planning subsequent to
actual oilspills; response and natural resource damage as-
sessment activities related to actual oilspills; for the preven-
tion, suppression, and control of actual or potential grass-
hopper and Mormon cricket outbreaks on 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
995
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit as-
sumption of regulatory authority in the event a primacy
State is not carrying out the regulatory 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 preced-
ing fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equip-
ment in connection with their use for fire suppression pur-
poses, such reimbursement to be credited to appropriations
currently available at the time of receipt thereof: Provided
further, That for emergency rehabilitation and wildfire sup-
pression activities, no funds shall be made available under
this authority until funds appropriated to the ‘‘Emergency
Department of the Interior Firefighting Fund’’ shall have
been exhausted: Provided further, That all funds used pur-
suant 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 Defi-
cit Control Act of 1985 and must be replenished by a sup-
plemental appropriation which must be requested as
promptly as possible: Provided further, That such replenish-
ment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
996
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 sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equip-
ment, and for services rendered may be credited to the ap-
propriation 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 Sec-
retary, in total amount not to exceed $500,000; hire, main-
tenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service
in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of
dues, when authorized by the Secretary, for library member-
ship in societies or associations which issue publications to
members only or at a price to members lower than to sub-
scribers who are not members.
SEC. 105. Appropriations available to the Department
of the Interior for salaries and expenses shall be available
997
for uniforms or allowances therefor, as authorized 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
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
SEC. 107. Appropriations made in this title from the
Land and Water Conservation Fund for acquisition of
lands and waters, or interests therein, shall be available for
transfer, with the approval of the Secretary, between the
following accounts: Bureau of Land Management, Land ac-
quisition, United States Fish and Wildlife Service, Land
acquisition, and National Park Service, Land acquisition
and State assistance. Use of such funds are subject to the
reprogramming guidelines of the House and Senate Com-
mittees on Appropriations.
SEC. 108. Prior to the transfer of Presidio properties
to the Presidio Trust, when authorized, the Secretary may
not obligate in any calendar month more than 1⁄12 of the
fiscal year 1996 appropriation for operation of the Pre-
sidio: Provided, That this section shall expire on December
31, 1995.
SEC. 109. Section 6003 of Public Law 101–380 is here-
by repealed.
998
SEC. 110. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended
by the Secretary of the Interior for developing, promulgat-
ing, and thereafter implementing a rule concerning rights-
of-way under section 2477 of the Revised Statutes.
SEC. 111. 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. 112. 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
or other exploration activity, on lands within the North
Aleutian Basin planning area.
SEC. 113. 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 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992–1997.
999
SEC. 114. 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 Outer Continental
Shelf Natural Gas and Oil Resource Management Com-
prehensive Program, 1992–1997.
SEC. 115. (a) Of the funds appropriated by this Act
or any subsequent Act providing for appropriations in fis-
cal years 1996 and 1997, not more than 50 percent of any
self-governance funds that would otherwise be allocated to
each Indian tribe in the State of Washington shall actually
be paid to or on account of such Indian tribe from and
after the time at which such tribe shall—
(1) take unilateral action that adversely impacts
the existing rights to and/or customary uses of,
nontribal member owners of fee simple land within
the exterior boundary of the tribe’s reservation to
water, electricity, or any other similar utility or ne-
cessity for the nontribal members’ residential use of
such land; or
(2) restrict or threaten to restrict said owners
use of or access to publicly maintained rights-of-way
necessary or desirable in carrying the utilities or ne-
cessities described above.
1000
(b) Such penalty shall not attach to the initiation of
any legal actions with respect to such rights or the enforce-
ment of any final judgments, appeals from which have been
exhausted, with respect thereto.
SEC. 116. Within 30 days after the enactment of this
Act, the Department of the Interior shall issue a specific
schedule for the completion of the Lake Cushman Land Ex-
change Act (Public Law 102–436) and shall complete the
exchange not later than September 30, 1996.
SEC. 117. Notwithstanding Public Law 90–544, as
amended, the National Park Service is authorized to expend
appropriated funds for maintenance and repair of the Com-
pany Creek Road in the Lake Chelan National Recreation
Area: Provided, That appropriated funds shall not be ex-
pended for the purpose of improving the property of private
individuals unless specifically authorized by law.
SEC. 118. Section 4(b) of Public Law 94–241 (90 Stat.
263) as added by section 10 of Public Law 99–396 is
amended by deleting ‘‘until Congress otherwise provides by
law.’’ and inserting in lieu thereof: ‘‘except that, for fiscal
years 1996 through 2002, payments to the Commonwealth
of the Northern Mariana Islands pursuant to the multi-year
funding agreements contemplated under the Covenant shall
be $11,000,000 annually, subject to an equal local match
and all other requirements set forth in the Agreement of
1001
the Special Representatives on Future Federal Financial
Assistance of the Northern Mariana Islands, executed on
December 17, 1992 between the special representative of the
President of the United States and special representatives
of the Governor of the Northern Mariana Islands with any
additional amounts otherwise made available under this
section in any fiscal year and not required to meet the
schedule of payments in this subsection to be provided as
set forth in subsection (c) until Congress otherwise provides
by law.
‘‘(c) The additional amounts referred to in subsection
(b) shall be made available to the Secretary for obligation
as follows:
‘‘(1) for fiscal years 1996 through 2001,
$4,580,000 
annually 
for 
capital 
infrastructure
projects as Impact Aid for Guam under section
104(c)(6) of Public Law 99–239;
‘‘(2) for fiscal year 1996, $7,700,000 shall be
provided for capital infrastructure projects in Amer-
ican Samoa; $4,420,000 for resettlement of Rongelap
Atoll; and
‘‘(3) for fiscal years 1997 and thereafter, all such
amounts shall be available solely for capital infra-
structure projects in Guam, the Virgin Islands, Amer-
ican Samoa, the Commonwealth of the Northern Mar-
1002
iana Islands, the Republic of Palau, the Federated
States of Micronesia and the Republic of the Marshall
Islands: Provided, That, in fiscal year 1997,
$3,000,000 of such amounts shall be made available
to the College of the Northern Marianas and begin-
ning in fiscal year 1997, and in each year thereafter,
not to exceed $3,000,000 may be allocated, as pro-
vided in appropriations Acts, to the Secretary of the
Interior for use by Federal agencies or the Common-
wealth of the Northern Mariana Islands to address
immigration, labor, and law enforcement issues in the
Northern Mariana Islands. The specific projects to be
funded in American Samoa shall be set forth in a
five-year plan for infrastructure assistance developed
by the Secretary of the Interior in consultation with
the American Samoa Government and updated annu-
ally and submitted to the Congress concurrent with
the budget justifications for the Department of the In-
terior. In developing budget recommendations for cap-
ital infrastructure funding, the Secretary shall indi-
cate the highest priority projects, consider the extent
to which particular projects are part of an overall
master plan, whether such project has been reviewed
by the Corps of Engineers and any recommendations
made as a result of such review, the extent to which
1003
a set-aside for maintenance would enhance the life of
the project, the degree to which a local cost-share re-
quirement would be consistent with local economic
and fiscal capabilities, and may propose an incre-
mental set-aside, not to exceed $2,000,000 per year, to
remain available without fiscal year limitation, as an
emergency fund in the event of natural or other disas-
ters to supplement other assistance in the repair, re-
placement, or hardening of essential facilities: Pro-
vided further, That the cumulative amount set aside
for such emergency fund may not exceed $10,000,000
at any time.
‘‘(d) Within the amounts allocated for infrastructure
pursuant to this section, and subject to the specific alloca-
tions made in subsection (c), additional contributions may
be made, as set forth in appropriations Acts, to assist in
the resettlement of Rongelap Atoll: Provided, That the total
of all contributions from any Federal source after enact-
ment of this Act may not exceed $32,000,000 and shall be
contingent upon an agreement, satisfactory to the Presi-
dent, that such contributions are a full and final settlement
of all obligations of the United States to assist in the reset-
tlement of Rongelop Atoll and that such funds will be ex-
pended solely on resettlement activities and will be properly
audited and accounted for. In order to provide such con-
1004
tributions in a timely manner, each Federal agency provid-
ing assistance or services, or conducting activities, in the
Republic of the Marshall Islands, is authorized to make
funds available through the Secretary of the Interior, to as-
sist in the resettlement of Rongelap. Nothing in this sub-
section shall be construed to limit the provision of ex gratia
assistance pursuant to section 105(c)(2) of the Compact of
Free Association Act of 1985 (Public Law 99–239, 99 Stat.
1770, 1792) including for individuals choosing not to reset-
tle at Rongelap, except that no such assistance for such in-
dividuals may be provided until the Secretary notifies the
Congress that the full amount of all funds necessary for re-
settlement at Rongelap has been provided.’’.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST RESEARCH
For necessary expenses of forest research as authorized
by law, $177,757,000, to remain available until September
30, 1997.
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 manage-
ment activities, cooperative forestry and education and
1005
land conservation activities, $136,695,000, to remain avail-
able until expended, as authorized by law: Provided, That
of funds available under this heading for Pacific Northwest
Assistance in this or prior appropriations Acts, $200,000
shall be provided to the World Forestry Center for purposes
of continuing scientific research and other authorized efforts
regarding the land exchange efforts in the Umpqua River
Basin Region.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not other-
wise provided for, for management, protection, improve-
ment, and utilization of the National Forest System, for
ecosystem planning, inventory, and monitoring, and for ad-
ministrative expenses associated with the management of
funds provided under the heads ‘‘Forest Research’’, ‘‘State
and Private Forestry’’, ‘‘National Forest System’’, ‘‘Con-
struction’’, ‘‘Fire Protection and Emergency Suppression’’,
and ‘‘Land Acquisition’’, $1,255,004,999, to remain avail-
able for obligation until September 30, 1997, and including
65 per centum of all monies received during the prior fiscal
year as fees collected under the Land and Water Conserva-
tion Fund Act of 1965, as amended, in accordance with
section 4 of the Act (16 U.S.C. 460l–6a(i)), of which not
more than $81,249,999 shall be available for travel ex-
penses: Provided, That unobligated and unexpended bal-
1006
ances in the National Forest System account at the end of
fiscal year 1995, shall be merged with and made a part
of the fiscal year 1996 National Forest System appropria-
tion, and shall remain available for obligation until Sep-
tember 30, 1997: Provided further, That up to $5,000,000
of the funds provided herein for road maintenance shall be
available for the planned obliteration of roads which are
no longer needed.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to National Forest System
lands or other lands under fire protection agreement, and
for emergency rehabilitation of burned over National Forest
System lands, $385,485,000, to remain available until ex-
pended: Provided, That unexpended balances of amounts
previously appropriated under any other headings for For-
est Service fire activities may be transferred to and merged
with this appropriation: Provided further, That such funds
are available for repayment of advances from other appro-
priations accounts previously transferred for such purposes.
CONSTRUCTION
For necessary expenses of the Forest Service, not other-
wise provided for, $163,384,000, to remain available until
expended, for construction and acquisition of buildings and
other facilities, and for construction and repair of forest
1007
roads and trails by the Forest Service as authorized by 16
U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided,
That funds becoming available in fiscal year 1996 under
the Act of March 4, 1913 (16 U.S.C. 501) shall be trans-
ferred to the General Fund of the Treasury of the United
States: Provided further, That not to exceed $50,000,000,
to remain available until expended, may be obligated for
the construction of forest roads by timber purchasers: Pro-
vided further, That $2,500,000 of the funds appropriated
herein shall be available for a grant to the ‘‘Non-Profit Citi-
zens for the Columbia Gorge Discovery Center’’ for the con-
struction of the Columbia Gorge Discovery Center: Provided
further, That the Forest Service is authorized to grant the
unobligated balance of funds appropriated in fiscal year
1995 for the construction of the Columbia Gorge Discovery
Center and related trail construction funds to the ‘‘Non-
Profit Citizens for the Columbia Gorge Discovery Center’’
to be used for the same purpose: Provided further, That the
Forest Service is authorized to convey the land needed for
the construction of the Columbia Gorge Discovery Center
without cost to the ‘‘Non-Profit Citizens for the Columbia
Gorge Discovery Center’’: Provided further, That notwith-
standing any other provision of law, funds originally ap-
propriated under this head in Public Law 101–512 for the
Forest Service share of a new research facility at the Uni-
1008
versity of Missouri, Columbia, shall be available for a grant
to the University of Missouri, as the Federal share in the
construction of the new facility: Provided further, That
agreed upon lease of space in the new facility shall be pro-
vided to the Forest Service without charge for the life of
the building.
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 administrative
expenses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to the Forest Service, $41,200,000, to be derived from the
Land and Water Conservation Fund, to remain available
until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior boundaries
of the Cache, Uinta, and Wasatch National Forests, Utah;
the Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests, Cali-
fornia, as authorized by law, $1,069,000, to be derived from
forest receipts.
1009
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
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, protec-
tion, and improvement, 50 per centum of all moneys re-
ceived during the prior fiscal year, as fees for grazing do-
mestic livestock on lands in National Forests in the sixteen
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 improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (a) purchase of not to ex-
ceed 183 passenger motor vehicles of which 32 will be used
1010
primarily for law enforcement purposes and of which 151
shall be for replacement; acquisition of 22 passenger motor
vehicles from excess sources, and hire of such vehicles; oper-
ation and maintenance of aircraft, the purchase of not to
exceed two for replacement only, and acquisition of 20 air-
craft 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 pur-
chase price for the replacement aircraft; (b) services pursu-
ant 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 alteration 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, Depart-
ment of Agriculture, or to implement any reorganization,
1011
‘‘reinvention’’ or other type of organizational restructuring
of the Forest Service, other than the relocation of the Re-
gional Office for Region 5 of the Forest Service from San
Francisco to excess military property at Mare Island,
Vallejo, California, without the consent of the House and
Senate Committees on Appropriations and the Committee
on Agriculture, Nutrition, and Forestry and the Committee
on Energy and Natural Resources in the United States Sen-
ate and the Committee on Agriculture and the Committee
on Resources in the United States House of Representatives.
Any appropriations or funds available to the Forest
Service may be advanced to the Fire and Emergency Sup-
pression appropriation and may be used for forest firefight-
ing 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.
Any funds available to the Forest Service may be used
for retrofitting Mare Island facilities to accommodate the
relocation: Provided, That funds for the move must come
from funds otherwise available to Region 5: Provided fur-
ther, That any funds to be provided for such purposes shall
only be available upon approval of the House and Senate
Committees on Appropriations.
1012
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Service
in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the provi-
sions of section 702(b) of the Department of Agriculture Or-
ganic 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 contained in House Re-
port 103–551.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department
of Agriculture without the approval of the Chief of the For-
est 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
1013
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.
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 available
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 Conservation 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-
1014
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 visually
pleasing forest.
Any money collected from the States for fire suppres-
sion assistance rendered by the Forest Service on non-Fed-
eral lands not in the vicinity of National Forest System
lands shall be used to reimburse the applicable appropria-
tion and shall remain available until expended as the Sec-
retary may direct in conducting activities authorized by
16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is
available to the Chief of the Forest Service for official recep-
tion and representation expenses.
Notwithstanding any other provision of law, the Forest
Service is authorized to employ or otherwise contract with
persons at regular rates of pay, as determined by the Serv-
ice, to perform work occasioned by emergencies such as fires,
storms, floods, earthquakes or any other unavoidable cause
without regard to Sundays, Federal holidays, and the regu-
lar workweek.
To the greatest extent possible, and in accordance with
the Final Amendment to the Shawnee National Forest Plan,
none of the funds available in this Act shall be used for
1015
preparation of timber sales using clearcutting or other
forms of even aged management in hardwood stands in the
Shawnee National Forest, Illinois.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural develop-
ment purposes.
Notwithstanding any other provision of law, eighty
percent of the funds appropriated to the Forest Service in
the National Forest System and Construction accounts and
planned to be allocated to activities under the ‘‘Jobs in the
Woods’’ program for projects on National Forest land in
the State of Washington may be granted directly to the
Washington State Department of Fish and Wildlife for ac-
complishment of planned projects. Twenty percent of said
funds shall be retained by the Forest Service for planning
and 
administering 
projects. 
Project 
selection 
and
prioritization shall be accomplished by the Forest Service
with such consultation with the State of Washington as the
Forest Service deems appropriate.
For one year after enactment of this Act, the Secretary
shall continue the current Tongass Land Management Plan
(TLMP) and may accommodate commercial tourism (if an
agreement is signed between the Forest Service and the
Alaska Visitors’ Association) except that during this period,
1016
the Secretary shall maintain at least the number of acres
of suitable available and suitable scheduled timber lands,
and Allowable Sale Quantity as identified in the Preferred
Alternative (Alternative P) in the Tongass Land and Re-
sources Management Plan and Final Environmental Im-
pact Statement (dated October 1992) as selected in the
Record of Decision Review Draft #3–2/93. Nothing in this
paragraph shall be interpreted to mandate clear-cutting or
require the sale of timber and nothing in this paragraph,
including the ASQ identified in Alternative P, shall be con-
strued to limit the Secretary’s consideration of new infor-
mation or to prejudice future revision, amendment or modi-
fication of TLMP based upon sound, verifiable scientific
data.
If the Forest Service determines in a Supplemental
Evaluation to an Environmental Impact Statement that no
additional analysis under the National Environmental Pol-
icy Act or section 810 of the Alaska National Interest Lands
Conservation Act is necessary for any timber sale or offer-
ing which has been prepared for acceptance by, or award
to, a purchaser after December 31, 1988, that has been sub-
sequently determined by the Forest Service to be available
for sale or offering to one or more other purchaser, the
change of purchasers for whatever reason shall not be con-
sidered a significant new circumstance, and the Forest
1017
Service may offer or award such timber sale or offering to
a different purchaser or offeree, notwithstanding any other
provision of law. A determination by the Forest Service
pursuant to this paragraph shall not be subject to judicial
review.
None of the funds appropriated under this Act for the
Forest Service shall be made available for the purpose of
applying paint to rocks, or rock colorization: Provided,
That notwithstanding any other provision of law, the Forest
Service shall not require of any individual or entity, as
part of any permitting process under its authority, or as
a requirement of compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the
painting or colorization of rocks.
DEPARTMENT OF ENERGY
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, including de-
feasible and equitable interests in any real property or any
facility or for plant or facility acquisition or expansion,
and for promoting health and safety in mines and the min-
eral industry through research (30 U.S.C. 3, 861(b), and
951(a)), for conducting inquiries, technological investiga-
1018
tions and research concerning the extraction, processing,
use, and disposal of mineral substances without objection-
able social and environmental costs (30 U.S.C. 3, 1602, and
1603), and for the development of methods for the disposal,
control, prevention, and reclamation of waste products in
the mining, minerals, metal, and mineral reclamation in-
dustries (30 U.S.C. 3 and 21a), $417,092,000, 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 principal
amount in the Great Plains Project Trust at the Norwest
Bank of North Dakota, in such sums as are earned as of
October 1, 1995, shall be deposited in this account and im-
mediately 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, $148,786,000, to re-
main available until expended: Provided, That the require-
ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
1019
year 1996: Provided further, That section 501 of Public
Law 101–45 is hereby repealed.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $553,240,000, to remain available until
expended, including, notwithstanding any other provision
of law, the excess amount for fiscal year 1996 determined
under the provisions of section 3003(d) of Public Law 99–
509 (15 U.S.C. 4502), and of which $16,000,000 shall be
derived from available unobligated balances in the Biomass
Energy Development account: Provided, That $140,696,000
shall be for use in energy conservation programs as defined
in section 3008(3) of Public Law 99–509 (15 U.S.C. 4507)
and shall not be available until excess amounts are deter-
mined under the provisions of section 3003(d) of Public
Law 99–509 (15 U.S.C. 4502): Provided further, That not-
withstanding section 3003(d)(2) of Public Law 99–509 such
sums shall be allocated to the eligible programs as follows:
$114,196,000 for the weatherization assistance program
and $26,500,000 for the State energy conservation program.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Economic Regulatory Administration and the Office
of Hearings and Appeals, $6,297,000, to remain available
until expended.
1020
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program manage-
ment activities pursuant to the Energy Policy and Con-
servation Act of 1975, as amended (42 U.S.C. 6201 et seq.),
$287,000,000, to remain available until expended, of which
$187,000,000 shall be derived by transfer of unobligated bal-
ances from the ‘‘SPR petroleum account’’ and $100,000,000
shall be derived by transfer from the ‘‘SPR Decommission-
ing Fund’’: Provided, That notwithstanding section 161 of
the Energy Policy and Conservation Act, the Secretary shall
draw down and sell up to seven million barrels of oil from
the Strategic Petroleum Reserve: Provided further, That the
proceeds from the sale shall be deposited into a special ac-
count in the Treasury, to be established and known as the
‘‘SPR Decommissioning Fund’’, and shall be available for
the purpose of removal of oil from and decommissioning
of the Weeks Island site and for other purposes related to
the operations of the Strategic Petroleum Reserve.
SPR PETROLEUM ACCOUNT
Notwithstanding 42 U.S.C. 6240(d) the United States
share of crude oil in Naval Petroleum Reserve Numbered
1 (Elk Hills) may be sold or otherwise disposed of to other
than the Strategic Petroleum Reserve: Provided, That out-
1448
or mortgage for which acceleration or foreclosure is author-
ized. An agency head may not institute foreclosure proceed-
ings on the mortgage under any other provision of law, or
refer such mortgage for litigation, during the pendency of
foreclosure proceedings pursuant to this subchapter.
‘‘(b) EFFECT OF CANCELLATION OF SALE.—If a fore-
closure sale is canceled pursuant to section 3407, the agency
head may thereafter foreclose on the security property in
any manner authorized by law.
‘‘§ 3404. Designation of foreclosure trustee
‘‘(a) IN GENERAL.—An agency head shall designate a
foreclosure trustee who shall supersede any trustee des-
ignated in the mortgage. A foreclosure trustee designated
under this section shall have a nonjudicial power of sale
pursuant to this subchapter.
‘‘(b) DESIGNATION OF FORECLOSURE TRUSTEE.—
‘‘(1) An agency head may designate as fore-
closure trustee—
‘‘(A) an officer or employee of the agency;
‘‘(B) an individual who is a resident of the
State in which the security property is located;
or
‘‘(C) a partnership, association, or corpora-
tion, provided such entity is authorized to trans-
1463
‘‘(1)(A) to pay the commission of the foreclosure
trustee, other than an agency employee, the greater
of—
‘‘(i) the sum of—
‘‘(I) 3 percent of the first $1,000 col-
lected, plus
‘‘(II) 1.5 percent on the excess of any
sum collected over $1,000; or
‘‘(ii) $250; and
‘‘(B) the amounts described in subparagraph
(A)(i) shall be computed on the gross proceeds of all
security property sold at a single sale;
‘‘(2) to pay the expense of any auctioneer em-
ployed by the foreclosure trustee, if any, except that
the commission payable to the foreclosure trustee pur-
suant to paragraph (1) shall be reduced by the
amount paid to an auctioneer, unless the agency head
determines that such reduction would adversely affect
the ability of the agency head to retain qualified fore-
closure trustees or auctioneers;
‘‘(3) to pay for the costs of foreclosure, includ-
ing—
‘‘(A) reasonable and necessary advertising
costs and postage incurred in giving notice pur-
suant to section 3406;
1477
‘‘(C) If the Secretary, or in the absence of the Sec-
retary, the official designated to act on behalf of the Sec-
retary, determines that the holder of an approved applica-
tion under paragraph (2) is exporting a drug or device to
a country for which the Secretary cannot make a finding
under paragraph (1)(A), and that the export of the drug
or device presents an imminent hazard, the Secretary shall
immediately prohibit the export of the drug or device to
such country, give the holder prompt notice of the deter-
mination, and afford the holder an opportunity for an expe-
dited hearing. A determination by the Secretary under this
subparagraph may not be stayed pending final action by
a reviewing court. The authority conferred by this subpara-
graph shall not be delegated by the Secretary.
‘‘(D) If the Secretary receives credible evidence that the
holder of an application approved under paragraph (2) is
exporting a drug or device to a country for which the Sec-
retary cannot make a finding under paragraph (1)(A), the
Secretary shall give the holder 60 days to provide informa-
tion to the Secretary respecting such evidence and shall pro-
vide the holder an opportunity for an informal hearing on
such evidence. Upon the expiration of such 60 days, the Sec-
retary shall prohibit the export of such drug or device to
such country if the Secretary determines the holder is ex-