Department of the Interior and Related Agencies Appropriations Act, 1998
PL 105-83 (H.R.2107), enacted 11/14/1997

PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1543 
*Public Law 105-83 
105th Congress 
An Act 
Making appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 1998, and for other piirposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 1998, and for other purposes, namely: 
TITLE I—DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisi-
tion 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 Bureau of Land Management, including the 
general administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96-487 (16 U.S.C. 
3150(a)), $583,270,000, to remain available until expended, of which 
$2,043,000 shall be available for assessment of the mineral potential 
of public lands in Alaska pursuant to section 1010 of Public Law 
96-487 (16 U.S.C. 3150); and of which $3,000,000 shall be derived 
from the special receipt account established by the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 4601-6a(i)); and 
of which $1,500,000 shall be available in fiscal year 1998 subject 
to a match by at least an equal amount by the National Fish 
and Wildlife Foundation, to such Foundation for challenge cost 
share projects supporting fish and wildlife conservation Meeting 
Bureau lands; in addition, $27,650,000 for Mining Law Administra-
tion program operations, to remain available until expended, to 
be reduced by amounts collected by the Bureau and credited to 
this appropriation from annual mining claim fees so as to result 
in a final appropriation estimated at not more than $583,270,000; 
and in addition, not to exceed $5,000,000, to remain available 
until expended, from annual mining claim fees; which shall be 
credited to this account for the costs of administering the mining 
claim fee program, and $2,000,000 from communication site rental 
fees established by the Bureau for the cost of administering commu-
nication site activities: Provided, That appropriations herein made 
•Note: This law contains items that were cancelled by the President pursuant to the Line 
Item Veto Act. For more information, see the Federal Register entry under "LEGISLATIVE 
HISTORY" at the end of this law. 
Nov. 14, 1997 
[H.R. 2107] 
Department of 
the Interior and 
Related Agencies 
Appropriations 
Act, 1998. 
I l l STAT. 1544 
PUBLIC LAW 105-83—NOV. 14, 1997 
shall not be available for the destruction of healthy, unadopted, 
wild horses and burros in the care of the Bureau or its contractors. 
WILDLAND FIRE MANAGEMENT 
For necessary expenses for fire use and management, fire 
preparedness, suppression operations, and emergency rehabilitation 
by the Department of the Interior, $280,103,000, to remain available 
until expended, of which not to exceed $6,950,000 shall be for 
the renovation or construction of fire facilities: Provided, That such 
funds are also available for repayment of advances to other appro-
priation accounts from which funds were previously transferred 
for such purposes: Provided further, That persons hired pursuant 
to 43 U.S.C. 1469 may be furnished subsistence and lodging without 
cost from funds available from this appropriation. 
CENTRAL HAZARDOUS MATERIALS FUND 
For necessary expenses of 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.), $12,000,000, to remain available 
until expended: 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 section 107 or 113(f) of such Act, 
shall be credited to this account to be available until expended 
without further appropriation: Provided further. That such sums 
recovered from or psiid by any party are not limited to monetary 
payments and may include stocks, bonds or other personal or real 
property, which may be retained, liquidated, or otherwise disposed 
of by the Secretary and which shall be credited to this account. 
CONSTRUCTION 
For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $3,254,000, 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. 6901-6907), $120,000,000, of which 
not to exceed $400,000 shall be available for administrative 
expenses: Provided, That no payment shall be made to otherwise 
eligible units of local government if the computed amount of the 
payment is less than $100. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 206, and 
318(d) of Public Law 94-579, including administrative expenses 
and acquisition of lands or waters, or interests therein, $11,200,000, 
to be derived from the Land and Water Conservation Fund, to 
remain available until expended. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1545 
OREGON AND CALIFORNIA GRANT LANDS 
For expenses necessary for management, protection, and devel-
opment of resources and for construction, operation, and mainte-
nance of access roads, reforestation, and other improvements on 
the revested Oregon and CaHfornia Railroad grant lands, on other 
Federal lands in the Oregon and California land-grant counties 
of Oregon, and on adjacent rights-of-way; and acquisition of lands 
or interests therein including existing connecting roads on or adja-
cent to such grant lands; $101,406,000, to remain available until 
expended: Provided, That 25 percent of the aggregate of all receipts 
during the current fiscal year from the revested Oregon and Califor-
nia 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 second 
paragraph of subsection (b) of title II of the Act of August 28, 
1937 (50 Stat. 876). 
FOREST ECOSYSTEMS HEALTH AND RECOVERY 
(REVOLVING FUND, SPECIAL ACCOUNT) 
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and 
Recovery Fund can be used for the purpose of planning, preparing, 
and monitoring salvage timber sales and forest ecosystem health 
and recovery activities such as release from competing vegetation 
and density control treatments. The Federal share of receipts 
derived from treatments funded by this account shall be deposited 
into the Forest Ecosystem Health and Recovery Fund. 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant 
to section 401 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums 
equal to 50 percent of all moneys received during the prior fiscal 
year under sections 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 Interior pursuant 
to law, but not less than $9,113,000, to remain available until 
expended: Provided, That not to exceed $600,000 shall be available 
for administrative expenses. 
SERVICE CHARGES, DEPOSITS, AND FORFEITURES 
For administrative expenses and other costs related to process-
ing 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, oper-
ation, and termination of facilities in conjunction with use 
authorizations, and for rehabilitation of damaged property, such 
amounts as may be collected under Public Law 94-579, as amended, 
and Public Law 93-153, to remain available until expended: Pro-
vided, That notwithstanding any provision to the contrary of section 43 USC 1735 
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that note. 
have been or will be received pursuant to that section, whether 
I l l STAT. 1546 
PUBLIC LAW 105-83—NOV. 14, 1997 
as a result of forfeiture, compromise, or settlement, if not appro-
priate for refund pursuant to section 305(c) of that Act (43 U.S.C. 
1735(c)), shall be available and may be expended under the author-
ity of this Act by the Secretary to improve, protect, or rehabilitate 
any public lands administered through the Bureau of Land Manage-
ment which have been damaged by the action of a resource devel-
oper, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are 
used on the exact lands damaged which led to the action: Provided 
further, That any such moneys that are in excess of amounts needed 
to repair damage to the exact land for which funds were collected 
may be used to repair other damaged public lands. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended under exist-
ing laws, 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 administra-
tive costs, surveys, appraisals, and costs of making conveyances 
of omitted lands under section 211(b) of that Act, to remain available 
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 pa3anents, at the discretion of the Secretary, 
for information or evidence concerning violations of laws adminis-
tered by the Bureau; miscellaneous and emergency expenses of 
enforcement activities authorized or approved by the Secretary and 
to be accounted for solely on his certificate, not to exceed $10,000: 
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, 
under cooperative cost-sharing and partnership 
arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the coopera-
tors share the cost of printing either in cash or in services, and 
the Bureau determines the cooperator is capable of meeting accepted 
quality standards. 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE M A N A G E M E N T 
For expenses necessary for scientific and economic studies, 
conservation, management, investigations, protection, and utiliza-
tion 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 general administration of the 
United States Fish and-Wildlife Service; for maintenance of the 
herd of long-horned cattle on the Wichita Mountains Wildlife Ref-
uge; 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, $594,842,000, to remain available until 
September 30, 1999, of which $11,612,000 shall remain available 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1547 
until expended for operation and maintenance of fishery mitigation 
facilities constructed by the Corps of Engineers under the Lower 
Snake River Compensation Plan, authorized by the Water Resources 
Development Act of 1976, to compensate for loss of fishery resources 
fi-om water development projects on the Lower Snake River, and 
of which not less than $2,000,000 shall be provided to local govern-
ments in southern California for planning associated with the Natu-
ral Communities Conservation Planning (NCCP) program and shall 
remain available until expended, and of which not to exceed 
$5,190,000 shall be used for implementing subsections (a), (b), (c), 
and (e) of section 4 of the Endangered Species Act of 1973, as 
amended: Provided, That the proviso imder this heading in Public 
Law 104-208 is amended by striking the words "Education and" 
and inserting in lieu thereof "Conservation", by striking the word 
"direct" and inserting in lieu thereof the word "full", and by insert-
ing before the period ", to remain available until expended". 
CONSTRUCTION 
For construction and acquisition of buildings and other facilities 
required in the conservation, msina^ement, investigation, protection, 
and utilization of fishery and wildlife resources, and the acquisition 
of lands and interests therein; $45,006,000, to remain available 
until expended. 
NATURAL RESOURCE DAMAGE ASSESSMENT FUND 
To conduct natural resource damage assessment activities by 
the Department of the Interior necessary to carry out the provisions 
of the Comprehensive Environmental Response, 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 (PubHc Law 101-380), and Public Law 
101-337; $4,228,000, to remain available until expended: Provided, 
That under this heading in Public Law 104-134, strike "in fiscal 
year 1996 and theresifter" in the proviso and insert "heretofore 
and hereafter", and before the phrase "or properties shall be uti-
lized" in such proviso, insert", to remain available imtil expended,": 
Provided further, That the first proviso under this heading in Public 
Law 103-138 is amended by inserting after "account" the following: 
", including transfers to Federal trustees and pa3anents to non-
Federal trustees,". 
LAND ACQUISITION 
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 4601-4 through 
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, 
$62,632,000, to remain available until expended. 
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND 
For expenses necessary to carry out the provisions of the Endan-
f
ered Species Act of 1973 (16 U.S.C. 1531-1543), as amended, 
14,000,000, for grants to States, to be derived 
fi-om 
the Cooperative 
Endangered Species Conservation Fund, and to remain available 
until expended. 
16 use 742b 
note. 
43 use 1474b-l. 
43 use 1474b-l. 
I l l STAT. 1548 
PUBLIC LAW 105-83—NOV. 14, 1997 
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 Afri-
can Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 
4221-4225, 4241-4245, and 1538), $1,000,000, to remain available 
until expended. 
NORTH AMERICAN WETLANDS CONSERVATION FUND 
For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, as 
amended, $11,700,000, to remain available until expended. 
RHINOCEROS AND TIGER CONSERVATION FUND 
For deposit to the Rhinoceros and Tiger Conservation Fund, 
$400,000, to remain avEdlable until expended, to carry out the 
Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103-
391). 
WILDLIFE CONSERVATION AND APPRECIATION FUND 
For deposit to the Wildlife Conservation and Appreciation Fund, 
$800,000, to remain available until expended. 
ADMINISTRATIVE PROVISIONS 
Appropriations and funds avsiilable to the United States Fish 
and Wildlife Service shall be available for purchase of not to exceed 
108 passenger motor vehicles, of which 92 are for replacement 
only (including 57 for police-t3T)e use); not to exceed $400,000 for 
payment, at the discretion of the Secretary, for information, 
rewards, or evidence concerning violations of laws administered 
by the Service, and miscellaneous and emergency expenses of 
enforcement activities, authorized or approved by the Secretary 
and to be accounted for solely on his certificate; repair of damage 
to public roads within and adjacent to reservation areas caused 
by operations of the Service; options for the purchase of land at 
not to exceed $1 for each option; facilities incident to such public 
recreational uses on conservation areas as are consistent with their 
E
rimary purpose; and the maintenance and improvement of aquaria, 
uildings, and other facilities under the jurisdiction of the Service 
and to which the United States has title, and which are utilized 
pursuEuit to law in connection with management and investigation 
of fish and wildlife resources: Provided, That notwithstanding 44 
U.S.C. 501, the Service may, under cooperative cost sharing and 
partnership arrangements authorized by law, procure printing serv-
ices from cooperators in connection with jointly produced publica-
tions 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 Service may accept donated aircraft 
as replacements for existing aircraft: Provided further. That not-
withstanding any other provision of law, the Secretary of the 
Interior may not spend any of the funds appropriated in this Act 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1549 
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 the report accompanying 
this bill: Provided further, That the Secretary may sell land and 
interests in land, other than surface water rights, acquired in 
conformance with subsections 206(a) and 207(c) of Public Law 101-
816, the receipts of which shall be deposited to the Lahontan 
Valley and P3nramid Lake Fish and Wildlife Fund and used exclu-
sively for the purposes of such subsections, without regard to the 
limitation on the distribution of benefits in subsection 206(f)(2) 
of such law. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For expenses necessary for the msinagement, operation, and 
maintenance of areas and facilities administered by the National 
Park Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administra-
tion of the National Park Service, including not to exceed $1,593,000 
for the Volunteers-in-Parks progrsim, 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 16 U.S.C. 1706, $1,233,664,000, of which $12,800,000 
for research, planning and interagency coordination in support of 
land acquisition for Everglades restoration shall remain available 
until expended, and of which not to exceed $72,000,000, to remain 
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 programs, natu-
ral programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant adminis-
tration, not otherwise provided for, $44,259,000, of which $4,500,000 
is for grants to Heritage areas in accordance with section 606 
of title VI, division I and titles I-VI and VIII-DC, division II of 
Public Law 104-333 and is to remain available until September 
30,1999. 
HISTORIC PRESERVATION FUND 
For expenses necessary in carrying out the Historic Preserva-
tion Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 
104-333), $40,812,000, to be derived from the Historic Preservation 
Fund, to remain available until September 30, 1999, of which 
$4,200,000 pursuant to section 507 of Public Law 104-333 shall 
remain available until expended. 
I l l STAT. 1550 
PUBLIC LAW 105-83—NOV. 14, 1997 
CONSTRUCTION 
For construction, improvements, repair or replacement of phys-
ical facilities, including the modifications authorized by section 
104 of the Everglades National Park Protection and Expansion 
Act of 1989, $214,901,000, to remain available until expended: 
Provided, That $500,000 for the Rutherford B. Hayes Home; 
$600,000 for the Sotterly Plantation House; $500,000 for the Darwin 
Martin House in Buffalo, New York; $500,000 for the Penn Center, 
South Carolina; and $1,000,000 for the Vietnam Veterans Museum 
in Chicago, Illinois shall be derived from the Historic Preservation 
Fund pursuant to 16 U.S.C. 470a: Provided fuHher, That $3,000,000 
for the Hispanic Cultural Center, New Mexico, is subject to 
authorization: Provided further. That none of the funds provided 
in this Act may be used to relocate the Brooks River Lodge in 
Katmai National Park and Preserve from its current physical loca-
tion. 
LAND AND WATER CONSERVATION FUND 
(RESCISSION) 
16 use 460/-l0a 
The contract authority provided for fiscal year 1998 by 16 
note- 
U.S.C. 4601-10a is rescinded. 
LAND ACQUISITION AND STATE ASSISTANCE 
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 4601-4 through 
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, $143,290,000, to be derived 
from the Land and Water Conservation Fund, to remain available 
until expended, of which $1,000,000 is to administer 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: 
Provided further, That from the funds made available for land 
acquisition at Everglades National Park and Big Cypress National 
Preserve, the Secretary may provide for Federal assistance to the 
State of Florida for the acquisition of lands or waters, or interests 
therein, within the Everglades watershed (consisting of lands and 
waters within the boundaries of the South Florida Water Manage-
ment District, Florida Bay and the Florida Keys) under terms 
and conditions deemed necessary by the Secretary, to improve and 
restore the hydrological function of the Everglades watershed: Pro-
vided further. That the Secretary may provide such funds to the 
State of Florida for acquisitions within Stormwater Treatment Area 
1-E, including reimbursement for lands or waters, or interests 
therein, within Stormwater Treatment Area 1-E acquired by the 
State of Florida prior to the enactment of this Act: Provided further. 
That funds provided under this heading to the State of Florida 
shsdl be subject to an agreement that such lands will be managed 
in perpetuity for the restoration of the Everglades. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1551 
ADMINISTRATIVE PROVISIONS 
Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 396 passenger motor vehicles, 
of which 302 shall be for replacement only, including not to exceed 
315 for police-type use, 13 buses, and 6 ambulances: Provided, 
That none of the funds appropriated 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 submit-
ted to the Congress and shall not be implemented 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 development 
of the southern end of Ellis Island, including the facts £uid cir-
cumstances relied upon in support of the proposed project. 
None of the funds in this Act may be spent by the National 
Park Service for activities taken in direct response to the United 
Nations Biodiversity Convention. 
The National Park Service may distribute to operating units 
based on the safety record of each unit the costs of programs 
designed to improve workplace and employee safety, and to encour-
age employees receiving workers' compensation benefits pursuant 
to chapter 81 of title 5, United States Code, to return to appropriate 
positions for which they are medically able. 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For expenses necessary for the United States Geological Survey 
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, and the mineral and water resources 
of the United States, its territories and possessions, and other 
areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 
lands as to their mineral and water resources; give engineering 
supervision to power permittees and Federal Energy Regulatory 
Commission licensees; 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 processing industries (30 
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(l)) and related purposes 
as authorized by law and to publish and disseminate data; 
$759,160,000 of which $66,231,000 shall be available only for 
cooperation with States or municipalities for water resources inves-
tigations; and of which $16,400,000 shall remain available until 
expended for conducting inquiries into the economic conditions 
affecting mining and materials processing industries; £ind of which 
$2,000,000 shall remain available until expended for development 
of a mineral and geologic database; £ind of which $145,159,000 
shall be available until September 30, 1999 for the biological 
research activity and the operation of the Cooperative Research 
Units: Provided, That none of these funds provided for the biological 
research activity shall be used to conduct new surveys on private 
I l l STAT. 1552 
PUBLIC LAW 105-83—NOV. 14, 1997 
property, unless specifically authorized in writing by the property 
43 use 50. 
owner: Provided further. That no part of this appropriation shall 
be used to pay more than one-half the cost of topographic mapping 
or water resources data collection and investigations carried on 
in cooperation with States and municipalities. 
ADMINISTRATIVE PROVISIONS 
The amount appropriated for the United States Geological Sur-
vey shall be available for the purchase of not to exceed 53 passenger 
motor vehicles, of which 48 are for replacement only; reimbursement 
to the General Services Administration for security guard services; 
contracting for the furnishing of topographic 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 
observation wells; expenses of the United States National Commit-
tee on Geology; and payment of compensation and expenses of 
persons on the rolls of the Survey duly appointed 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.: 
Provided further. That the United States Geological Survey may 
contract directly with individuals or indirectly with institutions 
or nonprofit organizations, without regard to section 41 U.S.C. 
5, for the temporary or intermittent services of science students 
or recent graduates, who shall be considered employees for the 
purposes of chapter 81 of title 5, United States Code, relating 
to compensation for work injuries, and chapter 171 of title 28, 
United States Code, relating to tort claims, but shall not be consid-
ered to be Federal employees for any other purposes. 
MINERALS MANAGEMENT SERVICE 
ROYALTY AND OFFSHORE MINERALS MANAGEMENT 
For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable 
to oil, gas, and other minerals leases, permits, licenses and operat-
ing contracts; and for matching grants or cooperative agreements; 
including the purchase of not to exceed eight passenger motor 
vehicles for replacement only; $137,521,000, of which not less than 
$68,574,000 shall be available for royalty management activities; 
and an amount not to exceed $65,000,000, to be credited to this 
appropriation and to remain available until expended, from addi-
tions to receipts resulting from increases to rates in effect on 
August 5, 1993, from rate increases to fee collections for Outer 
Continental Shelf administrative activities performed by the Min-
erals Management Service over and above the rates in effect on 
September 30, 1993, and from additional fees for Outer Continental 
Shelf administrative activities established after September 30, 1993: 
Provided, That $3,000,000 for computer acquisitions shall remain 
available until September 30, 1999: Provided further. That funds 
appropriated under this Act shall be available for the payment 
of interest in accordance with 30 U.S.C. 1721(b) and (d): Provided 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1553 
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 provi-
sion of law, $15,000 under this heading shall be available for 
refunds of overpayments in connection with certain Indian leases 
in which the Director of the Minerals Management Service con-
curred with the claimed refund due, to pay amounts owed to Indian 
allottees or tribes, or to correct prior unrecoverable erroneous pay-
ments. 
OIL SPILL RESEARCH 
For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 
of the Oil Pollution Act of 1990, $6,118,000, which shall be derived 
from the Oil Spill Liability Trust Fund, to remain available until 
expended. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 
REGULATION AND TECHNOLOGY 
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law 
95-87, as amended, including the purchase of not to exceed 10 
passenger motor vehicles, for replacement only; $94,937,000, and 
notwithstanding 31 U.S.C. 3302, an additional amount shall be 
credited to this account, to remain available until expended, from 
performance bond forfeitures in fiscal year 1998: Provided, That 
the Secretary of the Interior, pursuant to regulations, may utilize 
directly or through grants to States, moneys collected in fiscal 
year 1998 for civil penalties assessed 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 appropriations for the Office of Surface Mining Rec- 30 USC 1211 
lamation and Enforcement may provide for the travel and per ^ote. 
diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training. 
ABANDONED MINE RECLAMATION FUND 
For necess£iry expenses to carry out title IV of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
as amended, including the purchase of not more than 10 passenger 
motor vehicles for replacement only, $177,624,000, to be derived 
from receipts of the Abandoned Mine Reclamation Fund and to 
remain available until expended; of which up to $5,000,000 shall 
be for supplemental grants to States for the reclamation of aban-
doned sites with acid mine rock drainage from coal mines through 
the Appalachian Clean Streams Initiative: Provided, That grants 
to minimum program States will be $1,500,000 per State in fiscal 
year 1998: Provided further. That of the funds herein provided 
up to $18,000,000 may be used for the emergency program author-
ized by section 410 of Public Law 95-87, as amended, of which 
no more than 25 percent shall be used for emergency reclamation 
projects in any one State and funds for federally administered 
emergency reclamation projects under this proviso shall not exceed 
I l l STAT. 1554 
PUBLIC LAW 105-83—NOV. 14, 1997 
$11,000,000: Provided further. That prior year unobligated funds 
appropriated for the emergency reclamation program shall not be 
subject to the 25 percent limitation per State and may be used 
without fiscal year limitation for emergency projects: Provided fur-
ther. That pursuant to Public Law 97-365, the Department of 
the Interior is authorized to use up to 20 percent from the recovery 
of the delinquent debt owed to the United States Government 
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 environmental restoration related to treatment 
or abatement of acid mine drainage from abandoned mines: Pro-
vided further. That such projects must be consistent with the pur-
poses and priorities of the Surface Mining Control and Reclamation 
Act: Provided further. That the State of Maryland may set aside 
the greater of $1,000,000 or 10 percent of the total of the grants 
made available to the State under title IV of the Surface Mining 
Control and Reclamation Act of 1977, as amended (30 U.S.C. 1231 
et seq.), if the amount set aside is deposited in an acid mine 
drainage abatement and treatment fund established under a State 
law, pursuant to which law the amount (together with all interest 
earned on the amount) is expended by the State to undertake 
acid mine drainage abatement and treatment projects, except that 
before any amounts greater than 10 percent of its title IV grants 
are deposited in an acid mine drainage abatement and treatment 
fund, the State of Maryland must first complete all Surface Mining 
Control and Reclamation Act priority one projects. 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
For operation of Indian programs by direct expenditure, con-
tracts, cooperative agreements, compacts, and grants including 
expenses necessary to provide education and welfare services for 
Indians, either directly or in cooperation with States and other 
organizations, including payment of care, tuition, assistsmce, 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 jurisdic-
tion of the Bureau, including payment of irrigation assessments 
and charges; acquisition of water rights; advances for Indian indus-
trial 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, 
including such expenses in field offices; maintaining of Indian res-
ervation roads as defined in 23 U.S.C. 101; and construction, repair, 
and improvement of Indian housing, $1,528,588,000, to remain 
available until September 30, 1999 except as otherwise provided 
herein, of which not to exceed $93,825,000 shall be for welfare 
assistance payments and not to exceed $105,829,000 shall be for 
pa3nnents to tribes and tribal organizations for contract support 
costs associated with ongoing contracts or grants or compacts 
entered into with the Bureau prior to fiscal year 1998, as authorized 
by the Indian Self-Determination Act of 1975, as amended, and 
up to $5,000,000 shall be for the Indian Self-Determination Fund, 
1 ! % ! ^ -jCvf- --" • 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1555 
which shall be available for the transitionsil cost of initial or 
expanded tribal contracts, grants, compacts, or cooperative agree-
ments with the Bureau under such Act; and of which not to exceed 
$374,290,000 for school operations costs of Bureau-funded schools 
and other education programs shall become available on July 1, 
1998, and shall remain available until September 30, 1999; and 
of which not to exceed $55,949,000 shall remain available until 
expended for housing improvement, road maintenance, attorney 
fees, litigation support, self-governance grants, the Indian Self-
Determination Fund, land records improvements and the Navajo-
Hopi Settlement Program: Provided, That tribes and tribal contrac-
tors may use their tribal priority allocations for unmet indirect 
costs of ongoing contracts, grants or compact agreements and for 
unmet welfare assistance costs: Provided further. That funds made 
available to tribes and tribal organizations through contracts, com-
pact agreements, or grants obligated during fiscal years 1998 and 
1999, as authorized by the Indian Self-Determination Act of 1975, 
or grants authorized by the Indian Education Amendments of 1988 
(25 U.S.C. 2001 and 2008A) shall remain available until expended 
by the contractor or grantee: Provided further. That to provide 
funding uniformity within a Self-Grovemance Compact, any funds 
provided in this Act with availability for more than two years 
may be reprogreimmed to two year availability but shall remain 
available within the Compact until expended: Provided 
further, 
That notwithstanding any other provision of law, Indism tribal 
governments 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 individusds 
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: Pro-
vided further, That any net increase in costs to the Federal Govern-
ment which result solely from tribgilly 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 allocated to a tribe which remain 
unobligated as of September 30, 1998, may be transferred during 
fiscal year 1999 to an Indian forest land assistance account estab-
lished for the benefit of such tribe within the tribe's trust fund 
account: Provided further. That any such unobligated balances not Expiration date, 
so transferred shall expire on September 30, 1999: Provided further. 
That notwithstanding any other provision of law, no funds available 
to the Bureau, other than the amounts provided herein for assist-
ance to public schools under 25 U.S.C. 452 et seq., shall be available 
to support the operation of any elementary or secondary school 
in the State of Alaska in fiscal year 1998: Provided further. That 
fiinds made available in this or any other Act for expenditure 
through September 30, 1999 for schools funded by the Bureau 
shall be available only to the schools in the Bureau school system 
as of September 1, 1996: Provided further. That no funds available 
to the Bureau shall be used to support expanded grades for any 
school or dormitory beyond the grade structure in place or approved 
by the Secretary of the Interior at each school in the Bureau 
25 use 2012 
school system as of October 1, 1995: Provided further. That begin- no**, 
ning in fiscal year 1998 and thereaft;er and notwithstanding 25 
I l l STAT. 1556 
PUBLIC LAW 105-83—NOV. 14, 1997 
U.S.C. 2012(h)(1)(B), when the rates of basic compensation for 
teachers and counselors at Bureau-operated schools are established 
at the rates of basic compensation applicable to comparable posi-
tions in overseas schools under the Defense Department Overseas 
Teachers Pay and Personnel Practices Act, such rates shall become 
effective with the start of the next academic year following the 
issuance of the Department of Defense salary schedule and shall 
not be effected retroactively: Provided further. That the Cibecue 
Community School may use prior year school operations funds 
for the construction of a new high school facility which is in compli-
ance with 25 U.S.C. 2005(a) provided that any additional construc-
tion costs for replacement of such facilities begun with prior year 
funds shall be completed exclusively with non-Federal funds: Pro-
vided further, That tribes may use tribal priority allocations funds 
for the replacement and repair of school facilities which are in 
compliance with 25 U.S.C. 2005(a), so long as such replacement 
or repair is approved by the Secretary and completed with non-
Federal tribal and/or tribal priority allocations funds. 
CONSTRUCTION 
For construction, major repair, and improvement of irrigation 
and power systems, buildings, utilities, and other facilities, includ-
ing architectural and engineering services by contract; acquisition 
of lands, and interests in lands; and preparation of lands for farm-
ing, and for construction of the Navajo Indian Irrigation Project 
pursuant to Public Law 87-483, $125,051,000, to remain available 
until expended: Provided, That such amounts as may be available 
for the construction of the Navajo Indian Irrigation Project may 
be transferred to the Bureau of Reclamation: Provided 
further. 
That not to exceed 6 percent 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: Provided further. That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made 
available on a nonreimbursable basis: Provided further. That for 
fiscal year 1998, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 that 
are provided to tribally controlled grant schools under Public 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 further, That such grants shall not be sub-
ject 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 applications, 
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). 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1557 
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS 
PAYMENTS TO INDIANS 
For miscellaneous payments to Indian tribes and individuals 
and for necessary administrative expenses, $43,352,000, to remain 
available until expended; of which $42,000,000 shall be available 
for implementation of enacted Indian land and water claim settle-
ments pursuant to Public Laws 101-618, 102-374, and 102-575, 
and for implementation of other enacted water rights settlements, 
including not to exceed $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 $1,352,000 shall be available pursuant to Public Laws 
99-264, 100-383, 103-402, and 100-580: Provided, That the Sec-
retary is directed to sell land and interests in land, other than 
surface water rights, acquired in conformance with section 2 of 
the Truckee River Water Quality Settlement Agreement, the 
receipts of which shall be deposited to the Lahontan Valley and 
Pyramid Lake Fish and Wildlife Fund, and be available for the 
purposes of section 2 of such agreement, without regard to the 
limitation on the distribution of benefits in the second sentence 
of paragraph 206(f)(2) of Public Law 101-618. 
INDIAN 
GUARANTEED 
LOAN 
PROGRAM 
ACCOUNT 
For the cost of guaranteed loans, $4,500,000, as authorized 
by the Indian Financing Act of 1974, as amended: Provided, That 
such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$34,615,000. 
In addition, for administrative expenses to carry out the 
guaranteed loan programs, $500,000. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance 
fund, the Technical Assistance of Indian Enterprises account, the 
Indian Direct Loan Program account, and the Indian Guaranteed 
Loan Program account) shall be available for expenses of exhibits, 
and purchase of not to exceed 229 passenger motor vehicles, of 
which not to exceed 187 shall be for replacement only. 
Notwithstanding any other provision of law, no funds available 
to the Bureau of Indian Affairs for central office operations or 
pooled overhead general administration shall be available for tribal 
contracts, grsints, compacts, or cooperative agreements with the 
Bureau of Indian Affairs under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of 1994 (Public 
Law 103-413). 
I l l STAT. 1558 
PUBLIC LAW 105-83—NOV. 14, 1997 
DEPARTMENTAL OFFICES 
INSULAR AFFAIRS 
ASSISTANCE TO TERRITORIES 
For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $67,514,000, of which: 
(1) $63,665,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, and brown tree snake control and 
research; grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C. 1661(c)); grants 
to the Government of American Samoa, in addition to current 
local revenues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as authorized 
by law; grants to the Grovemment 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) 
$3,849,000 shall be available for salaries and expenses of the Office 
48 use 1469b. 
of Insular Affairs: Provided, That all financial transactions of the 
territorial and local governments herein provided for, including 
such transactions of all agencies or instrumentalities 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 Covenant grant funding shall be provided accord-
ing 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 grant funding: Provided further. That of the amounts pro-
vided 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 improvement of capital infrastructure in American 
Samoa, Guam, the Virgin Islands, the Commonwealth of the North-
ern Mariana Islands, the Republic of Palau, the Republic of the 
Marshall Islands, and the Federated States of Micronesia through 
assessments of long-range operations maintenance needs, improved 
capability of local operations and maintenance institutions and 
agencies (including management and vocational education training), 
and project-specific maintenance (with territorial participation and 
cost sharing to be determined by the Secretary based on the individ-
ual territory's commitment to timely maintenance of its capital 
assets): Provided further. That any appropriation for disaster assist-
ance under this heading in this Act or previous appropriations 
Acts 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 Emergency Assistance 
Act (42 U.S.C. 5170c). 
COMPACT OF FREE ASSOCIATION 
For economic assistance and necessary expenses for the Fed-
erated States of Micronesia and the Republic of the Marshall Islands 
as provided for in sections 122, 221, 223, 232, and 233 of the 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1559 
Compact of Free Association, and for economic assistance and nec-
essary expenses for the Republic of Palau as provided for in sections 
122, 221, 223, 232, and 233 of the Compact of Free Association, 
$20,545,000, to remain available until expended, as authorized by 
Public Law 99-239 and Public Law 99-658. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
For necessary expenses for management of the Department 
of the Interior, $58,286,000, of which not to exceed $8,500 may 
be for official reception and representation expenses, and of which 
up to $1,200,000 shall be available for workers compensation pay-
ments and unemployment compensation pajnnents associated with 
the orderly closure of the United States Bureau of Mines. 
OFFICE OF THE SOLICITOR 
SALARIES AND EXPENSES 
For necessary 
expenses of the 
Office 
of the 
Solicitor, 
$35,443,000. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector General, 
$24,500,000. 
NATIONAL INDIAN GAMING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the National Indian Gaming Commis-
sion, pursuant to Public Law 100-497, $1,000,000. 
OFFICE OF SPECL\L TRUSTEE FOR AMERICAN INDIANS 
FEDERAL TRUST PROGRAMS 
For operation of trust programs for Indians by direct expendi-
ture, contracts, cooperative agreements, compacts, and grants, 
$33,907,000, to remain available until expended: Provided, That 
funds for trust management improvements may be transferred to 
the Bureau of Indian Affairs: Provided further, That funds made 
available to tribes and tribal organizations through contracts or 
grants obligated during fiscal year 1998, as authorized by the 
Indian Self-Determination Act of 1975 (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 commence to run on any claim, 
including any claim in litigation pending on the date of the enact-
ment of this Act, concerning losses to or mismanagement of trust 
funds, until the affected tribe or individual Indian has been fur-
nished with an accounting of such funds from which the beneficiary 
can determine whether there has been a loss. 
I l l STAT. 1560 
PUBLIC LAW 105-83—NOV. 14, 1997 
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess 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: Pro-
vided further. That no programs funded with appropriated funds 
in the "Departmental Management", "Office of the Solicitor", and 
"Office of Inspector General" may be augmented through the Work-
ing 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 emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged 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 avail-
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further, That all funds used pursuant 
to this section are hereby designated by Congress to be "emergency 
requirements" pursuant to section 251(b)(2)(D) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, and must be 
replenished by a supplemental appropriation which must be 
requested as promptly as possible. 
SEC. 102. The Secretary may authorize the expenditure 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 unavoidable causes; for contingency planning subsequent 
to actual oilspills; response and natural resource damage assess-
ment activities related to actual oilspills; for the prevention, 
suppression, and control of actual or potential grasshopper 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 available to the Office of Surface Mining Reclama-
tion and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State 
is not carrying out the 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 obliga-
tions incurred during the preceding fiscal year, and for reimburse-
ment to other Federal agencies for destruction of vehicles, aircraft, 
or other equipment in connection with their use for fire suppression 
purposes, such reimbursement to be credited to appropriations cur-
rently available at the time of receipt thereof: Provided 
further. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1561 
That for emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority until 
funds appropriated to "Wildland Fire Management" shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be "emergency require-
ments" pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and must be replenished 
by a supplemental appropriation which must be requested as 
promptly as possible: Provided further. That such replenishment 
funds shall be used to reimburse, on a pro rata basis, accounts 
from which emergency funds were transferred. 
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 appropriations 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, equipment, 
and for services rendered may be credited to the appropriation 
current at the time such reimbursements are received. 
SEC. 104. Appropriations made to the Department of the 
Interior in this title shall be available for services as authorized 
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 
not to exceed $500,000; hire, maintenance, and operation of aircraft; 
hire of passenger motor vehicles; purchase of reprints; payment 
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and the payment 
of dues, when authorized by the Secretary, for library membership 
in societies or associations which issue publications to members 
only or at a price to members lower than to subscribers who 
are not members. 
SEC. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available 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. In fiscal year 1998 and thereafter, for those years 16USC460/-6a 
in which the recreation fee demonstration program authorized in note. 
Public Law 104-134 is in effect, the fee collection support authority 
provided in 16 U.S.C. 4601-6(i)(l)(B) applies only to parks not 
included in the fee demonstration program, and that the amount 
retained under this authority to cover fee collection costs will not 
exceed those costs at the non-demonstration parks, or 15 percent 
of all fees collected at non-demonstration parks in a fiscal year 
whichever is less. Fee collection costs for parks included in the 
fee demonstration program will be covered by the fees retained 
at those parks. 
SEC. 108. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore leasing 
and related activities placed under restriction 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. 
39-194 O - 97 - 16 : QL 3 Part 2 
I l l STAT. 1562 
PUBLIC LAW 105-83—NOV. 14, 1997 
SEC. 109. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore oil 
and natural gas preleasing, leasing, and related activities, on lands 
within the North Aleutian Basin planning area. 
SEC. 110. No funds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and natural 
gas preleasing, leasing and related activities in the eastern Gulf 
of Mexico planning area for any lands located outside Sale 181, 
as identified in the final Outer Continental Shelf 5-Year Oil and 
Gas Leasing Program, 1997-2002. 
SEC. 111. No funds provided in this title may be expended 
by the Department of the Interior to conduct oil and natural gas 
preleasing, leasing and related activities in the Mid-Atlantic and 
South Atlantic planning areas. 
SEC. 112. Advance payments made under this title to Indian 
tribes, tribal organizations, and tribal consortia pursuant to the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450 et seq.) or the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.) may be invested by the Indian tribe, tribal 
organization, or consortium before such funds are expended for 
the purposes of the grant, compact, or annual funding agreement 
so long as such funds are— 
(1) invested by the Indian tribe, tribal organization, or 
consortium only in obligations of the United States, or in obliga-
tions or securities that are guaranteed or insured by the United 
States, or mutual (or other) funds registered with the Securities 
and Exchange Commission and which only invest in obligations 
of the United States or securities that are guaranteed or insured 
by the United States; or 
(2) deposited only into accounts that are insured by an 
agency or instrumentality of the United States, or are fully 
collateralized to ensure protection of the Funds, even in the 
event of a bank failure. 
50 use 167 note. 
SEC. 113. (a) Employees of Helium Operations, Bureau of Land 
Management, entitled to severance pay under 5 U.S.C. 5595, may 
apply for, and the Secretary of the Interior may pay, the total 
amount of the severance pay to the employee in a lump sum. 
Employees paid severance pay in a lump sum and subsequently 
reemployed by the Federal Government shall be subject to the 
repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except that 
any repajmient shall be made to the Helium Fund. 
(b) Helium Operations employees who elect to continue health 
benefits after separation shall be liable for not more than the 
required employee contribution under 5 U.S.C. 8905a(d)(l)(A). The 
Helium Fund shall pay for 18 months the remaining portion of 
required contributions. 
(c) The Secretary of the Interior may provide for training to 
assist Helium Operations employees in the transition to other Fed-
eral or private sector jobs during the facility shut-down and disposi-
tion process and for up to 12 months following separation from 
Federal employment, including retraining and relocation incentives 
on the same terms and conditions as authorized for employees 
of the Department of Defense in section 348 of the National Defense 
Authorization Act for Fiscal Year 1995. 
(d) For purposes of the annual leave restoration provisions 
of 5 U.S.C. 6304(d)(1)(B), the cessation of helium production and 
sales, and other related Helium Program activities shall be deemed 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1563 
to create an exigency of public business under, and annual leave 
that is lost during leave j'ears 1997 through 2001 because of, 
5 U.S.C. 6304 (regardless of whether such leave was scheduled 
in advance) shall be restored to the employee and shall be credited 
and available in accordance with 5 U.S.C. 6304(d)(2). Annual leave 
so restored and remaining unused upon the transfer of a Helium 
Program employee to a position of the executive branch outside 
of the Helium Program shall be liquidated by payment to the 
employee of a lump sum from the Helium Fund for such leave. 
(e) Benefits under this section shall be paid from the Helium 
Fund in accordance with section 4(c)(4) of the Helium Privatization 
Act of 1996. Funds may be made available to Helium Program 
employees who are or will be separated before October 1, 2002 
because of the cessation of helium production and sales and other 
related activities. Retraining benefits, including retraining and 
relocation incentives, may be paid for retraining commencing on 
or before September 30, 2002. 
SEC. 114. None of the funds in this or previous appropriations 
Acts may be used to establish a new regional office in the United 
States Fish and Wildlife Service without the advance approval 
of the House and Senate Committees on Appropriations. 
SEC. 115. (a) CONVI']YANCE REQUIREMENT.—Within 90 days after 
the date of enactment of this Act, the Secretary of the Interior 
shall convey to the State of West Virginia without reimbursement, 
all right, title, and interest of the United States in and to the 
property described in subsection (b), for sole use by the Wildlife 
Resources Section of the West Virginia Division of Natural 
Resources, as part of the State of West Virginia fish culture pro-
gram. 
(b) PROPERTY DESCRIBED.—The property referred to in sub-
section (a) is the property known as the Bowden National Fish 
Hatchery, located on old United States Route 33, Randolph County, 
West Virginia, consisting of 44 acres (more or less), and all improve-
ments and related personal property under the control of the 
Secretary that is located on that property, including buildings, 
structures, equipment, and all easements, leases, and water rights 
relating to that property. 
(c) USE AND REVERSIONARY INTEREST.—The property conveyed 
to the State of West Virginia pursuant to this section shall be 
used and operated solely by the Wildlife Resources Section of the 
West Virginia Division of Natural Resources for the purposes of 
fishery resources management and fisheries-related activities, and 
if it is used for any other purposes or by any other party other 
than the use authorized under subsection (a), all right, title, and 
interest in and to all property conveyed under this section shall 
revert to the United States. The State of West Virginia shall ensure 
that the property reverting to the United States is in substantially 
the same or better condition as at the time of transfer. 
SEC. 116. Section 115 of Pubhc Law 103-332 is amended by 
inserting after the word "title" the following: "or provided fi-om 
other Federal agencies through reimbursable or other agreements 
pursuant to the Economy Act". 
SEC. 117. The third proviso under the heading "Compact of 
Free Association" of Public Law 100-446 is amended by striking 
"$2,000,000" and inserting "$2,500,000" and by adding at the end 
of the proviso the following: "and commencing on October 1, 1998 
and every year thereafter, this dollar amount shall be changed 
West Virginia. 
43 use 147 
If. 
102 Stat. 1798. 
I l l STAT. 1564 
PUBLIC LAW 105-83—NOV. 14, 1997 
Claims. 
Mines and 
mining. 
to reflect any fluctuation occurring during the previous twelve (12) 
months in the Consumer Price Index, as determined by the Sec-
retary of Labor". 
SEC. 118. Any funds made available in this Act or any other 
Act for tribal priority allocations (hereafter in this section "TPA") 
in excess of the funds expended for TPA in fiscal year 1997 (adjusted 
for fixed costs, internal transfers pursuant to other law, and pro-
posed increases to formula-driven programs not included in tribes' 
TPA base) shall only be available for distribution— 
(1) to each tribe to the extent necessary to provide that 
tribe the minimum level of funding recommended by the Joint-
Tribal/BIA/DOI Task Force on Reorganization of the Bureau 
of Indian Affairs Report of 1994 (hereafter "the 1994 Report") 
not to exceed $160,000 per tribe; and 
(2) to the extent funds remain, such funds will be allocated 
according to the recommendations of a task force comprised 
of 2 designated Federal officials and 2 tribgd representatives 
from each BIA area. These representatives shall be selected 
by the Secretary after considering a list of names of tribal 
leaders nominated and elected by the tribes in each area. 
The list of nominees shall be provided to the Secretary by 
October 31, 1997. If the tribes in an area fail to submit a 
list of nominees to the Secretary by October 31, 1997, the 
Secretary shall select representatives aft;er consulting with the 
BIA. In determining the allocation of remaining funds, the 
Task Force shall consider the recommendations and principles 
contained in the 1994 Report. If the Task Force cannot agree 
on a distribution by January 31, 1998, the Secretary shall 
distribute the remaining funds based on the recommendations 
of a majority of Task Force members no later than February 
28, 1998. If a majority recommendation cannot be reached, 
the Secretary in exercising his discretion shall distribute the 
remaining funds considering the recommendations of the Task 
Force members. 
SEC. 119. Section 116 of the Omnibus Appropriations Act for 
Fiscal Year 1997 (Public Law 104-208; 110 Stat. 3009-201) is 
amended— 
(1) by striking "Miners Hospital Grant" each place it 
appears and inserting in lieu thereof "Miners Hospital Grants"; 
(2) by striking "(February 20, 1929, 45 Stat. 1252)" each 
place it appears and inserting in lieu thereof "(July 16, 1894, 
28 Stat. 110 and February 20, 1929, 45 Stat. 1252)"; and 
(3) by striking "(July 26, 1894, 28 Stat. 110)" each place 
it appears and inserting in lieu thereof "(July 16, 1894, 28 
Stat. 110)". 
SEC. 120. Notwithstanding any other provision of law, 90 days 
after enactment of this section there is hereby vested in the United 
States all right, title and interest in and to, and the right of 
immediate possession of, all patented mining claims and valid 
unpatented mining claims (including any unpatented claim whose 
validity is in dispute, so long as such validity is later established 
in accordance with applicable agency procedures) in the area known 
as the Kantishna Mining District within Denali National Park 
and Preserve, for which all current owners (or the bankruptcy 
trustee as provided hereafter) of each such claim (for unpatented 
claims, ownership as identified in recordations under the mining 
laws and regulations) consent to such vesting in writing to the 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1565 
Secretary of the Interior within said 90-day period: Provided, That 
in the case of a mining claim in the Kantishna Mining District 
that is involved in a bankruptcy proceeding, where the bankruptcy 
trustee is a holder of an interest in such mining claim, such consent 
may only be provided and will be deemed timely for purposes 
of this section if the trustee applies within said 90-day period 
to the bankruptcy court or any other appropriate court for authority 
to sell the entire mining claim and to consent to the vesting of 
title to such claim in the United States pursuant to this section, 
and that in such event title in the entire mining claim shall vest 
in the United States 10 days after entry of an unstayed, final 
order or judgment approving the trustee's application: Provided 
further. That the United States shall pay just compensation to 
the aforesaid owners of any valid claims to which title has vested 
in the United States pursuant to this section, determined as of 
the date of taking: Provided further. That payment shall be in 
the amount of a negotiated settlement of the value of such claim 
or the valuation of such claim awarded by judgment, and such 
payment, including any deposits in the registry of the court, shall 
be made solely from the permanent judgment appropriation estab-
lished pursuant to section 1304 of title 31, United States Code, 
and shall include accrued interest on the amount of the agreed 
settlement value or the final judgment from the date of taking 
to the date of payment, calculated in accordance with section 258a 
of title 40, United States Code: Provided further. That the United 
States or a claim owner or bankruptcy trustee may initiate proceed-
ings after said 90-day period, but no later than six years after 
the date of enactment of this section, seeking a determination 
of just compensation in the District Court for the District of Alaska 
pursuant to the Declaration of Taking Act, sections 258a-e of title 
40, United States Code (except where inconsistent with this section), 
and joining all owners of the claim: Provided further. That when 
any such suit is instituted by the United States or the owner 
or bankruptcy trustee, the United States shall deposit as soon 
as possible in the registiy of the court the estimated just compensa-
tion, in accordance with the procedures generally described in sec-
tion 258a of title 40, United States Code, not otherwise inconsistent 
with this section: Provided further. That in establishing any esti-
mate for deposit in the court registry (other than an estimate 
based on an agency approved appraisal made prior to the date 
of enactment of this Act) the Secretary of the Interior shall permit 
the claim owner to present information to the Secretary on the 
value of the claim, including potential mineral value, and the Sec-
retary shall consider such information and permit the claim owner 
to have a reasonable and sufficient opportunity to comment on 
such estimate: Provided further. That the estimated just compensa-
tion deposited in the court registry shall be paid forthwith to 
the aforesaid owners upon application to the court: Provided further, 
That any payment from the court registry to the Eiforesaid owners 
shall be deducted from any negotiated settlement or award by 
judgment: Provided further. That the United States may not request 
the court to withhold any pa3niient from the court registry for 
environmental remediation with respect to such claim: Provided 
further. That the Secretary shall not allow any unauthorized use 
of claims acquired pursuant to this section after the date title 
vests in the United States pursuant to this section, and the Sec-
retary shall permit the orderly termination of all operations on 
I l l STAT. 1566 
PUBLIC LAW 105-83—NOV. 14, 1997 
the lands and the removal of equipment, facilities, and personal 
property by claim owners or bankruptcy trustee (as appropriate). 
SEC. 121. Section 1034 of PubHc Law 104-333 (110 Stat. 4093, 
4240) is amended by striking "at any time within 12 months of 
enactment of this Act" and inserting in lieu thereof "on or before 
October 1, 1998" and by inserting at the end of the section the 
following new sentence: "If such litigation is commenced, at the 
court trial, any party may introduce any relevant evidence bearing 
on the interpretation of the 1976 agreement.". 
SEC. 122. (a) KODIAK LAND VALUATION.—Notwithstanding the 
Refuge Revenue Sharing Act (16 U.S.C. 715s) or any regulations 
implementing such Act, the fair market value for the initial com-
putation of the payment to Kodiak Island Borough pursuant to 
such Act shall be based on the purchase price of the parcels acquired 
from Akhiok-Kaguyak, Incorporated, Koniag, Incorporated, and the 
Old Harbor Native Corporation for addition to the Kodiak National 
Wildlife Refuge. 
(b) REAPPRAISALS.—The fair market value of the parcels 
described in subsection (a) shall be reappraised by the Alaska 
Region of the United States Fish and Wildlife Service under the 
Refuge Revenue Sharing Act (16 U.S.C. 715s). Any such reapprais-
als shall be made in accordance with such Act and any other 
applicable law and regulation, and shall be effective for any pay-
ments made in fiscal year 1999. 
(c) EFFECTIVE DATE.—The fair market value computation 
required under subsection (a) shall be effective as of the date 
of the acquisition of the parcels described is such subsection. 
SEC. 123. ASSESSMENT OF FEES, (a) COMMISSION FUNDING.— 
Section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 
2717(a)) is amended— 
(1) in paragraph (1), by striking "class II gaming activity" 
and inserting "gaming operation that conducts a class II or 
class III gaming activity"; and 
(2) in paragraph (2)— 
(A) in subparagraph (A)(i), by striking "no less than 
0.5 percent nor" and inserting "no"; 
(B) in subparagraph (B), by striking "$1,500,000" and 
inserting "$8,000,000"; and 
25 use 2717 
(C) nothing in subsection (a) of this section shall apply 
"ote. 
to self-regulated tribes such as the Mississippi Band of 
Choctaw. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 19 of 
the 
Indian Gaming Regulatory Act (25 U.S.C. 2718) is amended— 
(1) in subsection (a), by striking "such sums as may be 
necessary" and inserting "for fiscal year 1998, and for each 
fiscal year thereafter, an amount equal to the amount of funds 
derived from the assessments authorized by section 18(a) for 
the fiscal year immediately preceding the fiscal year involved,"; 
and 
(2) by striking subsection (b) and inserting the following: 
"(b) Notwithstanding section 18, there are authorized to be 
appropriated to fund the operation of the Commission, $2,000,000 
for fiscal year 1998, and $2,000,000 for each fiscal year thereafter. 
The amounts authorized to be appropriated in the preceding 
sentence shall be in addition to the amounts authorized to be 
appropriated under subsection (a).". 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1567 
SEC. 124. (a) PRIORITY OF BONDS.—Section 3 of Public Law 
94-392 (90 Stat. 1193, 1195) is amended— 
48 USC 1574c. 
(1) by striking "priority for payment" and inserting "a 
parity lien with every other issue of bonds or other obligations 
issued for payment"; and 
(2) by striking "in the order of the date of issue". 
(b) APPLICATION.—The amendments made by subsection (a) 
48 USC I574c. 
shall apply to obligations issued on or after the date of enactment 
of this section. 
(c) SHORT TERM BORROWING.—Section 1 of Public Law 
94-
392 (90 Stat. 1193) is amended by adding the following new 48 USC 1574a 
subsection at the end: 
"(d) The legislature of the Government of the Virgin Islands 
may cause to be issued notes in anticipation of the collection of 
the taxes and revenues for the current fiscal year. Such notes 
shall mature and be paid within one year from the date they 
are issued. No extension of such notes shall be valid and no addi-
tional notes shall be issued under this section until all notes issued 
during a preceding year shall have been paid.". 
SEC. 125. (a) In this section— 
Kansas. 
(1) the term "Huron Cemetery" means the lands that form 
the cemetery that is popularly known as the Huron Cemetery, 
located in Kansas City, Kansas, as described in subsection 
(b)(3); and 
(2) the term "Secretary" means the Secretary of the 
Interior. 
(b)(1) The Secretary shall take such action as may be necessary 
to ensure that the lands comprising the Huron Cemetery (as 
described in paragraph (3)) are used only in accordance with this 
subsection. 
(2) The lands of the Huron Cemetery shall be used only— 
(A) for religious and cultural uses that are compatible 
with the use of the lands as a cemetery; and 
(B) as a burial ground. 
(3) The description of the lands of the Huron Cemetery is 
as follows: 
The tract of land in the NW V4 of sec. 10, T. 11 S., 
R. 25 E., of the sixth principal meridian, in Wyandotte County, 
Kansas (as surveyed and marked on the ground on August 
15, 1888, by William Millor, Civil Engineer and Surveyor), 
described as follows: 
"Commencing on the Northwest comer of the North-
west Quarter of the Northwest Quarter of said Section 
10; 
"Thence South 28 poles to the 'true point of beginning'; 
"Thence South 71 degrees East 10 poles and 18 links; 
"Thence South 18 degrees and 30 minutes West 28 
poles; 
"Thence West 11 and one-half poles; 
"Thence North 19 degrees 15 minutes East 31 poles 
and 15 feet to the 'true point of beginning', containing 
2 acres or more.". 
SEC. 126. ARKANSAS POST NATIONAL MEMORIAL.—(a) The i6 use 431 note, 
boundaries of the Arkansas Post National Memorial are revised 
to include the approximately 360 acres of land generally depicted 
on the map entitled "Arkansas Post National Memorial, Osotouy 
Unit, Arkansas County, Arkansas" and dated June 1993. Such 
I l l STAT. 1568 
PUBLIC LAW 105-83—NOV. 14, 1997 
Petroleum and 
petroleum 
products. 
Alaska. 
42 use 6508. 
map shall be on file and available for public inspection in appro-
priate offices of the National Park Service of the Department of 
the Interior. 
(b) The Secretary of the Interior is authorized to acquire the 
lands and interests therein described in subsection (a) by donation, 
purchase with donated or appropriated funds, or exchange: Pro-
vided, That such lands or interests therein may only be acquired 
with the consent of the owner thereof. 
SEC. 127. For the sole purpose of accessing park or other 
authorized visitor services or facilities at, or originating from, the 
public dock area at Bartlett Cove, the National Park Service shall 
initiate a competitive process by which the National Park Service 
shall allow one entry per day for a passenger ferry into Bartlett 
Cove from Juneau: Provided, That any passenger ferry allowed 
entry pursuant to this Act shall be subject to speed, distance from 
coast lines, and other limitations imposed necessary to protect 
E
ark resources: Provided further. That nothing in this Act shall 
e construed as constituting approval for entry into the waters 
of Glacier Bay National Park and Preserve beyond the immediate 
Bartlett Cove Eirea as defined by a line extending northeastward 
from Point Carolus to the west to the southernmost point of Lester 
Islgmd, absent required permits. 
SEC. 128. Title I of Public Law 96-514 (94 Stat. 2957) is 
amended under the heading "Exploration of National Petroleum 
Reserve in Alaska" by striking "(8) each lease shall be issued" 
through the end of the first paragraph and inserting in lieu thereof 
the following: "(8) each lease shall be issued for an initial period 
of ten years, and shall be extended for so long thereafter as oil 
or gas is produced from the lease in paying quantities, or as drilling 
or reworking operations, as approved by the Secretary, are con-
ducted thereon; (9) for purposes of conservation of the natural 
resources of any oil or gas pool, field, or like area, or any part 
thereof, lessees thereof and their representatives are authorized 
to unite with each other, or jointly or separately with others, in 
collectively adopting and operating imder a xinit agreement for 
such pool, field, or like area, or any part thereof (whether or 
not any other part of said oil or gas pool, field, or like area is 
already subject to any cooperative or unit plan of development 
or operation), whenever determined by the Secretary to be necessary 
or advisable in the public interest. Drilling, production, and well 
reworking operations performed in accordance with a unit agree-
ment shadl be deemed to be performed for the benefit of all leases 
that are subject in whole or in part to such \uiit agreement. When 
separate tracts cannot be independently developed and operated 
in conformity with an established well spacing or development 
f
)rogram, any lease, or a portion thereof, may be pooled with other 
anas, whether or not owned by the United States, under a 
communitization or drilling agreement providing for an apportion-
ment of production or royalties among the separate tracts of land 
comprising the drilling or spacing unit when determined by the 
Secretary of the Interior to be in the public interest, and operations 
or production pursuant to such an agreement shall be deemed 
to be operations or production as to each such lease committed 
thereto; (10) to encourage the greatest ultimate recovery of oil 
or gas or in the interest of conservation the Secretary is authorized 
to waive, suspend, or reduce the rental, or minimum royalty, or 
reduce the royalty on an entire leasehold, including on any lease 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1569 
operated pursuant to a unit agreement, whenever in his judgment 
the leases cannot be successfully operated under the terms provided 
therein. The Secretary is authorized to direct or assent to the 
suspension of operations and production on any lease or unit. In 
the event the Secretary, in the interest of conservation, shall direct 
or assent to the suspension of operations and production on any 
lease or unit, any pajonent of acreage rental or minimum royalty 
prescribed by such lease or unit likewise shall be suspended during 
the period of suspension of operations and production, and the 
term of such lease shall be extended by adding any such suspension 
period thereto; and (11) all receipts from sales, rentals, bonuses, 
and royalties on leases issued pursuant to this section shall be 
paid into the Treasury of the United States: Provided, That 50 
percent thereof shall be paid by the Secretary of the Treasury 
semiannually, as soon thereafter as practicable after March 30 
and September 30 each year, to the State of Alaska for: (A) planning; 
(B) construction, maintenance, and operation of essential public 
facilities; and (C) other necessary provisions of public service: Pro-
vided further. That in the allocation of such funds, the State shall 
give priority to use by subdivisions of the State most directly 
or severely impacted by development of oil and gas leased under 
this Act.". 
SEC. 
129. 
LIMITATIONS ON CERTAIN INDIAN GAMING OPER-
ATIONS, (a) DEFINITIONS.—^For purposes of this section, the following 
definitions shall apply: 
(1) CLASS HI GAMING.—^The term "class III gaming" has 
the meaning provided that term in section 4(8) of the Indian 
Gaming Regulatory Act (25 U.S.C. 2703(8)). 
(2) INDIAN TRIBE.—^The term "Indian tribe" has the meaning 
provided that term in section 4(e) of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450(e)). 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of the Department of the Interior. 
(4) TRIBAL-STATE COMPACT.—The term "Tribal-State com-
pact" means a Tribal-State compact referred to in section 11(d) 
of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)). 
(b) CLASS III GAMING COMPACTS.— 
(1) IN GENERAL.— 
(A) PROHIBITION.—^During fiscal year 1998, the Sec-
retEiry may not expend any funds made available under 
this Act to review or approve any initial Tribal-State com-
pact for class III gaming entered into on or after the 
date of enactment of this Act. This provision shall not 
apply to any Tribal-State compact which has been approved 
by a State in accordance with State law and the IndiEin 
Gaming Regulatory Act. 
(B) RULE OF CONSTRUCTION.—Nothing in this para-
graph may be construed to prohibit the review or approval 
by the Secretary of a renewal or revision of, or amendment 
to a Tribal-State compact that is not covered under 
subparagraph (A). 
(2) TRIBAL-STATE COMPACTS.—During fiscal year 1998, not-
withstanding any other provision of law, no Tribal-State com-
pact for class III gaming shall be considered to have been 
approved by the Secretary by reason of the failure of the Sec-
retary to approve or disapprove that compact. This provision 
shall not apply to any Tribal-State compact which has been 
I l l STAT. 1570 
PUBLIC LAW 105-83—NOV. 14, 1997 
approved by a State in accordance with State law and the 
Indian Gaming Regulatory Act. 
SEC. 
130. 
SENSE 
OF THE 
SENATE 
CONCERNING 
INDIAN 
GAMING.—It is the sense of the Senate that the United States 
Department of Justice should vigorously enforce the provisions of 
the Indian Gaming Regulatory Act requiring an approved Tribal-
State gaming compact prior to the initiation of class III gaming 
on Indian lands. 
SEC. 131. No funds provided in this or any other Act may 
be expended for the promulgation of a proposed or final rule to 
amend or replace the National Indian Gaming Commission's defini-
tion regulations located at 25 CFR 502.7 and 502.8. 
16 use 715s 
SEC. 132. Notwithstanding any other provision of law, hereafter 
™te. 
the United States Fish and Wildlife Service may disburse to local 
entities impact funding pursuant to Refuge Revenue Sharing that 
is associated with Federal real property transferred to the United 
States Geological Survey from the United States Fish and Wildlife 
Service. 
SEC. 133. CONVEYANCE OF LAND TO LANDER COUNTY, NEVADA. 
(a) CONVEYANCE.—^Not later than the date that is 120 days after 
the date of enactment of this Act, the Secretary of the Interior, 
acting through the Director of the Bureau of Land Management, 
shall convey to Lander County, Nevada, without consideration, 
all right, title, and interest of the United States, subject to all 
valid existing rights and to the rights-of-way described in subsection 
(b), in the property described as T. 32 N., R. 45 E., sec. 18, lots 
3, 4, 11, 12, 16, 17, 18, 19, 20 and 21, Mount Diablo Meridian. 
(b) RIGHTS-OF-WAY.—^The property conveyed under subsection 
(a) shall be subject to— 
(1) the right-of-way for Interstate 80; 
(2) the 33-foot wide right-of-way for access to the Indian 
cemetery included under Public Law 90-71 (81 Stat. 173); 
and 
(3) the following rights-of-way granted by the Secretary 
of the Interior: 
NEV-010937 (powerline). 
NEV-066891 (powerline). 
NEV-35345 (powerline). 
N-7636 (powerline). 
N-56088 (powerline). 
N-57541 (fiber optic cable). 
N-55974 (powerline). 
(c) REQUIREMENT.—^The property described in this section shall 
be used for public purposes and should the property be sold or 
used for other than public purposes, the property shall revert to 
the United States. 
SEC. 134. CONVEYANCE OF CERTAIN BUREAU OF LAND MANAGE-
MENT LANDS IN CLARK COUNTY, NEVADA, (a) FINDINGS.—Congress 
finds that— 
(1) certain landowners who own property adjacent to land 
managed by the Bureau of Land Management in the North 
Decatur Boulevard area of Las Vegas, Nevada, bordering on 
North Las Vegas, have been adversely affected by certain erro-
neous private land surveys that the landowners believed were 
accurate; 
PUBLIC l A W 105-83—NOV. 14, 1997 
111 STAT. 1571 
(2) the landowners have occupied or improved their prop-
erty in good faith reUance on the erroneous surveys of the 
properties; 
(3) the landowners believed that their entitlement to occu-
pancy was finally adjudicated by a Judgment and Decree 
entered by the Eighth Judicial District Court of Nevada on 
October 26, 1989; 
(4) errors in the private surveys were discovered in connec-
tion with a dependent resurvey and section subdivision con-
ducted by the Bureau of Land Management in 1990, which 
established accurate boundaries between certain 
federally 
owned properties and private properties; and 
(5) the Secretary has authority to sell, and it is appropriate 
that the Secretary should sell, based on an appraisal of the 
fair market value as of December 1, 1982, the properties 
described in section 2(b) to the adversely affected landowners, 
(b) CONVEYANCE OF PROPERTIES.— 
(1) PURCHASE OFFERS.— 
(A) IN GENERAL.—^Not later than 1 year after the date 
of enactment of this Act, the city of Las Vegas, Nevada, 
on behalf of the owners of real property located adjacent 
to the properties described in paragraph (2), may submit 
to the Secretary of the Interior, acting through the Director 
of the Bureau of Land Management (referred to in this 
Act as the "Secretary"), a written offer to purchase the 
properties. 
(B) INFORMATION TO ACCOMPANY OFFER.—^An offer 
under subparagraph (A) shall be accompeinied by— 
(i) a description of each property offered to be 
purchased; 
(ii) information relating to the claims of ownership 
of the property based on an erroneous land survey; 
and 
(iii) such other information as the Secretary may 
require. 
(2) DESCRIPTION OF PROPERTIES.—^The properties described 
in this paragraph, containing 37.36 acres, more or less, are— 
(A) Government lots 22, 23, 26, and 27 in sec. 18, 
T. 19 S., R. 61 E., Mount Diablo Meridian; 
(B) Government lots 20, 21, and 24 in sec. 19, T. 
19 S., R. 61 E., Mount Diablo Meridian; and 
(C) Those lands encroached upon in Grovemment lot 
1 in sec. 24, T. 19 S., R. 60 E., Mount Diablo Meridian, 
containing approximately 8 acres. 
(3) CONVEYANCE.— 
(A) IN GENERAL.—Subject to the condition stated in 
subparagraph (B), the Secretary shsill convey subject to 
valid existing rights to the city of Las Vegas, Nevada, 
all right, title, and interest of the United States in and 
to the properties offered to be purchased under paragraph 
(1) on payment by the city of the fair market value of 
the properties, based on an appraisal of the fair market 
value as of December 1, 1982, approved by the Secretary. 
(B) CONDITION.—Properties shall be conveyed under 
subparagraph (A) subject to the condition that the city 
convey the properties to the landowners who were adversely 
I l l STAT. 1572 
PUBLIC LAW 105-83—NOV. 14, 1997 
affected by reliance on erroneous surveys as described in 
subsection (a). 
SEC. 135. (a) Notwithstanding any other provision of law, the 
Secretary of the Interior is directed to accept full title to approxi-
mately 84 acres of land located in Prince Georges County, Maryland, 
adjacent to Oxon Cove Park, and bordered generally by the Potomac 
River, Interstate 295 and the Woodrow Wilson Bridge, and in 
exchange therefor shall convey to the Corrections Corporation of 
America all of the interest of the United States in approximately 
42 acres of land located in Oxon Cove Park in the District of 
Columbia, and bordered generally by Oxon Cove, Interstate 295 
and the District of Columbia Impound Lot. 
(b) The Secretary shall not acquire any lands under this section 
if the Secretary determines that the lands or any portion thereof 
have become contaminated with hazardous substances (as defined 
in the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601)). 
(c) Notwithstanding any other provision of law, the United 
States shall have no responsibility or liability with respect to any 
hazardous wastes or other substances placed on any of the lands 
covered by this section after their transfer to any party, but nothing 
in this section shall be construed as either diminishing or increasing 
any responsibility or liability of the United States based on the 
condition of such lands on the date of their transfer to the ownership 
of another party: Provided, That the Corrections Corporation of 
America shall indemnify the United States for liabilities arising 
under the Comprehensive Environmental Response, Compensation, 
and Liability Act (42 U.S.C. 9601) and the Resource Conservation 
Recovery Act (42 U.S.C. 9601 et seq.). 
(d) The properties so exchanged shall be equal in fair market 
value or if they are not approximately equal, the Corrections Cor-
poration of America shall equalize the values by the pajrment of 
cash to the Secretary and any such payments shall be deposited 
to credit of "Miscellaneous Trust Funds, National Park Service" 
and shall be available without further appropriation until expended 
for the acquisition of land within the National Park System. No 
equalization shall be required if the value of the property received 
by the Secretary is more than that transferred by the Secretary. 
(e) Costs of conducting necessary land surveys, preparing the 
legal descriptions of the lands to be conveyed, appraisals, deeds, 
other necessary documents, and administrative costs shall be borne 
by the Corporation. The required appraisals shall be conducted 
in accordance with 43 CFR 2201.3-1, 2201.3-3, and 2201.3-4. 
(f) Following any exchange authorized by this provision, the 
boundaries of the Park System of the Nation's Capital are hereby 
amended to reflect the property added to and deleted from that 
System. 
University of 
SEC. 136. The National Park Service shall, within 30 days 
Alaska 
of enactment of this Act, begin negotiations with the University 
Fairbanks. 
^^ Alaska Fairbanks, School of Mineral Engineering, to determine 
the compensation that shall be paid by the National Park Service, 
within funds appropriated to the National Park Service in this 
Act, or within unobligated balsmces of funds appropriated in prior 
appropriations Acts, to the University of Alaska Fairbanks, School 
of Mineral Engineering, for facilities, equipment, and interests 
owned by the University that were destroyed by the Federal Govern-
ment at the Stampede Mine Site within the boundaries of Denali 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1573 
National Park and Preserve: Provided, That if the National Park 
Service and the University of Alaska Fairbanks, School of Mineral 
Engineering, fail to reach a negotiated settlement within 90 days 
of commencing negotiations, then the National Park Service shall 
submit a formal request to the Director of the Office of Hearings 
and Appeals, Department of the Interior, for the purpose of entering 
into third-party mediation to be conducted in accordance with the 
Department of the Interior's final policy applicable to alternative 
dispute resolution: Provided further, That any payment made by 
the National Park Service to the University of Alaska Fairbanks, 
School of Mineral Engineering, shall fully satisfy the claims of 
the University of Alaska Fairbanks, School of Mineral Engineering; 
and that the University of Alaska Fairbanks, School of Mineral 
Engineering, shall convey to the Secretary of the Interior all prop-
erty rights in such facilities, equipment and interests: Provided 
further. That the Secretary of the Army shall provide, at no cost, 
two six-by-six vehicles, in excellent operating condition, or equiva-
lent equipment to the University of Alaska Fairbanks, School of 
Mineral Engineering, and shall construct a bridge across the Bull 
River to the Golden Zone Mine Site to allow ingress and egress 
for the activities conducted by the School of Mineral Engineering. 
TITLE II—RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST AND RANGELAND RESEARCH 
For necessary expenses of forest and rangeland research as 
authorized by law, $187,944,000, to remain 
available 
until 
expended. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions, 
and others, and for forest health management, cooperative forestry, 
and education and land conservation activities, $161,237,000, to 
remain available until expended, as authorized by law: Provided, 
That of funds available under this heading for Pacific Northwest 
Assistance in this or prior appropriations Acts, $800,000 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: Provided fur-
ther, That activities conducted pursuant to funds provided herein 
for the Alaska Spruce Bark Beetle task force shall be exempt 
from the requirements of the Federal Advisory Committee Act. 
NATIONAL FOREST SYSTEM 
For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, for forest planning, inventory, 
and monitoring, and for administrative expenses associated with 
the management of funds provided under the headings "Forest 
and Rangeland Research", "State and Private Forestry", "National 
Forest System", "Wildland Fire Management", "Reconstruction and 
I l l STAT. 1574 
PUBLIC LAW 105-83—NOV. 14, 1997 
I 
Construction", and "Land Acquisition", $1,348,377,000, to remain 
available until expended, which shall include 50 percent of all 
moneys received during prior fiscal years as fees collected under 
the Land and Water Conservation Fund Act of 1965, as amended, 
in accordance with section 4 of the Act (16 U.S.C. 4601-6a(i)): 
Provided, That up to $10,000,000 of the funds provided herein 
for road maintenance shall be available for the planned obliteration 
of roads which are no longer needed: Provided farther, That funds 
may be used to construct or reconstruct facilities of the Forest 
Service: Provided further. That no more than $250,000 shall be 
used on any single project, exclusive of planning and design costs: 
Provided further. That any such project must be approved by the 
House and Senate Committees on Appropriations in compliance 
with the reprogramming procedures contained in House Report 
Reports. 
105-163: Provided further. That the Forest Service shall report 
annually to Congress the amount obligated for each project, and 
the total dollars obligated during the year. 
WILDLAND FIRE MANAGEMENT 
For necessary expenses for forest fire presuppression activities 
on National Forest System lands, for emergency fire suppression 
on or adjacent to such lands or other lands under fire protection 
agreement, and for emergency rehabilitation 
of burned-over 
National Forest System lands, $584,707,000 to remain available 
until expended: Provided, That such funds are available for repay-
ment of advances from other appropriations accounts previously 
transferred for such purposes. 
RECONSTRUCTION AND CONSTRUCTION 
For necessary expenses of the Forest Service, not otherwise 
provided for, $166,045,000 to remain available until expended for 
construction, reconstruction and acquisition of buildings and other 
facilities, and for construction, reconstruction and repair of forest 
roads and trails by the Forest Service as authorized by 16 U.S.C. 
532-538 and 23 U.S.C. 101 and 205. 
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. 
4601-4 through 11), including administrative expenses, and for 
acquisition of land or waters, or interest therein, in accordance 
with 
statutory 
authority 
applicable 
to the 
Forest 
Service, 
$52,976,000, to be derived from the Land and Water Conservation 
Fund, to remain avEiilable 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, California, as authorized by law, 
$1,069,000, to be derived from forest receipts. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1575 
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, such sums, to be derived from funds 
deposited 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, protection, and 
improvement, 50 percent of all moneys received during the prior 
fiscal year, as fees for grazing domestic 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 percent 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 estab-
lished pursuant to the above Act. 
MIDEWIN NATIONAL TALLGRASS PRAIRIE RESTORATION FUND 
All funds collected for admission, occupancy, and use of the 
Midewin National Tallgrass Prairie, and the salvage value proceeds 
from sale of any facilities and improvements pursuant to sections 
2915(d) and (e) of Public Law 104-106, are hereby appropriated 
and made available until expended for the necessary expenses of 
restoring and administering the Midewin National Tallgrass Prairie 
in accordance with section 2915(f) of the Act. 
ADMINISTRATIVE PROVISIONS, FOREST SERVICE 
Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 159 passenger 
motor vehicles of which 22 will be used primarily for law enforce-
ment purposes and of which 156 shall be for replacement; acquisi-
tion of 25 passenger motor vehicles from excess sources, and hire 
of such vehicles; operation and maintenance of aircraft, the purchase 
of not to exceed two for replacement only, and acquisition of 20 
aircraft from excess sources notwithstanding other provisions of 
law, existing aircraft being replaced may be sold, with proceeds 
derived or trade-in value used to offset the purchase price for 
the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, 
and not to exceed $100,000 for employment under 5 U.S.C. 3109; 
(3) purchase, erection, and alteration of buildings and other public 
improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and 
interests therein, pursuant to 7 U.S.C. 428a; (5) for expenses pursu-
ant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 
558a, 558d, and 558a note); (6) the cost of uniforms as authorized 
by 5 U.S.C. 5901-5902; and (7) 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. 
I l l STAT. 1576 
PUBLIC LAW 105-83—NOV. 14, 1997 
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, Department of Agriculture 
without the consent of the House and Senate Committees on Appro-
priations. 
Any appropriations or funds available to the Forest Service 
may be advanced to the Wildland Fire Management appropriation 
and may be used for forest firefighting and the emergency 
rehabilitation of burned-over or damaged lands or waters under 
its jurisdiction. 
Funds appropriated to the Forest Service shall be available 
for assistance to or through the Agency for International Develop-
ment 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, edu-
cation 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 provisions of section 
702(b) of the Department of Agriculture Organic Act of 1944 (7 
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is 
approved in advance by the House and Senate Committees on 
Appropriations in compliance with the reprogramming procedures 
contained in the report accompanying this bill. 
None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and 
Senate Committees on Appropriations in accordance with the proce-
dures contained in the report accompanying this bill. 
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 Forest Service. 
Notwithstanding any other provision of law, any appropriations 
or funds available to the Forest Service may be used to disseminate 
program information to private and public individuals and organiza-
tions through the use of nonmonetary items of nominal value and 
to provide nonmonetary awards of nominal value and to incur 
necessary 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 reimburse-
ment of administrative and other costs incurred in processing pipe-
line right-of-way or permit applications and for costs incurred in 
monitoring the construction, operation, maintenance, and termi-
nation of any pipeline and related facilities, may be used to 
reimburse 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 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1577 
excess of 25 percent of the fiscal year 1989 harvested volume 
in the Wayne National Forest, Ohio: Provided, That this limitation 
shall not apply to hardwood stands damaged by natural disaster: 
Provided further, That landscape architects shall be used to main-
tain a visually pleasing forest. 
Any money collected from the States for fire suppression assist-
ance rendered by the Forest Service on non-Federal lands not 
in the vicinity of National Forest System lands shall be used to 
reimburse the applicable appropriation and shall remain available 
until expended as the Secretary may direct in conducting activities 
authorized by 16 U.S.C. 2101 note, 2101-2110, 1606, and 2111. 
Of the funds available to the Forest Service, $1,500 is available 
to the Chief of the Forest Service for official reception and represen-
tation expenses. 
Notwithstanding any other provision of law, the Forest Service 
is authorized to employ or otherwise contract with persons at regu-
lar rates of pay, as determined by the Service, 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 regular 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 sheill be used for preparation of 
timber sales using clearcutting or other forms of even-aged manage-
ment in hardwood stands in the Shawnee National Forest, Illinois. 
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to $2,250,000 
may be advanced in a lump sum as Federal financial assistance 
to the National Forest Foundation, without regard to when the 
Foundation incurs expenses, for administrative expenses or projects 
on or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That of the Federal funds made avail-
able to the Foundation, no more than $750,000 shall be available 
for administrative expenses: Provided further. That the Foundation 
shall obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds 
made available by the Forest Service: Provided further. That the 
Foundation may transfer Federal funds to a recipient of Federal 
financial assistance for a project at the same rate that the recipient 
has obtained the non-Federal matching funds: Provided 
further. 
That hereafter, the National Forest Foundation may hold Federal 
l6USC583j-9. 
funds made available but not immediately disbursed and may use 
any interest or other investment income earned (before, on, or 
after the date of enactment of this Act) on Federal funds to carry 
out the purposes of Public Law 101-593: Provided further, That 
such investments may be made only in interest-bearing obligations 
of the United States or in obligations guaranteed as to both principal 
and interest by the United States. 
Pursuant to section 2(b)(2) of Public Law 98-244, up to 
$2,000,000 of the funds available to the Forest Service shall be 
available for matching funds, as authorized by 16 U.S.C. 3701-
3709, and may be advanced in a lump sum as Federal financial 
assistance, without regard to when expenses are incurred, for 
projects on or benefitting National Forest System lands or related 
to Forest Service programs: Provided, That the Foundation shall 
obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds 
Ill STAT. 1578 
PUBLIC LAW 105-83—NOV. 14, 1997 
advanced by the Forest Service: Provided further. That the Founda-
tion may transfer Federal funds to a recipient of Federal financial 
assistance for a project at the same rate that the recipient has 
obtained the non-Federal matching funds. 
Funds appropriated to the Forest Service shall be available 
for interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes. 
Notwithstanding any other provision of law, 80 percent of the 
funds appropriated to the Forest Service in the "National Forest 
System" and "Reconstruction 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 accomplishment 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. 
Funds appropriated to the Forest Service shall be available 
for payments to counties within the Columbia River Gorge National 
Scenic Area, pursuant to sections 14(c)(1) and (2), and section 
16(a)(2) of Public Law 99-663. 
Any funds available to the Forest Service may be used for 
retrofitting the Commanding Officer's Building (S-2), to accommo-
date the relocation of the Forest Supervisor's Office for the San 
Bernardino National Forest: Provided, That funds for the move 
must come from funds otherwise available to Region 5: Provided 
further. That any funds to be provided for such purposes shall 
only be available upon approval of the House and Senate Commit-
tees on Appropriations. 
The Secretary of Agriculture is authorized to enter into grants, 
contracts, and cooperative agreements as appropriate with the Pin-
chot Institute for Conservation, as well as with public and other 
private agencies, organizations, institutions, and individuals, to pro-
vide for the development, administration, maintenance, or restora-
tion of land, facilities, or Forest Service programs, at the Grey 
Towers National Historic Landmark: Provided, That, subject to 
such terms and conditions as the Secretary of Agriculture may 
prescribe, any such public or private agency, organization, institu-
tion, or individual may solicit, accept, and administer private gifts 
of money and real or personal property for the benefit of, or in 
connection with, the activities and services at the Grey Towers 
National Historic Landmark: Provided further. That such gifts may 
be accepted notwithstanding the fact that a donor conducts business 
with the Department of Agriculture in any capacity. 
Funds appropriated to the Forest Service shall be available, 
as determined by the Secretary, for payments to Del Norte County, 
California, pursuant to sections 13(e) and 14 of the Smith River 
National Recreation Area Act (Public Law 101-612). 
For purposes of the Southeast Alaska Economic Disaster Fund 
as set forth in section 101(c) of Public Law 104-134, the direct 
grants provided in subsection (c) shall be considered direct payments 
for purposes of all applicable law except that these direct grants 
may not be used for lobbying activities. 
No employee of the Department of Agriculture may be detailed 
or assigned from an agency or office funded by this Act to any 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1579 
other agency or office of the Department for more than 30 days 
unless the individual's employing agency or office 
is 
fully 
reimbursed by the receiving agency or office for the salary and 
expenses of the employee for the period of assignment. 
No funds appropriated under this or any other Act for the 
purpose of operations conducted at the Forest Service Region 10 
headquarters, including those funds identified for centralized field 
costs for employees of this office, shall be obligated or expended 
in excess of $17,500,000 from the total funds appropriated for 
Region 10, without 60 days prior notice to Congress. Funds appro-
priated by this Act to implement the Revised Tongass National 
Forest Land Management Plan, shall be spent and obligated at 
the Forest Supervisor and Ranger District levels, with the exception 
of specific management and oversight expenses, provided such 
expenses are included in the funding ceiling of $17,500,000. 
DEPARTMENT OF ENERGY 
CLEAN COAL TECHNOLOGY 
(RESCISSION) 
Of the funds made available under this heading for obligation 
in fiscal year 1997 or prior years, $101,000,000 are rescinded: 
Provided, That funds made available in previous appropriations 
Acts shall be available for any ongoing project regardless of the 
separate request for proposal under which the project was selected. 
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 defeasible and equitable interests 
in any real property or any facility or for plant or facility acquisition 
or expansion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, use, and 
disposal of mineral substances without objectionable social and 
environmental costs (30 U.S.C. 3, 1602, and 1603), performed under 
the minerals and materials science programs at the Albany 
Research Center in Oregon, $362,403,000, 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) 
Moneys 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, 1997, shall 
be deposited in this account and immediately transferred to the 
general fund of the Treasury. Moneys received as revenue sharing 
from operation of the Great Plains Gasification Plant shall be 
immediately transferred to the general fund of the Treasury. 
I l l STAT. 1580 
PUBLIC LAW 105-83—NOV. 14, 1997 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For necessary expenses in carrying out naval petroleum and 
oil shale reserve activities, $107,000,000, and such sums as are 
necessary to operate Naval Petroleum Reserve Numbered 1 between 
May 16, 1998 and September 30, 1998, to remain available until 
expended: Provided, That notwithstanding any other provision of 
law, revenues received from use and operation of Naval Petroleum 
Reserve Numbered 1 in excess of $163,000,000 shall be used to 
offset the costs of operating Naval Petroleum Reserve Numbered 
1 between May 16, 1998 and September 30, 1998: Provided 
further, 
That revenues retained pursuant to the first proviso under this 
heading in Public Law 102-381 (106 Stat. 1404) shall be imme-
diately transferred to the general fund of the Treasury: Provided 
10 use 7430 
further. That the requirements of 10 U.S.C. 7430(b)(2)(B) shall 
iiote. 
not apply to fiscal year 1998. 
ENERGY CONSERVATION 
For necessary expenses in carrying out energy conservation 
activities, $611,723,000, to remain available until expended, includ-
ing, notwithstanding any other provision of law, the excess amount 
for fiscal year 1998 determined under the provisions of section 
3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That 
$155,095,000 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 notwithstanding sec-
tion 3003(d)(2) of Public Law 99-509 such sums shall be allocated 
to the eligible programs as follows: $124,845,000 for weatherization 
assistance grants and $30,250,000 for State energy conservation 
grants. 
ECONOMIC REGULATION 
For necessary expenses in carrying out the activities of the 
Office of Hearings and Appeals, $2,725,000, to remain available 
until expended. 
STRATEGIC PETROLEUM RESERVE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities 
pursuant to the Energy Policy and Conservation Act of 1975, as 
amended (42 U.S.C. 6201 et seq.), $207,500,000, to remain available 
until expended, of which $207,500,000 shall be repaid from the 
"SPR Operating Fund" from amounts made available from the 
sale of oil from the Reserve: Provided, That notwithstanding section 
161 of the Energy Policy and Conservation Act of 1975, the Sec-
retary shall draw down and sell in fiscal year 1998, $207,500,000 
worth of oil from the Strategic Petroleum Reserve: Provided further. 
That the proceeds from the sale shall be deposited into the "SPR 
Operating Fund", and shall, upon receipt, be transferred to the 
Strategic Petroleum Reserve account for operations of the Strategic 
Petroleum Reserve. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1581 
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 outlays in fiscal year 1998 
resulting from the use of funds in this account shall not exceed 
$5,000,000. 
ENERGY INFORMATION ADMINISTRATION 
For necessary expenses in carrying out the activities of the 
Energy Information Administration, $66,800,000, to remain avail-
able until expended. 
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY 
Appropriations under this Act for the current fiscal year shall 
be available for hire of passenger motor vehicles; hire, maintenance, 
and operation of aircraft; purchase, repair, and cleaning of uniforms; 
and reimbursement to the General Services Administration for secu-
rity guard services. 
From appropriations under this Act, transfers of sums may 
be made to other agencies of the Govemment for the performance 
of work for which the appropriation is made. 
None of the funds made available to the Department of Energy 
under this Act shall be used to implement or finance authorized 
price support or loan guarantee programs unless specific provision 
is made for such programs in an appropriations Act. 
The Secretary is authorized to accept lands, buildings, equip-
ment, and other contributions from public and private sources and 
to prosecute projects in cooperation with other agencies. Federal, 
State, private or foreign: Provided, That revenues and other moneys 
received by or for the account of the Department of Energy or 
otherwise generated by sale of products in connection with projects 
of the Department appropriated under this Act may be retained 
by the Secretary of Energy, to be available until expended, and 
used only for plant construction, operation, costs, and payments 
to cost-sharing entities as provided in appropriate cost-sharing con-
tracts or agreements: Provided further. That the remainder of reve-
nues after the making of such payments shall be covered into 
the Treasury as miscellaneous receipts: Provided further. That any Reports, 
contract, agreement, or provision thereof entered into by the Sec-
retary pursuant to this authority shall not be executed 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 comprehensive report on such project, includ-
ing the facts and circumstances relied upon in support of the 
proposed project. 
No funds provided in this Act may be expended by the Depart-
ment of Energy to prepare, issue, or process procurement documents 
for programs or projects for which appropriations have not been 
made. 
In addition to other authorities set forth in this Act, the Sec-
retary may accept fees and contributions from public and private 
I l l STAT. 1582 
PUBLIC LAW 105-83—NOV. 14, 1997 
sources, to be deposited in a contributed funds account, and pros-
ecute projects using such fees and contributions in cooperation 
with other Federal, State or private agencies or concerns. 
The Secretary is authorized to accept funds from other Federal 
agencies in return for assisting agencies in achieving energy effi-
ciency in Federal facilities and operations by the use of privately 
financed, energy saving performance contracts and other private 
financing mechanisms. The funds may be provided after agencies 
begin to realize energy cost savings; may be retained by the Sec-
retary until expended; and may be used only for the purpose of 
assisting Federal agencies in achieving greater efficiency, water 
conservation, and use of renewable energy by means of privately 
financed mechanisms, including energy savings performance con-
tracts. Any such privately financed contracts shall meet the provi-
sions of the Energy Policy Act of 1992, Public Law 102-486 (42 
U.S.C. 8287). 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of August 5, 1954 
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 
Care Improvement Act, and titles II and III of the Public Health 
Service 
Act 
with 
respect 
to 
the 
Indian 
Health 
Service, 
$1,841,074,000, together with pajmients received during the fiscal 
year pursuant to 42 U.S.C. 238(b) for services furnished by the 
Indian Health Service: Provided, That funds made available to 
tribes and tribal organizations through contracts, grant agreements, 
or any other agreements or compacts authorized by the Indian 
Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 
450), shall be deemed to be obligated at the time of the grant 
or contract award and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation: Provided 
further, That $12,000,000 shall remain available until expended, 
for the Indian Catastrophic Health Emergency Fund: Provided fur-
ther, That $361,375,000 for contract medical care shall remain 
available for obligation until September 30, 1999: Provided 
further. 
That of the funds provided, not less than $11,889,000 shall be 
used to carry out the loan repayment program under section 108 
of the Indian Health Care Improvement Act: Provided 
further. 
That funds provided in this Act may be used for one-year contracts 
and grants which are to be performed in two fiscal years, so long 
as the total obligation is recorded in the year for which the funds 
are appropriated: Provided further. That the amounts collected by 
the Secretary of Hesdth and Human Services under the authority 
of title IV of the Indian Health Care Improvement Act shall remain 
available until expended for the purpose of achieving compliance 
with the applicable conditions and requirements of titles XVIII 
and XIX of the Social Security Act (exclusive of planning, design, 
or construction of new facilities): Provided further. That of the 
funds provided, $7,500,000 shall remain available until expended, 
for the Indian Self-Determination Fund, which shall be available 
for the transitional costs of initial or expanded tribal contracts, 
compacts, grants or cooperative agreements with the Indian Health 
Service under the provisions of the Indian Self-Determination Act: 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1583 
Provided further. That funding contained herein, and in any earlier 
appropriations Acts for scholarship programs under the Indian 
Health Care Improvement Act (25 U.S.C. 1613) shall remain avail-
able for obligation until September 30, 1999: Provided 
further. 
That amounts received by tribes and tribal organizations under 
title IV of the Indian Health Care Improvement Act shall be 
reported and accounted for and available to the receiving tribes 
and tribal organizations until expended: Provided further, 
That 
not to exceed $168,702,000 shall be for pajonents to tribes and 
tribal organizations for contract support costs associated with 
ongoing contracts or grants or compacts entered into with the 
Indian Health Service prior to fiscal year 1998, as authorized by 
the Indian Self-Determination Act of 1975, as amended. 
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters 
for personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, 
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7 
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act, 
and for expenses necessary to carry out such Acts and titles II 
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health 
Service, $257,538,000, to remain available until expended: Provided, 
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction or renovation of health 
facilities for the benefit of an Indian tribe or tribes may be used 
to purchase land for sites to construct, improve, or enlarge health 
or related facilities. 
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE 
Appropriations in this Act to the Indian Health Service shall 
be available for services as authorized by 5 U.S.C. 3109 but at 
rates not to exceed the per diem rate equivalent to the maximum 
rate payable for senior-level positions under 5 U.S.C. 5376; hire 
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of 
modular buildings and renovation of existing facilities; payments 
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms 
or allowances therefore as authorized by 5 U.S.C. 5901-5902; and 
for expenses of attendance at meetings which are concerned with 
the functions or activities for which the appropriation is made 
or which will contribute to improved conduct, supervision, or 
management of those functions or activities: Provided, That in 
accordance with the provisions of the Indian Health Care Improve-
ment Act, non-Indian patients may be extended health care at 
all tribally administered or Indian Health Service facilities, subject 
to charges, and the proceeds along with funds recovered under 
the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653) shall 
be credited to the account of the facility providing the service 
i l l STAT. 1584 
PUBLIC LAW 105-83—NOV. 14, 1997 
and shall be available without fiscal year limitation: Provided fur-
ther, That notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Development 
to the Indian Health Service shall be administered under Public 
Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 
93-638, as amended: Provided further, That funds appropriated 
to the Indian Health Service in this Act, except those used for 
administrative and program direction purposes, shall not be subject 
to limitations directed at curtailing Federal travel and transpor-
tation: Provided further. That notwithstanding any other provision 
of law, funds previously or herein made available to a tribe or 
tribal organization through a contract, grant, or agreement author-
ized by title I or title III of the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 450), may be 
deobligated and reobligated to a self-determination contract under 
title I, or a self-governance agreement under title III of such Act 
and thereafter shall remain available to the tribe or tribal organiza-
tion without fiscal year limitation: Provided further, That none 
of the funds made available to the Indian Health Service in this 
Act shall be used to implement the final rule published in the 
Federal Register on September 16, 1987, by the Department of 
Health and Humgm Services, relating to the eligibility for the health 
care services of the Indian Health Service until the Indian Health 
Service has submitted a budget request reflecting the increased 
costs associated with the proposed final rule, and such request 
has been included in an appropriations Act and enacted into law: 
Provided further. That funds made available in this Act are to 
be apportioned to the Indian Health Service as appropriated in 
this Act, and accounted for in the appropriation structure set forth 
in this Act: Provided further, That with respect to functions trans-
ferred by the Indian Health Service to tribes or tribal organizations, 
the Indian Health Service is authorized to provide goods and serv-
ices to those entities, on a reimbursable basis, including payment 
in advance with subsequent adjustment, and the reimbursements 
received therefrom, along with the funds received from those entities 
pursuant to the Indian Self-Determination Act, may be credited 
to the same or subsequent appropriation account which provided 
the funding, said amounts to remain available until expended: 
Provided further. 
That reimbursements for training, technical 
assistance, or services provided by the Indian Health Service will 
contain total costs, including direct, administrative, and overhead 
associated with the provision of goods, services, or technical assist-
ance: Provided further. That the appropriation structure for the 
Indian Health Service may not be altered without advance approval 
of the House and Senate Committees on Appropriations. 
OTHER RELATED AGENCIES 
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $15,000,000, to 
remain available until expended: Provided, That funds provided 
in this or any other appropriations Act are to be used to relocate 
eligible individuals and groups including evictees from District 6, 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1585 
Hopi-partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in 
the preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office 
of Navajo and Hopi Indian Relocation to evict any single Navajo 
or Navajo family who, as of November 30, 1985, was physically 
domiciled on the lands partitioned to the Hopi Tribe unless a 
new or replacement home is provided for such household: Provided 
further. That no relocatee will be provided with more than one 
new or replacement home: Provided further. That the Office shall 
relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected 
a replacement residence off the Navajo reservation or on the land 
acquired pursuant to 25 U.S.C. 640d-10. 
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND 
ARTS DEVELOPMENT 
PAYMENT TO THE INSTITUTE 
For payment to the Institute of American Indian and Alaska 
Native Culture and Arts Development, as authorized by title XV 
of Public Law 99-498, as amended (20 U.S.C. 56 part A), $4,250,000. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and perform-
ances; collection, preparation, dissemination, and exchange of 
information and publications; conduct of education, training, and 
museum assistance programs; maintenance, alteration, operation, 
lease (for terms not to exceed 30 years), and protection of buildings, 
facilities, gmd approaches; not to exceed $100,000 for services as 
authorized by 5 U.S.C. 3109; up to 5 replacement passenger 
vehicles; purchase, rental, repair, and cleaning of uniforms for 
employees; $333,408,000, of which not to exceed $32,718,000 for 
the instrumentation program, collections acquisition. Museum Sup-
port Center equipment and move, exhibition reinstallation, the 
National Museum of the American Indian, the repatriation of skele-
tal remains program, research equipment, information manage-
ment, and Latino programming shall remain available until 
expended, and including such funds as may be necessary to support 
American overseas research centers and a total of $125,000 for 
the Council of American Overseas Research Centers: Provided, That 
funds appropriated herein are available for advance payments to 
independent contractors performing research services or participat-
ing in official Smithsonian presentations. 
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK 
For necessary expenses of planning, construction, remodeling, 
and equipping of buildings and facilities at the National Zoological 
Park, by contract or otherwise, $3,850,000, to remain available 
until expended. 
I l l STAT. 1586 
PUBLIC LAW 105-83—NOV. 14, 1997 
REPAIR AND RESTORATION OF BUILDINGS 
For necessary expenses of repair and restoration of buildings 
owned or occupied by the Smithsonian Institution, by contract or 
otherwise, as authorized by section 2 of the Act of August 22, 
1949 (63 Stat. 623), including not to exceed $10,000 for services 
as authorized by 5 U.S.C. 3109, $32,000,000, to remain available 
until expended: Provided, That contracts awarded for environmental 
systems, protection systems, and exterior repair or restoration of 
buildings of the Smithsonian Institution may be negotiated with 
selected contractors and awarded on the basis of contractor quali-
fications as well as price. 
CONSTRUCTION 
For necessary expenses for construction, $33,000,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, a single procurement for the construction of the 
National Museum of the American Indian may be issued which 
includes the full scope of the project: Provided further. That the 
solicitation and the contract shall contain the clause "availability 
of funds" found at 48 CFR 52.232.18. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery of Art, 
the protection and care of the works of art therein, and administra-
tive expenses incident thereto, as authorized by the Act of March 
24, 1937 (50 Stat. 51), as amended by the public resolution of 
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), includ-
ing services as authorized by 5 U.S.C. 3109; payment in advance 
when authorized by the treasurer of the Gallery for membership 
in library, museum, and art associations or societies whose publica-
tions or services are available to members only, or to members 
at a price lower than to the general public; purchase, repair, and 
cleaning of uniforms for guards, and uniforms, or allowances there-
for, for other employees as authorized by law (5 U.S.C. 5901-
5902); purchase or rental of devices and services for protecting 
buildings and contents thereof, and maintenance, 
alteration, 
improvement, and repair of buildings, approaches, and grounds; 
and purchase of services for restoration and repair of works of 
art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such rates 
or prices and under such terms and conditions as the Gallery 
may deem proper, $55,837,000, of which not to exceed $3,026,000 
for the special exhibition program shall remain available until 
expended. 
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and renovation 
of buildings, grounds and facilities owned or occupied by the 
National Gallery of Art, by contract or otherwise, as authorized, 
$6,192,000, to remain available until expended: Provided, 
That 
contracts awarded for environmental systems, protection systems, 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1587 
and exterior repair or renovation of buildings of the National Gal-
lery of Art may be negotiated with selected contractors and awarded 
on the basis of contractor qualifications as well as price. 
JOHN F . KENNEDY CENTER FOR THE PERFORMING ARTS 
OPERATIONS AND MAINTENANCE 
For necessary expenses for the operation, maintenance and 
security of the John F. Kennedy Center for the Performing Arts, 
$11,375,000. 
CONSTRUCTION 
For necessary expenses for capital repair and rehabilitation 
of the existing features of the building and site of the John F. 
Kennedy Center for the Performing Arts, $9,000,000, to remain 
available until expended. 
WooDROw WILSON INTERNATIONAL CENTER FOR SCHOLARS 
SALARIES AND EXPENSES 
For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 
hire of passenger vehicles and services as authorized by 5 U.S.C. 
3109, $5,840,000. 
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foundation 
on the Arts and the Humanities Act of 1965, as amended, 
$81,240,000 shall be available to the National Endowment for the 
Arts for the support of projects and productions in the arts through 
assistance to organizations and individuals pursuant to section 
5(c) of the Act, and for administering the functions of the Act, 
to remain available until expended. 
MATCHING GRANTS 
To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amend-
ed, $16,760,000, to remain available until expended, to the National 
Endowment for the Arts: Provided, That this appropriation shall 
be available for obligation only in such amounts as may be equal 
to the total amounts of gifts, bequests, and devises of money, 
and other property accepted by the chairman or by grantees of 
the Endowment under the provisions of section 10(a)(2), subsections 
11(a)(2)(A) and 11(a)(3)(A) during the current and preceding fiscal 
years for which equal amounts have not previously been appro-
priated. 
I l l STAT. 1588 
PUBLIC LAW 105-83—NOV. 14, 1997 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foundation 
on the Arts and the Humanities Act of 1965, as amended, 
$96,800,000, shall be available to the National Endowment for 
the Humanities for support of activities in the humanities, pursuant 
to section 7(c) of the Act, and for administering the functions 
of the Act, to remain available until expended. 
MATCHING GRANTS 
To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amend-
ed, $13,900,000, to remain available until expended, of which 
$8,000,000 shall be available to the National Endowment for the 
Humanities for the purposes of section 7(h): Provided, That this 
appropriation shall be available for obligation only in such amounts 
as may be equal to the total amounts of gifts, bequests, and devises 
of money, and other property accepted by the chairman or by 
grantees of the Endowment under the provisions of subsections 
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 
years for which equal amounts have not previously been appro-
priated. 
INSTITUTE OF MUSEUM AND LIBRARY SERVICES 
OFFICE OF M U S E U M SERVICES 
GRANTS AND ADMINISTRATION 
For carrying out subtitle C of the Museum and Library Services 
Act of 1996, $23,280,000, to remain available until expended. 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National Foundation 
on the Arts and the Humanities may be used to process any grant 
or contract documents which do not include the text of 18 U.S.C. 
1913: Provided, That none of the funds appropriated to the National 
Foundation on the Arts and the Humanities may be used for official 
reception and representation expenses. 
COMMISSION OF FINE ARTS 
SALARIES A N D EXPENSES 
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $907,000. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 99-190 
(20 U.S.C. 956(a)), as amended, $7,000,000. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1589 
ADVISORY COUNCIL ON HISTORIC 
PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $2,745,000: Pro-
vided, That none of these funds shall be available for compensation 
of level V of the Executive Schedule or higher positions. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $5,740,000: Provided, 
That all 
appointed members will be compensated at a rate not to exceed 
the rate for level IV of the Executive Schedule: Provided 
further, 
That beginning in fiscal year 1998 and thereafter, the Commission 40 USC 7la note, 
is authorized to charge fees to cover the full costs of Geographic 
Information System products and services supplied by the Commis-
sion, and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended. 
UNITED STATES HOLOCAUST MEMORIAL COUNCIL 
HOLOCAUST MEMORIAL COUNCIL 
For expenses of the Holocaust Memorial Council, as authorized 
by Public Law 96-388 (36 U.S.C. 1401), as amended, $31,707,000 
of which $1,575,000 for the museum's repair and rehabilitation 
program and $1,264,000 for the museum's exhibitions program shall 
remain availalale until expended. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. The expenditure of any appropriation under this Contracts. 
Act for any consulting service through procurement contract, pursu- Public 
ant to 5 U.S.C. 3109, shall be limited to those contracts where information, 
such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuEint to exist-
ing law. 
SEC. 302. No part of any appropriation under this Act shall 
be available to the Secretary of the Interior or the Secretary of 
Agriculture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shaw-
nee National Forest, Illinois: Provided, That nothing herein is 
intended to inhibit or otherwise affect the sale, lease, or right 
to access to minerals owned by private individuals. 
SEC. 303. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or distribution 
of literature that in any way tends to promote public support 
or opposition to any legislative proposal on which congressional 
action is not complete. 
SEC. 304. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
I l l STAT. 1590 
PUBLIC LAW 105-83—NOV. 14, 1997 
SEC. 305. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal 
cook, chauffeur, or other personal servants to any officer or 
employee of such department or agency except as otherwise provided 
by law. 
SEC. 306. No assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act unless 
advance notice of such assessments and the basis therefor are 
presented to the Committees on Appropriations and are approved 
by such committees. 
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN ACT.—^None 
of the funds made available in this Act may be expended by an 
entity unless the entity agrees that in expending the funds the 
entity will comply with sections 2 through 4 of the Act of March 
3, 1933 (41 U.S.C. 10a-10c; popularly known as the "Buy American 
Act"). 
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.— 
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may 
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense 
of the Congress that entities receiving the assistance should, 
in expending the assistance, purchase only American-made 
equipment and products. 
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing 
financial assistance using funds made available in this Act, 
the head of each Federal agency shall provide to each recipient 
of the assistance a notice describing the statement made in 
paragraph (1) by the Congress. 
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—^If it has been finally deter-
mined by a court or Federal agency that any person intentionally 
affixed a label bearing a "Made in America" inscription, or any 
inscription with the same meaning, to any product sold in or shipped 
to the United States that is not made in the United States, the 
person shall be ineligible to receive any contract or subcontract 
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections 
9.400 through 9.409 of title 48, Code of Federal Regulations. 
SEC. 308. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National 
Forest System or Bureau of Land Management lands in a manner 
different than such sales were conducted in fiscal year 1995. 
SEC. 309. None of the funds made available by this Act may 
be obligated or expended by the National Park Service to enter 
into or implement a concession contract which permits or requires 
the removal of the underground lunchroom at the Carlsbad Caverns 
National Park. 
25USC450e-2. 
SEC. 310. Beginning in fiscal year 1998 and thereafter, where 
the actual costs of construction projects under self-determination 
contracts, compacts, or grants, pursuant to Public Laws 93-638, 
103-413, or 100-297, are less than the estimated costs thereof, 
use of the resulting excess funds shall be determined by the appro-
priate Secretary after consultation with the tribes. 
25 use 450/ 
SEC. 311. Notwithstanding PubUc Law 103-413, quarterly pay-
note, 
ments of funds to tribes and tribal organizations under annual 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1591 
funding agreements pursuant to section 108 of Public Law 93-
638, as amended, beginning in fiscal year 1998 and therafter, may 
be made on the first business day following the first day of a 
fiscal quarter. 
SEC. 312. None of the funds appropriated or otherwise made 
available by this Act may be used for the AmeriCorps program, 
unless the relevant agencies of the Department of the Interior 
and/or Agriculture follow appropriate reprogramming guidelines: 
Provided, That if no funds are provided for the AmeriCorps program 
by the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1998, 
then none of the funds appropriated or otherwise made available 
by this Act may be used for the AmeriCorps programs. 
SEC. 313. None of the funds made available in this Act may 
be used: (1) to demolish the bridge between Jersey City, New 
Jersey, and Ellis Island; or (2) to prevent pedestrian use of such 
bridge, when it is made known to the Federal official having author-
ity to obligate or expend such funds that such pedestrian use 
is consistent with generally accepted safety standards. 
SEC. 314. (a) LIMITATION OF FUNDS.—None of the funds appro-
priated or otherwise made available pursuant to this Act shall 
be obligated or expended to accept or process applications for a 
patent for any mining or mill site claim located under the general 
mining laws. 
(b) EXCEPTIONS.—^The provisions of subsection (a) shall not 
apply if the Secretary of the Interior determines that, for the 
claim concerned: (1) a patent application was filed with the Sec-
retary on or before September 30, 1994; and (2) all requirements 
established under sections 2325 and 2326 of the Revised Statutes 
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 
and 37) for placer claims, and section 2337 of the Revised Statutes 
(30 U.S.C. 42) for mill site claims, as the case may be, were 
fully complied with by the applicant by that date. 
(c) REPORT.—On September 30, 1998, the Secretary of the 
Interior shall file with the House and Senate Committees on Appro-
priations and the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Natural Resources 
of the Senate a report on actions taken by the Department under 
the plan submitted pursuant to section 314(c) of the Department 
of the Interior and Related Agencies Appropriations Act, 1997 (Pub-
lic Law 104-208). 
(d) 
MINERAL 
EXAMINATIONS.—In order to process patent 
applications in a timely and responsible manner, upon the request 
of a patent applicant, the Secretary of the Interior shall allow 
the applicant to fund a qualified third-party contractor to be selected 
by the Bureau of Land Management to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion as set forth in subsection (b). The Bureau of Land Management 
shall have the sole responsibility to choose and pay the third-
party contractor in accordance with the standard procedures 
employed by the Bureau of Land Management in the retention 
of third-party contractors. 
SEC. 315. None of the funds appropriated or otherwise made 
available by this Act may be used for the purposes of acquiring 
lands in the counties of Gallia, Lawrence, Monroe, or Washington, 
Ohio, for the Wayne National Forest. 
I l l STAT. 1592 
PUBLIC LAW 105-83—NOV. 14, 1997 
16 use 3102 
SEC. 316. SUBSISTENCE HUNTING AND FISHING IN ALASKA, (a) 
note. 
MORATORIUM ON FEDERAL MANAGEMENT.—None of the funds made 
available to the Department of the Interior or the Department 
of Agriculture by this or any other Act hereafter enacted may 
be used prior to December 1, 1998 to issue or implement final 
regulations, rules, or policies pursuant to title VIII of the Alaska 
National Interest Lands Conservation Act to assert jurisdiction, 
management, or control over the navigable waters transferred to 
the State of Alaska pursuant to the Submerged Lands Act of 1953 
or the Alaska Statehood Act of 1959. 
(b) AMENDMENTS TO ALASKA NATIONAL INTEREST LANDS CON-
SERVATION ACT.— 
(1) AMENDMENT OF ANILCA.—Except as otherwise expressly 
provided, whenever in this subsection an amendment or repeal 
is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered 
to be made to a section or other provision of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). 
(2) DEFINITIONS.—Section 102(2) (16 U.S.C. 3102(2)) is 
amended to read as follows: 
"(2) The term 'Federal land' means lands the title to which 
is in the United States after December 2, 1980. 'Federal land' 
does not include lands the title to which is in the State, an 
Alaska Native corporation, or other private ownership.". 
(3) FINDINGS.—Section 801 (16 U.S.C. 3111) is amended— 
(A) by inserting "(a)" immediately before "The Congress 
finds and declares"; and 
(B) by inserting at the end the following new sub-
section: 
"(b) The Congress finds and declares further that— 
"(1) subsequent to the enactment of this Act in 1980, the 
subsistence law of the State of Alaska (AS 16.05) accomplished 
the goals of Congress and requirements of this Act in providing 
subsistence use opportunities for rural residents of Alaska, 
both Alaska Native and non-Alaska Native; 
"(2) the Alaska subsistence law was challenged in Alaska 
courts, and the rural preference requirement in the law was 
found in 1989 by the Alaska Supreme Court in McDowell 
V. State of Alaska (785 P.2d 1, 1989) to violate the Alaska 
Constitution; 
"(3) since that time, repeated attempts to restore the valid-
ity of the State law through an amendment to the Alaska 
Constitution have failed, and the people of Alaska have not 
been given the opportunity to vote on such an amendment; 
"(4) in accordance with title VIII of this Act, the Secretary 
of the Interior is required to manage fish and wildlife for 
subsistence uses on all public lands in Alaska because of the 
failure of State law to provide a rural preference; 
"(5) the Ninth Circuit Court of Appeals determined in 
1995 in State of Alaska v. Babbitt (73 F.3d 698) that the 
subsistence priority required on public lands under section 
804 of this Act applies to navigable waters in which the United 
States has reserved water rights as identified by the Secretary 
of the Interior; 
"(6) management of fish and wildlife resources by State 
governments has proven successful in all 50 States, including 
Alaska, and the State of Alaska should have the opportunity 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1593 
to continue to manage such resources on all lands, including 
public lands, in Alaska in accordance with this Act, as amended; 
and 
"(7) it is necessary to amend portions of this Act to restore 
the original intent of Congress to protect and provide for the 
continued opportunity for subsistence uses on public lands for 
Alaska Native and non-Alaska Native rural residents through 
the management of the State of Alaska.". 
(4) TITLE VIII DEFINITIONS.—Section 803 (16 U.S.C. 3113) 
is amended— 
(A) by striking "and" at the end of paragraph (1); 
(B) by striking the period and inserting a semicolon 
at the end of paragraph (2); and 
(C) by inserting at the end the following new para-
graphs: 
"(3) 'customary and traditional uses' means the noncommer-
cial, long-term, and consistent taking of, use of, or reliance 
upon fish £ind wildlife in a specific area and the patterns 
and practices of taking or use of that fish and wildlife that 
have been established over a reasonable period of time, taking 
into consideration the availability of the fish and wildlife; 
"(4) 'customary trade' means, except for money sales of 
furs and furbearers, the limited noncommercial exchange for 
money of fish and wildlife or their parts in minimal quantities; 
and 
"(5) 'rural Alaska resident' means a resident of a rural 
community or area. A 'rural community or area' means a 
community or area substantially dependent on fish and wildlife 
for nutritional and other subsistence uses.". 
(5) PREFERENCE FOR SUBSISTENCE USES.—Section 804 (16 
U.S.C. 3114) is amended— 
(A) by inserting "(a)" immediately before the first sen-
tence; and 
(B) by inserting at the end the following new sub-
section: 
"(b) The priority granted by this section is for a reasonable 
opportunity to take fish and wildlife. For the purposes of this 
subsection, the term 'reasonable opportunity* means an opportunity, 
consistent with customary and traditional uses (as defined in section 
803(3)), to participate in a subsistence hunt or fishery with a 
reasonable expectation of success, and does not mean a guarantee 
that fish and wildlife will be taken.". 
(6) LOCAL AND REGIONAL PARTICIPATION.-—Section 805 (16 
U.S.C. 3115) is amended— 
(A) in subsection (a) by striking "one year after the 
date of enactment of this Act,"; and 
(B) by amending subsection (d) to read as follows: 
"(d)(1) Upon certification by the Secretary that the State has 
enacted and implemented laws of general applicability which are 
consistent with, and which provide for the definition, preference, 
and participation specified in sections 803, 804, and 805, the Sec-
retary shall not implement subsections (a), (b), and (c) of this 
section, and the State may immediately assume management for 
the taking of fish and wildlife on the public lands for subsistence 
uses pursuant to this title. Upon assumption of such management 
by the State, the Secretary shall not implement subsections (a), 
(b), and (c) of this section unless a court of competent jurisdiction 
39-194 O - 97 - 17 : QL3 Part 2 
I l l STAT. 1594 
PUBLIC LAW 105-83—NOV. 14, 1997 
determines that such laws have been repealed, modified, or imple-
mented in a way that is inconsistent with, or does not provide 
for, the definition, preference, and participation specified in sections 
803, 804, and 805, or that the State has failed to cure any such 
inconsistency after such determination. The State laws shall other-
wise supercede such sections insofar as such sections govern State 
responsibility pursuant to this title for the taking of fish and wildlife 
on the public lands for subsistence uses. The Secretary may bring 
a judicial action to enforce this subsection. 
"(2)(A) Laws establishing a system of local advisory committees 
and regional advisory councils consistent with section 805 shall 
provide that the State rulemaking authority shall consider the 
advice and recommendations of the regional councils concerning 
the taking of fish and wildlife populations on public lands within 
their respective regions for subsistence uses. The regional councils 
may present recommendations, and the evidence upon which such 
recommendations are based, to the State rulemaking authority 
during the course of the administrative proceedings of such author-
ity. The State rulemaking authority may choose not to follow any 
recommendation which it determines is not supported by substantial 
evidence presented during the course of its administrative proceed-
ings, violates recognized principles of fish and wildlife conservation 
or would be detrimental to the satisfaction of rural subsistence 
needs. If a recommendation is not adopted by the State rulemaking 
authority, such authority shall set forth the factual basis and the 
reasons for its decision. 
"(B) The members of each regional advisory council established 
under this subsection shall be appointed by the Governor of Alaska. 
Each council shall have ten members, four of whom shall be selected 
from nominees who reside in the region submitted by tribal councils 
in the region, and six of whom shall be selected from nominees 
submitted by local governments and local advisory committees. 
Three of these six shall be subsistence users who reside in the 
subsistence resource region and three shall be sport or commercial 
users who may be residents of any subsistence resource region. 
Regional council members shall have staggered terms of three years 
in length, with no limit on the number of terms a member may 
serve. A quorum shall be a majority of the members of the council.". 
(7) JUDICIAL ENFORCEMENT.—Section 807 (16 U.S.C. 3117) 
is amended by inserting the following as subsection (b): 
"(b) State agency actions may be declared invalid by the court 
only if they are arbitrary, capricious, or an abuse of discretion, 
or otherwise not in accordance with law. When reviewing any 
action within the specialized knowledge of a State agency, the 
court shall give the decision of the State agency the same deference 
it would give the same decision of a comparable Federal agency.". 
(8) 
REGULATIONS.—Section 
814 
(16 
U.S.C. 
3124) 
is 
amended— 
(A) by inserting ", and the State at any time the 
State has complied with section 805(d)" after "Secretary"; 
and 
(B) by adding at the end the following new sentence: 
"During any time that the State has complied with section 
805(d), the Secretary shall not make or enforce regulations 
implementing section 805(a), (b), or (c).". 
(9) LIMITATIONS, SAVINGS CLAUSES.—Section 815 (16 U.S.C. 
3125) is amended— 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1595 
(A) by striking "or" at the end of paragraph (3); 
(B) by striking the period at the end of paragraph 
(4) and inserting in lieu thereof a semicolon and "or"; 
and 
(C) by inserting at the end the following new para-
graph: 
"(5) prohibiting the Secretary or the State from entering 
into co-management agreements with Alaska Native organizations 
or other local or regional entities when such organization or entity 
is msinaging fish and wildlife on public lands in Alaska for subsist-
ence uses.". 
(c) SAVINGS CLAUSE.—^No provision of this section, amendment 
16 use 3102 
made by this section, or exercise of authority pursuant to this note, 
section may be construed to validate, invalidate, or in any way 
affect— 
(1) any assertion that an Alaska Native organization 
(including a federally recognized tribe, traditional Alaska 
Native council, or Alaska Native council organized pursuant 
to the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as amended) 
has or does not have governmental authority over lands (includ-
ing management of, or regulation of the taking of, fish and 
wildlife) or persons within the boundaries of the State of Alaska; 
(2) any assertion that Indian country, as defined in section 
1151 of title 18, United States Code, exists or does not exist 
within the boundaries of the State of Alaska; 
(3) any assertion that the Alaska National Interest Lands 
Conservation Act, as amended (16 U.S.C. 3101 et seq.) is or 
is not Indian law; or 
(4) the authority of the Secretary of the Interior under 
section 1314(c) of the Alaska National Interest Lands Conserva-
tion Act (16 U.S.C. 3202(c)). 
(d) EFFECTIVE DATE.—^Unless and until laws are adopted in 16USC3102 
the State of Alaska which provide for the definition, preference, °ote. 
and participation specified in sections 803, 804, and 805 of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 
et seq.), the amendments made by subsection (b) of this section 
shall be effective only for the purposes of determining whether 
the State's laws provide for such definition, preference, and partici-
pation. The Secretary shall certify before December 1, 1998 if such 
Certification, 
laws have been adopted in the State of Alaska. Subsection (b) Alaska, 
shall be repealed on such date if such laws have not been adopted. 
SEC. 317. Section 909(b)(2) of division II, title IX of PubHc 
Law 104-333 is amended by striking the following: "For technical 
16 USC 461 note, 
assistance pursuant to section 908, not more than 
$50,000 
annually.". 
SEC. 318. No part of any appropriation contained in this Act 
shall be expended or obligated to fund the activities of the western 
director and special assistant to the Secretary within the Office 
of the Secretary of Agriculture that exceeds the funding provided 
for these activities from this Act during fiscal year 1997. 
SEC. 319. Notwithstanding any other provision of law, for fiscal 
year 1998 the Secretaries of Agriculture and the Interior are author-
ized to limit competition for watershed restoration project contracts 
as part of the "Jobs in the Woods" component of the President's 
Forest Plan for the Pacific Northwest to individuals and entities 
in historically timber-dependent areas in the States of Washington, 
Ill STAT. 1596 
PUBLIC LAW 105-83—NOV. 14, 1997 
16 u s e 460Z-6a 
note. 
Reports. 
Oregon, and northern California that have been affected by reduced 
timber harvesting on Federal lands. 
SEC. 320. (a) Section 101(c) of Public Law 104-134 is amended 
as follows: Under the heading "TITLE III—GENERAL PROVI-
SIONS" amend section 315(c)(1) by striking subparagraphs (A) and 
(B) and inserting: 
"(A) Eighty percent to a special account in the Treasury 
for use without further appropriation, by the agency which 
administers the site, to remain available for expenditure in 
accordance with paragraph (2)(A). 
"(B) Twenty percent to a special account in the Treasury 
for use without further appropriation, by the agency which 
administers the site, to remain available for expenditure in 
accordance with paragraph (2)(B).". 
(b) Subparagraph (C) of section 315(c)(1) is amended by insert-
ing "and the National Park Service" after "the Fish and Wildlife 
Service". 
SEC. 321. None of the funds collected under the Recreational 
Fee Demonstration program may be used to plan, design, or con-
struct a visitor center or any other permanent structure without 
prior approval of the House and the Senate Committees on Appro-
priations if the estimated total cost of the facility exceeds $500,000. 
SEC. 322. Section 303(d)(1) of Public Law 96-451 (16 U.S.C. 
1606a(d)(l)) is amended by inserting before the semicolon the follow-
ing: "and other forest stand improvement activities to enhance 
forest health and reduce hazardous fuel loads of forest stands 
in the National Forest System". 
SEC. 323. (a) Prior to the completion of any decision document 
or the making of any decision related to the final Environmental 
Impact Statements (hereinafter "final EISs") associated with the 
Interior 
Columbia Basin Ecosystem 
Project 
(hereinafter 
the 
"Project"), the Secretary of Agriculture and the Secretary of the 
Interior shall prepare and submit to the Committees on Appropria-
tions of the Senate and the House of Representatives a report 
that shall include: 
(1) a detailed description of any and all land and resource 
management planning and policy or project decisions to be 
made, by type and by the level of official responsible, and 
the procedures for such decisions to be undertaken, by the 
Forest Service, Bureau of Land Management, and Fish and 
Wildlife Service pursuant to the National Forest Management 
Act, Federal Land Policy and Management Act, Endangered 
Species Act, National Environmental Policy Act and any other 
applicable law in order to authorize and implement actions 
affecting the environment on Federal lands within the jurisdic-
tion of either Secretary in the Project area that are consistent 
with the final EISs; 
(2) a detailed estimation of the time and cost (for all partici-
pating Federal agencies) to accomplish each decision described 
in paragraph (1), from the date of initiation of preparations 
for, to the date of publication or announcement of, the decision, 
including a detailed statement of the source of funds for each 
such decision and any reprogramming in fiscal year 1998; 
(3) estimated production of goods and services from each 
unit of the Federal lands for the first 5 years during the 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1597 
course of the decision making described in paragraph (1) begin-
ning with the date of publication of the appUcable final EIS; 
and 
(4) if the requirements described in paragraphs (1) through 
(3) cannot be accomplished within the appropriations provided 
in this Act, adjusted only for inflation, in subsequent fiscal 
years and without any reprogramming of such appropriations, 
provide a detailed description of the decision making process 
that will be used to establish priorities in accordance with 
such appropriations. 
(b) Using all research information available from the area 
encompassed by the Project, the Secretaries, to the extent prac-
ticable, shall analyze the economic and social conditions, and culture 
and customs, of the communities at the sub-basin level within 
the Project area and the impacts the alternatives in the draft 
EISs will have on those communities. This analysis shall be pub- Publication, 
lished on a schedule that will allow a reasonable period of time 
for public comment thereon prior to the close of the comment 
periods on the draft EISs. The analysis, together with the response 
of the Secretaries to the public comment, shall be incorporated 
in the final EISs and, subject to subsection (a), subsequent decisions 
related thereto. 
(c) Nothing in this section shall be construed as altering or 
affecting in any manner any provision of applicable land or resource 
management plans, PACFISH, INFISH, Eastside screens, and other 
policies adopted by the Forest Service or Bureau of Land Manage-
ment prior to the date of enactment of this Act to protect wildlife, 
watershed, riparian, and other resources of the Federal lands. 
SEC. 324. Notwithstanding section 904(b) of Public Law 104- 16 USC 461 note. 
333, hereafter, the Heritage Area established under section 904 
of title IX of division II of Public Law 104-333 shall include any 
portion of a city, town, or village within an area specified in section 
904(b)(2) of that Act only to the extent that the government of 
the city, town, or village, in a resolution of the governing board 
or council, agrees to be included and submits the resolution to 
the Secretary of the Interior and the management entities for 
the Heritage Area and to the extent such resolution is not subse-
quently revoked in the same manner. 
SEC. 325. (a) Notwithstanding any other provision of law, and 
except as provided in this section, the Aleutian/Pribilof Islands 
Association, 
Inc., 
Bristol 
Bay 
Area 
Health 
Corporation, 
Chugachmiut, Copper River Native Association, Kodiak Area Native 
Area Association, Maniilaq Association, Metlakatla Indian Commu-
nity, Arctic Slope Native Association, Ltd., Norton Sound Health 
Corporation, Southcentral Foundation, Southeast Alaska Regional 
Health Consortium, Tanana Chiefs Conference, Inc., and Yukon-
Kuskokwim Health Corporation (hereinafter "regional health enti-
ties"), without further resolutions from the Regional Corporations, 
Village Corporations, Indian Reorganization Act Councils, tribes 
and/or villages which they represent are authorized to form a 
consortium (hereinafter "the Consortium") to enter into contracts, 
compacts, or funding agreements under Public Law 93-638 (25 
U.S.C. 450 et seq.), as amended, to provide all statewide health 
services provided by the Indian Health Service of the Department 
of Health and Human Services through the Alaska Native Medical 
Center and the Alaska Area Office. Each specified "regional health 
entity" shall maintain that status for purposes of participating 
I l l STAT. 1598 
PUBLIC LAW 105-83—NOV. 14, 1997 
in the Consortium only so long as it operates a regional health 
program for the Indian Health Service under Public Law 93-638 
(25 U.S.C. 450 et seq.), as amended. 
(b) The Consortium shall be governed by a 15-member Board 
of Directors, which shall be composed of one representative of 
each regional health entity listed in subsection (a) above, and two 
additional persons who shall represent Indian tribes, as defined 
in 25 U.S.C. 450b(e), and sub-regional tribal organizations which 
operate health programs not affiliated with the regional health 
entities listed above and Indian tribes not receiving health services 
from any tribal, regional or sub-regional health provider. Each 
member of the Board of Directors shall be entitled to cast one 
vote. Decisions of the Board of Directors shall be made by consensus 
whenever possible, and by majority vote in the event that no consen-
sus can be reached. The Board of Directors shall establish at its 
first meeting its rules of procedure, which shall be published and 
made available to all members. 
(c) The statewide health services (including any programs, func-
tions, services and activities provided as part of such services) 
of the Alaska Native Medical Center and the Alaska Area Office 
may only be provided by the Consortium. Statewide health services 
for purposes of this section shall consist of all programs, functions, 
services, and activities provided by or through the Alaska Native 
Medical Center and the Alaska Area Office, not under contract 
or other funding agreement with any other tribe or tribal organiza-
tion as of October 1, 1997, except as provided in subsection (d) 
below. Ail statewide health services provided by the Consortium 
under this section shall be provided pursuant to contracts or funding 
agreements entered into by the Consortium under Public Law 93-
638 (25 U.S.C. 450 et seq.), as amended, and for such purpose 
the Consortium shall be deemed to have mature contract status 
as defined in section 4(h) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b(h)). 
(d) Cook Inlet Region, Inc., through Southcentral Foundation 
(or any successor health care entity designated by Cook Inlet 
Region, Inc.) pursuant to Public Law 93-638 (25 U.S.C. 450 et 
seq.), as amended, is hereby authorized to enter into contracts 
or funding agreements under such Public Law for all services pro-
vided at or through the Alaska Native Primary Care Center or 
other satellite clinics in Anchorage or the Matanuska-Susitna Valley 
without submission of any further authorizing resolutions from 
any other Alaska Native Region, village corporation, Indian Reorga-
nization Act council, or tribe, no matter where located. Services 
provided under this paragraph shall, at a minimum, maintain the 
level of statewide and Anchorage Service Unit services provided 
at the Alaska Native Primary Care Center as of October 1, 1997, 
including necessary related services performed at the Alaska Native 
Medical Center. In addition. Cook Inlet Region, Inc., through 
Southcentral Foundation, or any lawfully designated health care 
entity of Cook Inlet Region, Inc., shall contract or enter into a 
funding agreement under Public Law 93-638 (25 U.S.C. 450 et 
seq.), as amended, for all primary care services provided by the 
Alaska Native Medical Center, including, but not limited to, family 
medicine, primary care internal medicine, pediatrics, obstetrics and 
gynecology, physical therapy, psychiatry, emergency services, public 
health nursing, health education, optometry, dentistry, audiology, 
social services, pharmacy, radiology, laboratory and biomedical, and 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1599 
the administrative support for these programs, functions, services 
and activities. Cook Inlet Region, Inc., through Southcentral 
Foundation, or any lawfully designated health care entity of Cook 
Inlet Region, Inc., may provide additional health care services at 
the Alaska Native Medical Center if such use and services are 
provided pursuant to £m agreement with the Consortium. All serv-
ices covered by this subsection shall be provided on a nondiscrim-
inatory basis without regard to residency within the Municipality 
of Anchorage. 
SEC. 326. (a) Notwithstanding any other provision of law, after 
September 30, 1997 the Indian Health Service may not disburse 
funds for the provision of health care services pursuant to Public 
Law 93-638 (25 U.S.C. 450 et seq.), with any Alaska Native village 
or Alaska Native village corporation that is located within the 
area served by an Alaska Native regional health entity. 
(b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native 
village corporation under any contract or compact entered into 
prior to August 27, 1997, or to prohibit the renewal of any such 
agreement. 
(c) The General Accounting Office shall conduct a study of 
the impact of contracting and compacting by the Indian Health 
Service under Public Law 93-638 with Alaska Native villages and 
Alaska Native village corporations for the provision of health care 
services by Alaska Native regional corporation health care entities. 
The General Accounting Office shall submit the results of that 
study to the Committee on Appropriations of the Senate and the 
Committee on Appropriations of the House of Representatives by 
June 1, 1998. 
(d) Section 1004 of the Coast Guard Authorization Act of 1996 
(Public Law 104-324; 110 Stat. 3956) is amended— 
(1) in subsection (a) by striking "for use as a health or 
social services facility" and inserting "for sale or use other 
than for a facility for the provision of health programs funded 
by the Indian Health Service (not including any such programs 
operated by Ketchikan Indian Corporation prior to 1993)"; and 
(2) by striking subsection (c). 
SEC. 327. None of the funds made available by this Act may 
be used to require any person to vacate real property where a 
term is expiring under a use and occupancy reservation in Sleeping 
Bear Dunes National Lakeshore until such time as the National 
Park Service (NPS) indicates to the appropriate congressional 
committees and the holders of these reservations that it has suffi-
cient funds to remove the residence on that property within 90 
days of that residence being vacated. The NPS will provide at 
least 90 days notice to the holders of expired reservations to allow 
them time to leave the residence. The NPS will charge fair market 
value rental rates while any occupancy continues beyond an expired 
reservation. Reservation holders who stay beyond the expiration 
date will also be required to pay for appraisals to determine current 
fair market value rental rates, any rehabilitation needed to ensure 
suitability for occupancy, appropriate insurance, and all continuing 
utility costs. 
SEC. 327A. (a) None of the funds made available in this Act 
or any other Act providing appropriations for the Department of 
the Interior, the Forest Service or the Smithsonian Institution 
may be used to submit nominations for the designation of Biosphere 
Ill STAT. 1600 
PUBLIC LAW 105-83—NOV. 14, 1997 
16 use 459J-4 
note. 
Grants. 
Regulations. 
Reserves pursuant to the Man and Biosphere program administered 
by the United Nations Educational, Scientific, and 
Cultural 
Organization. 
(b) The provisions of this section shall be repealed upon enact-
ment of subsequent legislation specifically authorizing United 
States participation in the Man and Biosphere program. 
SEC. 328.- None of the funds made available in this or any 
other Act for any fiscal year may be used to designate, or to 
post any sign designating, any portion of Canaveral National Sea-
shore in Brevard County, Florida, as a clothing-optional area or 
as an area in which public nudity is permitted, if such designation 
v^rould be contrary to county ordinance. 
SEC. 329. Of the funds provided to the National Endowment 
for the Arts: 
(1) The Chairperson shall only award a grant to an individ-
ual if such grant is awarded to such individual for a literature 
fellowship, National Heritage Fellowship, or American Jazz 
Masters Fellowship. 
(2) The Chairperson shall establish procedures to ensure 
that no funding provided through a grant, except a grant made 
to a State or local arts agency, or regional group, may be 
used to make a grant to any other organization or individual 
to conduct activity independent of the direct grant recipient. 
Nothing in this subsection shall prohibit payments made in 
exchange for goods and services. 
(3) No grant shall be used for seasonal support to a group, 
unless the application is specific to the contents of the season, 
including identified programs and/or projects. 
SEC. 330. The National Endowment for the Arts and the 
National Endowment for the Humanities are authorized to solicit, 
accept, receive, and invest in the name of the United States, gifts, 
bequests, or devises of money and other property or services and 
to use such in furtherance of the functions of the National Endow-
ment for the Arts and the National Endowment for the Humanities. 
Any proceeds from such gifts, bequests, or devises, after acceptance 
by the National Endowment for the Arts or the National Endow-
ment for the Humanities, shall be paid by the donor or the rep-
resentative of the donor to the Chairman. The Chairman shall 
enter the proceeds in a special interest-bearing account to the 
credit of the appropriate Endowment for the purposes specified 
in each case. 
SEC. 331. In fiscal years 1998 through 2002, the Secretaries 
of the Interior and Agriculture may make reciprocal delegations 
of their respective authorities, duties and responsibilities in support 
of joint pilot programs to promote customer service and efficiency 
in the management of public lands and national forests: Provided, 
That nothing herein shall alter, expand or limit the existing 
applicability of any public law or regulation to lands administered 
by the Bureau of Land Management or the Forest Service. 
SEC. 332. No part of any appropriation contained in this Act 
shall be expended or obligated to fund new revisions of national 
forest land management plans until new final or interim final 
rules for forest land management planning are published in the 
Federal Register. Those national forests which are currently in 
a revision process, having formally published a Notice of Intent 
to revise prior to October 1, 1997, or having been court-ordered 
to revise, are exempt from this section and may utilize funds 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1601 
in this Act and proceed to complete the forest plan revision in 
accordance with current forest planning regulations. 
SEC. 333. No part of any appropriation contained in this Act 
shall be expended or obligated to complete and issue the five-
year program under the Forest and Rangeland Renewable Resources 
Planning Act. 
SEC. 
334. 
(a) WATERSHED RESTORATION AND ENHANCEMENT 
AGREEMENTS.—^For fiscal year 1998, appropriations for the Forest 
Service may be used by the Secretary of Agriculture for the purpose 
of entering into cooperative agreements with willing State and 
local governments, private and nonprofit entities and landowners 
for protection, restoration and enhancement of fish and wildlife 
habitat, and other resources on public or private land or both 
that benefit these resources within the watershed. 
(b) DIRECT AND INDIRECT WATERSHED AGREEMENTS.—^The Sec-
retary of Agriculture may enter into a watershed restoration and 
enhancement agreement— 
(1) directly with a willing private landowner; or 
(2) indirectly through an agreement with a State, local 
or tribal government or other public entity, educational institu-
tion, or private nonprofit organization. 
(c) TERMS AND CONDITIONS.—In order for the Secretary to enter 
into a watershed restoration and enhancement agreement— 
(1) the agreement shall— 
(A) include such terms and conditions mutually agreed 
to by the Secretary and the landowner; 
(B) improve the viability of and otherwise benefit the 
fish, wildlife, £md other resources on national forests lands 
within the watershed; 
(C) authorize the provision of technical assistance by 
the Secretary in the planning of management activities 
that will further the purposes of the agreement; 
(D) provide for the sharing of costs of implementing 
the agreement among the Federal Government, 
the 
landowners), and other entities, as mutually agreed on 
by the afiected interests; and 
(E) ensure that any expenditure by the Secretary 
pursuant to the agreement is determined by the Secretary 
to be in the public interest; and 
(2) the Secretary may require such other terms and condi-
tions as are necessary to protect the public investment on 
non-Federal lands, provided such terms and conditions are 
mutually agreed to by the Secretary and other landowners. 
State and local governments or both. 
SEC. 335. The joint resolution entitled "Joint Resolution to 
16 USC 431 note, 
establish a commission to formulate plans for a memorial to Frank-
lin Delano Roosevelt", approved August 11, 1955 (69 Stat. 694), 
is amended— 
(1) in the first section by inserting before the last sentence 
the following: "The Commission shall submit a final report 
to the President and Congress prior to termination."; 
(2) by redesignating section 4 as section 5; and 
(3) by inserting after section 3 the following: 
"TERMINATION OF THE COMMISSION 
"SEC. 4. (a) IN GENERAL.—^The Commission shall terminate 
on the earlier of— 
I l l STAT. 1602 
PUBLIC LAW 105-83—NOV. 14, 1997 
"(1) December 31, 1997; or 
"(2) the date that the Commission reports to the President 
and the Congress that the Commission's work is complete. 
"(b) COMMISSION FUNDS.— 
"(1) DESIGNATION.—Before the termination of the Commis-
sion, the Commission shall designate a nonprofit organization 
to collect, mginage, and expend Commission funds after its 
termination. 
"(2) TRANSFER OF FUNDS.—^Before termination the Commis-
sion shall transfer all Commission funds to the entity des-
ignated under paragraph (1). 
"(3) AMOUNTS COLLECTED AFTER TERMINATION.—^The entity 
designated under paragraph (1) shall have the right to collect 
any amounts accruing to the Commission after the Commis-
sion's termination, including amounts— 
"(A) given to the Commission as a gift or bequest; 
or 
"(B) raised from the sale of coins issued under the 
United States Commemorative Coin Act of 1996 (110 Stat. 
4005; 31 U.S.C. 5112 note). 
"(4) USES OF FUNDS.—^The Commission may specify uses 
for any funds made available under this section to the entity 
designated under paragraph (1), including— 
"(A) to provide for the support, maintenance, and repair 
of the Memorial; and 
"(B) to interpret and educate the public about the 
Memorial. 
"(5) NEGOTIATION AND CONTRACT.—^The Commission may 
negotiate and contract with a nonprofit organization before 
designating the organization under paragraph (1).". 
l6USC544g 
SEC. 336. To facilitate priority land exchanges through which 
note. 
the United States will receive land within the White Salmon Wild 
and Scenic River boundaries and within the Columbia River Gorge 
National Scenic Area, the Secretary of Agriculture may, until 
September 30, 2000, accept title to such lands deemed appropriate 
by the Secretary within the States of Oregon and Washington, 
regardless of the State in which the transferred lands are located, 
following existing exchange authorities. 
SEC. 337. The boundary of the Wenatchee National Forest 
in Chelan County, Washington, is hereby adjusted to exclude section 
1 of Township 23 North, Range 19 East, Willamette Meridian. 
SEC. 338. None of the funds provided in this Act can be used 
for any activities associated with the Center of Excellence for 
Sustainable Development unless a budget request has been submit-
ted and approved by the Committees on Appropriations of the 
House of Representatives and the Senate. 
SEC. 339. (a) No funds provided in this or any other Act may 
be expended to develop a rulemaking proposal to amend or replace 
the Bureau of Land Management regulations found at 43 CFR 
3809 or to prepare a draft environmental impact statement on 
such proposal, until the Secretary of the Interior certifies to the 
Committees on Energy and Natural Resources and Appropriations 
of the Senate and the Committees on Resources and Appropriations 
of the House of Representatives that the Department of the Interior 
has consulted with the Governor, or his/her representative, from 
each State that contains public lands open to location under the 
General Mining Laws. 
note. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1603 
(b) The Secretary shall not publish proposed regulations to 
amend or replace the Bureau of Land Management regulations 
found at 43 CFR 3809 prior to November 15, 1998, and shall 
not finalize such regulations prior to 90 days after such publication. 
SEC. 340. (a) The Secretary of Agriculture is authorized and Washington. 
directed to negotiate with Skamania County for the exchange of i^^V^^^^^ 
lands or interests in lands constituting the Wind River Nursery 
Site within the Gifford Pinchot National Forest, Washington. 
(b) In return for the Nursery Site properties, Skamania County 
is authorized and directed to negotiate with the Forest Service 
the conveyance of approximately 120 acres of high biodiversity, 
special management lands located near Table Mountain within 
the Columbia River Gorge National Scenic Area, title to which 
must be acceptable to the Secretary of Agriculture. 
(c) Before this exchange can occur, it must be of equal value 
and the Secretary and the Skamania County Board of Commis-
sioners must agree on the exact parcels of land to be included 
in the exchange. An agreement signed by the Secretary of Agri-
culture and the Skamania County Board of Commissioners describ-
ing the properties involved and a certification that the exchange 
is of equal value must be completed no later than September 
30, 1999. 
(d) During this two-year negotiating period, the Wind River 
Nursery property shall not be conveyed to another party. The Forest 
Service shall maintain the site in a tenantable condition. 
(e) Except as provided herein, the exchange shall be for equal 
value in accordance with land exchange authorities applicable to 
the National Forest System. 
if) The Secretary is directed to equalize values by not only 
cash and exchange of lands, easements, reservations, and other 
interests in lands, but also by full value credit for such services 
as Skamania County provides to the Gifford Pinchot and Columbia 
River Grorge National Scenic Area and as the Secretary and 
Skamania County deem appropriate. The Secretary may accept 
services in lieu of cash when the Secretary can discern cash value 
for the services and when the Secretary determines such services 
would provide direct benefits to lands and resources and users 
of such lands and resources under the jurisdiction of the Secretary. 
(g) Any cash equalization which Skamania County elects to 
make may be made up to 50 percent of the fair market value 
of the Federal property, and such cash equalization may be made 
in installments over a period not to exceed 25 years. Payments 
received as partial consideration shall be deposited into the fund 
in the Treasury established under the Act of December 4, 1967, 
commonly known as the Sisk Act, and shall be available for expendi-
ture as provided in the Act except that the Secretary may not 
use those funds to purchase lands within Skamania County. 
(h) In defining the Federal estate to be conveyed, the Secretary 
may require such additional terms and conditions as deemed nec-
essary in connection with assuring equal value and public interest 
considerations in this exchange including, but not limited to, contin-
ued research use of the Wind River Experimental Forest and protec-
tion of natural, cultural, and historic resources, existing administra-
tive sites, and a scenic corridor for the Pacific Crest National 
Scenic Trail. 
(i) This authorization is predicated on Skamania County's 
Board of Commissioners commitment to give foremost consideration 
I l l STAT. 1604 
PUBLIC LAW 105-83—NOV. 14, 1997 
16 use 668dd 
note. 
16 use 497d. 
to preservation of the overall integrity of the site and conservation 
of the educational and research potential of the site, including 
providing for access to and assurance of the continued administra-
tion and operation of forestry research on the adjacent Thornton 
Munger Research Natural Area. 
(j) The Secretary is further directed to cooperate with Skamania 
County to address applicable Federal and State environmental laws. 
(k) Notwithstanding the processes involved with the National 
Environmental Policy Act and the State Environmental Policy Act, 
should the Secretary of Agriculture and the Skamania County Board 
of Commissioners fail to reach an agreement on an equal value 
exchange defined under the terms of this legislation by September 
30, 1999, the Wind River Nursery Site shall remain under Forest 
Service ownership and be maintained by the Forest Service in 
a tenantable condition. 
SEC. 341. The National Wildlife Refuge in Jasper and Marion 
Counties, Iowa, authorized in Public Law 101-302 shall be referred 
to in any law, regulation, document or record of the United States 
in which such project is referred to, as the Neal Smith National 
Wildlife Refuge. 
SEC. 342. None of the funds in this or any other Act shall 
be expended by the Department of the Interior, the Forest Service 
or any other Federal agency, for the introduction of the grizzly 
bear population in the Selway-Bitteroot area of Idaho and adjacent 
Montana, or for consultations under section 7(b)(2) of the Endan-
gered Species Act for Federal actions affecting grizzly bear within 
the Selway-Bitteroot area of Idaho, except that, funds may be 
used by the Department of the Interior or the Forest Service, 
or any other Federal agency for the purposes of receiving public 
comment on the draft Environmental Impact Statement dated July 
1997 and issuing a Record of Decision, and for conducting a habitat-
based population viability analysis. 
SEC. 343. The Secretary of Agriculture shall hereafter phase 
in, over a 3-year period in equal annual installments, that portion 
of the fee increase for a recreation residence special use permit 
holder which is more than 100 percent of the previous year's fee: 
Provided, That no recreation residence fee may be increased any 
sooner than one year from the time the permittee has been notified 
by the Forest Service of the results of an appraisal which has 
been conducted for the purpose of establishing such fees: Provided 
further. That no increases in recreation residence fees on the Saw-
tooth National Forest will be implemented prior to January 1, 
1999. 
SEC. 344. It is the sense of the Senate that— 
(1) preserving Civil War battlefields should be an integral 
part of preserving our Nation's history; and 
(2) Congress should give special priority to the preservation 
of Civil War battlefields by making funds available for the 
purchase of threatened and endangered Civil War battlefield 
sites. 
SEC. 345. It is the sense of the Senate that, inasmuch as 
there is disagreement as to what extent, if any. Federal funding 
for the arts is appropriate, and what modifications to the mechanism 
for such funding may be necessary; and further, inasmuch as there 
is a role for the private sector to supplement the Federal, State, 
and local partnership in support of the arts, hearings should be 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1605 
conducted and legislation addressing these issues should be brought 
before the full Senate for debate and passage during this Congress. 
SEC. 346. (a) In providing services or awarding financial assist-
ance under the National Foundation on the Arts and the Human-
ities Act of 1965 from funds appropriated under this Act, the 
Chairperson of the National Endowment for the Arts shall ensure 
that priority is given to providing services or awarding financial 
assistance for projects, productions, workshops, or programs that 
serve underserved populations. 
(b) In this section: 
(1) The term "underserved population" means a population 
of individuals who have historically been outside the purview 
of arts and humanities programs due to factors such as a 
high incidence of income below the poverty line or to geographic 
isolation. 
(2) The term "poverty line" means the poverty line (as 
defined by the Office of Management and Budget, and revised 
annually in accordance with section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2))) appHcable to 
a family of the size involved. 
(c) In providing services and awarding financial assistance 
under the National Foundation on the Arts and Humanities Act 
of 1965 with funds appropriated by this Act, the Chairperson of 
the National Endowment for the Arts shall ensure that priority 
is given to providing services or awarding financial assistance for 
projects, productions, workshops, or programs that will encourage 
public knowledge, education, understanding, and appreciation of 
the arts. 
(d) With funds appropriated by this Act to carry out section Grants. 
5 of the National Foundation on the Arts and Humanities Act 
of 1965— 
(1) the Chairperson shall establish a grant category for 
projects, productions, workshops, or programs that are of 
national impact or availability or are able to tour several States; 
(2) the Chairperson shall not make grants exceeding 15 
percent, in the aggregate, of such funds to any single State, 
excluding grants made under the authority of paragraph (1); 
and 
(3) the Chairperson shall report to the Congress annually Reports, 
and by State, on grants awarded by the Chairperson in each 
grant category under section 5 of such Act. 
(e) Section 6(b) of the National Foundation on the Arts and 
the Humanities Act of 1965 (20 U.S.C. 955(b)) is amended to read 
as follows: 
"(b) 
APPOINTMENT AND COMPOSITION OF COUNCIL.—(1) 
The 
Council shall be composed of members as follows: 
"(A) The Chairperson of the National Endowment for the 
Arts, who shall be the chairperson of the Council. 
"(B) Members of Congress appointed for a 2-year term 
beginning on January 1 of each odd-numbered year as follows: 
"(i) Two Members of the House of Representatives 
appointed by the Speaker of the House of Representatives, 
"(ii) One Member of the House of Representatives 
appointed by the Minority Leader of the House of Rep-
resentatives. 
"(iii) One Senator appointed by the Majority Leader 
of the Senate. 
I l l STAT. 1606 
PUBLIC LAW 105-83—NOV. 14, 1997 
"(iv) One Senator appointed by the Minority Leader 
of the Senate. 
Members of the Council appointed under this subparagraph 
shall serve ex officio and shall be nonvoting members of the 
Council. 
President. 
"(C) 14 members appointed by the President, by and with 
the advice and consent of the Senate, who shall be selected— 
"(i) from among private citizens of the United States 
who— 
"(I) are widely recognized for their broad knowl-
edge of, or expertise in, or for their profound interest 
in the arts; and 
"(II) have established records of distinguished serv-
ice, or achieved eminence, in the arts; 
"(ii) so as to include practicing artists, civic cultural 
leaders, members of the museum profession, and others 
who are professionally engaged in the arts; and 
"(iii) so as collectively to provide an appropriate dis-
tribution of membership among major art fields and 
interested citizens groups. 
In making such appointments, the President shall give due regard 
to equitable representation of women, minorities, and individuals 
with disabilities who are involved in the arts and shall make 
such appointments so as to represent equitably all geographical 
areas in the United States. 
"(2) TRANSITION TO THE NEW COUNCIL COMPOSITION.— 
"(A) Notwithstanding subsection (b)(1)(B), members first 
appointed pursuant to such subsection shall be appointed not 
later than December 31, 1997. Notwithstanding such sub-
section, such members shall be appointed to serve until Decem-
ber 31, 1998. 
"(B) Members of the Council serving on the effective date 
of this subsection may continue to serve on the Council until 
their current terms expire and new members shall not be 
appointed under subsection (b)(1)(C) until the number of Presi-
dentially appointed members is less than 14.". 
(f) Section 6(c) of the National Foundation on the Arts and 
the Humanities Act of 1965 (20 U.S.C. 955(c)) is amended— 
(1) by inserting "appointed under subsection (b)(1)(C)" after 
"member" each place it appears; and 
(2) in the second sentence by inserting "appointed under 
subsection (b)(1)(C)" after "members". 
SEC. 347. No timber sale in Region 10 shall be advertised 
which, when using domestic Alaska western red cedar selling values 
and manufacturing costs, fails to provide at least 60 percent of 
normal profit and risk of the appraised timber, except at the written 
request by a prospective bidder. Program accomplishments shall 
be based on volume sold. Should Region 10 sell, in fiscal year 
1998, the annual average portion of the decadal allowable sale 
quantity called for in the current Tongass Land Management Plan 
which provides greater than 60 percent of normal profit and risk 
at the time of the sale advertisement, all of the western red cedar 
timber from those sales which is surplus to the needs of domestic 
processors in Alaska, shall be made available to domestic processors 
in the contiguous 48 States at domestic rates. Should Region 10 
sell, in fiscal year 1998, less than the annual average portion 
of the decadal allowable sale quantity called for in the current 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1607 
Tongass Land Management Plan meeting the 60 percent of the 
normal profit and risk standard at the time of advertisement, 
the volume of western red cedar available to domestic processors 
at domestic rates in the contiguous 48 States shall be that volume: 
(1) which is surplus to the needs of domestic processors in Alaska; 
and (2) is that percent of the surplus western red cedar volume 
determined by calculating the ratio of the total timber volume 
which has been sold on the Tongass to the annual average portion 
of the decadal allowable sale quantity called for in the current 
Tongass Land Management Plan. All additional western red cedar 
volume not sold to Alaska or contiguous 48 States domestic proc-
essors may be exported and sold at export rates at the election 
of the timber sale holder. All Alaska yellow cedar may be sold 
at export rates at the election of the timber sale holder. 
SEC. 348. None of the funds in this Act may be used for 
planning, design or construction of improvements to Pennsylvania 
Avenue in front of the White House without the advance approval 
of the House and Senate Committees on Appropriations. 
SEC. 349. IMPLEMENTATION OF NEW GUIDELINES ON NATIONAL 
FORESTS IN ARIZONA AND NEW MEXICO.—(a) Notwithstanding any 
other provision of law, none of the funds made available under 
this or any other Act may be used for the purposes of executing 
any adjustments to annual operating plans, allotment management 
plans, or terms and conditions of existing grazing permits on 
National Forests in Arizona and New Mexico, which are or may 
be deemed necessary to achieve compliance with 1996 amendments 
to the applicable forest plans, until March 1, 1998, or such time 
as the Forest Service publishes a schedule for implementing pro-
posed changes, whichever occurs first. 
(b) Nothing in this section shall be interpreted to preclude 
the expenditure of funds for the development of annual operating 
plans, allotment management plans, or in developing modifications 
to grazing permits in cooperation with the permittee. 
(c) Nothing in this section shall be interpreted to chginge author-
ity or preclude the expenditure of funds pursuant to section 504 
of the 1995 Rescissions Act (Pubhc Law 104-19). 
SEC. 
350. 
PAYMENTS 
FOR ENTITLEMENT 
LAND.—Section 
6901(2)(A)(i) of title 31, United States Code, is amended by inserting 
"(other than in Alaska)" after "city" the first place such term 
appears. 
SEC. 351. Strike section 103(c)(7) of Public Law 104-333 and 
insert the following: 
"(7) STAFF.—^Notwithstanding any other provisions of law, 
the Trust is authorized to appoint and fix the compensation 
and duties and terminate the services of an executive director 
and such other officers and employees as it deems necessary 
without regard to the provisions of title 5, United States Code, 
or other laws related to the appointment, compensation or 
termination of Federal employees.". 
16 use 460bb 
note. 
TITLE IV—ENVIRONMENTAL IMPROVEMENT AND 
RESTORATION FUND 
SEC. 401. (a) FUND.—One half of the amounts awarded by 
the Supreme Court to the United States in the case of United 
States of America v. State of Alaska (117 S.Ct. 1888) shall be 
deposited in a fund in the Treasury of the United States to be 
43 use 1474d. 
I l l STAT. 1608 
PUBLIC LAW 105-83—NOV. 14, 1997 
Establishment. 
known as the "Environmental Improvement and Restoration Fund" 
(referred to in this section as the "Fund"). 
(b) INVESTMENTS.— 
(1) IN GENERAL.—^The Secretary of the Treasury shall invest 
amounts in the Fund in interest bearing obligations of the 
United States. 
(2) ACQUISITION OF OBLIGATIONS.—For the purpose of 
investments under paragraph (1), obligations may be acquired— 
(A) on original issue at the issue price; or 
(B) by purchase of outstanding obligations at the mar-
ket price. 
(3) SALE OF OBLIGATIONS.—^Any obligations acquired by 
the Fund may be sold by the Secretary of the Treasury at 
the market price. 
(4) CREDITS TO FUND.—^The interest earned from invest-
ments of the Fund shall be covered into and form a part 
of the Fund. 
(c) TRANSFER AND AVAILABILITY OF AMOUNTS EARNED.—^Each 
year, interest earned and covered into the Fund in the previous 
fiscal year shall be available for appropriation, to the extent pro-
vided in the subsequent appropriations Acts, as follows: 
(1) 80 percent of such amounts shall be made available 
to be equally divided among the Directors of the National 
Park Service, the United States Fish and Wildlife Service, 
the Bureau of Land Management, and the Chief of the Forest 
Service for high priority deferred maintenance and moderniza-
tion of facilities that directly enhance the experience of visitors, 
including natural, cultural, recreational, and historic resources 
protection projects in National Parks, National Wildlife Ref-
uges, and the public lands respectively as provided in subsection 
(d) and for payment to the State of Louisiana and its lessees 
for oil and gas drainage in the West Delta field. The Secretary 
shall submit with the annual budget submission to Congress 
a list of high priority maintenance and modernization projects 
for congressional consideration. 
(2) 20 percent of such amounts shall be made available 
to the Secretary of Commerce for the purpose of carrying out 
marine research activities in the North Pacific in accordance 
with subsection (e). 
(d) PROJECTS.—A project referred to in subsection (c)(1) shall 
be consistent with the laws governing the National Park System, 
the National Wildlife Refuge System, the public lands and Forest 
Service lands and management plan for such unit. 
(e) MARINE RESEARCH ACTIVITIES.—(1) Funds available under 
subsection (c)(2) shall be used by the Secretary of Commerce accord-
ing to this subsection to provide grants to Federal, State, private 
or foreign organizations or individuals to conduct research activities 
on or relating to the fisheries or marine ecosystems in the north 
Pacific Ocean, Bering Sea, and Arctic Ocean (including any lesser 
related bodies of water). 
(2) Research priorities and grant requests shall be reviewed 
and recommended for Secretarial approval by a board to be known 
as the North Pacific Research Board (referred to in this subsection 
as the "Board"). The Board shall seek to avoid duplicating other 
research activities, and shall place a priority on cooperative research 
efforts designed to address pressing fishery management or marine 
ecosystem information needs. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1609 
(3) The Board shall be comprised of the following representa-
tives or their designees— 
(A) the Secretary of Commerce, who shall be a co-chair 
of the Board; 
(B) the Secretary of State; 
(C) the Secretary of the Interior; 
(D) the Commandant of the Coast Guard; 
(E) the Director of the Office of Naval Research; 
(F) the Alaska Commissioner of Fish and Game, who shall 
also be a co-chair of the Board; 
(G) the Chairman of the North Pacific Fishery Management 
Council; 
(H) the Chairman of the Arctic Research Commission; 
(I) the Director of the Oil Spill Recovery Institute; 
(J) the Director of the Alaska SeaLife Center; 
(K) five members nominated by the Governor of Alaska 
and appointed by the Secretary of Commerce, one of whom 
shall represent fishing interests, one of whom shall represent 
Alaska Natives, one of whom shall represent environmental 
interests, one of whom shall represent academia, and one of 
* 
whom shall represent oil and gas interests; 
(L) three members nominated by the Governor of Washing-
ton and appointed by the Secretary of Commerce; and 
(M) one member nominated by the Governor of Oregon 
and appointed by the Secretary of Commerce. 
The members of the Board shall be individuals knowledgeable by 
education, training, or experience regarding fisheries or marine 
ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean. 
Three nominations shall be submitted for each member to be 
appointed under subparagraphs (K), (L), and (M). Board members 
appointed under subparagraphs (K), (L), and (M) shall serve for 
three-year terms, and may be reappointed. 
(4)(A) The Secretary of Commerce shall review and administer 
grants recommended by the Board. If the Secretary does not approve 
a grant recommended by the Board, the Secretary shall explain 
in writing the reasons for not approving such grant, and the amount 
recommended to be used for such grant shall be available only 
for other grants recommended by the Board. 
(B) Grant recommendations and other decisions of the Board 
shall be by majority vote, with each member having one vote. 
The Board shall establish written criteria for the submission of Regulations, 
grant requests through a competitive process and for deciding upon 
the award of grants. Grants shall be recommended by the Board 
on the basis of merit in accordance with the priorities established 
by the Board. The Secretary shall provide the Board such adminis-
trative and technical support as is necessary for the effective func-
tioning of the Board. The Board shall be considered an advisory 
panel established under section 302(g) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) for the purposes of section 302(i)(l) of such Act, and the 
other procedural matters applicable to advisory panels under section 
302(i) of such Act shall apply to the Board to the extent practicable. 
Members of the Board may be reimbursed for actual expenses 
incurred in performance of their duties for the Board. Not more 
than 5 percent of the funds provided to the Secretary of Commerce 
under paragraph (1) may be used to provide support for the Board 
and administer grants under this subsection. 
I l l STAT. 1610 
PUBLIC LAW 105-83—NOV. 14, 1997 
(f) SUNSET.—If amounts are not assumed by the concurrent 
budget resolution and appropriated from the Fund by December 
15, 1998, the Fund shall terminate and the amounts in the Fund 
including the accrued interest shall be applied to reduce the Federal 
deficit. 
TITLE V—PRIORITY LAND ACQUISITIONS, LAND 
EXCHANGES, AND MAINTENANCE 
For priority land acquisitions, land exchange agreements, other 
activities consistent with the Land and Water Conservation Fund 
Act of 1965, as amended, and critical maintenance to be conducted 
by the Bureau of Land Management, the United States Fish and 
Wildlife Service, the National Park Service and the Forest Service, 
$699,000,000, to be derived from the Land and Water Conservation 
Fund notwithstanding any other provision of law, to remain avail-
able until September 30, 2001, of which $167,000,000 is available 
to the Secretary of Agriculture and $532,000,000 is available to 
the Secretary of the Interior: Provided, That of the funds made 
available to the Secretary of Agriculture, not to exceed $65,000,000 
may be used to acquire interests to protect and preserve Yellowstone 
National Park, pursuant to the terms and conditions set forth 
in sections 502 and 504 of this title, and $12,000,000 may be 
used for the rehabilitation and maintenance of the Beartooth High-
way pursuant to section 502 of this title: Provided further. That 
of the funds made available to the Secretary of the Interior, not 
to exceed $250,000,000 may be used to acquire interests to protect 
and preserve the Headwaters Forest, pursuant to the terms and 
conditions set forth in sections 501 and 504 of this title, and 
$10,000,000 may be used for a direct payment to Humboldt County, 
Reports. 
California pursuant to section 501 of this title: Provided 
further. 
That the Secretary of the Interior and the Secretary of Agriculture, 
after consultation with the heads of the Bureau of Land Manage-
ment, the United States Fish and Wildlife Service, the National 
Park Service and the Forest Service, shall, in fiscal year 1998 
and each of the succeeding three fiscal years, jointly submit to 
Congress a report listing the lands and interests in land that 
the Secretaries propose to acquire or exchange and the maintenance 
requirements they propose to address using funds provided under 
this heading for purposes other than the purposes of sections 501 
and 502 of this title: Provided further, That none of the funds 
appropriated under this title for purposes other than the purposes 
of sections 501 and 502 of this title shall be available until the 
House Committee on Appropriations and the Senate Committee 
on Appropriations approve, in writing, a list of projects to be under-
taken with such funds: Provided further. That moneys provided 
in this title, when combined with moneys provided by other titles 
in this Act, shall, for the purposes of section 205(a) of H. Con. 
Res. 84 (105th Congress), be considered to provide $700,000,000 
in budget authority for fiscal year 1998 for Federal land acquisitions 
and to finalize priority land exchanges. 
California. 
S E C . 501. HEADWATERS FOREST AND E L K RIVER 
PROPERTY 
16 use 47ij. 
ACQUISITION, (a) AUTHORIZATION.—Subject to the terms and condi-
tions of this section, up to $250,000,000 from the Land and Water 
Conservation Fund is authorized to be appropriated to acquire 
lands referenced in the Agreement of September 28, 1996, which 
consist of approximately 4,500 acres commonly referred to as the 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1611 
"Headwaters Forest", approximately 1,125 acres referred to as the 
"Elk Head Forest", and approximately 9,600 acres referred to as 
the "Elk River Property", which are located in Humboldt County, 
California. This section is the sole authorization for the acquisition 
of such property, which is the subject of the Agreement dated 
September 28, 1996 between the United States of America (herein-
after "United States"), the State of California, MAXXAM, Inc., 
and the Pacific Lumber Company. Of the entire Elk River Property, 
the United States and the State of California are to retain approxi-
mately 1,845 acres and transfer the remaining approximately 7,755 
acres of Elk River Property to the Pacific Lumber Company. The 
property to be acquired and retained by the United States and 
the State of California is that property that is the subject of the 
Agreement of September 28, 1996 as generally depicted on maps 
labeled as sheets 1 through 7 of Township 3 and 4 North, Ranges 
1 East and 1 West, of the Humboldt Meridian, California, titled 
"Dependent Resurvey and Tract Survey", as approved by Lance 
J. Bishop, Chief Cadastral Surveyor—California, on August 29, 
1997. Such maps shall be on file in the Office of the Chief Cadastral 
Surveyor, Bureau of Land Management, Sacramento, California. 
The Secretary of the Interior is authorized to make such typo-
graphical and other corrections to this description as are mutually 
agreed upon by the parties to the Agreement of September 28, 
1996. The land retained by the United States and the State of 
California (approximately 7,470 acres) shall hereafter be the "Head-
waters Forest". Any funds appropriated by the Federal Government 
to acquire lands or interests in lands that enlarge the Headwaters 
Forest by more than five acres per each acquisition shall be subject 
to specific authorization enacted subsequent to this Act, except 
that such funds may be used pursuant to existing authorities to 
acquire such lands up to five acres per each acquisition or interests 
in lands that may be necessary for roadways to provide access 
to the Headwaters Forest. 
(b) EFFECTIVE PERIOD OF AUTHORIZATION.—^The authorization 
in subsection (a) expires March 1, 1999 and shall become effective 
only— 
(1) when the State of California provides a $130,000,000 
contribution for the transaction; 
(2) when the State of California approves a Sustained 
Yield Plan covering Pacific Lumber Company timber property; 
(3) when the Pacific Lumber Company dismisses the follow-
ing legal actions as evidenced by instruments in form and 
substance satisfactory to each of the parties to such legal 
actions: Pacific Lumber Co. v. United States, No. 96-257L 
(Fed. Cls.) and Salmon Creek Corp. v. California Board of 
Forestry, No. 96-CS-1057 (Cal. Super. Ct.); 
(4) when the incidental take permit under section 10(a) 
of the Endangered Species Act (based upon a multispecies 
Habitat Conservation Plan covering Pacific Lumber Company 
timber property, including applicable portions of the Elk River 
Property) is issued by the United States Fish and Wildlife 
Service and the National Marine Fisheries Service; 
(5) after an appraisal of all lands and interests therein 
to be acquired by the United States has been undertaken, 
such appraisal has been reviewed for a period not to exceed 
30 days by the Comptroller General of the United States, 
and such appraisal has been provided to the Committee on 
I l l STAT. 1612 
PUBLIC LAW 105-83—NOV. 14, 1997 
Resources of the House of Representatives, the Committee on 
Energy and Natural Resources of the Senate, and the Commit-
tees on Appropriations of the House and Senate; 
(6) after the Secretary of the Interior issues an opinion 
of value to the Committee on Resources of the House of Rep-
resentatives, the Committee on Energy and Natural Resources 
of the Senate, and the Committees on Appropriations of the 
House and Senate for the land and property to be acquired 
by the Federal Government. Such opinion of value shall also 
include the total value of all compensation (including tax bene-
fits) proposed to be provided for the acquisition; 
(7) after an Environmental Impact Statement for the pro-
posed Habitat Conservation Plan has been prepared and com-
pleted in accordance with the applicable provisions of the 
National Environmental Policy Act of 1969; and 
(8) when adequate provision has been made for public 
access to the property. 
(c) ACQUISITION.—Notwithstanding any other provision of law, 
the amount paid by the United States to acquire identified lands 
and interests in lands referred to in section 501(a) may differ 
from the value contained in the appraisal required by section 
501(b)(5) if the Secretary of the Interior certifies, in writing, to 
Congress that such action is in the best interest of the United 
States. 
Reports. 
(d) HABITAT CONSERVATION PLAN.— 
(1) APPLICABLE STANDARDS.^Within 60 days after the 
enactment of this section, the Secretary of the Interior and 
the Secretary of Commerce shall report to the Committee on 
Energy and Natural Resources of the Senate and the Committee 
on Resources of the House of Representatives on the scientific 
and legal standards and criteria for threatened, endangered, 
and candidate species under the Endangered Species Act and 
any other species used to develop the habitat conservation 
plan (hereinafter "HCP") and the section 10(a) incidental take 
permit for the Pacific Lumber Company land. 
(2) REPORT.—If the Pacific Lumber Company submits an 
application for an incidental take permit under section 10(a) 
of the Endangered Species Act for the transaction authorized 
by subsection (a), and the permit is not issued, then the United 
States Fish and Wildlife Service and the National Marine Fish-
eries Service shall set forth the substantive rationale or ration-
ales for why the measures proposed by the applicant for such 
permit did not meet the issuance criteria for the species at 
issue. Such report shall be submitted to the Congress within 
60 days of the decision not to issue such permit or by May 
1, 1999, whichever is earlier. 
(3) HCP STANDARDS.—If a section 10(a) permit for the 
Pacific Lumber Company HCP is issued, it shall be deemed 
to be unique to the circumstances associated with the acquisi-
tion authorized by this section and shall not establish a higher 
or lesser standard for any other multispecies HCPs th£in would 
otherwise be established under existing law. 
(e) PAYMENT TO HUMBOLDT COUNTY.—^Within 30 days of the 
acquisition of the Headwaters Forest, the Secretary of the Interior 
shall provide a $10,000,000 direct payment to Humboldt County, 
California. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1613 
(f) PAYMENT IN LIEU O F TAXES.—The Federal portion of the 
Headwaters Forest acquired pursuant to this section shall be 
entitlement land under section 6905 of title 31 of the United States 
Code. 
(g) OUT-YEAR BUDGET LIMITATIONS.—The following funding 
limitations and parameters shall apply to the Headwaters Forest 
acquired under subsection (a)— 
(1) At least 50 percent of the total funds for management 
of such lands above the annual level of $100,000 shall (with 
the exception of law enforcement activities and emergency 
activities) be from non-Federal sources. 
(2) Subject to appropriations, the authorized annual Fed-
eral funding for management of such land is $300,000 (with 
the exception of law enforcement activities and emergency 
activities). 
(3) The Secretary of the Interior or the Headwaters Forest 
Management Trust referenced in subsection (h) is authorized 
to accept and use donations of funds and personal property 
from the State of California, private individuals, and other 
nongovernmental entities for the purpose of management of 
the Headwaters Forest. 
(h) HEADWATERS FOREST MANAGEMENT TRUST.—^The Secretary 
of the Interior is authorized, with the written concurrence of the 
Governor of the State of California, to establish a Headwaters 
Forest Management Trust ("Trust") for the management of the 
Headwaters Forest as follows: 
(1) 
MANAGEMENT 
AUTHORITY.—^The 
Secretary 
of 
the 
Interior is authorized to vest management authority and 
responsibility in the Trust composed of a board of five trustees 
each appointed for terms of three years. Two trustees shall 
be appointed by the Governor of the State of California. Three President. 
trustees shall be appointed by the President of the United 
States. The first group of trustees shall be appointed within 
60 days of exercising the authority under this subsection and 
the terms of the trustees shall begin on such day. The Secretary 
of the Interior, the Secretary of Resources of the State of 
California, and the Chairman of the Humboldt County Board 
of Supervisors shall be nonvoting, ex officio members of the 
board of trustees. The Secretary is authorized to make grants 
to the Trust for the management of the Headwaters Forest 
from amounts authorized and appropriated. 
(2) OPERATIONS.—The Trust shall have the power to 
develop and implement the management plan for the Head-
waters Forest. 
(i) MANAGEMENT PLAN.— 
(1) IN GENERAL.—^A concise management plan for the Head-
waters Forest shall be developed and periodically amended 
as necessary by the Secretary of the Interior in consultation 
with the State of California (and in the case that the authority 
provided in subsection (h) is exercised, the trustees shall 
develop and periodically amend the management plan), and 
shall meet the following requirements: 
(A) Management goals for the plan shall be to conserve 
and study the land, fish, wildlife, and forests occurring 
on such land while providing public recreation opportuni-
ties and other management needs. 
I l l STAT. 1614 
PUBLIC LAW 105-83—NOV. 14, 1997 
(B) Before a management structure and management 
plan are adopted for such land, the Secretary of the Interior 
or the board of trustees, as the case may be, shall submit 
a proposal for the structure and plan to the Committee 
on Energy and Natural Resources of the Senate arid the 
Committee on Resources of the House of Representatives. 
The proposed management •plan shall not become effective 
until the passage of 90 days after its submission to the 
Committees, 
Reports. 
(C) The Secretary of the Interior or the board of trust-
ees, as the case may be, shall report annually to the 
Committee on Energy and Natural Resources of the Senate, 
the Committee on Resources of the House of Representa-
tives, and the House and Senate Committees on Appropria-
tions concerning the management of lands acquired under 
the authority of this section and activities undertaken on 
such lands. 
(2) PLAN.—^The msuiagement plan shall guide general 
management of the Headwaters Forest. Such plan shall address 
the following management issues— 
(A) scientific research on forests, fish, wildlife, and 
other such activities that will be fostered and permitted 
on the Headwaters Forest; 
(B) providing recreation opportunities on the Head-
waters Forest; 
(C) access to the Headwaters Forest; 
(D) construction of minimal necessary facilities within 
the Headwaters Forest so as to maintain the ecological 
integrity of the Headwaters Forest; 
(E) other management needs; and 
(F) an annual budget for the management of the Head-
waters Forest, which shall include a projected revenue 
schedule (such as fees for research and recreation) and 
projected expenses. 
(3) COMPLIANCE.—^The National Environmental Policy Act 
shall apply to the development and implementation of the 
management plan. 
(j) COOPERATIVE MANAGEMENT.— 
(1) The Secretary of the Interior may enter into agreements 
with the State of California for the cooperative management 
of any of the following: Headwaters Forest, Redwood National 
Park, and proximate State lands. The purpose of such agree-
ments is to acquire from and provide to the State of California 
goods and services to be used by the Secretary and the State 
of California in cooperative management of lands if the Sec-
retary determines that appropriations for that purpose are 
available and an agreement is in the best interests of the 
United States; and 
(2) an assignment arranged by the Secretary under section 
3372 of title 5, United States Code, of a Federal or State 
employee for work in any Federal or State of California lands, 
or an extension of such assignment, may be for any period 
of time determined by the Secretary or the State of California, 
as appropriate, to be mutually beneficial. 
SEC. 
502. 
PROTECTION AND PRESERVATION OF YELLOWSTONE 
NATIONAL PARK-ACQUISITION OF CROWN BUTTE MINING INTERESTS. 
(a) AUTHORIZATION.—Subject to the terms and conditions of this 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1615 
section, up to $65,000,000 from the Land and Water Conservation 
Fund is authorized to be appropriated to acquire identified lands 
and interests in lands referred to in the Agreement of August 
12, 1996 to protect and preserve Yellowstone National Park. 
(b) CONDITIONS OF ACQUISITION AUTHORITY.—The Secretary 
of Agriculture may not acquire the District Property until: 
(1) the parties to the Agreement have entered into and 
lodged with the United States District Court for the District 
of Montana a consent decree as required under the Agreement 
that requires, among other things, Crown Butte to perform 
response or restoration actions (or both) or pay for such actions 
in accordance with the Agreement; 
(2) an appraisal of the District Property has been under-
taken, such appraisal has been reviewed for a period not to 
exceed 30 days by the Comptroller General of the United States, 
and such appraisal has been provided to the Committee on 
Resources of the House of Representatives, the Committee on 
Energy and Natural Resources of the Senate, and the House 
and Senate Committees on Appropriations; 
(3) after the Secretary of Agriculture issues an opinion 
of value to the Committee on Resources of the House of Rep-
resentatives, the Committee on Energy and Natural Resources 
of the Senate, and the House and Senate Committees on Appro-
priations for the land and property to be acquired by the 
Federal Government; and 
(4) the applicable requirements of the National Environ-
mental Policy Act have been met. 
(c) ACQUISITION.—^Notwithstanding any other provision of law, 
the amount paid by the United States to acquire identified lands 
and interests in lands referred to in the Agreement of August 
12, 1996 to protect and preserve Yellowstone National Park may 
exceed the value contained in the appraisal required by section 
502(b)(2) if the Secretary of Agriculture certifies, in writing, to 
Congress that such action is in the best interest of the United 
States. 
(d) DEPOSIT IN ACCOUNT.—Immediately upon receipt of pay-
ments from 
the United 
States, Crown Butte shall 
deposit 
$22,500,000 in an interest bearing account in a private, federally 
chartered financial institution that, in accordance with the Agree-
ment, shall be— 
(1) acceptable to the Secretary of Agriculture; and 
(2) available to carry out response and restoration actions. 
The balance of amounts remaining in such account after comple-
tion of response and restoration actions shall be available to the 
Secretary of Agriculture for use in the New World Mining District 
for any environmentally beneficial purpose otherwise authorized 
by law. 
(e) MAINTENANCE AND REHABILITATION OF BEARTOOTH HIGH-
WAY.— 
(1) MAINTENANCE.^The Secretary of Agriculture shall, 
consistent with the funds provided herein, be responsible for— 
(A) snow removal on the Beartooth Highway from mile-
post 0 in Yellowstone National Park, into and through 
Wyoming, to milepost 43.1 on the border between Wyoming 
and Montana; and 
I l l STAT. 1616 
PUBLIC LAW 105-83—NOV. 14, 1997 
(B) pavement preservation, in conformance with a 
pavement preservation plan, on the Beartooth Highway 
from milepost 8.4 to milepost 24.5. 
(2) REHABILITATION.—^The Secretary of Agriculture shall 
be responsible for conducting rehabilitation and minor widening 
of the portion of the Beartooth Highway in Wyoming that 
runs from milepost 24.5 to milepost 43.1. 
(3) AUTHORIZATION OF APPROPRIATIONS.—^There is author-
ized to be appropriated to the Secretary of Agriculture— 
(A) for snow removal and pavement preservation under 
paragraph (1), $2,000,000; and 
(B) for rehabilitation under paragraph (2), $10,000,000. 
(4) AVAILABILITY OF FUNDS.—^Within 30 days of the acquisi-
tion of lands and interests in lands pursuant to this section, 
the funds authorized in subsection (e)(3) and appropriated here-
in for that purpose shall be made available to the Secretary 
of Agriculture. 
(f) RESPONSE AND RESTORATION PLAN.—^The Administrator of 
the Environmental Protection Agency and the Secretary of Agri-
culture shall approve or prepare a plan for response and restoration 
activities to be undertaken pursuant to the Agreement and a quar-
terly accounting of expenditures made pursuant to such plan. The 
plan and accountings shall be transmitted to the Committee on 
Resources of the House of Representatives, the Senate Committee 
on Energy and Natural Resources and the House and Senate 
Committees on Appropriations. 
(g) MAP.—^The Secretary of Agriculture shall provide to the 
Committee on Resources of the House of Representatives, the Sen-
ate Committee on Energy and Natural Resources and the House 
and Senate Committees on Appropriations, a map depicting the 
acreage to be acquired pursuant to this section. 
(h) DEFINITIONS.—In this section: 
(1) AGREEMENT.—The term "Agreement" means the agree-
ment in principle, concerning the District Property, entered 
into on August 12, 1996 by Crown Butte Mines, Inc., Crown 
Butte Resources Ltd., Greater Yellowstone Coalition, Northwest 
Wyoming Resource Council, Sierra Club, Gallatin Wildlife 
Association, Wyoming Wildlife Federation, Montana Wildlife 
Federation, Wyoming Outdoor Council, Beartooth Alliance, and 
the United States of America, with such other changes mutually 
agreed to by the parties. 
(2) BEARTOOTH HIGHWAY.—^The term "Beartooth Highway" 
means the portion of United States Route 212 that runs from 
the northeast entrance of Yellowstone National Park near Silver 
Gate, Montana, into and through Wyoming to Red Lodge, Mon-
tana. 
(3) CROWN BUTTE.—^The term "Crown Butte" means Crown 
Butte Mines, Inc. and Crown Butte Resources Ltd., acting 
jointly. 
(4) DISTRICT PROPERTY.—^The term "District Property" 
means the portion of the real property interests specifically 
described as District Property in appendix B of the Agreement. 
(5) NEW WORLD MINING DISTRICT.—^The term "New World 
Mining District" means the New World Mining District as 
specifically described in appendix A of the Agreement. 
SEC. 503. CONVEYANCE TO STATE OF MONTANA, (a) CONVEYANCE 
REQUIREMENT.—Not later than January 1, 2001, but not prior to 
. ''•{Jm•'>^-' 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1617 
180 days after the enactment of this Act, the Secretary of the 
Interior shall convey to the State of Montana, without consideration, 
all right, title, and interest of the United States in and to— 
(1) $10,000,000 in Federal mineral rights in the State 
of Montana agreed to by the Secretary of the Interior and 
the Governor of Montana through negotiations in accordance 
with subsection (b); or 
(2) all Federal mineral rights in the tracts in Montana 
depicted as Otter Creek number 1, 2, and 3 on the map entitled 
"Ashland Map". 
(b) NEGOTIATIONS.—The Secretary of the Interior shall promptly 
enter into negotiations with the Governor of Montana for purposes 
of subsection (a)(1) to determine and agree to mineral rights owned 
by the United States having a fair market value of $10,000,000. 
(c) 
FEDERAL LAW NOT APPLICABLE TO CONVEYANCE.—Any 
conveyance under subsection (a) shall not be subject to the Mineral 
Leasing Act (30 U.S.C. 181 et seq.). 
(d) AVAILABILITY OF MAP.—The Secretary of the Interior shall 
keep the map referred to in subsection (a)(2) on file and available 
for public inspection in appropriate offices of the Department of 
the Interior located in the District of Columbia and Billings, Mon-
tana, until January 1, 2001. 
(e) CONVEYANCE DEPENDENT UPON ACQUISITION.—No convey-
ance pursuant to subsection (a) shall take place unless the acquisi-
tion authorized in section 502(a) is executed. 
SEC. 504. The acquisitions authorized by sections 501 and 502 
of this title may not occur prior to the earlier of: (1) 180 days 
after enactment of this Act; or (2) enactment of separate authorizing 
legislation that modifies section 501, 502, or 503 of this title. Within Reports. 
120 days of enactment, the Secretary of the Interior and the Sec-
retary of Agriculture, respectively, shall submit to the Committee 
on Resources of the House of Representatives, the Senate Commit-
tee on Energy and Natural Resources and the House and Senate 
Committees on Appropriations, reports detailing the status of efforts 
to meet the conditions set forth in this title imposed on the acquisi-
tion of the interests to protect and preserve the Headwaters Forest 
and the acquisition of interests to protect and preserve Yellowstone 
National Park. For every day beyond 120 days after the enactment 
of this Act that the appraisals required in subsections 501(b)(5) 
and 502(b)(2) are not provided to the Committee on Resources 
of the House, the Committee on Energy and Natural Resources 
of the Senate and the House and Senate Committees on Appropria-
tions in accordance with such subsections, the 180-day period ref-
erenced in this section shall be extended by one day. 
SEC. 505. The Land and Water Conservation Fund Act of 1965 
(Public Law 88-578; 78 Stat. 897) (16 U.S.C. 4601-4 through 11) 
is amended by moving section 13 (as added by section 1021(b) 
of the Omnibus Parks and Public Lands Management Act of 1996; 
110 Stat. 4210) so as to appear in title I of that Act following 16USC 
section 12. 
460/-i0e. 
16 u s e 47 Ij 
note. 
TITLE VI—FOREST RESOURCES CONSERVATION AND 
SHORTAGE RELIEF 
SEC. 601. SHORT TITLE.—This title may be cited as the "Forest 
Resources Conservation and Shortage Relief Act of 1997". 
Forest Resources 
Conservation and 
Shortage Relief 
Act of 1997. 
16 u s e 620 note. 
I l l STAT. 1618 
PUBLIC LAW 105-83—NOV. 14, 1997 
SEC. 602. (a) USE OF UNPROCESSED TIMBER-LIMITATION ON 
SUBSTITUTION 
OF 
UNPROCESSED 
FEDERAL 
TIMBER 
FOR 
UNPROCESSED TIMBER FROM PRIVATE LAND.—Section 490 of the 
Forest Resources Conservation and Shortage Rehef Act of 1990 
(16 U.S.C. 620b) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting "paragraph (3) and" 
after "provided in"; and 
(B) by adding at the end the following: 
"(3) APPLICABILITY.—In the case of the purchase by a person 
of unprocessed timber originating from Federal lands west of 
the 119th meridian in the State of Washington, paragraph 
(1) shall apply only if— 
"(A) the private lands referred to in paragraph (1) 
are owned by the person; or 
"(B) the person has the exclusive right to harvest tim-
ber from the private lands described in paragraph (1) dur-
ing a period of more than 7 years, and may exercise that 
right at any time of the person's choosing."; 
(2) in subsection (c)— 
(A) in the subsection heading, by striking "APPROVAL 
OF"; 
(B) in paragraph (2)— 
(i) in the paragraph heading, by inserting "FOR 
SOURCING AREAS FOR PROCESSING FACILITIES LOCATED 
OUTSIDE THE NORTHWESTERN PRIVATE TIMBER OPEN 
MARKET AREA"; after "APPLICATION"; and 
(ii) in subparagraph (A), by inserting "(except pri-
vate land located in the northwestern private timber 
open market area)" after "lands"; 
(C) in paragraph (3)— 
(i) in the paragraph heading, by inserting "FOR 
SOURCING AREAS FOR PROCESSING FACILITIES LOCATED 
OUTSIDE OF THE NORTHWESTERN PRIVATE TIMBER OPEN 
MARKET AREA.—(A) IN GENERAL"; after "APPROVAL"; and 
(ii) by striking the last sentence of paragraph (3) 
and adding at the end the following: 
"(B) FOR TIMBER MANUFACTURING FACILITIES LOCATED 
IN IDAHO.—Except as provided in subparagraph (D), in 
making a determination referred to in subparagraph (A), 
the Secretary concerned shall consider the private timber 
export and the private and Federal timber sourcing pat-
terns for the applicant's timber manufacturing facilities, 
as well as the private and Federal timber sourcing patterns 
for the timber manufacturing facilities of other persons 
in the same local vicinity of the applicant, and the relative 
similarity of such private and Federal timber sourcing pat-
terns. 
"(C) FOR TIMBER MANUFACTURING FACILITIES LOCATED 
IN STATES OTHER THAN IDAHO.—Except as provided in 
subparagraph (D), in making the determination referred 
to in subparagraph (A), the Secretary concerned shall con-
sider the private timber export and the Federal timber 
sourcing patterns for the applicant's timber manufacturing 
facilities, as well as the Federal timber sourcing patterns 
for the timber manufacturing facilities of other persons 
in the same local vicinity of the applicant, and the relative 
. / Wi^^--J,.'-' 
^ -'• 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1619 
similarity of such Federal timber sourcing patterns. Private 
timber sourcing patterns shall not be a factor in such 
determinations in States other than Idaho. 
"(D) AREA NOT INCLUDED.—In deciding whether to 
approve or disapprove an application, the Secretary shall 
not— 
"(i) consider land located in the northwestern pri-
vate timber open market area; or 
"(ii) condition approval of the application on the 
inclusion of any such land in the applicant's sourcing 
area, such land being includable in the sourcing area 
only to the extent requested by the applicant."; 
(D) in paragraph (4), in the paragraph heading, by 
inserting "FOR SOURCING AREAS FOR PROCESSING FACILITIES 
LOCATED OUTSIDE THE NORTHWESTERN PRIVATE TIMBER 
OPEN MARKET AREA"; after "APPLICATION"; 
(E) in paragraph (5), in the paragraph heading, by 
inserting "FOR SOURCING AREAS FOR PROCESSING FACILITIES 
LOCATED OUTSIDE THE NORTHWESTERN PRIVATE TIMBER 
OPEN MARKET AREA"; after "DETERMINATIONS"; and 
(F) by adding at the end the following: 
"(6) SOURCING AREAS FOR PROCESSING FACILITIES LOCATED 
IN THE NORTHWESTERN PRIVATE TIMBER OPEN MARKET AREA.— 
"(A) ESTABLISHMENT.—In the northwestern private 
timber open market area— 
"(i) a sourcing area boundary shall be a circle 
around the processing facility of the sourcing area 
applicant or holder; 
"(ii) the radius of the circle— 
"(I) shall be the furthest distance that the 
sourcing area applicant or holder proposes to haul 
Federal timber for processing at the processing 
facility; and 
"(II) shall be determined solely by the sourcing 
area applicant or holder; 
"(iii) a sourcing area shall become effective on writ-
ten notice to the Regional Forester for Region 6 of 
the Forest Service of the location of the boundary of 
the sourcing area; 
"(iv) the 24-month requirement in paragraph (1)(A) 
shall not apply; 
"(v) a sourcing area holder— 
"(I) may adjust the radius of the sourcing area 
not more frequently than once every 24 months; 
and 
"(II) shall provide written notice to the Notice. 
Regional Forester for Region 6 of the adjusted 
boundary of its sourcing area before using the 
adjusted sourcing area; and 
"(vi) a sourcing area holder that relinquishes a 
sourcing area may not reestablish a sourcing area for 
that processing facility before the date that is 24 
months after the date on which the sourcing area 
was relinquished. 
"(B) TRANSiTiON.^With respect to a portion of a 
sourcing area established before the date of enactment 
Effective date. 
Notice. 
I l l STAT. 1620 
PUBLIC LAW 105-83—NOV. 14, 1997 
of this paragraph that contains Federal timber under con-
tract before that date and is outside the boundary of a 
new sourcing area estabhshed under subparagraph (A)— 
"(i) that portion shall continue to be a sourcing 
area only until unprocessed Federal timber from the 
portion is no longer in the possession of the sourcing 
area holder; and 
"(ii) unprocessed timber from private land in that 
portion 
shall 
be 
exportable 
immediately 
after 
unprocessed timber from Federal land in the portion 
is no longer in the possession of the sourcing area 
holder. 
"(7) 
RELINQUISHMENT AND TERMINATION 
OF SOURCING 
AREAS.— 
"(A) IN GENERAL.—^A sourcing area may be relinquished 
at any time. 
Notice 
"(B) EFFECTIVE DATE.—^A relinquishment of a sourcing 
area shall be effective as of the date on which written 
notice is provided by the sourcing area holder to the 
Regional Forester with jurisdiction over the sourcing area 
where the processing facility of the holder is located. 
"(C) EXPORTABILITY.— 
"(i) IN GENERAL.—On relinquishment or termi-
nation of a sourcing area, unprocessed timber from 
private land within the former boundary of the relin-
quished or terminated sourcing area is exportable 
immediately after unprocessed timber from Federal 
land from within that area is no longer in the posses-
sion of the former sourcing area holder. 
"(ii) 
No 
RESTRICTION.—^The 
exportability 
of 
unprocessed timber from private land located outside 
of a sourcing area shall not be restricted or in any 
way affected by relinquishment or termination of a 
sourcing area."; and 
(3) by adding at the end the following: 
"(d) DOMESTIC TRANSPORTATION AND PROCESSING OF PRIVATE 
TIMBER.—^Nothing in this section restricts or authorizes any restric-
tion on the domestic transportation or processing of timber har-
vested from private land, except that the Secretary may prohibit 
processing facilities located in the State of Idaho that have sourcing 
areas from processing timber harvested from private land outside 
of the boundaries of those sourcing areas.". 
(b) RESTRICTION OF EXPORTS OF UNPROCESSED TIMBER FROM 
STATE AND PUBLIC LAND.—Section 491(b)(2) of the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620c(b)(2)) 
is amended— 
(1) by striking "the following" and all that follows through 
"(A) The Secretary" and inserting "the Secretary"; 
(2) by striking "during the period beginning on June 1, 
1993, and ending on December 31, 1995" and inserting "as 
of the date of enactment of the Forest Resources Conservation 
and Shortage Rehef Act of 1997"; and 
(3) by striking subparagraph (B). 
SEC. 603. MONITORING AND ENFORCEMENT.—Section 492 of the 
Forest Resources Conservation and Shortage Relief Act of 1990 
(16 U.S.C. 620d) is amended— 
(1) in subsection (c)(2), by adding at the end the following: 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1621 
"(C) MITIGATION OF PENALTIES.— 
"(i) IN GENERAL.—^The Secretary concerned— 
"(I) in determining the applicability of any 
penalty imposed under this paragraph, shall take 
into account all relevant mitigating factors, includ-
ing mistake, inadvertence, and error; and 
"(II) based on any mitigating factor, may, with 
respect to any penalty imposed under this para-
graph— 
"(aa) reduce the penalty; 
"(bb) not impose the penalty; or 
"(cc) on condition of there being no further 
violation under this paragraph for a prescribed 
period, suspend imposition of the penalty, 
"(ii) CONTRACTURAL REMEDIES.—In the case of a 
minor violation of this title (including a regulation), 
the Secretary concerned shall, to the maximum extent 
practicable, permit a contracting officer to redress the 
violation in accordance with the applicable timber sale 
contract rather than assess a penalty under this para-
graph."; and 
(2) in subsection (d)(1)— 
(A) by striking "The head" and inserting the following: 
"(A) IN GENERAL.—Subject to subparagraph (B), the 
head"; and 
(B) by adding at the end the following: 
"(B) PREREQUISITES FOR DEBARMENT.— 
"(i) IN GENERAL.—^No person may be debarred from 
bidding for or entering into a contract for the purchase 
of unprocessed timber from Federal lands under 
subparagraph (A) unless the head of the appropriate 
Federal department or agency first finds, on the record 
and after an opportunity for a hearing, that debarment 
is warranted. 
"(ii) WITHHOLDING OF AWARDS DURING DEBARMENT 
PROCEEDINGS.—^The head of an appropriate Federal 
department or agency may withhold an award under 
this title of a contract for the purchase of unprocessed 
timber from Federal lands during a debarment proceed-
mg. . 
SEC. 604. DEFINITIONS.—Section 493 of the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620e) 
is amended— 
(1) by redesignating paragraphs (3) through (8) as para-
graphs (5) through (10), respectively; 
(2) by inserting after paragraph (2) the following: 
"(3) MINOR VIOLATION.—The term 'minor violation' means 
a violation, other than an intentional violation, involving a 
single contract, purchase order, processing facility, or log yard 
involving a quantity of logs that is less than 25 logs and 
has a total value (at the time of the violation) of less than 
$10,000. 
"(4) NORTHWESTERN PRIVATE TIMBER OPEN MARKET AREA.— 
The term 'northwestern private timber open market area' 
means the State of Washington."; 
(3) in subparagraph (B)(ix) of paragraph (9) (as redesig-
nated by paragraph (1))— 
I l l STAT. 1622 
PUBLIC LAW 105-83—NOV. 14, 1997 
(A) by striking "Pulp logs or cull logs" and inserting 
"Pulp logs, cull logs, and incidental volumes of grade 3 
and 4 sawlogs"; 
(B) by inserting "primar/' before "purpose"; and 
(C) by striking the period at the end and inserting: 
", or to the extent that a small quantity of such logs 
are processed, into other products at domestic processing 
facilities."; and 
(4) by adding at the end the following: 
"(11) VIOLATION.—^The term 'violation' means a violation 
of this Act (including a regulation issued to implement this 
Act) with regard to a course of action, including— 
"(A) in the case of a violation by the original purchaser 
of unprocessed timber, an act or omission with respect 
to a single timber sale; and 
"(B) in the case of a violation of a subsequent purchaser 
of the timber, an act or omission with respect to an oper-
ation at a particular processing facility or log yard.". 
SEC. 605. REGULATIONS.—Section 495(a) of the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620fla)) 
is amended— 
(1) by striking "The Secretaries" and inserting the 
following: 
"(1) AGRICULTURE AND INTERIOR.—^The Secretaries"; 
(2) by striking 'The Secretary of Commerce" and inserting 
the following: 
"(2) COMMERCE.—^The Secretary of Commerce"; and 
(3) by striking the last sentence and inserting the following: 
Regulations. 
"(3) DEADLINE.— 
"(A) IN GENERAL.—Except as otherwise provided in 
this title, regulations and guidelines required under this 
subsection shall be issued not later than June 1, 1998. 
"(B) The regulations and guidelines issued under this 
title that were in effect prior to September 8, 1995 shall 
remain in effect until new regulations and guidelines are 
issued under subparagraph (A). 
"(4) PAINTING AND BRANDING.— 
Regulations. 
"(A) IN GENERAL.—^The Secretary concerned shall issue 
regulations that impose reasonable painting, branding, or 
other forms of marking or tracking requirements on 
unprocessed timber if— 
"(i) the benefits of the requirements outweigh the 
cost of complying with the requirements; and 
"(ii) the Secretary determines that, without the 
requirements, it is likely that the unprocessed timber— 
"(I) would be exported in violation of this 
title; or 
"(II) if the unprocessed timber originated from 
Federal 
lands, 
would 
be 
substituted 
for 
unprocessed timber originating from private lands 
west of the 100th Meridian in the contiguous 48 
States in violation of this title. 
"(B) MINIMUM SIZE.—The Secretary concerned shall not 
impose painting, branding, or other forms of marking or 
tracking requirements on— 
"(i) the face of a log that is less than 7 inches 
in diameter; or 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1623 
"(ii) unprocessed timber that is less than 8 feet 
in length or less than Vs sound wood. 
"(C) WAIVERS.— 
"(i) IN GENERAL.—The Secretary concerned may 
waive log painting and branding requirements— 
"(I) for a geographic area, if the Secretary 
determines that the risk of the unprocessed timber 
being exported from the area or used in substi-
tution is low; 
"(II) with respect to unprocessed timber origi-
nating from private lands located within an 
approved sourcing area for a person who certifies 
that the timber will be processed at a specific 
domestic processing facility to the extent that the 
processing does occur; or 
"(III) as part of a log yard agreement that 
is consistent with the purposes of the export and 
substitution restrictions imposed under this title. 
"(ii) 
REVIEW AND TERMINATION OF WAIVERS.—^A 
waiver granted under clause (i)— 
"(I) shall, to the maximum extent practicable, 
be reviewed once a year; and 
"(II) shall remain effective until terminated 
by the Secretary. 
"(D) FACTORS.—In making a determination under this 
paragraph, the Secretary concerned shall consider— 
"(i) the risk of unprocessed timber of that species, 
grade, and size being exported or used in substitution; 
"(ii) the location of the unprocessed timber and 
the effect of the location on its being exported or used 
in substitution; 
"(iii) the history of the person involved with respect 
to compliance with log painting and branding require-
ments; and 
"(iv) any other factor that is relevant to determin-
ing the likelihood of the unprocessed timber being 
exported or used in substitution. 
"(5) REPORTING.— 
"(A) IN GENERAL.—Subject to subparagraph (B), the Regulations. 
Secretary concerned shall issue regulations that impose 
reasonable documentation and reporting requirements if 
the benefits of the requirements outweigh the cost of 
complying with the requirements. 
"(B) WAIVERS.— 
"(i) IN GENERAL.—^The Secretary concerned may 
waive documentation and reporting requirements for 
a person if— 
"(I) an audit of the records of the facility of 
the person reveals substantial compliance with all 
notice, reporting, painting, and branding require-
ments during the preceding year; or 
"(II) the person transferring the unprocessed 
timber and the person processing the unprocessed 
timber enter into an advance agreement with the 
Secretary concerned regarding the disposition of 
the unprocessed timber by domestic processing. 
I l l STAT. 1624 
PUBLIC LAW 105-83—NOV. 14, 1997 
"(ii) REVIEW AND TERMINATION OF WAIVERS.—A 
waiver granted under clause (i)— 
"(I) shall, to the maximum extent practicable, 
be reviewed once a year; and 
"(II) shall remain effective until terminated 
by the Secretary.". 
Miccosukee 
Settlement 
Act of 1997. 
Native 
Americans. 
Florida. 
25 use 1750 
note. 
25 use 1750. 
25 use 1750a. 
TITLE VII—MICCOSUKEE SETTLEMENT 
SEC. 
701. SHORT TITLE.—This title may be cited as the 
"Miccosukee Settlement Act of 1997". 
SEC. 702. CONGRESSIONAL FINDINGS.—Congress finds that: 
(1) There is pending before the United States District Court 
for the Southern District of Florida a lawsuit by the Miccosukee 
Tribe that involves the taking of certain tribal lands in connec-
tion with the construction of highway Interstate 75 by the 
Florida Department of Transportation. 
(2) The pendency of the lawsuit referred to in paragraph 
(1) clouds title of certain lands used in the maintenance and 
operation of the highway and hinders proper planning for future 
maintenance and operations. 
(3) The Florida Department of Transportation, with the 
concurrence of the Board of Trustees of the Internal Improve-
ments Trust Fund of the State of Florida, and the Miccosukee 
Tribe have executed an agreement for the purpose of resolving 
the dispute and settling the lawsuit. 
(4) The agreement referred to in paragraph (3) requires 
the consent of Congress in connection with contemplated land 
transfers. 
(5) The Settlement Agreement is in the interest of the 
Miccosukee Tribe, as the Tribe will receive certain monetary 
payments, new reservation lands to be held in trust by the 
United States, and other benefits. 
(6) Land received by the United States pursuant to the 
Settlement Agreement is in consideration of Miccosukee Indisin 
Reservation lands lost by the Miccosukee Tribe by virtue of 
transfer to the Florida Department of Transportation under 
the Settlement Agreement. 
(7) The lands referred to in paragraph (6) as received 
by the United States will be held in trust by the United States 
for the use and benefit of the Miccosukee Tribe as Miccosukee 
Indian Reservation lands in compensation for the consideration 
given by the Tribe in the Settlement Agreement. 
(8) Congress shares with the parties to the Settlement 
Agreement a desire to resolve the dispute and settle the lawsuit. 
SEC. 703. DEFINITIONS.—In this title: 
(1) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTS 
TRUST FUND.—^The term "Board of Trustees of the Internal 
Improvements Trust Fund" means the agency of the State 
of Florida holding legal title to and responsible for trust 
administration of certain lands of the State of Florida, consist-
ing of the Governor, Attorney General, Commissioner of Agri-
culture, Commissioner of Education, Controller, Secretary of 
State, and Treasurer of the State of Florida, who are Trustees 
of the Board. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1625 
(2) FLORIDA DEPARTMENT OF TRANSPORTATION.—The term 
"Florida Department of Transportation" means the executive 
branch department and agency of the State of Florida that— 
(A) is responsible for the construction and maintenance 
of surface vehicle roads, existing pursuant to section 20.23, 
Florida Statutes; and 
(B) has the authority to execute the Settlement Agree-
ment pursuant to section 334.044, Florida Statutes. 
(3) LAWSUIT.—^The term "lawsuit" means the action in the 
United States District Court for the Southern District of Flor-
ida, entitled Miccosukee Tribe of Indians of Florida v. State 
of Florida and Florida Department of Transportation, et al., 
docket No. 6285-Civ~Paine. 
(4) MICCOSUKEE LANDS.—^The term "Miccosukee lands" 
means lands that are— 
(A) held in trust by the United States for the use 
and benefit of the Miccosukee Tribe as Miccosukee Indian 
Reservation lands; and 
(B) identified pursuant to the Settlement Agreement 
for transfer to the Florida Department of Transportation. 
(5) MICCOSUKEE TRIBE; TRIBE.—^The terms "Miccosukee 
Tribe" and "Tribe" mean the Miccosukee Tribe of Indians of 
Florida, a tribe of American Indians recognized by the United 
States and organized under section 16 of the Act of June 
18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476) and recog-
nized by the State of Florida pursuant to chapter 285, Florida 
Statutes. 
(6) SECRETARY.—^The term "Secretary" means the Secretary 
of the Interior. 
(7) 
SETTLEMENT 
AGREEMENT; 
AGREEMENT.—The terms 
"Settlement Agreement" and "Agreement" mean the assemblage 
of documents entitled "Settlement Agreement" (with incor-
porated exhibits) that— 
(A) addresses the lawsuit; and 
(B)(i) was signed on August 28, 1996, by Ben G. Watts 
(Secretary of the Florida Department of Transportation) 
and Billy Cypress (Chairman of the Miccosukee Tribe); 
and 
(ii) after being signed, as described in clause (i), was 
concurred in by the Board of Trustees of the Internal 
Improvements Trust Fund of the State of Florida. 
(8) STATE 
OF FLORIDA.—^The term "State of Florida" 
means— 
(A) all agencies or departments of the State of Florida, 
including the Florida Department of Transportation and 
the Board of Trustees of the Internal Improvements Trust 
Fund; and 
(B) the State of Florida as a governmental entity. 
SEC. 704. RATIFICATION.—The United States approves, ratifies, 
25 use I750b. 
and confirms the Settlement Agreement. 
SEC. 
705. AUTHORITY OF SECRETARY.—As Trustee for the 25USCi750c. 
Miccosukee Tribe, the Secretary shall— 
(1)(A) aid and assist in the fulfillment of the Settlement 
Agreement at all times and in a reasonable manner; and 
(B) to accomplish the fulfillment of the Settlement Agree-
ment in accordance with subparagraph (A), cooperate with and 
assist the Miccosukee Tribe; 
39-194 O - 97 - 18 : QL 3 Part 2 
I l l STAT. 1626 
PUBLIC LAW 105-83—NOV. 14, 1997 
25 use 1750d. 
25 use 1750e. 
(2) upon finding that the Settlement Agreement is legally 
sufficient and that the State of Florida has the necessary 
authority to fulfill the Agreement— 
(A) sign the Settlement Agreement on behalf of the 
United States; and 
(B) ensure that an individual other than the Secretary 
who is a representative of the Bureau of Indian Affairs 
also signs the Settlement Agreement; 
(3) upon finding that all necessary conditions precedent 
to the transfer of Miccosukee land to the Florida Department 
of Transportation as provided in the Settlement Agreement 
have been or will be met so that the Agreement has been 
or will be fulfilled, but for the execution of that land transfer 
and related land transfers— 
(A) transfer ownership of the Miccosukee land to the 
Florida Department of Transportation in accordance with 
the Settlement Agreement, including in the transfer solely 
and exclusively that Miccosukee land identified in the 
Settlement Agreement for transfer to the Florida Depart-
ment of Transportation; and 
(B) in conjunction with the land transfer referred to 
in subparagraph (A), transfer no land other than the land 
referred to in that subparagraph to the Florida Department 
of Transportation; and 
(4) upon finding that all necessary conditions precedent 
to the transfer of Florida lands from the State of Florida to 
the United States have been or will be met so that the Agree-
ment has been or will be fulfilled but for the execution of 
that land transfer and related land transfers, receive and accept 
in trust for the use and benefit of the Miccosukee Tribe owner-
ship of all land identified in the Settlement Agreement for 
transfer to the United States. 
SEC. 706. MICCOSUKEE INDIAN RESERVATION LANDS.—^The lands 
transferred and held in trust for the Miccosukee Tribe under section 
705(4) shall be Miccosukee Indian Reservation lands. 
SEC. 
707. 
MISCELLANEOUS, (a) 
RULE OF CONSTRUCTION.— 
Nothing in this Act or the Settlement Agreement shall— 
(1) affect the eligibility of the Miccosukee Tribe or its 
members to receive any services or benefits under any program 
of the Federal Government; or 
(2) diminish the trust responsibility of the United States 
to the Miccosukee Tribe and its members. 
(b) No REDUCTIONS IN PAYMENTS.—^No payment made pursuant 
to this Act or the Settlement Agreement shall result in any reduc-
tion or denial of any benefits or services under any program of 
the Federal Government to the Miccosukee Tribe or its members, 
with respect to which the Tribe or the members of the Tribe are 
entitled or eligible because of the status of— 
(1) the Miccosukee Tribe as a federally recognized Indian 
tribe; or 
(2) any member of the Miccosukee Tribe as a member 
of the Tribe. 
(c) TAXATION.— 
(1) IN GENERAL.— 
(A) MONEYS.—^None of the moneys paid to the 
Miccosukee Tribe under this Act or the Settlement Agree-
ment shall be taxable under Federal or State law. 
PUBLIC LAW 105-83—NOV. 14, 1997 
111 STAT. 1627 
(B) LANDS.—-None of the lands conveyed to the 
Miccosukee Tribe under this Act or the Settlement Agree-
ment shall be taxable under Federal or State law. 
(2) PAYMENTS AND CONVEYANCES NOT TAXABLE EVENTS.— 
No payment or conveyance referred to in paragraph (1) shall 
be considered to be a taxable event. 
This Act may be cited as the "Department of the Interior 
and Related Agencies Appropriations Act, 1998". 
Approved November 14, 1997. 
LEGISLATIVE HISTORY—H.R. 
2107: 
HOUSE REPORTS: Nos. 105-163 (Comm. on Appropriations) and 105-337 (Comm. 
of Conference). 
S E N A T E REPORTS: No. 105-56 (Comm. on Appropriations). 
C O N G R E S S I O N A L R E C O R D , Vol. 143 (1997): 
July 10, 11, 15, considered and passed House. 
Sept. 11, 15-18, considered and passed Senate, amended. 
Oct. 24, House agreed t« conference report. 
Oct. 28, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Nov. 14, Presidential statement. 
Nov. 20, President's special message on line item veto. 
FEDERAL REGISTER, Vol. 62 (1997): 
Nov. 24, Cancellation of items pursuant to the Line Item Veto Act.