Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1990, and for other purposes.
PL 101-121 (H.R.2788), enacted 10/23/1989

PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 701 
Public Law 101-121 
101st Congress 
An Act 
Making appropriations for the Department of the Interior and related agencies for 
Oct. 23, 1989 
the fiscal year ending September 30, 1990, and for other purposes. 
[H.R. 2788] 
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 Department of the Interior and 
related agencies for the fiscal year ending September 30, 1990, 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, develop-
ment, disposal, cadastral surveying, classification, 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 
f
eneral administration of the Bureau of Land Management, 
442,084,000, of which the following amounts shall remain available 
until expended: not to exceed $1,200,000, to be derived from the 
special receipt account established by section 4 of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-
6a(i)), and $22,903,000 for the Automated Land and Mineral Record 
System Project: Provided, That appropriations herein made shall 
not be available for the destruction of healthy, unadopted, wild 
horses and burros in the care of the Bureau of Land Management or 
its contractors. 
FIREFIGHTING 
For necessary expenses for emergency rehabilitation, forest fire-
fighting, fire presuppression, and other emergency costs on Depart-
ment of the Interior lands, $311,500,000, to remain available until 
expended, of which $193,761,000 is for the Bureau of Land Manage-
ment, $16,250,000 is for the United States Fish and Wildlife Service, 
$34,464,000 is for the National Park Service, $67,025,000 is for the 
Bureau of Indian Affairs: Provided, That such funds are to be 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes. 
CONSTRUCTION AND ACCESS 
For acquisition of lands and interests therein, and construction of 
buildings, recreation facilities, roads, trails, and appurtenant facili-
ties, $5,961,000, to remain available until expended: Provided, That 
necessary procurement documents for construction of the Oregon 
103 STAT. 702 
PUBLIC LAW 101-121—OCT. 23, 1989 
Trail Visitor Center at Flagstaff Hill, Oregon shall be issued at a 
time that will permit issuance of a construction contract in Feb-
ruary, 1991. 
PAYMENTS IN LIEU OF TAXES 
For expenses necessary to implement the Act of October 20, 1976 
(31 U.S.C. 6901-07), $105,000,000, of which not to exceed $400,000 
shall be available for administrative expenses. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions of sections 205, 
206, and 318(d) of Public Law 94-579 including administrative ex-
penses and acquisition of lands or waters, or interest therein, 
$12,610,000, to be derived from the Land and Water C!onservation 
Fund, to remain available until expended. 
OREGON AND CAUFORNIA GRANT LANDS 
For expenses necessary for management, protection, and develop-
ment of resources and for construction, operation, and maintenance 
of access roads, reforestation, and other improvements on the 
revested Oregon and California Rsdlroad 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 adjacent 
to such grant lands; $64,787,000, to remain available until expended: 
Provided, That the amount appropriated herein for road construc-
tion shall be transferred to the Federal Highway Administration, 
Department of Transportation: Provided further. 
That 25 per 
centum of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is 
hereby made a charge against the Oregon and California land grant 
fund and shall be transferred to the General Fund in the Treasury 
in accordance with the provisions of the second paragraph of subsec-
tion (b) of title II of the Act of August 28, 1937 (50 Stat. 876): 
Provided further. That notwithstanding any other provision of law, 
the Secretary of the Treasury is directed to make available to the 
Secretary of the Interior, to remain available until expended, an 
amount equal to 50 per centum of timber receipts received by the 
Treasury from the harvesting of timber on the revested Oregon and 
California Railroad grant lands and the Coos Bay Wagon Road grant 
lands during fiscal year 1989 in excess of $174,800,000, the 1989 
Oregon and California Railroad grant lands and Coos Bay Wagon 
Road grant lands timber receipts contained in the President's 
budget proposal for fiscal year 1990: Provided further, That this 
estimate of 1989 receipts shall not be subject to adjustment for the 
purposes of this section: Provided further, That such funds shall be 
made available concurrent with payment of fiscal year 1989 receipt 
amounts to counties during fiscal year 1990, and shall be in addition 
to any funds appropriated in this Act: Provided further, That this 
transaction will not affect, diminish, or otherwise alter the pay-
ments to be made on the basis of these receipts in accordance with 
the Acts of August 28, 1937 (43 U.S.C. 1181f(a)) and May 24, 1939 (43 
U.S.C. 1181f-l): Provided further, That funds made available to the 
Secretory of the Interior pursuant to this provision shall be used for 
necessary expenses relating to the Oregon and California Railroad 
.%-' 'rt^-'H^-'^/^^^^t r / ' t \ 
PUBLIC LAW 101-121—OCT. 23,1989 
103 STAT. 703 
grant lands and Coos Bay Wagon Road grant lands for reforestation 
and forest development and timber management: Provided further. 
Reports. 
That not later than 30 days after the submission of the President's 
fiscal year 1991 budget, the Director of the Bureau of Land Manage-
ment shall provide a report to the House and Senate Committees on 
Appropriations on the final amount and distribution of funds made 
available under this provision and shall include an assessment of 
resource outputs to be produced in fiscal year 1990, fiscal year 1991, 
and subsequent years, using funds made available under this provi-
sion, and a comparison of the outputs for the program areas listed, 
achieved in fiscal year 1990 and proposed for fiscal year 1991, with 
the output levels described in Bureau of Land Management resource 
management plans in effect at the time of the report required by 
this provision. 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of lands and in-
terests 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 
per centum 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 trans-
ferred to the Department of the Interior pursuant to law, but not 
less than $8,406,000, 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 processing 
application documents and other authorizations for use and disposal 
of public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be 
collected under sections 209(b), 304(a), 304(b), 305(a), and 504(g) of the 
Act approved October 21,1976 (43 U.S.C. 1701), and sections 101 and 
203 of Public Law 93-153, to be immediately available until ex-
pended: Provided, That notwithstanding any provision to the con- 43 USC1735 
trary of subsection 305(a) of the Act of October 21, 1976 (43 U.S.C. note. 
1735(a)), any moneys that have been or will be received pursuant to 
that subsection, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to subsection 
305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be 
expended under the authority of this or subsequent appropriations 
Acts by the Secretary to improve, protect, or rehabilitate any public 
lands administered through the Bureau of Land Management which 
have been damaged by the action of a resource developer, purchaser, 
permittee, or any unauthorized person, without regard to whether 
all moneys collected from each such forfeiture, compromise, or 
settlement are used on the exact lands damage to which led to the 
forfeiture, compromise, or settlement: Provided further. That such 
moneys are in excess of amounts needed to repair damage to the 
exact land for which collected. 
103 STAT. 704 
PUBLIC LAW 101-121—OCT. 23, 1989 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended under existing 
law, there is hereby appropriated such amounts as may be contrib-
uted under section 307 of the Act of October 21, 1976 (43 U.S.C. 
1701), and such amounts as may be advanced for administrative 
costs, surveys, appraisals, and costs of making conveyances of omit-
ted 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 
$25,000 for payments, at the discretion of the Secretary, for informa-
tion or evidence concerning violations of laws administered by the 
Bureau of Land Management; miscellaneous and emergency ex-
penses 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 appropriations herein made for 
Bureau of Land Management expenditures in connection with the 
revested Oregon and California Railroad and reconveyed (Doos Bay 
Wagon Road grant lands (other than expenditures made under the 
appropriation "Oregon and California grant lands") shall be re-
imbursed to the General Fund of the Treasury from the 25 per 
centum referred to in subsection (c), title II, of the Act approved 
August 28, 1937 (50 Stat. 876), of the special fund designated the 
"Oregon and California land grant fund" and section 4 of the Act 
approved May 24, 1939 (53 Stat. 754), of the special fund designated 
the "Cloos Bay Wagon Road grant fund": Provided further, That 
appropriations herein made may be expended for surveys of Federal 
lands and on,a reimbursable basis for surveys of Federal lands and 
for protection of lands for the State of Aleiska: Provided 
further, 
43 use 1752 
That an appeal of any reductions in grazing allotments on public 
"o*®- 
rangelands must be taken within thirty days after receipt of a final 
grazing allotment decision. Reductions of up to 10 per centum in 
grazing allotments shall become effective when so designated by the 
Secretary of the Interior. Upon appeal any proposed reduction in 
excess of 10 per centum shall be suspended pending final action on 
the appeal, which shall be completed within two years after the 
appeal is filed: Provided further. That appropriations herein made 
shall be available for paying costs incidental to the utilization of 
services contributed by individuals who serve without compensation 
as volunteers in aid of work of the Bureau: Provided further. That 
notwithstanding section 5901(a) of title 5, United States CJode, the 
uniform allowance for each uniformed employee of the Bureau of 
Contracts. 
Land Management shall not exceed $400 annually: Provided further, 
That notwithstanding the provisions of the Federal Grants and 
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the 
Bureau is authorized to negotiate and enter into cooperative 
arrangements with public and private agencies, organizations, 
institutions, and individuals, to implement challenge * cost-share 
programs. 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 705 
UNITED STATES FISH AND WILDUFE SERVICE 
RESOURCE MANAGEMENT 
For expenses necessary for scientific and economic studies, con-
servation, management, investigations, protection, and utilization of 
sport 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; and for maintenance of the herd of 
long-horned cattle on the Wichita Mountains Wildlife Refuge; and 
not less than $1,000,000 for high priority projects within the scope of 
the approved budget which shall be carried out by Youth Conserva-
tion Corps as if authorized by the Act of August 13, 1970, as 
amended by Public Law 93-408, $397,956,000 of which $5,750,000, to 
carry out the purposes of 16 U.S.C. 1535, shall remain available 
until expended; and of which $8,001,000 shall be 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 (90 
Stat. 2921), to compensate for loss of fishery resources from water 
development projects on the Lower Snake River, and which shall 
remain available until expended; and of which $1,000,000 shall be 
for contaminant sample analysis, and shall remain available until 
expended: Provided, That notwithstanding any other provision of 
law, a procurement for the National Wetlands Research Center 
shall be issued which includes the full scope of the previously issued 
procurement for the facility: Provided further. That the solicitation 
and contract shall contain the clause "availability of funds" found 
at 48 CFR 52.232-18. 
CONSTRUCTION AND ANADROMOUS FISH 
For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigations, protec-
tion, and utilization of sport fishery and wildlife resources, and the 
acquisition of lands and interests therein; $58,560,000 to remain 
available until expended, of which $1,800,000 shall be available for 
expenses to carry out the Anadromous Fish Conservation Act (16 
U.S.C. 757a-757g). 
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. 
4601-4-11), 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, 
$67,990,000, to be derived from the Land and Water Conservation 
Fund, to remain available until expended. 
NATIONAL WILX)UFE REFUGE FUND 
For expenses necessary to implement the Act of October 17, 1978 
(16 U.S.C. 715s), $9,000,000. 
103 STAT. 706 
PUBLIC LAW 101-121—OCT. 23, 1989 
ADMINISTRATIVE PROVISIONS 
Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 187 
passenger motor vehicles, of which 180 are for replacement only 
(including 77 for police-type use); not to exceed $400,000 for pay-
ment, at the discretion of the Secretary, for information, rewards, or 
evidence concerning violations of laws administered by the United 
States Fish and Wildlife 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 United States Fish and Wildlife 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 primary purpose; and the mainte-
nance and improvement of aquaria, buildings, and other facilities 
under the jurisdiction of the United States Fish and Wildlife Service 
and to which the United States has title, and which are utilized 
pursuant to law in connection with management and investigation 
of fish and wildlife resources: Provided, That the United States Fish 
and Wildlife Service may accept donated aircraft as replacements 
for existing aircraft: Provided further. That notwithstanding any 
other provision of law, only those personnel and administrative coste 
directly related to acquisition of real property shall be charged 
against the Migratory Bird Conservation Account. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National 
Park Service (including special road maintenance service to truck-
ing permittees on a reimbursable basis), and for the general 
administration of the National Park Service, including not to exceed 
$464,000 for the Roosevelt Campobello International Park Commis-
sion, and not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by 
Youth Conservation Corps as if authorized by the Act of August 13, 
1970, as amended by Public Law 93-408, $778,419,000, without 
regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), of 
which not to exceed $55,500,000 to remain available until expended 
is to be derived from the special fee account established pursuant to 
16 use 20b note, title V, section 5201, of Public Law 100-203: Provided, That the 
National Park Service shall not enter into future concessionaire 
contracts, including renewals, that do not include a termination for 
cause clause that provides for possible extinguishment of possessory 
interests excluding depreciated book value of concessionaire invest-
ments without compensation: Provided further. That of the funds 
provided herein, $500,000 is available for the National Institute for 
the Conservation of Cultural Property: Provided further. 
That 
$85,000 shall be available to assist the town of Harpers Ferry, West 
Virginia, for police force use: Provided further 
That the IMational 
Park Service shall prepare an Environmental Impact Statement in 
full compliance with the National Environmental Policy Act of 1969 
that evaluates alternative levels of development Mrithin the 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 707 
Appalachian Trail corridor between the Shrewsbury-Mendon town 
line, on the south, and the junction of the Appalachian and Long 
Trails north of Sherburne Pass, on the north, in Rutland County, 
Vermont: Provided further. That negotiations shall be suspended for 
any land acquisitions or easements in the study area and no acquisi-
tions or easements in the study area shall be executed until 60 
calendar days after the final Environmental Impact Statement is 
filed: Provided further. That the Secretary of the Interior shall take 
no action to give force or effect or implement in any manner the 
easement signed January 19, 1989, between the National Park 
Service and Killington, Ltd., Inc., until 60 calendar days after the 
final Environmental Impact Statement is filed. 
NATIONAL RECREATION AND PRESERVATION 
For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, environmental compliance and 
review, and grant administration, not otherwise provided for, 
$16,136,000. 
, 
s 
HISTORIC PRESERVATION FUND 
For expenses necessary in carrying out the provisions of the 
Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 
U.S.C. 470), $32,750,000 to be derived from the Historic Preservation 
Fund, established by section 108 of that Act, as amended, to remain 
available for obligation until September 30,1990: Provided, That the 
Trust Territory of the Pacific Islands is a State eligible for Historic 
Preservation Fund matching grant assistance as authorized under 
16 U.S.C. 470w(2): Provided further. That pursuant to section 105(1) 
of the Compact of Free Association, Public Law 99-239, the Fed-
erated States of Micronesia and the Republic of the Marshall Islands 
shall also be considered Stat^ for purposes of this appropriation: 
Provided further. That $1,000,000 of the amount appropriated herein 
shall remain available until expended in the Bicentennial Light-
house Fund, to be distributed on a matching grant basis after 
consultation among the National Park Service, the National Trust 
for Historic Preservation, State Historic Preservation Officers from 
States with resources eligible for financial assistance, and the light-
house community. Consultation shall include such matters as a 
distribution formula, timing of grant awards, a redistribution proce-
dure for grants remaining unobligated longer than two years after 
the award date, and related implementation policies. The distribu-
tion formula for fiscal year 1990 shall include consideration of such 
factors as— 
(A) the number of lighthouses on or determined to be eligible 
for listing on the National Register of Historic Places by 
March 30,1990; 
"' 
- ' ' 
(B) the number of river lights and number of historic river 
sites on or determined to be eligible for listing on the National 
Register by March 30,1990; and 
(C) the availability of matching contributions in the State: 
Provided further. That no State shall receive more than 15 per 
centum of the Bicentennial Lighthouse Fund in any one fiscal 
year, nor more than 10 per centum of the total appropriations to 
the Fund in any two fiscal year period: Provided further. That 
only the light station structure, itself, shall be counted in 
determining the number of properties in each State eligible to 
103 STAT. 708 
PUBLIC LAW 101-121—OCT. 23,1989 
participate in the Fund: Provided further, That the Secretary 
shall allocate appropriate funds from the Bicentennial Light-
^ 
house Fund to be transferred, without the matching require-
ment, for use by Federal agencies, in cooperative agreements 
with the National Park Service and the State Office of Historic 
Preservation in which the property is located, for properties 
otherwise eligible for the National Register but owned by the 
Federal Government. 
CONSTRUCTION 
For construction, improvements, repair or replacement of physical 
facilities, without regard to the Act of August 24, 1912, as amended 
(16 U.S.C. 451), $199,716,000, to remain available until expended: 
Provided, That for payment of obligations incurred for continued 
construction of the Cumberland Gap Tunnel, as authorized by sec-
tion 160 of Public Law 93-87, $12,000,000 to be derived from the 
Highway Trust Fund and to remain available until expended to 
liquidate contract authority provided under section .104(aX8) of 
Public Law 95-599, as amended, such contract authority to remain 
available until expended. 
LAND AND WATER CONSERVATION FUND 
(RESCISSION) 
1
6 use 406M0a 
The contract authority provided for fiscal year 1990 by 16 U.S.C. 
note. 
4601-lOa is rescinded. 
LAND ACQUISITION AND STATE ASSISTANCE 
For expenses necessary to carry out the provisions of the Land 
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 
4601-4-11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the National Park Service, $88,556,000, to be 
derived from the Land and Water Conservation Fund, to remain 
available until expended, including $3,300,000 to administer the 
State Assistance program: Provided, That of the amounts previously 
appropriated to the Secretary's contingency fund for grants to 
States, $406,000 shedl be available in 1990 for administrative ex-
penses of the State grant program: Provided further. That of the 
amount provided above, $800,000 is for acquisition of the Saxton 
House, 331 South Market Street, Canton, Ohio, as if authorized by 
the Historic Sites Act of 1935 (16 U.S.C. 462 (e)): Provided further, 
16 use 396f. 
That section 317 of Public Law 98-146 is amended by adding the 
following: "The land owner may also use the credits in exchange for 
excess lands, wherever located, under the jurisdiction of the Sec-
retary of the Interior.". 
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 
For expenses necessary for operating and maintaining the 
nonperforming arts functions of the John F. Kennedy Center for the 
Performing Arts, $9,193,000, of which $4,000,000 shall remain avail-
able until expended. 
PUBLIC LAW 101-121—OCT. 23,1989 
103 STAT. 709 
lUJNOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR 
COMMISSION 
For operation of the Illinois and Michigan Canal National Herit-
age Corridor Commission, $250,000. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 386 passenger motor vehicles, of 
which 332 shall be for replacement only, including not to exceed 285 
for police-tjrpe use, 17 buses, and 5 ambulances; to provide, notwith-
standing any other provision of law, at a cost not exceeding $100,000, 
transportation for children in nearby communities to and from any 
unit of the Nationsd Park System used in connection with organized 
recreation and interpretive programs of the National Park Service; 
options for the purchase of land at not to exceed $1 for each option; 
and for the procurement and delivery of medical services within the 
jurisdiction of units of the National Park System: Provided, That 
any no year funds available to the National Park Service may be 
used, with the approval of the Secretary, to maintain law and order 
, 
in emergency and other unforeseen law enforcement situations and 
conduct emergency search and rescue operations in the National 
Park System: Provided further, 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 Na-
tional Park Service may be used to add industrial facilities to the 
list of National Historic Landmarks without the consent of the 
owner: Provided further. That the National Park Service may use 
helicopters and motorized equipment at Death Valley National 
Monument for removal of feral burros and horses: Provided further. 
That notwithstanding any other provision of law, the National Park 
Service may recover unbudgeted costs of providing necessary serv-
ices associated with special use permits, such reimbursements to be 
credited to the appropriation current at that time: Provided further. 
Reports. 
That none of the funds appropriated to the National Park Service 
may be used to implement an agreement for the redevelopment of 
the southern end of Ellis Island until such agreement has been 
submitted to the Congress and shall not be 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 and cir-
cumstances relied upon in support of the proposed project. 
GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For expenses necessary for the Geological Survey to perform 
surveys, investigations, and research covering topography, geology, 
..— 
hydrology, and the mineral and water resources of the United 
States, its Territories and possessions, and other areas as authorized 
by law (43 U.S.C. 31, 1332 and 1340); classify lands as to their 
103 STAT. 710 
PUBLIC LAW 101-121—OCT. 23, 1989 
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; 
$484,709,000, of which $59,783,000 shall be available only for co-
operation with States or municipalities for water resources inves-
43 use 50. 
tigations: Provided, That no part of this appropriation shall be 
used to pay more than one-half the cost of any topographic map-
^ 
ping or water resources investigations carried on in cooperation 
with any State or municipality. 
ADMINISTRATIVE PROVISIONS 
The amount appropriated for the Geological Survey shall be 
available for purchase of not to exceed 27 passenger motor vehicles, 
for replacement only; reimbursement to the General Services 
Administration for security guard services; contracting for the fur-
nishing 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; ac-
quisition of lands for gauging stations and observation wells; ex-
penses of the United States National Committee on Geology; and 
payment of compensation and expenses of persons on the rolls of the 
Geological Survey appointed, as authorized by law, to represent the 
United States in the negotiation and administration of interstate 
compacts: Provided, That activities funded by appropriations herein 
made may be accomplished through the use of contracts, grants, or 
cooperative agreements as defined in Public Law 95-224. 
MINERALS MANAGEMENT SERVICE 
'^ 
LEASING AND ROYALTY 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 operating 
contracts; and for matching grants or cooperative agreements; 
including the purchase of not to exceed eight passenger motor 
vehicles for replacement only; $178,525,000, of which not less than 
$56,060,000 shall be available for royalty management activities: 
Provided, That notwithstanding any other provision of law, 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 
further. That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine clean-up 
activities: Provided further. That of the above enacted amounts, up 
to $250,000 proposed for data gathering to help determine the 
boundary between State and Federal lands offshore of Alaska shall 
be available only if an equal amount is provided by the State of 
Alaska from State revenues to match the Federal support for this 
project: Provided further. That of the above enacted amounts, up to 
one-half of the increase over the fiscal year 1989 funding provided 
for mineral royalty audits may be used to compensate States and 
Indian tribes for audit activities under the provisions of sections 202 
and 205 of the Federal Oil and Gas Royalty Management Act of 1982 
PUBLIC LAW 101-121—OCT. 23,1989 
103 STAT. 711 
(30 U.S.C. 1732,1735): Provided further, That for fiscal year 1990 and 
each fiscal year thereafter, notwithstanding the provisions of section 
201 of the Federal Oil and Gas Royalty Management Act of 1982, 
sections 202 through 206 of that Act shall apply to any lease or 
portion of a lease subject to section 8(g) of the Outer Continental 
Shelf Lands Act, as amended (43 U.S.C. 1337), which, for purposes of 
those provisions and for no other purposes, shall be regarded as 
within the coastal State or States entitled to receive revenues from 
it under section 8(g): Provided further. That notwithstanding any 
other provision of law, $64,000 under this head shall be available for 
refunds of overpayments made by Samedan Oi) Corporation in 
connection with certain Indian leases in Oklahoma (Case No. MMS-
85-0135-IND before the Director of the Minerals Management Serv-
ice) and by Bow Valley Petroleum Corporation and Mapco in connec-
tion with certain Indian leases in Utah in which the Director 
concurred with the claimed refund due. 
\ 
Contracts. 
30 u s e 1731a. 
BUREAU OF MINES 
MINES AND MINERALS 
For expenses necessary for conducting inquiries, technological 
investigations, and research concerning the extraction, processing, 
use, and disposal of mineral substances without objectionable social 
and environmental costs; to foster and encourage private enterprise 
in the development of mineral resources and the prevention of waste 
in the mining, minerals, metal, and mineral reclamation industries; 
to inquire into the economic conditions affecting those industries; to 
promote health and safety in mines and the mineral industry 
through research; and for other related purposes as authorized by 
law, $174,759,000, of which $105,035,000 shall remain available until 
expended: Provided, That none of the funds in this or any other Act 
may be used for the closure or consolidation of any research centers 
or the sale of any of the helium facilities currently in operation: 
Provided further. That the Secretary is authorized to convey in fee Oklahoma, 
the decommission Keyes Helium Plant in Keyes, Oklahoma, to the 
Cimarron Industrial Park Authority, a public trust of the State of 
Oklahoma, on or before September 30, 1990, on terms mutually 
agreed on between the Secretary and the Authority: Provided fur-
ther. That prior to conveyance, the Secretary shall complete the 
current effort to repair asbestos insulation on piping and equipment, 
including cleanup and disposal of asbestos containing debris: Pro-
vided further. That, as a condition of conveyance, the Cimarron 
Industrial Park Authority shall accept full responsibility for any 
remedial actions with respect to hazardous substance remaining at 
the plant after the date of conveyance. 
Hazardous 
materials. 
ADMINISTRATIVE PROVISIONS 
The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies. Federal, 
State, or private: Provided, That the Bureau of Mines is authorized, 
during the current fiscal year, to sell directly or through any 
Government agency, including corporations, any metal or mineral 
product that may be manufactured in pilot plants operated by the 
Gifts and 
property. 
Chemicals. 
Minerals and 
mining. 
103 STAT. 712 
PUBLIC LAW 101-121—OCT. 23, 1989 
! 
• > ' - ' ' 
t 
Bureau of Mines, and the proceeds of such sales shall be covered into 
the Treasury as miscellaneous receipts. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 
REGULATION AND TECHNOLOGY 
For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
including the purchase of not to exceed 14 passenger motor vehicles, 
of which 9 shall be for replacement only; and uniform allowances of 
^ 
not to exceed $400 for each uniformed employee of the Office of 
Surface Mining Reclamation and Enforcement; $101,228,000, and 
notwithstanding 31 U.S.C. 3302, an additional amount, to remain 
available until expended, equal to receipts to the General Fund of 
the Treasury from performance bond forfeitures in fiscal year 1990: 
Provided, That notwithstanding any other provision of law, the 
Secretary of the Interior, pursuant to regulations, may utilize di-
rectly or through grants to States, moneys collected in fiscal year 
1990 pursuant to the assessment of civil penalties under section 518 
of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1268), to reclaim lands adversely affected by coal mining 
practices after August 3, 1977, to remain available until expended: 
Provided further. That the Secretary of the Interior shall abide by 
and adhere to the terms of the Settlement Agreement in NWR v. 
Miller, C.A. No. 86-99 (E.D. Ky), and not take any actions inconsist-
ent with the provisions of footnote 3 of the Agreement with respect 
30 use 1211 
to any State or Federal program: Provided further. That the Office 
^o*®. 
of Surface Mining Reclamation and Enforcement may provide for 
the travel and per diem expenses of State and tribal personnel 
attending Office of Surface Mining Reclamation and Enforcement 
sponsored training. 
ABANDONED MINE RECLAMATION FUND 
J . 
For necessary expenses to carry out the provisions of title IV of 
the Surface Mining Control and Reclamation Act of 1977, Public 
^ 
Law 95-87, including the purchase of not more than 21 passenger 
motor vehicles, of which 15 shall be for replacement only, 
r-s7 
$192,772,000 to be derived from receipts of the Abandoned Mine 
^- 
Reclamation Fund and to remain available until expended: Pro-
vided, That pursuant to Public Law 97-365, the Department of the 
Interior is authorized to utilize up to 20 per centum from the 
recovery of the delinquent debt owed to the United States Govern-
ment to pay for contracts to collect these debts: Provided 
further. 
That of the funds made available to the States to contract for 
reclamation projects authorized in section 406(a) of Public Law 95-
87, administrative expenses may not exceed 15 per centum: Provided 
further. That none of these funds shall be used for a reclamation 
grant to any State if the State has not agreed to participate in a 
'• \''' 
nationwide data system established by the Office of Surface Mining 
•
* 
'- 
Reclamation and Enforcement through which all permit applica-
tions are reviewed and approvals withheld if the applicants (or those 
^ 
t .i. 
who control the applicants) applying for or receiving such permits 
ct -'^' \; " 
have outstanding State or Federal air or water quality violations in 
'" '' 
accordance with section 510(c) of the Act of August 3, 1977 (30 U.S.C. 
1260(c)), or failure to abate cessation orders, outstanding civil pen-
PUBLIC LAW 101-121—OCT. 23,1989 
103 STAT. 713 
alties associated with such failure to abate cessation orders, or 
uncontested past due Abandoned Mine Land fees: Provided further, 
State and local 
That the Secretary of the Interior may deny 50 per centum of an 
governments. 
Abandoned Mine Reclamation Fund grant, available to a State 
pursuant to title IV of Public Law 95-87, in accordance with the 
procedures set forth in section 521(b) of the Act, when the Secretary 
determines that a State is systematically failing to administer ade-
quately the enforcement provisions of the approved State regulatory 
program. Funds will be denied until such time as the State and 
Office of Suiface Mining Reclamation and Enforcement have agreed 
upon an explicit plan of action for correcting the enforcement 
deficiency. A State may enter into such agreement without admis-
sion of culpability. If a State enters into such agreement, the 
Secretary shall take no action pursuant to section 521(b) of the Act 
as long as the State is compl3dng with the terms of the agreement: 
Provided further, That expenditure of moneys as authorized in 
section 402(g)(3) of Public Law 95-87 shall be on a priority basis with 
the first priority being protection of public health, safety, general 
welfare, and property from extreme danger of adverse effects of coal 
mining practices, as stated in section 403 of Public Law 95-87: 
Provided further. That 23 full-time equivalent positions are to be 
maintained in the Anthracite Recleimation Program at the Wilkes-
Barre Field Office. 
BUREAU OP INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
For operation of Indian programs by direct expenditure, contracts, 
cooperative agreements, and grants including expenses necessary to 
provide education and welfare services for Indians, either directly or 
in cooperation with States and other organizations, including pay-
ment of care, tuition, assistance, and other expenses of Indians in 
boarding homes, institutions, or schools; grants and other assistance 
to needy Indians; maintenance of law and order; management, 
development, improvement, and protection of resources and appur-
tenant facilities under the jurisdiction of the Bureau of Indian 
Affairs, including payment of irrigation assessments and charges; 
acquisition of water rights; advances for Indian industrial and busi-
ness enterprises; operation of Indian arts and crafts shops and 
museums; development of Indian arts and crafts, as authorized by 
law; for the general administration of the Bureau of Indian Affairs, 
including such expenses in field offices, $1,035,534,000, including 
$54,000,000 for conversion of tribal contracts and agreements to a 
calendar year basis as authorized by section 204(d)(1) of Public Law 
100-472 (100 Stat. 2291), and of which not to exceed $71,393,000 for 
higher education scholarships, adult vocational training, and assist-
ance to public schools under the Act of April 16, 1934 (48 Stat. 596), 
as amended (25 U.S.C. 452 et seq.), shall remain available for 
obligation until September 30, 1991, and of which $2,180,000 for 
litigation support shall remain available until expended, and the 
funds made available to tribes and tribal organizations through 
contracts authorized by the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) 
shall remain available until September 30,1991: Provided, That this 
carryover authority does not extend to programs directly operated 
by the Bureau of Indian Affairs unless the tribe(s) and the Bureau of 
Indian Affairs enter into a cooperative agreement for consolidated 
103 STAT. 714 
PUBLIC LAW 101-121—OCT. 23, 1989 
Grants. 
Close Up 
Foundation. 
Arizona. 
Emplojmient 
and 
unemployment. 
services; and for expenses necessary to carry out the provisions of 
section 19(a) of Public Law 93-531 (25 U.S.C. 640d-18(a)), $1,002,000, 
to remain available until expended: Provided further, lliat none of 
the funds appropriated to the Bureau of Indian Affairs shall be 
expended as matching funds for programs funded under section 
103(bX2) of the Carl D. Perkins Vocational Education Act: Provided 
further, That $200,000 of the funds made available in this Act shall 
be available for cyclical maintenance of tribally owned fish hatch-
eries and related facilities: Provided further. That none of the funds 
in this Act shall be used by the Bureau of Indian Affairs to transfer 
funds under a contract with any third party for the management of 
tribal or individual Indiein trust funds until the funds held in trust 
for such tribe or individual have been audited and reconciled to the 
earliest possible date, the results of such reconciliation have been 
certified by an independent party as the most complete reconcili-
ation of such funds possible, and the tribe or individu£il has been 
provided with an accounting of such funds: Provided further. That 
$250,000 of the amounts provided for education program manage-
ment shall be available for a grant to the Close Up Foundation: 
Provided further. That if the actual amounts required in this ac-
count for costs of the Federal Employee Retirement System in fiscal 
year 1990 are less than amounts estimated in budget documents, 
such excess funds may be transferred to "Construction" and "Mis-
cellaneous Pa3nnents to Indigms" to cover the costs of the retirement 
system in those accounts: Provided further. That for the purpose of 
enabling Indian reservation residents in Arizona who are eligible for 
General Assistance and who have dependent children to participate 
and succeed in Jobs Corps training, the Bureau shall pay general 
assistance support for the dependent children at the full State 
AFDC A-2 grant level. 
25 u s e 13 note. 
CONSTRUCTION 
For construction, major repair, and improvement of irrigation and 
power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands and interests in lands; preparation of lands for farming; 
maintenance of Indian reservation roads as defined in section 101 of 
title 23, United States Code; and construction, repair, and improve-
ment of Indian housing, $134,226,000, to remain available until 
expended: Provided, That $1,000,000 of the funds made available in 
this Act shall be available for rehabilitation of tribally owned fish 
hatcheries and related facilities: Provided further. 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 per centum of 
contract authority available to the Bureau of Indian Affairs from 
the Federal Highway Trust Fund may be used to cover the road 
program management costs of the Bureau of Indian Affairs: Pro-
vided further. That hereafter, notwithstanding any other provision 
of law, amounts collected from grantees by the Secretary as grant 
repa3mients required under the Secretary's regulations for the 
Housing Improvement Program shall be credited in the year 
collected and shall be available for obligation under the terms and 
conditions applicable to the 
Program 
under 
that 
year's 
appropriation: Provided further. That all obligated and unobligated 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 715 
balances 
of 
"Road 
Construction" 
shall 
be 
merged 
with 
"Construction". 
I 
MISCELLANEOUS PAYMENTS TO INDIANS 
For miscellaneous payments to Indian tribes and individuals 
pursuant to Public Laws 98-500, 99-264, 99-503, 100-883, 100-512, 
100-675,100-580,101-41, and 100-585, including funds for necessary 
administrative expenses, $191,864,000, to remain available until 
expended, of which not to exceed $12,700,000 is made available to 
the Tohono O'Odham Nation for purposes authorized in the Gila 
Bend Indian Reservation Lands Replacement Act, Public Law 99-
503: Provided, That notwithstanding any other provision of law, 
funds appropriated pursuant to Public Law 100-383 shall not be 
subject to the provisions of 43 U.S.C. 1606(i). 
NAVAJO REHABILITATION TRUST FUND 
i 
For Navajo tribal rehabilitation and improvement activities in 
accordance with the provisions of section 32(d) of Public Law 93-531, 
as amended (25 U.S.C. 640d-30), including necessary administrative 
expenses, $800,000, to remain available until expended. 
REVOLVING FUND FOR LOANS 
During fiscal year 1990, and within the resources and authority 
available, gross obligations for the principal amount of direct loans 
pursuant to the Indian Financing Act of 1974, as amended (88 Stat. 
77; 25 U.S.C. 1451 et seq.), shall not exceed resources and authority 
available. 
INDIAN LOAN GUARANTY AND INSURANCE FUND 
For payment of interest subsidies on new and outstanding guaran-
teed loans and for necessary expenses of management and technical 
assistance in carrying out the provisions of the Indian Financing Act 
of 1974, as amended (88 Stat. 77; 25 U.S.C. 1451 et seq.), $4,767,000, to 
remain available until expended: Provided, That during fiscal year 
1990, total commitments to guarantee loans pursuant to the Indian 
Financing Act of 1974, as amended, may be made only to the extent 
that the total loan principal, any part of which is to be guaranteed, 
shall not exceed resources and authority available. 
MISCELLANEOUS TRUST FUNDS 
Notwithstanding any other provision of law, the Secretary shall 
retain the amount of excess interest drawn from the Treasury 
during the period of January 1, 1987, to February 28, 1989, to 
compensate the trust funds for the amount of interest that would 
have been earned had all available trust funds been invested in the 
Tregisury during the period from June 30, 1985, to December 31, 
1986. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans and the Indian loan guarantee and insur-
ance fund) shall be available for expenses of exhibits, and purchase 
of not to exceed 162 passenger carrying motor vehicles, of which not 
to exceed 115 shall be for replacement only: Provided, That the 
Washington. 
Indians. 
Real property. 
Conservation. 
103 STAT. 716 
PUBLIC LAW 101-121—OCT. 23, 1989 
property known as "Madrona Point" located on Orcas Island, 
Washington, shall be acquired in trust by the United States for the 
Lummi Indian Tribe under the conditions that it shall be preserved 
in its natural condition and shall not be developed for any 
commerical or residential purpose, except for a caretaker dwelling, 
a visitor or cultural center, or the interment of human remains: 
Provided further. That now and hereafter, the tribe, by contract, 
may impose additional restrictions: Provided further, That after 
acquisition by the United States, the property shall permanently be 
subject to the civil, regulatory (not inclumng tax) and crimined 
jurisdiction of the State of Washington and its political subdivisions, 
concurrently with the Lummi Indian Tribe: Fixyvided further. That 
except as provided herein, such grant of jurisdiction to the State 
shall have the same limitations as set forth in 18 U.S.C. 1162(b). 
TERRITORIAL AND INTERNATIONAL AFFAIRS 
48 use 1401f, 
1423/, 1665. 
48 use 1469b. 
Grants. 
aoseUi) 
Foundation. 
ADMINISTRATION OF TERRITORIES 
For expenses necessary for the administration of territories under 
the jurisdiction of the Department of the Interior, $76,489,000, of 
which (1) $73,543,000 shall be available until expended for technical 
assistance; maintenance assistance; late charges and pajnnents of 
the annual interest rate differential required by the Federal Financ-
ing Bank, under terms of the second refinancing of an existing loan 
to the Guam Power Authority, as authorized by law (Public Law 98-
454; 98 Stat. 1732); grants to the judiciary in American Samoa for 
compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); 
grants to the Government of American Samoa, in addition to cur-
rent local revenues, for support of governmental functions; construc-
tion grants to the Government of the Virgin Islands as authorized 
by Public Law 97-357 (96 Stat. 1709); grants and construction grants 
to the Government of Guam, as authorized by law (Public Law 98-
454; 98 Stat. 1732); grants to the Government of the Northern 
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 
272); and (2) $2,946,000 for salaries and expenses of the Office of 
Territorial and International Affiairs: Provided, That the territorial 
and local governments herein provided for are authorized to make 
purchases through the General Services Administration: Provided 
further. 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 govern-
ments, shall be audited by the General Accounting Office, in accord-
ance with chapter 35 of title 31, United States Code: Provided 
further. That Northern Mariana Islands CJovenant grant funding 
shall be provided according to those terms of the Agreement of the 
Special Representatives on Future United States Financial Assist-
ance for the Northern Mariana Islands approved by Public Law 99-
396, except that should the Secretary of the Interior believe that the 
performance standards of such agreement are not being met, oper-
ations funds may be withheld, but only by Act of Congress as 
required by Public Law 99-396: Provided further. That $935,000 of 
the amounts provided for technical assistance shall be 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 mainte-
nance of capital infrastructure in American Samoa, Guam, the 
PUBLIC LAW 101-121—OCT. 23,1989 
103 STAT. 717 
Virgin Islands, the Commonwealth of the Northern Mariana Is-
lands, the Republic of Palau, the Republic of the Marshall Islands, 
and the Federated States of Micronesia through assessments of long-
range operations and maintenance needs, improved capability of 
local operations and maintenance institutions and agencies (includ-
ing management and vocational education training), and project-
specific maintenance (with territorial participation and cost sharing 
to be determined by the Secretary based on the individual territory's 
commitment to timely maintenance of its capital assets). 
TRUST TERRITORY OF THE PACIFIC ISLANDS 
For expenses necessary for the Department of the Interior in 
administration of the Trust Territory of the Pacific Islands pursuant 
to the Trusteeship Agreement approved by joint resolution of July 
18,1947 (61 Stat. 397), and the Act of June 30,1954 (68 Stat. 330), as 
amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495); grants to the 
Trust Territory of the Pacific Islands, in addition to local revenues, 
for support of governmental functions; $33,339,000, including 
$3,000,000 to reduce the accumulated deficit of the former Trust 
Territory Government: Provided, That all financial transactions of 48 U
S
C 1683. 
the Trust Territory, including such transactions of all agencies or 
instrumentalities established or utilized by such Trust Territory, 
shall be audited by the General Accounting Office in accordance 
with chapter 35 of title 31, United States Code: Provided further. 
That the government of the Trust Territory of the Pacific Islands is 48 U
S
C 1682. 
authorized to make purchases through the CJeneral Services 
Administration: Provided further. That all Government operations 
funds appropriated and obligated for the Republic of Palau under 
this account for fiscal year 1990, shall be credited as an offset 
against fiscal year 1990 payments made pursuant to the legislation 
approving the Palau Compact of Free Association (Public Law 99-
658), if such Compact is implemented before October 1, 1990: Pro-
vided further. That any unobligated balances for Palau government 
operations that remain available on the date of Compact im-
plementation shall be used by the Department of the Interior to 
reduce the accumulated deficit of the Trust Territory Government. 
COMPACT OF FREE ASSOCIATION 
For economic assistance and necessary expenses for the Federated 
States of Micronesia and the Republic of the Marshall Islands as 
provided for in sections 122, 221, 223, 232, and 233 of the Compact of 
Free Association, $23,260,000, to remain available until expended, as 
authorized by Public Law 99-239: Provided, That notwithstanding 
the provisions of Public Laws 99-500 and 99-591, the effective date 
of the Palau Compact for purposes of economic assistance pursuant 
to the Palau Compact of Free Association, Public Law 99-658, shall 
be the effective date of the Palau Compact as determined pursuant 
to section 101(d) of Public Law 99-658. 
103 STAT. 718 
PUBLIC LAW 101-121—OCT. 23, 1989 
Alaska. 
Petroleum and 
petroleum 
products. 
'')' 
• 
DEPARTMENTAL OFFICES 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary of the 
Interior, $51,045,000, of which not to exceed $10,000 may be for 
official reception and representation expenses: Provided, That Alas-
kan oil spill damage assessment shall continue at least through 
September 30,1990. 
., 
^ 
>, 
OFFICE OP THE SOLICITOR 
^ 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Solicitor, $25,325,000. 
OFFICE OF INSPECTOR GENERAL 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General, 
$20,737,000. 
CONSTRUCTION MANAGEMENT 
; 
For necessary expenses of the Office of Construction Management, 
$1,800,000. 
NATIONAL INDIAN GAMING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the National Indian Gaming Commis-
25 use 2717a. 
sion, pursuant to Public Law 100-497, $750,000: Provided, That in 
fiscal year 1990 and thereafter, fees collected pursuant to and as 
limited by section 18 of the Act shall be available to carry out the 
duties of the Commission, to remain available until expended. 
Environmental 
protection. 
Gifts and 
property. 
OILSPILL EMERGENCY FUND 
Funds made available under this head by the "Dire Emergency 
Supplemental 
Appropriations 
and 
Transfers, 
Urgent 
Supplementals, and Correcting Enrollment Errors Act of 1989" shall 
be available up to a limit equivalent to the amount of funds appro-
priated by said Act for contingency planning, response, and natural 
resource damage assessment activities related to any discharge of oil 
in waters of the United States upon a determination by the Sec-
retary of the Interior that such funds are necessary for the protec-
tion or restoration of natural resources under his jurisdiction. 
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from available re-
sources within the Working Capital Fund, 11 aircraft, 7 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That no programs funded with appropriated funds in the "Office of 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 719 
the Secretary", "Office of the Solicitor", and "Office of Inspector 
General" may be augmented through the Working Capital Fund or 
the Consolidated Working Fund. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
Public buUdings 
and grounds. 
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 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, or volcanoes; for contingency planning 
subsequent to actual oilspills, response and natural resource damage 
assessment 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 Reclamation 
and Enforcement, such funds as may be necessary to permit assump-
tion of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for fire suppression 
purposes shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to other 
Federal agencies for destruction of vehicles, aircraft, or other equip-
ment in connection with their use for fire suppression purposes, 
such reimbursement to be credited to appropriations currently 
available at the time of receipt thereof: Provided further. That all 
funds used pursuant to this section must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible. 
SEC. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, wher-
ever consolidation of activities will contribute to efficiency or econ-
omy, and said appropriations shall be reimbursed for services ren-
dered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, U.S.C: Provided, That reimburse-
ments 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. 
103 STAT. 720 
PUBLIC LAW 101-121—OCT. 23, 1989 
3109, when authorized by the Secretary, in total amount not to 
^ 
exceed $500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when authorized 
.^-. . 
- 
under r^ulations 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 In-
terior 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 by the General Serv-
ices Administration for services or rentals for periods not in excess 
of twelve months beginning at any time during the fiscal year. 
SEC. 107. None of the funds appropriated or otherwise made 
— 
available pursuant to this Act shall be obligated or expended to 
finance changing the name of the mountain located 63 degrees, 04 
minutes, 15 seconds west, presently named and referred to as Mount 
McKinley. 
SEC. 108. Notwithstanding any other provisions of law, appropria-
tions in this title shall be available to provide insurance on official 
motor vehicles, aircraft, and boats operated by the Department of 
the Interior in Canada and Mexico. 
SEC. 109. No funds provided in this title may be used to detail any 
employee to an organization unless such detaU is in accordance with 
Office of Personnel Manaigement regulations. 
SEC. 110. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of leasing, or the ap-
proval or permitting of any drilling or other exploration activity, on 
lands within the Eastern Gulf of Mexico planning area of the 
Department of the Interior which lie south of 26 degrees North 
latitude and east of 86 degrees West longitude. 
SEC. 111. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of leasing, or the ap-
proval or permitting of any drilling or other exploration activity, on 
lands within the North Aleutian Basin planning area. 
SEC. 112. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of publishing draft 
environmental impact statements until five months after the Presi-
dent's Outer Continental Shelf Task Force releases its report to the 
President on Lease Sales 91, 95 and 116 or for the conduct in fiscal 
year 1990 of leasing activities (including final environmental impact 
statements, notices of sale, receipt of bids and award of leases), or 
the approval or permitting of any drilling or other prelease geo-
logical or geophysical activity which involves explosives or the 
introduction of drilling muds for prelease exploration activity 
within the area identified by the Department of the Interior in the 
Draft Environmental Impact Statement (MMS 87-0032) for Lease 
Sale 91 in the Northern California planning area issued December, 
1987; in the Calls for Information for Lease Sale 95 in the Southern 
California planning area, published in the Federal Register on July 
9, 1987 (52 Fed. Reg. 25956) and November 17, 1988 (53 Fed. Reg. 
46590); or in the (Jall for Information for Lease Sale 119 in the 
PUBLIC LAW 101-121—OCT. 23,1989 
103 STAT. 721 
Central California planning area, published in the Federal Register 
on November 16,1988 (53 Fed. Reg. 46422). 
SEC. 113. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of leasing activities 
(including notices of sale, receipt of bids and award of leases) or the 
approval or permitting of any drilling or other prelease geological or 
geophysical activity which involves explosives or the introduction of 
drilling muds for prelease exploration activity within an area of the 
Outer Continental Shelf, as defined in section 2(a) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331(a)), located in the 
Atlantic Ocean, bounded by the following line: from the intersection 
of the seaward limit of the (Dommonwealth of Massachusetts terri-
torial sea and the 71 degree West longitude line south along that 
longitude line to its intersection vidth the line which passes between 
blocks 423 and 467 on Outer (^Continental Shelf protraction diagram 
NK 19-10; then southwesterly along a line 50 miles seaward of the 
States of Rhode Island, (IJonnecticut, New York, New Jersey, Dela-
ware, and Maryland to its intersection with the 38 degree North 
latitude line; then westerly along the 38 degree North latitude line 
until its approximate intersection with the seaward limit of the 
State of Maryland territorial sea; then northeasterly along the 
seaward limit of the territorial sea to the point of beginning at the 
intersection of the seaward limit of the territorial sea and the 71 
degree West longitude line. 
SEC. 114. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of preleasing and leasing 
activities (including but not limited to: calls for information, tract 
selection, environmental impact statements, notices of sale, receipt 
of bids and award of leases) of lands described in, and under the 
same terms and conditions set forth in section 107 of the Depart-
ment of the Interior and Related Agencies Appropriations Act, 1986, 
as contained in Public Law 99-190; or of lands within the 400 meter 
isobath surrounding Georges Bank, identified by the Department of 
the Interior as consisting of the following blocks: in protraction 
diagram NJ 19-2, blocks numbered 12-16, 54-55 and 57-58; in 
protraction diagram NK 19-5, blocks numbered 744, 788, 831-832, 
and 1005-1008; in protraction diagram NK 19-6, blocks numbered 
489-491, 532-537, 574-576, 578-581, 618-627, 661-662, 664-671, 705-
716, 749-761, 793-805, and 969-971; in protraction diagram NK 19-8, 
blocks numbered 37-40, 80-84, 124-127, and 168-169; in protraction 
diagram NK 19-9, blocks numbered 13-18, 58-63, 102-105, 107-108, 
146-149, 151-152, 191-193, 195-197, 235-237, 240-242, 280-282, 284-
286, 324-331, 368-376, 412-420, 456-465, 500-510, 543-554, 587-594, 
596-599, 631-637, 640-644, 675-688, 718-733, 762-778, 805-821, 846-
865, 887-891, 894-908, 930-950, and 972-994; in protraction diagram 
NK 19-10, blocks numbered 474-478, 516-524, 560-568, 604-612, 
647-660, 692-704, 737-748, 787-792, 830-836, 873-880, 967-968, and 
1011-1012; in protraction diagram NK 19-11, blocks numbered 621-
632, 665-676, 700, 709-720, 744, 753-764, 785, 797-808, 825-827, 841-
852, 856-860, 869, 890-905, 907-909, 929-931, 941-945, 947-949, 973-
975, and 985-989; and in protraction diagram NK 19-12, blocks 
numbered 452-456, 495-499, 536-537, 539-541, 575-577, 579-582, 
617-621, 623-624, 661-662, 664-665, and 705-706. 
SEC. 115. Notwithstanding any prior designation by the Secretary 
Maryland, 
of the Interior pursuant to section 17 of Public Law 100-440 (102 
Stat. 1743), the Secretary shall designate, within 60 days of enact-
ment of this Act, which Department of the Interior agency compo-
103 STAT. 722 
PUBLIC LAW 101-121—OCT. 23, 1989 
25 use 2703 
note. 
Effective date. 
Indians. 
nent or headquarters operation is to be relocated to Avondale, 
Maryland, no later than 90 days after the Administrator of General 
Services determines that design and alteration of the facility is 
completed. 
SEC. 116. None of the funds made available by this Act may be 
used for the implementation or financing of agreements or arrange-
ments with entities for the management of all lands, waters, and 
interests therein on Matagorda Island, Texas, which were purchased 
by the Department of the Interior with Federally appropriated 
amounts from the Land and Water Conservation Fund. 
SEC. 117. The provision of section 116 shall not apply if the 
transfer of management or control is ratified by law. 
SEC. 118. Notwithstanding any other provision of law, the term 
"Class II gaming" in Public Law 100-497, for any Indian tribe 
located in the State of Minnesota, includes, during the period 
commencing on the date of enactment of this Act and continuing for 
365 days from that date, any gaming described in section 4(7XBXii) of 
Public Law 100-497 that was legally operated on Indian lands on or 
before May 1, 1988, if the Indian tribe having jurisdication over the 
lands on which such gaming was operated, requested the State of 
Minnesota, no later than 30 days after the date of enactment of 
Public Law 100-497, to negotiate a tribal-state compact pursuant to 
section ll(dX3) of Public Law 100-497. 
SEC. 119. This section shall be effective only on October 1, 1989. 
None of the funds available under this title may be used to prepare 
reports on contacts between employees of the Department of the 
Interior and Members and Committees of Congress and their staff. 
SEC. 120. Section 13 of Public Law 93-531, as amended (25 U.S.C. 
640d-12), is hereby amended by inserting the word "and" after the 
semicolon at the end of subparagraph (bX2), by striking out the 
semicolon and the word "and" after the word subsection" at the 
end of subparagraph Q
>
X
3
) and inserting a period in lieu thereof, and 
by striking out all of subparagraph (bX4): Provided, That section 
32 of Public Law 93-531, as amended (25 U.S.C. 640d-30), is 
hereby amended by inserting after subsection (d) the following new 
subsection: 
"(e) By December 1, 1989, the Secretary of the Interior, with the 
advice of the Navajo Tribe and the Office of Navajo and Hopi Indian 
Relocation, shall submit to the Congress a conceptusd framework for 
the expenditure of the funds authorized for the Navajo Rehabilita-
tion Trust Fund. Such framework is to be consistent with the 
purposes described in subsection (d) of this section.": Provided fur-
ther, That section 32 of Public Law 93-531, as amended (25 U.S.C. 
640d-30), is further amended by redesignating subsection (e) as 
subsection (f), and by redesignating subsection (f) as subsection (g). 
TITLE II—RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST RESEARCH 
For necessary expenses of forest research as authorized by law, 
$147,182,000, to remain available until September 30,1991. 
PUBLIC LAW 101-121—OCT. 23,1989 
103 STAT. 723 
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 pest mansigement activities, $105,506,000, to 
remain available until expended, as authorized by law: Provided, 
That a grant of $3,000,000 shall be made to the State of Minnesota 
for the purposes authorized by section 6 of Public Law 95-495: 
Provided further. That notwithstanding any other provision of law, 
a grant of $3,600,000 shall be provided to the Washington State 
Parks and Recreation Commission for completion of the Spokane 
River Centennial Trail: Provided further, That a grant of $6,000,000 
shall be made to the National Arbor Day Foundation as a matching 
grant for the construction of the National Arbor Day Center in 
Nebraska City, Nebraska. 
NATIONAL FOREST SYSTEM 
For necessary expenses of the Forest Service, not otherwise pro-
vided for, for management, protection, improvement, and utilization 
of the National Forest System, and for administrative expenses 
associated with the management of funds provided under the heads 
"Forest Research", "State and Private Forestry", "National Forest 
System", "Construction", and "Land Acquisition", $1,149,232,000, to 
remain available for obligation until September 30,1991, and includ-
ing 65 per centum of all monies received during the prior fiscal year 
as fees collected under the Land and Water Conservation Fund Act 
of 1965, as amended, in accordance with section 4 of the Act (16 
U.S.C. 4601-6a): Provided, That appropriations in this account 
remaining unobligated at the end of fiscal year 1989, both annual 
and two-year funds, and which would otherwise be returned to the 
general fund of the Treasury, shall be merged with and made a part 
of the fiscal year 1990 National Forest System appropriation, and 
shall remain available for obligation until September 30, 1991. 
FOREST SERVICE FIREFIGHTING 
For 
necessary 
expenses 
for 
forest 
fire 
suppression 
and 
presuppression on or adjacent to National Forest System lands or 
Department of the Interior lands, and for forest fire protection and 
emergency forest fire rehabilitation of National Forest System 
lands, $561,139,000, to remain available until expended: Provided, 
That such funds are to be available for repayment of advances to 
other appropriation accounts from which funds were previously 
transferred for such purposes. 
CONSTRUCTION 
-
For necessary expenses of the Forest Service, not otherwise pro-
vided for, for construction, $221,960,000, to remain available until 
expended, of which $38,993,000 is for construction and acquisition of 
buildings and other facilities; and $182,967,000 is for construction 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, of which $1,500,000 shall 
be available for the Federal share of road reconstruction for the 
purpose of improved access to the Monongahela National Forest, 
West Virginia, which shall be matched on an equal basis by non-
Federal participants: Provided, That funds becoming available in 
103 STAT. 724 
PUBLIC LAW 101-121—OCT. 23, 1989 
fiscal year 1990 under the Act of March 4,1913 (16 U.S.C. 501), shall 
be transferred to the General Fund of the Treasury of the United 
States: Provided further. That not to exceed $112,000,000, to remain 
available until expended, may be obligated for the construction of 
forest roads by timber purchasers. 
LAND ACQUISrnON 
For expenses necessary to carry out the provisions of the Land 
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 
4601-4-11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $63,433,000, to be derived 
from the Land and Water Conservation Fund, to remain available 
until expended. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS 
SPECIAL ACTS 
For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 
and Cleveland National Forests, California, as authorized by law, 
$1,068,000, to be derived from forest receipts. 
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, 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 per centum of all moneys received during the prior 
fiscal year, as fees for grazing domestic livestock on lands in Na-
tional Forests in the sixteen Western States, pursuant to section 
401(bXl) of Public Law 94-579, as amended, to remain available 
until expended, of which not to exceed 6 per centum shall be 
available for administrative expenses associated with on-the-ground 
range rehabilitation, protection, and improvements. 
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND 
RESEARCH 
For expenses authorized by 16 U.S.C. 1643(b), $30,000 to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act: Provided, That unexpended balances of 
amounts previously appropriated for this purpose under the heading 
"Miscellaneous trust funds, Forest Service" may be transferred to 
and merged with this appropriation for the same time period as 
originally enacted. 
PUBLIC LAW 101-121—OCT. 23,1989 
103 STAT. 725 
ADMINISTRATIVE PROVISIONS, FOREST SERVICE 
Appropriations to the Forest Service for the current fiscal year 
shall be available for: (a) purchase of not to exceed 185 passenger 
motor vehicles of which 11 will be used primarily for law enforce-
ment purposes and of which 169 shall be for replacement only, of 
which acquisition of 132 passenger motor vehicles shall be 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 43 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; G)) services pursuant to the 
second sentence of section 706(a) of the Organic Act of 1944 (7 
U.S.C. 2225), and not to exceed $100,000 for employment under 5 
U.S.C. 3109; (c) uniform allowances for each uniformed employee of 
the Forest Service, not in excess of $400 annually; (d) purchase, 
erection, and alteration of buildings and other public improvements 
(7 U.S.C. 2250); (e) acquisition of land, waters, and interests therein, 
pursuant to the Act of August 3,1956 (7 U.S.C. 428a); (f) for expenses 
pursuant to the Volunteers in the National Forest Act of 1972 (16 
U.S.C. 558a, 558d, 558a note); and (g) for debt collection contracts in 
accordance with 31 U.S.C. 3718(c). 
None of the funds made available under this Act shall be obli-
gated or expended to change the boundaries of any region, to abolish 
any r^on, to move or close any r^onal 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 Appropriations and the 
Committee on Agriculture, Nutrition, and Forestry in the United 
States Senate and the C!ommittee on Agriculture in the United 
States House of Representatives. 
Any appropriations or funds available to the Forest Service may 
be used for forest firefighting and the emergency rehabilitetion of 
burned-over lands under its jurisdiction. 
The appropriation structure for the Forest Service may not be 
altered without advance approval of the House and Senate Ck)mmit-
tees on Appropriations. 
Notwithstanding any other provision of law, any appropriations 
or funds available to the Forest Service may be used to reimburse 
employees for the cost of State licenses and certification fees pursu-
ant to their Forest Service position and that are necessary to comply 
with State laws, regulations, and requirements. 
Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development 
and the Office of International Cooperation and Development in 
connection with forest and rangeland research, technical informa-
tion, and assistance in foreign countries, and shall be available to 
support forestry and related natural resource activities outside the 
United States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United 
States and international organizations. 
Funds previously appropriated for timber salvage sales may be 
recovered from receipts deposited for use by the applicable national 
forest and credited to the Forest Service Permanent Appropriations 
to be expended for timber salvage sales from any national forest, 
and for timber sales preparation to replace sales lost to fire or other 
103 STAT. 726 
PUBLIC LAW 101-121—OCT. 23, 1989 
caiises, and sales preparation to replace sales inventory on the shelf 
for any national forest to a level sufficient to maintain new sales 
availability equal to a rolling five-year average of the total sales 
offerings, and for design, engineering, and supervision of construc-
tion of roads lost to fire or other causes associated with the timber 
sales programs described above: Provided, That notwithstanding any 
other provision of law, moneys received from the timber salvage 
sales program in fiscal year 1990 shall be considered as money 
received for purposes of computing and distributing 25 per centum 
payments to local governments under 16 U.S.C. 500, as amended: 
Provided further. That amounts necessary shall be available from 
deposits into the salvage sale fund for salvage of timber damaged by 
Hurricane Hugo to the maximum extent possible without regard to 
the geographic origin of the funds. 
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 compli-
ance with the reprogramming procedures contained in House 
Report 99-714. 
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 provide 
nonmonetary awards of nominal value to private individuals and 
organizations that make contributions to Forest Service programs. 
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 if authorized by the Act of 
August 13,1970, as amended by Public Law 93-408 
Contracts. 
Notwithstanding the provisions of the Federal Grant and Coopera-
tive Agreements Act of 1977 (31 U.S.C. 6301-6308), the Forest Serv-
ice is authorized to negotiate and enter into cooperative arrange-
ments with public and private agencies, organizations, institutions, 
and individuals to continue the Challenge Cost-Share Program. 
None of the funds made available to the Forest Service in this Act 
shall be expended for the purpose of issuing a special use authoriza-
tion permitting land use and occupancy and surface disturbing 
activities for any project to be constructed on Lewis Fork Creek in 
Madera County, California, at the site above, and adjacent to, 
Corlieu Falls bordering the Lewis Fork Creek National Recreation 
Trail until the studies required in Public Law 100-202 have been 
submitted to the Congress: Provided, That any special use authoriza-
tion shall not be executed prior to the expiration of thirty calendar 
days (not including any day in which either House of Ck)ngress is not 
in session because of adjournment of more than three calendar days 
to a day certain) from the receipt of the required studies by the 
Speaker of the House of Representatives and the President of the 
Senate. 
Notwithstanding any other provision of law, the Secretary of the 
Treasury is directed to make available to the Secretary of Agri-
culture, to remain available until expended, all National Forest 
Fund timber receipts received by the Treasury during fiscal year 
1989 from the harvesting of National Forest Timber in excess of 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 727 
$920,000,000, the 1989 National Forest Fund timber receipts con-
tained in the President's Budget proposal for fiscal year 1990: 
Provided, That such excess amount made available for the overall 
purposes of this section shall not exceed $65,000,000: Provided fur-
ther. That an additional $32,000,000 shall not be subject to the per 
centum allocations of subsequent provisions of this section and shall 
be made separately available solely for implementation of the 
timber sales program included in this Act as described in the 
accompanying statement of the managers and shall be used solely 
for the necessary expenses of such timber sales program including, 
but not limited to, timber sales administration and management 
(including all timber support costs) and construction and design of 
roads: Provided further. That the $32,000,000 shall only be provided 
after all other sources of funds, appropriated and nonappropriated, 
have been utilized to the fullest extent possible: Provided 
further. 
That this estimate of 1989 receipts shall not be adjusted for the 
purposes of this section: Provided further. That such funds shall be 
made available during fiscal year 1990, and shall be in addition to 
any funds appropriated in this Act: Provided further. That this 
transaction will be made without reductions for the payments to be 
made in accordance with the provisions of the Act of May 23, 1908, 
as amended (16 U.S.C. 500) or the Act of July 10, 1930 (16 U.S.C. 
577g): Provided further. That funds made available to the Secretary 
of Agriculture pursuant to this provision shall be used for the 
necessary expenses, including support costs of the National Forest 
System programs as follows: 6 per centum for National Forest trail 
maintenance; 4 per centum for National Forest trail construction; 20 
per centum for wildlife and fish habitat management; 20 per centum 
for soil, water, and air management; 5 per centum for cultural 
resource management; 5 per centum for wilderness management; 10 
per centum for reforestation and timber stand improvement; and 30 
per centum for timber sales administration and management, 
including all timber support costs, for advanced preparation work 
for fisc£d year 1991 and fiscal year 1992 timber sale offerings: 
Provided further. That not later than 30 days after the submission of Reports, 
the President's fiscal year 1991 budget, the Chief of the Forest 
Service shall provide a report to the House and Senate Committees 
on Appropriations on the final amount and distribution of funds 
made available under this section and shall include an assessment 
of National Forest resource outputs to be produced in fiscal year 
1990, fiscal year 1991, and subsequent years, using funds made 
available under this section, and a comparison of the outputs 
achieved in fiscal year 1990 and proposed for fiscal year 1991, with 
the output levels for the program areas listed described in the 
Forest Service resource management plans in effect at the time of 
the report required by this section. 
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 ex-
pended as the Secretary may direct in conducting activities au-
thorized 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 representa-
tion expenses. 
Notwithstanding section 705(a) of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 539d(a)), $52,441,000 shall be 
103 STAT. 728 
PUBLIC LAW 101-121—OCT. 23,1989 
available for timber supply, protection and management, research, 
resource protection, and construction on the Tongass National 
Forest in fiscal year 1990: Provided, That all of the funds available 
from the Tongass Timber Supply Fund in fiscal year 1990 pursuant 
to section 705(a) of Public Law 96-487 shall be deemed obligated as 
of October 1, 1989 and shall remain available until expended: Pro-
vided further, That this funding limitation shall not include those 
funds available to the Forest Service as National Forest System 
(except for timber sales administration and management funds). 
Trust Funds, Permanent Funds (other than the Tongass Timber 
Supply Fund), Timber Receipts, or Purchaser Road Construction. 
Davis Sheep 
Notwithstanding any other provision of law, the Forest Service is 
Q>mpany. 
directed to compensate Davis Sheep Company, Monteview, Idaho, 
Idaho. 
fQj. reasonable expenses incurred as a result of mortality of per-
mitted animals and moving permitted animals from one location to 
another as directed by the Forest Service: Provided, That in no 
event should expenses be less than $85,000: Provided further, That 
up to an additional $27,500 is authorized if the Forest Service, in 
conjunction with Davis Sheep Company, determines additional 
losses were incurred: Provided further. That no funds provided in 
this title may be expended by the Forest Service to implement a new 
fee schedule or increase the fees charged for communication site use 
of lands administered by the Forest Service above the levels in effect 
on January 1,1989. 
DEPARTMENT OF ENERGY 
CLEAN COAL TECHNOLOGY 
For necessary expenses of, and associated with. Clean Coal Tech-
nology demonstrations pursuant to 42 U.S.C. 5901 et seq., 
$600,000,000 shall be made available on October 1, 1990, and shall 
remain available until expended, and $600,000,000 shall be made 
available on October 1, 1991, and shall remain available until 
expended: Provided, That projects selected pursuant to a separate 
general request for proposals issued pursuant to each of these 
appropriations shall demonstrate technologies capable of replacing, 
retrofitting or repowering existing facilities and shall be subject to 
all provisos contained under this head in Public Laws 99-190, 100-
202, and 100-446 as amended by this Act: Provided further. That the 
general request for proposals using funds becoming available on 
October 1, 1990, under this paragraph shall be issued no later than 
June 1, 1990, and projects resulting from such a solicitation must be 
selected no later than February 1, 1991: Provided further. That the 
general request for proposals using funds becoming available on 
October 1, 1991, under this paragraph shall be issued no later than 
September 1, 1991, and projects resulting from such a solicitation 
must be selected no later than May 1,1992. 
102 Stat. 1810. 
The first paragraph under this head in Public Law 100-446 is 
amended by striking "$575,000,000 shall be made available on Octo-
ber 1, 1989'^' and inserting "$450,000,000 shall be made available on 
October 1, 1989, and shall remain available until expended, and 
$125,000,000 shall be made available on October 1, 1990": Provided. 
That these actions are taken pursuant to section 202(bXl) of Public 
Law 100-119 (2 U.S.C. 909). 
With regard to funds made available under this head in this and 
previous appropriations Acts, unobligated balances excess to the 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 729 
needs of the procurement for which they originally were made 
available may be applied to other procurements for which requests 
for proposals have not yet been issued: Provided, That for all 
procurements for which project selections have not been made as of 
the date of enactment of this Act no supplemental, backup, or 
contingent selection of projects shall be made over and above 
projects ori^nally selected for n^otiation and utilization of avail-
able ftmds: Provided further. That reports on projects selected by the Reports. 
Secretsuy of E n e i ^ pursuant to authority granted under this head-
ing which are received by the Speaker of the House of Representa-
tives and Uie President of the SSenate less than 30 l^islative days 
prior to the end of the first session of the 101st Congress shall be 
deemed to have met the criteria in the third proviso of the fourth 
paragraph under the heading "Administrative provisions. Depart-
ment of Energy" in the Department of the Interior and Related 
Agencies Appropriations Act, 1986, as contained in Public Law 99- 
_ 
190, upon expiration of 30 calendar days from receipt of the report 
by the Speaker of the House of Representatives and the President of 
the Senate or at the end of the session, whichever occurs later. 
i 
- 
v 
, • 
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 acquisi-
tion of interest, including defeasible and equitable interests in any 
real property or any facility or for plant or facility acquisition or 
expansion, $422,062,000, to remain available until expended, of 
which $249,000 is for the functions of the Office of the Federal 
Inspector for the Alaska Natural Gas Transportation System estab-
lished pursuant to the authority of Public Law 94-586 (90 Stat. 
2908-2909), and of which $4,000,000 shall be available for continued 
construction of DOE Fossil Energy building B26: 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. 
Of the funds herein provided, $40,900,000 is for implementation of 
the June, 1984 multiyear, cost-shared magnetohydrodynamics pro-
gram targeted on proof-of-concept testing: Provided, That 35 per 
centimi private sector cash or in-kind contributions shall be re-
quired for obligations in fiscal year 1990, and for each subsequent 
fiscal year's obligations private sector contributions shall increase 
by 5 per centum over the life of the proof-of-concept plan: Provided 
further. That existing facilities, equipment, and supplies, or pre-
viously expended research or development funds are not cost-shar-
ing for the purposes of this appropriation, except as amortized, 
depreciated, or expensed in normal business practice: Provided fur-
ther. That cost-sharing shall not be required for the costs of con- 
\ 
structing or operating Government-owned facilities or for the costs 
of Government organizations, National Laboratories, or universities 
and such costs shall not be used in calculating the required percent-
age for private sector contributions: Provided further. That private 
sector contribution percentages need not be met on each contract 
but must be met in total for each fiscal year: Provided further. That 
section 303 of Public Law 97-257 is further amended by changing 
96 Stat 873. 
the number for the Office of the Assistant Secretary for Fossil 
Enei^ to "715", changing the number for the Pittsburgh Ener^ 
Technology Center to '^0", changing the number for the Morgan-
103 STAT. 730 
PUBLIC LAW 101-121—OCT. 23,1989 
town Energy Technology Center to "275", and changing the number 
for the headquarters oi^anization of the Assistant Secretary for 
Fossil Energy to "not less than 125" 
ALTERNATIVE FUELS PRODUCTION 
(INCLUDING TRANSFER OF FUNDS) 
Monies received as investment income on the principal amount in 
the Great Plains Project Trust at the Norwest Bank of North 
Dakota, in such sums as are earned as of October 1, 1989, shall be 
deposited in this account and immediately transferred to the Gen-
eral Fund of the Treasury. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For necessary expenses in carrying out naval petroleum and oil 
shale reserve activities, $192,124,000, to remain available until ex-
pended: Provided, That sums in excess of $510,000,000 received 
during fiscal year 1990 as a result of the sale of products produced 
from Naval Petroleum Reserves Numbered 1 and 3 shall be depos-
ited in the "SPR petroleum account", to remain available until 
expended, for the acquisition and transportation of petroleum and 
for other necessary expenses. 
ENERGY CONSERVATION 
For necessary expenses in carrying out energy conservation activi-
ties, $413,262,000, to remain available until expended, including, 
notwithstanding any other provision of law, the excess amount for 
fiscal year 1990 determined under the provisions of section 3003(d) of 
Public Law 99-509 (15 U.S.C. 4502): Provided, That $203,000,000 
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 determined under the provisions 
of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided 
further. That notwithstanding section 3003(dX2) of Public Law 99-
509 such sums shall be allocated to the eligible programs in the 
same amounts for each program as in fiscal year 1989: Provided 
further. That $16,900,000 of the amount provided under this heading 
shall be available for continuing research and development efforts 
begun under title II of the Interior and Related Agencies portion of 
the joint resolution entitled "Joint Resolution making further 
continuing appropriations for the fiscal year 1986, and for other 
purposes", approved December 19, 1985 (Public Law 99-190), and 
implementation of steel and aluminum research authorized by 
Public Law 100-680: Provided further. That existing facilities, equip-
ment, and supplies, or previously expended research or development 
funds are not acceptable as contributions for the purposes of this 
appropriation, except as amortized, depreciated, or expensed in 
normal business practice: Provided further. That the total Federal 
K
V
f -, . 
expenditure under this proviso shall be repaid up to one and one-
half times from the proceeds of the commercial sale, lease, manufac-
ture, or use of technologies developed under this proviso, at a rate of 
one-fourth of all net proceeds. 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 731 
ECONOMIC REGULATION 
For necessary expenses in carrying out the activities of the Eco-
nomic R^:ulatory Administration and the Office of Hearings and 
Appeals, $18,300,000. 
EMERGENCY PREPAREDNESS 
For necessary expenses in canying out emergency preparedness 
activities, $6,641,000. 
STRATEGIC PETROLEUM RESERVE 
For expenses necessary to cany out the provisions of sections 151 
through 166 of the E n e i ^ Policy and Conservation Act of 1975 
(Public Law 94-163), $194,999,000, to remam available until 
expended. 
SPR PETROLEUM ACCOUNT 
For the acquisition and transportation of petroleum and for other 
necessary expenses under section 167 of the Energy Policy and 
Conservation Act of 1975 (Public Law 94-163), as amended by the 
Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35), 
$227,820,000, to remain available until expended: Provided, That an 
additional $108,458,000 shall be made available until expended 
b^inning October 1, 1990: Provided further. That notwithstanding 
42 U.S.C. 6240(d) the United States share of crude oil in Naval 
Petroleum Reserve Numbered 1 OElk Hills) may be sold or otherwise 
disposed of to other than the Strategic Petroleum Reserve. 
ENERGY INFORMATION ADMINISTRATION 
. 
For necessary expenses in carrying out the activities of the 
^-
Enei^ 
Information 
Administration, 
$65,232,000, 
of 
which 
-
$1,000,000 for computer operations shall remain available until 
September 30,1991, and $2,000,000 for end use energy consumption 
surveys shall remain available until expended. 
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY 
Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, 
and operation of aircraft; purchase, repair, and cleaning of uni-
forms; and reimbursement to the General Services Administration 
for security guard services. 
From appropriations under this Act, transfers of sums may be 
made to other agencies of the Government for the performance of 
work for which the appropriation is made. 
None of the funds made available to the Department of Energy 
under this Act shall be used to implement or finance authorized 
price support or loan guarantee pn^ams unless specific provision is 
made for such programs in an appropriations Act. 
The Secretary is authorized to accept lands, buildings, equipment. Gifts and 
and other contributions from public and private sources and to property. 
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 
103 STAT. 732 
PUBLIC LAW 101-121—OCT. 23, 1989 
Loans. 
42 use 8814 
note. 
of the Department appropriated under this Act may be retained by 
the Secretary of Energy, to be available until expended, and used 
only for plant construction, operation, costs, and payments to cost-
sharing entities as provided in appropriate cost-sharing contracts or 
agreements: Provided further. That the remainder of revenues after 
the making of such payments shall be covered into the Treasury as 
Contracts. 
miscellaneous receipts: Provided further. That any contract, agree-
Reports. 
ment, or provision thereof entered into by the Secretary 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, including the 
facts and circumstances relied upon in support of the proposed 
project. 
The Secretary of Energy may transfer to the Emergency 
Preparedness appropriation such funds as are necessary to meet any 
unforeseen emergency needs from any funds available to the 
Department of Energy from this Act. 
Notwithstanding 31 U.S.C. 3302, funds derived from the sale of 
assets as a result of defaulted loans made under the Department of 
Energy Alcohol Fuels Loan Guarantee pn^ram, or any other funds 
received in connection with this program, shall hereafter be credited 
to the Biomass Energy Development account, and shall be available 
solely for payment of the guaranteed portion of defaulted loans and 
associated costs of the Department of Energy Alcohol Fuels Loan 
Guarantee program for loans guaranteed prior to January 1, 1987 
42 use 8814 
Unobligated balances available in the "Alternative fuels produc-
note. 
tion" account may hereafter be used for payment of the guaranteed 
portion of defaulted loans and associated costs of the Department of 
Energy Alcohol Fuels Loan Guarantee pr(^am, subject to the 
determination by the Secretary of Energy that such unobligated 
funds are not needed for carrying out the purposes of the Alter-
native Fuels Production pn^ram: Provided, That the use of these 
unobl^ated fvaids for payment of defaulted loans and associated 
costs shall be available only for loans guaranteed prior to January 1, 
1987: Provided further. That such funds shall be used only after the 
unobligated balance in the Department of Energy Alcohol Fuel Loan 
Guarantee reserve has been exhausted. 
eontracts. 
Annual appropriations made in this Act and previous Interior and 
Related Agencies Appropriations Acts shall be available for obliga-
tions in connection with contracts issued by the Department of 
Energy for supplies and services for periods not in excess of twelve 
months b^inning at any time during the fiscal year. 
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 III and XXV and sections 208 and 
338G of the Public Health Service Act with respect to the Indian 
Health Service, including hire of passenger motor vehicles and 
PUBLIC LAW 101-121—OCT. 23,1989 
103 STAT. 733 
aircraft; purchase of reprints; purchase and erection of portable 
buildings; payments for telephone service in private residences in 
the field, when authorized under r^;ulations approved by the Sec-
retary; $1,185,910,000, including $16,000,000 for conversion of tribal 
contracts and agreements to a calendar year basis as authorized by 
section 204(dXl) of Public Law 100-472 (100 Stat. 2291), together 
with payments received during the fiscal year pursuant to 42 U.S.C. 
300CC-2 for services furnished by the Indian Health Service: Pro-
vided, That notwithstanding any other law or r^ulation, funds 
transferred from the Departaient of Housing and Urban Develop-
ment to the Indian Health Service shall be administered under 
Public Law 86-121 (the Indian Sanitation Facilities Act): Provided 
further. That funds made available to tribes and tribal organizations 
through grants and contracts authorized by the Indian Self-Deter-
mination and Education Assistance Act of 1975 (88 Stat. 2203; 25 
U.S.C. 450), shall remain available until expended: Provided further. 
That $17,()00,000 shall remain available until expended, for the 
Indian Catastrophic Health Emei^gency Fund and contract medical 
care: Provided fiirther. That of the funds provided, $3,000,000 shall 
be used to carry out a loan repayment progrsan. under which Fed-
eral, State, and commercial-l^npe educational loans for physicians 
and other health professionals will be repaid at a rate not to exceed 
$25,000 per year of obligated service in return for full-time clinical 
service: 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 Health and Human 
Services under the authority of title IV of the Indian Health Caxe 
Improvement Act shall be available for two fiscal years after the . 
fiscal year in which they were collected, for the purpose of achieving 
compliance with the applicable conditions and requirements of titles 
XVni and XDC of the Social Security Act (exclusive of planning, 
des^, construction of new facilities, or msnor renovation of existing 
Indian Health Service facilities): Provided further. That of the funds 
provided, $2,500,000 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, grants or 
cooperative agreements with the Indian Health Service under the 
provisions of the Indian Self-Determination Act: Provided further. 
That funding contained herein, and in any earlier appropriations 
Acts for scholarship programs under section 103 of the Indian 
Health Care Improvement Act and section 3386 of the Public 
Health Service Act with respect to the Indian Health Service shall 
remain available for expenditure until September 30,1991: Provide 
Reports. 
further. That amounts received by tribes and tribal organizations 
under title IV of the Indian Health Care Improvement Act and 
Public Law 100-713 shall be reported and accounted for and avail-
able to the receiving tribes and tribal organizations until expended. 
INDIAN HEALTH FACILTriES 
For construction, major repair, improvement, and equipment of 
health and related auxiliary facilities, including quarters for person-
nel; preparation of plans, specifications, and drawings; acquisition of 
sit^, purchase and erection of portable buildings, and purchases of 
trailers; and for provision of domestic and community sanitation 
103 STAT. 734 
PUBLIC LAW 101-121—OCT. 23, 1989 
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, $70,996,000, to remain avail-
able until expended: Provided, That notwithstanding any other 
provision of law, funds appropriated 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, available 
for salaries and expenses, shall be available for services as au-
thorized by 5 U.S.C. 3109 but at rates not to exceed the per diem 
equivalent to the rate for GS-18, and for uniforms or allowances 
therefor as authorized by law (5 U.S.C. 5901-5902), and for expenses 
of attendance at meetings which are concerned with the functions or 
activities for which the appropriation is made or which will contrib-
ute to improved conduct, supervision, or management of those 
functions or activities: Provided, That none of the funds appro-
priated under this Act to the Indian Health Service shall be avail-
able for the initial lease of permanent structures without advance 
provision therefor in appropriations Acts: Provided further. That 
non-Indian patients may be extended health care at all tribally 
administered or Indian Health Service facilities, if such care can be 
extended without impairing the ability of the facility to fulfill its 
responsibility to provide health care to Indians served by such 
facilities and subject to such reasonable charges as the Secretary of 
Health and Human Services shall prescribe, the proceeds of which, 
together with funds recovered under the Federal Medical Care 
Recovery Act (42 U.S.C. 2651-53), shall be deposited in the fund 
established by sections 401 and 402 of the Indian Health Care 
Improvement Act or in the case of tribally administered facilities, 
shall be retained by the tribal organization without fiscal year 
limitation: 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 di-
rected at curtailing Federal travel and transportation: Provided 
25 use 1681. 
further. That with the exception of Indian Health Service units 
which currently have a billing policy, the Indian Health Service 
shall not initiate any further action to bill Indians in order to collect 
from third-party payers nor to charge those Indians who may have 
the economic means to pay unless and until such time as Congress 
has agreed upon a specific policy to do so and has directed the 
Indian Health Service to implement such a policy: Provided further. 
That personnel ceilings may not be imposed on the Indian Health 
Service nor may any action be taken to reduce the full-time equiva-
lent level of the Indian Health Service by the elimination of tem-
porary employees by reduction in force, hiring freeze or any other 
means without the review and approval of the Committees on 
Appropriations: Provided further, That none of the funds made 
available to the Indian Health Service in this Act shall be used to 
implement the final rule published in the Federal Register on 
September 16, 1987, by the Department of Health and Human 
Services, relating to eligibility for the health care services of the 
Indian Health Service until the Indian Health Service has submit-
ted a budget request reflecting the increased costs associated with 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 735 
the proposed final rule, and such request has been included in an 
appropriations Act and enacted into law. 
f
^
^ 
DEPARTMENT OF EDUCATION 
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION 
INDIAN EDUCATION 
For necessary expenses to carry out, to the extent not otherwise 
provided, the Indian Education Act of 1988, $74,149,000 of which 
$55,041,000 shall be for subpart 1 and $16,361,000 shall be for 
subparts 2 and 3: Provided, That $1,600,000 available pursuant to 
section 5323 of the Act shall remain available for obligation until 
September 30, 1991: Provided further, That appropriations for sub-
part 2 remaining unobligated at the end of fiscal year 1989, which 
would otherwise be returned to the general fund of the Treasury, 
shall be merged with and made a part of the fiscal year 1990 Indian 
Education appropriation and shall remain available for obligation 
until September 30,1990. 
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, $36,818,000, to 
remain available until expended: Provided, That none of the funds 
contained in this or any other Act may be used to evict any single 
Navajo or Navajo family who, as of November 30, 1985, was phys-
ically 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 re-
locate any certified eligible relocatees who have selected and re-
ceived 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: Provided further, 
That 
unexpended balances of amounts previously appropriated for this 
purpose under the heading "Salaries and expenses, Navajo and Hopi 
Indian Relocation Commission" may be transferred to and merged 
with this appropriation and accounted for as one appropriation for 
the same time period as originally enacted. 
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 Public Law 
99-498, as amended (20 U.S.C. 56, part A), $4,350,000, of which not to 
exceed $350,000 for Federal matching contributions, to remain avail-
able until expended, shall be paid to the Institute endowment fund, 
of which $100,000 shall be transferred immediately from the In-
stitute endowment fund to the Institute for use in Institute oper-
103 STAT. 736 
PUBLIC LAW 101-121—OCT. 23,1989 
ations: Provided, That notwithstanding any other provision of law, 
the annual budget proposal and justification for the Institute shall 
be submitted to the Congress concurrently with the submission of 
the President's Budget to the Congress. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, as au-
thorized by law, including research in the fields of art, science, and 
history; development, preservation, and documentation of the Na-
tional Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information 
and publications; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease (for terms 
not to exceed ten years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, 
rental, repair, and cleaning of uniforms for employees; $228,553,000, 
of which not to exceed $2,176,000 for the instrumentation program 
shall remain available until expended and, including such funds as 
may be necessary to support American overseas research centers 
and a total of $125,000 for the Council of American Overseas Re-
search Centers: Provided, That funds appropriated herein are avail-
able for advance payments to independent contractors performing 
research services or participating in official Smithsonian presen-
tations. 
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK 
For necessary expenses of planning, construction, remodeling, and 
equipping of buildings and facilities at the National Zoological Park, 
by contract or otherwise, $6,500,000, to remain available until 
expended. 
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 au-
thorized by 5 U.S.C. 3109, $26,769,000, to remain available until 
Ck>ntracts. 
expended: Provided, That contracts awarded for environmental sys-
tems, protection systems, and exterior repair or restoration of build-
ings of the Smithsonian Institution may be negotiated with selected 
contractors and awarded on the basis of contractor qualifications as 
well as price: Provided further, 
That unexpended balances of 
amounts previously appropriated for this purpose under the heading 
"Restoration and renovation of buildings, Smithsonian Institution' 
may be transferred to and merged with this appropriation and 
accounted for as one appropriation for the same time period as 
originally enacted. 
CONSTRUCTION 
For necessary expenses for construction, $8,320,000, to remain 
available until expended: Provided, That notwithstanding any other 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 737 
provision of law, the Institution is authorized to transfer to the State 
of Arizona, the counties of Santa Cruz and/or Pima, a sum not to 
exceed $150,000 for the purpose of assisting in the construction or 
'^ 
maintenance of an access to the Whipple Observatory. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery of Art, the 
protection and care of tiie works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 
1937 (50 Stat. 51), as amended by the public resolution of April 13, 
1939 (Public Resolution 9, Seventy-sia±h Congress), including serv-
ices 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 clean-
ing of uniforms for guards, and uniforms, or aUowances therefor, for 
other employees as authorized by law (5 U.S.C. 5901-5902); purchase, 
or rental of devices and services for protecting buildings and con-
tents 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, witii individuals, firms, 
or organizations at such rates or prices and under such terms 
and conditions as the Grallery may deem proper, $40,712,000, of 
which not to exceed $2,370,0010 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 otiierwise, as authorized, $1,805,000, to 
remain available until expended: Provided, That contracts awarded contracts. 
for environmental sjrstems, protection systems, and exterior repair 
or renovation of buildings of the National Gallery of Art may be 
n^otiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price. 
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, 
$4,700,000. 
103 STAT. 738 
PUBLIC LAW 101-121—OCT. 23, 1989 
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
G R A N T S AND ADMINISTRATION 
For necessary expenses to carnr out the National Foundation on 
the Arts and Humanities Act of 1965, as amended, $144,105,000 shall 
be available to the National Endowment for the Arts for the support 
of projects and productions in the arts through assistance to groups 
and individuals pursuant to section 5(c) of the Act, and for admin-
istering the functions of the Act: Provided, That not less than thirty 
days prior to the award of any direct grant to the Southeastern 
Center for Contemporary Art (SECCA) in Winston-Salem, North 
Carolina, or for the Institute of Contemporary Art at the University 
of Pennsylvania, the National Endowment for the Arts shall submit 
to the Committees on Appropriations of the House and Senate a 
notification of its intent to make such an award: Provided further. 
That said notification shall delineate the purposes of the award 
which is proposed to be made and the specific criteria used by the 
Endowment to justify selection of said award. 
MATCHING GRANTS 
To carry out the provisions of section 10(aX2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as 
amended, $27,150,000, to remain available until September 30, 1991, 
to the National Endowment for the Arts, of which $15,150,000 shall 
be available for purposes of section 5(1): Provided, That this appro-
priation 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(aX2), subsec-
tions ll(aX2)(A) and ll(aX3XA) during the current and preceding 
fiscal years for which equal amounts have not previously been 
appropriated. 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS A N D ADMINISTRATION 
For necessary expenses to carry out the National Foundation on 
^ 
the Arts and the Humanities Act of 1965, as amended, $132,430,000 
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, of which 
$4,200,000 for the Office of Preservation shall remain available until 
September 30,1991. 
MATCHING GRANTS 
To carry out the provisions of section 10(aX2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as 
amended, $26,700,000, to remain available until September 30, 1991, 
' 
of which $14,700,000 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 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 739 
devises of money, and other property accepted by the Chairman or 
by grantees of the Endowment under the provisions of subsections 
ll(aX2XB) and ll(aX3XB) during the current and preceding fiscal 
years for which equal amounts have not previously been 
j 
appropriated. 
INSTITUTE OF MUSEUM SERVICES 
GRANTS AND ADMINISTRATION 
For carrying out title II of the Arts, Humanities, and Cultural 
Affairs Act of 1976, as amended, $22,675,000, including not to exceed 
\ 
$250,000 as authorized by 20 U.S.C. 965(b): Provided, That the 
National Museum Services Board shall not meet more than three 
times during fiscal year 1990. 
-^ 
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 ofHcial 
reception and representation expenses. 
COMMISSION OF FINE ARTS 
SALARIES AND EXPENSES 
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $516,000. 
.NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 99-190 (99 
Stat. 1261; 20 U.S.C. 956a), as amended, $5,500,000: Provided, That 
Public Law 99-190 (99 Stat. 1261; 20 U.S.C. 956a), as amended, is 
amended further by striking "$5,000,000" and inserting in lieu 
thereof "$7,500,000". 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
? 
SALARIES AND EXPENSES 
For expenses made necessary by the Act establishing an Advisory 
Council on Historic Preservation, Public Law 89-665, as amended, 
$1,920,000: Provided, That none of the funds under this head may be 
used to process comments on undertakings of Federal agencies, as 
specified in sections 106 and 110 of the National Historic Preserva-
tion Act of 1966, as amended, on grants or contracts to institutions 
or facilities whose main activity is the conduct of scientific research 
and such agencies shall be relieved from the requirement of seeking 
comments on such undertakings unless requested in writing by the 
grantee: Provided further. That none of these funds shall be avsdl-
able for the compensation of Executive Level V or higher positions. 
103 STAT. 740 
PUBLIC LAW 101-121—OCT. 23, 1989 
-'' • 
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 au-
thorized by 5 U.S.C. 3109, $3,133,000. 
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Franklin Delano Roosevelt 
Memorial Commission, established by the Act of August 11,1955 (69 
Stat. 694), as amended by Public Law 92-332 (86 Stat. 401), $28,000 
to remain available until September 30,1991. 
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by section 17(a) of Public 
Law 92-578, as amended,^ $2,375,000, for operating and administra-
tive expenses of the Corporation. 
PUBUC DEVELOPMENT 
For public development activities and projects in accordance with 
the development plan as authorized by section 17(b) of Public Law 
92-578, as amended, $3,150,000, to remain available until expended. 
LAND ACQUISITION AND DEVELOPMENT FUND 
The Pennsylvania Avenue Development Corporation is authorized 
to borrow from the Treasury of the United States $5,000,000, pursu-
ant to the terms and conditions in paragraph 10, section 6, of Public 
Law 92-576, as amended. 
UNITED STATES HOLOCAUST MEMORIAL COUNCIL 
HOLOCAUST MEMORIAL COUNCIL 
* For expenses of the Holocaust Memorial Council, as authorized by 
Public Law 96-388, as amended, $2,315,000: Provided, 
That none of 
these funds shall be available for the compensation of Executive 
Level V or higher positions. 
TITLE in—GENERAL PROVISIONS 
Ck>ntracts. 
SEC. 301. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expendi-
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 741 
tures are a matter of public record and available for public inspec-
tion, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law. 
SEC. 302. No part of any appropriation under this Act shall be 
available to the Secretaries of the Interior and Agriculture for use 
for any sale hereafter made of unprocessed timber from Federal 
lands west of the 100th meridian in the contiguous 48 States which 
will be exported from the United States, or which will be used as a 
substitute for timber from private lands which is exported by the 
purchaser: Provided, That this limitation shall not apply to specific 
quantities of grades and species of timber which said Secretaries 
determine are surplus to domestic lumber and pljrwood manufactur-
ing needs. 
SEC. 303. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of Agri-
culture 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. 304. 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: Provided, That— 
20 USC 954 note. 
(a) None of the funds authorized to be appropriated for the 
National Endowment for the Arts or the National Endowment for 
the Humanities may be used to promote, disseminate, or produce 
materials which in the judgment of the National Endowment for the 
Arts or the National Endowment for the Humanities may be consid-
ered 
obscene, including 
but 
not 
limited 
to, depictions 
of 
sadomasochism, homoeroticism, the sexual exploitation of children, 
or individuals engaged in sex acts and which, when taken as a 
whole, do not have serious literary, artistic, political, or scientific 
value. 
(b) It is the sense of the Congress: 
(1) That under the present procedures employed for awarding 
National Endowment for the Arts grants, although the National 
Endowment for the Arts has had an excellent record over the 
years, it is possible for projects to be funded without adequate 
review of the artistic content or value of the work. 
(2) That recently works have been funded which are without 
artistic value but which are criticized as pornographic and 
shocking by any standards. 
(3) That censorship inhibits and stultifies the full expression 
of art. 
(4) That free inquiry and expression is reaffirmed. Therefore, 
be it resolved: 
(A) That all artistic works do not have artistic or human-
istic excellence and an application can include works that 
possess both nonexcellent and excellent portions. 
(B) That the Chairman of the National Endowment for 
the arts has the responsibility to determine whether such 
an application should be funded. 
(C) That the National Endowment for the Arts must find 
a better method to seek out those works that have artistic 
excellence and to exclude those works which are without 
29-194 O—91—Part 1 
7R : OI. 3 
103 STAT. 742 
PUBLIC LAW 101-121—CX:)T. 23, 1989 
any redeeming literary, scholarly, cultural, or artistic 
-•• 
value. 
(D) That a commission be established to review the 
National Endowment for the Arts grant making proce-
dures, including those of its panel system, to determine 
whether there should be standards for grant making other 
than "substantial artistic and cultural significance, giving 
emphasis to American creativity and cultural diversity and 
the maintenance and encouragement of professionsil excel-
lence" (20 U.S.C. 954(cXl)) and if so, then what other stand-
ards. The criteria to be considered by the commission shall 
include but not be limited to possible standards where (a) 
applying contemporary community standards would find 
that the work taken as a whole appeals to a prurient 
« 
interest; 0>) the work depicts or describes in a patently 
offensive way, sexual conduct; and (c) the work, taken as a 
whole, lacks serious artistic and cultural value. 
Establishment. 
(cXD There is hereby established a temporary Independent 
Commission for the purpose of— 
(A) reviewing the National Endowment for the Arts grant 
making procedures, including those of its panel system; and 
(B) considering whether the standard for publicly funded art 
should be different than the standard for privately funded art. 
(2) The Commission shall be composed of twelve members as 
,: . 
follows: 
(A) four members appointed by the President; 
(B) four members appointed by the President upon the rec-
ommendation of the Speaker of the House of Representatives in 
consultation with the minority leader of the House of Rep-
; 
resentatives; 
(C) four members appointed by the President upon the rec-
ommendation of the President pro tempore of the Senate in 
consultation witii tiie minority leader of the Senate; 
(D) the chairman shall be designated by vote of the Conmiis-
sion members; and 
(E) a quorum for the purposes of conducting meetings shall be 
seven. 
(3) Members of the Commission shall serve without pay. While 
^ 
away from their homes or r^^ar places of business in the perform-
ance of services for the Commission, members of the Commission 
shall be allowed travel expenses, including per diem in lieu of 
subsistence, in the same manner as persons employed intermittently 
in Government service are allowed expenses under 5 U.S.C. 5703. 
(4) The Commission may, for the purpose of carrying out its duties, 
hold such hearings, sit and act at such times and places, take such 
testimony, and receive such evidence, as the Commission considers 
appropriate. 
Reports. 
(5) The Commission shall issue a report to the Speaker of the 
House of Representatives and the President of the Senate no later 
than 180 days after the date of enactment of this Act. 
(6) The Commission shall expire on September 30,1990. 
(7) Expenses of the Commission not to exceed $250,000, including 
administrative support, shall be furnished by the National Endow-
ment for the Arts. 
SEC. 305. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein. 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 743 
SEC. 306. 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 pro-
vided by law. 
SEC. 307. None of the funds provided in this Act shall be used to 
evaluate, consider, process, or award oil, gas, or geothermal lesises 
on Federal lands in the Mount Baker-Snoqualmie National 
Forest, State of Washington, within the hydrographic boundaries of 
the Cedar River municipal watershed upstream of river mile 21.6, 
the Green River municipal watershed upstream of river mile 61.0, 
the North Fork of the Tolt River proposed municipal watershed 
upstream of river mile 11.7, and the South Fork Tolt River munici-
pal watershed upstream of river mile 8.4. 
SEC. 308. No assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act unless 
such assessments and the basis therefor are presented to the 
Committees on Appropriations and are approved by such Commit-
tees. 
SEC. 309. Employment funded by this Act shall not be subject to 
any personnel ceiling or other personnel restriction for permanent 
or other than permanent employment except as provided by law. 
SEC. 310. Notwithstanding any other provision of law, the Sec-
retary of the Interior, the Secretary of Agriculture, the Secretary of 
Energy, and the Secretary of the Smithsonian Institution are 
authorized to enter into contracts with State emd locsil governmental 
entities, including local fire districts, for procurement of services in 
the presuppression, detection, and suppression of fires on any units 
within their jurisdiction. 
SEC. 311. None of the funds provided by this Act to the United 
States Fish and Wildlife Service may be obligated or expended to 
plan for, conduct, or supervise deer hunting on the Loxahatchee 
National Wildlife Refuge. 
SEC. 312. The Forest Service and Bureau of Land Management are 
to continue to complete as expeditiously as possible development of 
their respective Forest Land and Resource Management Plans to 
meet all applicable statutory requirements. Notwithstanding the 
date in section 6(c) of the NFMA (16 U.S;C. 1600), the Forest Service, 
and the Bureau of Land Management under separate authority, 
may continue the management of lands within their jurisdiction 
under existing land and resource management plans pending the 
completion of new plans. Nothing shall limit judicial review of 
particular activities on these lands: Provided, however, That there 
shall be no challenges to any existing plan on the sole basis that the 
plan in its entirety is outdated, or in the case of the Bureau of Land 
Management, solely on the basis that the plan does not incorporate 
information available subsequent to the completion of the existing 
plan: Provided further. That any and £dl particular activities to be 
carried out under existing plans may nevertheless be challenged. 
SEC. 313. 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 until an 
environmental assessment has been completed and the giant se-
quoia management implementation plan is approved. In any event, 
timber harvest within the identified groves will be done only to 
enhance and perpetuate giant sequoia. There will be no harvesting 
Employment 
and 
unemployment. 
Contracts. 
State and local 
governments. 
Disaster 
assistzmce. 
16 u s e 1604 
note. 
Forests and 
forest products. 
103 STAT. 744 
PUBLIC LAW 101-121—OCT. 23, 1989 
Government 
organization and 
employees. 
25 u s e 1300i-8. 
Claims. 
Claims. 
National Forest 
Sjrstem. 
Forests and 
forest products. 
Environmental 
protection. 
of giant sequoia specimen trees. Removal of hazard, insect, disease 
and fire killed giant sequoia other than specimen trees is permitted. 
SEC. 314. Such sums as may be necessary for fiscal year 1990 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 315. Section 9(aX3) of Public Law 100-580 (102 Stat. 2932) is 
amended by inserting after the term "Council." the following: "The 
Yurok Transition Team may receive grants and enter into contracts 
for the purpose of canying out this section and section 10(a) of this 
Act. Such grants and contracts shall be transferred to the Yurok 
Interim Council upon its organization.": Provided, That using 
$750,000 appropriated in the Energy and Water Development 
Appropriations Act, 1990, under "Gteneral Investigations, Corps of 
Engineers—Civil", the Secretary of the Army, acting through the 
Chief of Engineers, is directed to continue engineering and design of 
the McCook and Thornton Reservoirs, which are features of the 
Chicagoland Underflow Plan: Provided further. That with respect to 
claims resulting from the performance of functions, during fiscal 
year 1990 only, or claims asserted after the effective date of this Act, 
but resulting from the performance of functions prior to fiscal year 
1990, under a contract, grant agreement, or cooperative agreement 
authorized by the Indian Self-Determina^tion and Eklucation Assist-
ance Act of 1975, as amended (88 Stat. 2203; 25 U.S.C. 450 et seq.) or 
by Title V, Part B—Tribally Controlled School Grants of the Haw-
kins-Stafford 
Elementary and Secondary School Improvement 
Amendments of 1988, as amended (102 Stat. 385; 25 U.S.C. 2501 et 
seq.), an Indian tribe, tribal organization or Indian contractor is 
deemed to be part of the Bureau of Indian Affairs in the Department 
of the Interior or the Indian Health Service in the Department of 
Health and Human Services while carrying out any such contract or 
agreement and its employees are deemed employees of the Bureau 
or Service .while acting within the scope of their employment in 
carrying out the contract or agreement: Provided further, That upon 
the effective date of this legislation, any civil action or proceeding 
involving such claims brought hereafter against any tribe, tribal 
organization, Indian contractor or tribal employee covered by this 
provision shall be deemed to be an action against the United States 
and will be defended by the Attorney General and be afforded the 
full protection and coverajge of the Federal Tort Claims Act: Pro-
vided further. That beginning with the fiscal year ending September 
30, 1991, and thereafter, the appropriate Secretary shall request 
through annual appropriations funds sufficient to reimburse the 
Treasury for any claims paid in the prior fiscal year pursuant to the 
foregoing provisions: Provided further. That nothing in this section 
shall in any way affect the provisions of section 102(d) of the Indian 
Self-Determination and Education Assistance Act of 1975, as 
amended (88 Stat. 2203; 25 U.S.C. 450 et seq.). 
SEC. 316. Effective sixty days after enactment of this Act, the 
Forest Service is directed to assure an immediate supply of timber 
from the Kootenai National Forest and to protect the environment: 
Provided, That pending implementation of the Forest Service's flnal 
agency action on the Upper Yaak Decision Area, as defined in the 
Upper Yaak Draft Environmental Impact Statement, the Forest 
Service is directed to expeditiously prepare, offer, and supervise the 
harvest of timber from the lodgepole pine timber type, as defined in 
the Upper Yaak Draft EIS, in the Upper Yaak Decision Area: 
Provided further. That adequate environmental assessments for 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 745 
certain timber sales in the Upper Yaak Decision Area have been 
completed and are adequate, decision notices have been issued, no 
appeals have been filed, and the time period for appeals as specified 
in Forest Service regulations has expired: Provided further, That the 
Forest Service actions taken pursuant to this section shall comply 
with the Kootenai National Forest Plan: Provided further. That no 
construction of new system roads shall be permitted in the Upper 
Yaak River Drainage: Provided further. That this section does not in 
any manner represent a ju(^[ment upon the legal adequacy or in any 
way affect the final decision made in the development or 
implementation of the Upper Yaak Final EIS. 
SEC. 317. Section 320 of Public Law 98-473 (98 Stat. 1974) as 
amended by section 316 of Public Law 100-446 (102 Stat. 1826) is 
further amended by deleting the period and inserting ": Provided, 
That nothing contained herein shall prohibit an agreement between 
an Indian tribe or tribal organization and the Secretary of the 
Interior or the Secretary of Health and Human Services, pursuant 
to the Indian Self-Determination Act, as amended (25 U.S.C. 450 et 
seq.), under which such tribe or tribal organization may retain rents 
and charges for the operation, maintenance, and repair of such 
quarters. . 
SEC. 318. (a) From funds appropriated under this Act or otherwise 
made available— 
(1) The Forest Service shall offer, notwithstanding the provi-
sions of the Federal Timber Contract Payment Modification Act 
of 1984 (16 U.S.C. 618(a)(5)(C)), an aggregate timber sale level of 
seven billion seven hundred million board feet of net merchant-
able timber from the national forests of Oregon and Washington 
for fiscal years 1989 and 1990. Such timber sales shall be 
consistent with existing land and resource management plans 
or land and resource management plans as approved except, in 
the case of the Mapleton Ranger District of the Siuslaw 
National Forest, Oregon, such sales shall be consistent with the 
preferred alternative of the draft land and resource manage-
ment plan and accompanying draft environmental impact state-
ment dated Octrober 1, 1986, pending approval of a final land 
and resource management plan for the Siuslaw National Forest: 
Provided, That of the seven billion seven hundred million board 
foot aggregate timber sale level for fiscal years 1989 and 1990, 
timber sales offered from the thirteen national forests in 
Oregon and Washington known to contain northern spotted 
owls shall meet an aggregate timber sale level for fiscal years 
1989 and 1990 of five billion eight hundred million board feet of 
net merchantable timber: Provided further. That the sales 
volume shall be distributed in the same proportion between 
Oregon and Washington national forests known to contain 
northern spotted owls based on the average sale volume for 
fiscal years 1986 through 1988. 
(2) The Bureau of Land Management shall offer such volumes 
as are required in fiscal year 1990 to meet an aggregate timber 
sale level of one billion nine hundred million board feet for 
fiscal years 1989 and 1990 from its administrative districts in 
western Oregon. 
(b)(1) In accordance with subsection (bX2) of this section, all timber 
sales from the thirteen national forests in Oregon and Washington 
known to contain northern spotted owls prepared or offered pursu-
ant to this section shall minimize fragmentation of the most eco-
5 u s e 5911 note. 
National Forest 
System. 
Conservation. 
Forests and 
forest products. 
Oregon. 
Washington. 
Birds. 
Oregon. 
Washington. 
103 STAT. 746 
PUBLIC LAW 101-121—OCT. 23,1989 
logicallv signiHcant old growth forest stands. "Old growth forest 
stands' are defined as those stands meeting the criteria according to 
Forest Service Research Publication Numbered PNW-447. In those 
instances where the Forest Service, after consultation with the 
advisory boards established pursuant to subsection (c) of this section, 
determines that the definition in Forest Service Research Publica-
tion Numbered PNW-447 is not fully applicable in national forests 
known to contain northern spotted owls, the Forest Service shall use 
old-growth definitions contained in its Pacific Northwest Regional 
Guide. 
(2) To the extent that fragmentation of ecologically significant old 
growth forest stands is necessary to meet the timber sale levels 
directed by subsection (aXD of this section, the Forest Service shall 
minimize such fragmentation in the ecologically significant old 
growth forest stands on a national forest-by-national forest basis 
based on the Forest Service's discretion in determining the eco-
logically significant stands after considering input from the advisory 
boards created pursuant to subsection (c) of this section. The habitat 
of nesting pairs of spotted owls which are not in the Spotted Owl 
Habitat Areas (SOHAs) described in subsection (bX3) of this section 
shall be considered an important factor in the identification of 
ecologically significant old growth forest stands. 
(3) No timber sales offered pursuant to this section from the 
thirteen national forests in Oregon and Washington known to con-
tain northern spotted owls may occur within SOHAs identified 
pursuant to the Final Supplement to the Environmental Impact 
Statement for an Amendment to the Pacific Northwest Regional 
Guide—Spotted Owl and the accompanying Record of Decision 
issued by the Forest Service on December 8,1988 as adjusted by this 
subsection: 
(A) For the Olympic Peninsula Province, which includes the 
Olympic National Forest, SOHA size is to be 3,200 acres; 
(B) For the Washington Cascades Province, which includes 
the Mt. Baker-Snoqualmie, Okanogan, Wenatchee, and Gifford-
Pinchot National Forests, SOHA size is to be 2,600 acres; 
(C) For the Oregon Cascades Province, which includes the Mt. 
Hood, Willamette, Rogue River, Deschutes, Winema, and 
Umpqua National Forests, SOHA size is to be 1,875 acres; 
(D) For the Oregon Coast Range Province, which includes the 
Siuslaw National Forest, SOHA size is to be 2,500 acres; and 
(E) For the Klamath Mountain Province, which includes the 
Siskiyou National Forest, SOHA size is to be 1,250 acres. 
' 
(F) All other standards and guidelines contained in the Chiefs 
Record of Decision are adopted. 
(4) In planning for the preparation and offer of timber sales 
authorized in subsection (aXD of this section, the Forest Service, to 
the extent possible in areas proximate to SOHA sites identified in 
subsection (bX3) of this section, should exercise discretion in select-
ing sites and/or silvicultural prescriptions in order to retain spotted 
owl habitat characteristics in such areas. The Forest Service should 
consider the relative location and quality of such areas contiguous to 
the SOHAs and should give higher priority to preparing and offer-
ing sales in areas of lower quality and less important location than 
to areas of greater quality and more important location relative to 
the SOHAs. 
(5) No timber sales offered pursuant to this section on Bureau of 
Land Management lands in western Oregon known to contain 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 747 
northern spotted owls shall occur within the 110 areas identified in 
the December 22, 1987 agreement, except sales identified in said 
agreement, between the Bureau of Land Management and the 
Oregon Department of Fish and Wildlife. Not later than thirty days 
after enactment of this Act, the Bureau of Land Mans^ement, after 
consulting with the Oregon Department of Fish and Wildlife and the 
United States Fish and Wildlife Service to identify high priority 
spotted owl area sites, shall select an additional twelve spotted owl 
habitat areas. No timber sales may be offered in the areas identified 
pursuant to this subsection during fiscal year 1990. 
(6XA) Without passing on the legal and factual adequacy of the 
Final Supplement to the Environmental Impact Statement for an 
Amendment to the Pacific Northwest Regional Guide—Spotted Owl 
Guidelines and the accompanying Record of Decision issued by the 
Forest Service on December 8, 1988 or the December 22, 1987 
agreement between the Bureau of Land Management and the 
Oregon Department of Fish and Wildlife for management of the 
spotted owl, the Congress hereby determines and directs that 
management of areas according to subsections O
^
X
S
) and ODXS) of this 
section on the thirteen national forests in Oregon and Washington 
and Bureau of Land Management lands in western Oregon known to 
contain northern spotted owls is adequate consideration for the 
purpose of meeting the statutory requirements that are the basis for 
the consolidated cases captioned Seattle Audubon Society et al., v. F. 
Dale Robertson, Civil No. 89-160 and Washington Contract Loggers 
Assoc, et al., v. F. Dale Robertson, Civil No. 89-99 (order granting 
preliminary injunction) and the case Portland Audubon Society et 
al., V. Manuel Liyan, Jr., Civil No. 87-1160-FR. The guidelines 
adopted by subsections 0)X3) and O
t
)
X
5
) of this section shall not be 
subject to judicial review by any court of the United States. 
(B) The Forest Service is directed to review and revise as appro-
priate the decision adopted in the December 1988 Record of Decision 
referenced in subsection (bX6XA) of this section and shall consider 
any new information gathered subsequent to the issuance of the 
Record of Decision, including the interagency guidelines for con-
servation of northern spotted owls developed by the Interagency 
Scientific Committee to address conservation of the northern spot-
ted owl. This review, and any resulting changes to the December 
1988 decision determined to be necessary by the Forest Service are 
to be completed and in effect not later than September 30, 1990. 
(cXD The Secretaries of Agriculture and the Interior shall name 
advisory boards on a national forest-by-national forest and Bureau 
of Land Management district-by-district basis which shall be com-
prised of not more than seven mdividuals who, in the appropriate 
Secretary's judgment, represent a diversity of views. In the process 
of selecting individuals to serve on the advisory boards, the Secretar-
ies shall make every effort to recognize the diversity of views and 
perspectives and allow parties which represent a cross-section of 
those views to participate in making recommendations in the selec-
tion of board members, provided, that every effort will be made to 
ensure the advisory boards are comprised of an equal number of 
representatives of environmental and business concerns. The ad-
visory boards shall be named not later than thirty days after 
enactment of this Act. The advisory boards shall provide rec-
ommendations to the Forest Service and the Bureau of Land 
Management in reviewing prospective timber sales which shall meet 
the timber sale levels directed by this section prior to their offer. 
103 STAT. 748 
PUBLIC LAW 101-121—OCT. 23, 1989 
The advisory boards shall present their advice within fifteen or 
forty-five days after receipt of the necessary review documents. The 
fifteen-day period applies to single sales and the forty-five-day 
period applies to multiple sales. The members of the advisory boards 
authorized by this section shall serve without compensation or 
reimbursement of expenses. The Forest Service and the Bureau of 
Land Management are authorized to use available funds for the 
services of professional, independent facilitators to assist in the 
work of the advisory boards. 
(2) The Forest Service and Bureau of Land Management shall 
consider the recommendations of the advisory boards once such 
boards are established pursuant to this section, including any sug-
gested modifications of individual sales. The Forest Service and 
Bureau of Land Management shall also consider recommendations 
made by the United States Fish and Wildlife Service on those timber 
sales conferred upon under section 7(a)(4) or, if the spotted owl is 
listed as a threatened or endangered species, consult under section 
7(aX2) of the Endangered Species Act of 1973, as amended (16 U.S.C. 
1536(a)(2) and (aX4)) prior to the offer of any subsequent timber sale 
in fiscal year 1990. These recommendations shall be considered 
regardless of whether the agreement provided in subsection (fKD of 
this section has been reached, entered into, and accepted by the 
relevant court. Adoption or rejection of such recommended modifica-
^ 
tions shall not require preparation of additional environmental 
documents, notwithstanding any other provision of law. 
(d) Notwithstanding any other provision of law, there shall be not 
more than one level of administrative appeal of any decision by the 
Forest Service or the Bureau of Land Management to undertake any 
activity directed by this section for timber sales to be prepared, 
advertised, offered, and awarded during fiscal year 1990 from the 
thirteen national forests in Oregon and Washington and Bureau of 
Land Management lands in western Oregon known to contain 
northern spotted owls. If an administrative stay is granted in any 
such appeal the Regional Forester or the Interior Board of Land 
Appeals shall issue a final decision on the merits within forty-five 
days of the date of issuance of such stay. Notwithstanding any other 
provision of law, any party seeking to challenge a decision made 
after the date of enactment of this Act to prepare, advertise, offer, or 
award a timber sale in fiscal year 1990 from the thirteen national 
forests and Bureau of Land Management lands in western Oregon 
known to contain northern spotted owls need not exhaust their 
administrative remedies prior to filing suit. Nothing in this subsec-
tion shall alter the administrative appeal requirements of the Forest 
Service or Bureau of Land Management. 
(e) Nothing in this section shall affect interagency cooperation 
among the Forest Service, the Bureau of Land Management, and the 
United States Fish and Wildlife Service under sections 7(aX2) and 
7(aX4) of the Endangered Species Act and its regulations. 
(0(1) Not later than two days after enactment of this Act, the 
Forest Service shall submit to plaintiffs in the captioned case Seattle 
Audubon Society et al., v. F. Dale Robertson, Civil No. 89-160, a list 
of sales which had been prepared for offer in fiscal year 1989 and 
which contain at least 40 acres of suitable spotted owl habitat. Not 
later than fourteen days after receipt of such list, plaintiffs to the 
suit referenced in this subsection may enter into an agreement with 
the Forest Service releasing for sale not less than one billion one 
hundred million board feet of net merchantable timber. Such sales 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 749 
must be available for advertisment not later than fourteen days 
after the agreement required by this subsection is reached. Such 
timber sales selected shall not be subject to further judicial review 
by any court of the United States. 
(2) If the agreement specified in subsection (f)(1) of this section is 
reached, then those timber sales described in the list submitted to 
plaintiffs pursuant to subsection (f)(1) of this section but not con-
tained in the agreement authorized by subsection (f)(1) of this 
section shall not be offered for sale in fiscal year 1990. 
(3) If the agreement authorized under subsection (fKD of this 
section is not implemented within the timeframes prescribed in 
subsection (f)(1) of this section, one billion one hundred million 
board feet of net merchantable timber from such sales submitted to 
plaintiffs pursuant to subsection (f)(1) of this section shall be selected 
and modified as appropriate by the Forest Service in accordance 
with the provisions of this section. Selected sales shall be prepared, 
advertised, offered, awarded and operated notwithstanding any 
provision of law that is a basis for any stay, injunction or order 
issued in the proceeding identified in subsection (f)(1) of this section: 
Provided, That nothing in this subsection shall affect rights avail-
able under the Contract Disputes Act (41 U.S.C. 601 et seq.). 
(4) The Forest Service shall, for each respective timber sale, lift its 
own stay or apply to the appropriate court for the lifting of the 
restraining order or injunction whose basis has been withdrawn by 
this section. 
(5) Timber sales selection pursuant to subsections (f)(1) or (f)(3) of 
this section shall be based on the following criteria: (1) proportional 
distribution between Oregon and Washington national forests 
known to contain northern spotted owls based on the average sale 
volumes for fiscal years 1986 through 1988; (2) proportional distribu-
tion to the extent possible among the thirteen national forests 
known to contain northern spotted owls in Oregon and Washington 
based on the average sale volumes for fiscal years 1986 through 
1988; and (3) to the extent possible, selection of sales outside the 
habitat of nesting pairs of spotted owls which are not in the Spotted 
Owl Habitat Areas described in subsection (b)(3) of this section. 
(g)(1) No restraining order or preliminary injunction shall be 
issued by any court of the United States with respect to any decision 
to prepare, advertise, offer, award, or operate a timber sale or 
timber sales in fiscal year 1990 from the thirteen national forests in 
Oregon and Washington and Bureau of Land Management lands in 
western Oregon known to contain northern spotted owls. The provi-
sions of section 705 of title 5, United States Code, shall not apply to 
^ 
any challenge to such a timber sale: Provided, That the courts shall 
Courts, U.S. 
have authority to enjoin permanently, order modification of, or void 
an individual sale if it has been determined by a trial on the merits 
that the decision to prepare, advertise, offer, award, or operate such 
sale was arbitrary, capricious or otherwise not in accordance with 
law: Provided further. That any challenge to a timber sale must be 
filed in Federal District Court within fifteen days of the date of 
initial advertisement of the challenged timber sale: Provided fur-
ther, That for forty-five days after the date of filing of a challenge to 
a timber sale the affected agency shall take no action to award a 
challenged timber sale. Civil actions filed under this section shall be 
assigned for hearing at the earliest possible date and shall take 
precedence over all other matters pending on the docket of the court 
at that time except for criminal cases: Provided further. That the 
Courts, U.S. 
103 STAT. 750 
PUBLIC LAW 101-121—OCT. 23, 1989 
court shall render its final decision relative to any challenge within 
forty-five days fi-om the date such challenge is brought, unless the 
court determines that a longer period of time is required to satisfy 
the requirements of the United States Constitution. 
(2) Notwithstanding any other provision of law, the court may set 
rules governing the procedures of any such proceeding which set 
page limits on briefs and time limits on filing briefs and motions and 
other actions which are shorter than the limits specified in the 
Federal rules of civil or appellate procedure. 
(3) In order to reach a decision within forty-five days, the Federal 
District Court may assign all or part of any such case or cases to one 
or more Special Masters, for prompt review and recommendations to 
the court. 
Reports. 
(h) The Forest Service, the Bureau of Land Management, and the 
United States Fish and Wildlife Service shall submit reports updat-
ing their findings and progress as determined by the process recog-
nized under subsection (e) of this section on a monthly basis to the 
President of the Senate and the Speaker of the House of Representa-
tives for appropriate referral. Such reports shall also include 
information on the extent to which recommendations of the 
advisory boards established pursuant to subsection (c) of this section 
were integrated into timber sale decisions as well as reasons for 
modifying or not adopting recommendations made by the advisory 
boards. Such reports shall be submitted as directed beginning on 
December 1,1989, and ending on September 30,1990. 
(i) Except for provisions of subsection (aXD of this section, the 
provisions of this section apply solely to the thirteen national forests 
in Oregon and Washington and Bureau of Land Management dis-
tricts in western Oregon known to contain northern spotted owls. 
Nothing contained in this section shall be construed to require the 
Forest Service or Bureau of Land Management to develop similar 
policies on any other forest or district in Oregon or Washington. 
(j) The advisory boards established under this section shall not be 
subject to the Federal Advisory Committee Act (86 Stat. 770). 
(k) Timber sales offered to meet the requirements of subsection (a) 
of this section shall be subject to the terms and conditions of this 
section for the duration of those sale contracts. All other provisions 
of this section shall remain in effect until September 30, 1990. 
SEC. 319. (aXD Subchapter III of chapter 13 of title 31, United 
States Code, is amended by adding at the end thereof the following 
new section: 
Grants. 
"§ 1352. Limitation on use of appropriated funds to influence 
Loa^- 
certain Federal contracting and financial transactions 
"(aXD None of the funds appropriated by any Act may be 
expended by the recipient of a Federal contract, grant, loan, or 
cooperative agreement to pay any person for influencing or attempt-
ing to influence an officer or employee of any agency, a Member of 
Congress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with any Federal action de-
scribed in paragraph (2) of this subsection. 
"(2) The prohibition in paragraph (1) of this subsection applies 
with respect to the following Federal actions: 
"(A) The awarding of any Federal contract. 
"(B) The making of any Federal grant. 
"(C) The making of any Federal loan. 
"(D) The entering into of any cooperative agreement. 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 751 
"(E) The extension, continuation, renewal, amendment, or 
modification of any Federal contract, grant, loan, or cooperative 
agreement. 
"(bXD Each person who requests or receives a Federal contract, 
grant, loan, or cooperative agreement from an agency or requests or 
receives from an agency a commitment providing for the United 
States to insure or guarantee a loan shall file with that agency, in 
accordance with paragraph (4) of this subsection— 
"(A) a written declaration described in paragraph (2) or (3) of 
this subsection, as the case may be; and 
"(B) copies of all declarations received by such person under 
paragraph (5). 
"(2) A declaration filed by a person pursuant to paragraph (IXA) 
of this subsection in connection with a Federal contract, grant, loan, 
or cooperative agreement shall contain— 
"(A) a statement setting forth whether such person— 
"(i) has made any pa3mient with respect to that Federal 
contract, grant, loan, or cooperative agreement, using funds 
other than appropriated funds, which would be prohibited 
by subsection (a) of this section if the payment were paid for 
with appropriated funds; or 
"(ii) has agreed to make any such payment; 
"(B) with respect to each such pajrment (if any) and each such 
agreement (if any)— 
"(i) the name and address of each person paid, to be paid, 
or reasonably expected to be paid; 
"(ii) the name and address of each individual performing 
the services for which such pajnnent is made, to be made, or 
reasonably expected to be made; 
"(iii) the amount paid, to be paid, or reasonably expected 
to be paid; 
"(iv) how the person was paid, is to be paid, or is reason-
ably expected to be paid; and 
"(v) the activity for which the person was paid, is to be 
paid, or is reasonably expected to be paid; and 
"(C) a certification that the person making the declaration has 
not made, and will not make, any pajmient prohibited by 
subsection (a). 
"(3) A declaration filed by a person pursuant to paragraph (IXA) 
of this subsection in connection with a commitment providing for 
the United States to insure or guarantee a loan shall contain— 
"(A) a statement setting forth whether such person— 
, 
"(i) has made any payment to influence or attempt to 
influence an officer or employee of any agency, a Member 
of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with that 
loan insurance or guaranty; or 
"(ii) h£is agreed to make any such payment; and 
"(B) with respect to each such pa5nnent (if any) and each such 
agreement (if any), the information described in paragraph 
(2XB) of this subsection. 
"(4) A person referred to in paragraph (IXA) of this subsection 
shall file a declaration referred to in that paragraph— 
"(A) with each submission by such person that initiates 
agency consideration of such person for award of a Federal 
contract, grant, loan, or cooperative agreement, or for grant of a 
103 STAT. 752 
PUBLIC LAW 101-121—OCT. 23, 1989 
Records. 
Reports. 
Public 
information. 
Defense eind 
national 
security. 
Classified 
information. 
commitment providing for the United States to insure or 
guarantee a loan; 
., 
"(B) upon receipt by such person of a Federal contract, grant, 
* loan, or cooperative agreement or of a commitment providing 
for the United States to insure or guarantee a loan, unless such 
person previously filed a declaration with respect to such con-
tract, grant, loan, cooperative agreement or commitment pursu-
ant to clause (A); and 
"(C) at the end of each calendar quarter in which there occurs 
any event that materially affects the accuracy of the informa-
tion contained in any declaration previously filed by such 
person in connection with such Federal contract, grant, loan, 
cooperative agreement, loan insurance commitment, or loan 
guaranty commitment. 
"(5) Any person who requests or receives from a person referred to 
in paragraph (1) of this subsection a subcontract under a Federal 
contract, a subgrant or contract under a Federal grant, a contract or 
subcontract to carry out any purpose for which a particular Federal 
loan is made, or a contract under a Federal cooperative agreement 
shall be required to file with the person referred to in such para-
graph a written declaration referred to in clause (A) of such para-
graph. 
"(6XA) The head of each agency shall collect and compile the 
information contained, pursuant to paragraphs (2)(B) and (3XB) of 
this subsection, in the statements filed under this subsection and, on 
May 31 and November 30 of each year, submit to the Secretary of 
the Senate and the Clerk of the House of Representatives a report 
containing a compilation of the information contained, pursuant to 
such paragraphs, in the statements received during the six-month 
period ending on March 31 or September 30, respectively, of that 
year. The report, including the compilation, shall be available for 
public inspection 30 days after receipt of the report by the Secretary 
and the Clerk. 
"(B) Notwithstanding subparagraph (A)— 
"(i) information referred to in subparagraph (A) that involves 
intelligence matters shall be reported only to the Select 
Committee on Intelligence of the Senate, the Permanent Select 
, . Committee on Intelligence of the House of Representatives, and 
the Committees on Appropriations of the Senate and the House 
of Representatives in accordance with procedures agreed to by 
such committees; 
"(ii) information referred to in subparagraph (A) that is 
specifically authorized under criteria established by an Execu-
tive order to be kept secret in the interest of national defense or 
foreign policy, is classified in accordance with such order, and is 
available only by special access shall be reported only to the 
Committee on Foreign Relations of the Senate and the Commit-
tee on Foreign Affairs of the House of Representatives or the 
;, Committees on Armed Services of the Senate and the House of 
Representatives (whichever such committees have jurisdiction 
of matters involving such information) and to the Committees 
on Appropriations of the Senate and the House of Representa-
tives in accordance with procedures agreed to by such commit-
, tees; and 
: t 
"(iii) information reported in accordance with this subpara-
graph shall not be available for public inspection. 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 753 
"(7) The Director of the Office of Management and Budget, after 
consulting with the Secretary of the Senate and the Clerk of the 
House of Representatives, shall issue guidance for 
agency 
implementation of, and compliance with, the requirements of thi^ 
section. 
"(CXD Any person who makes an expenditure prohibited by 
subsection (a) of this section shall be subject to a civil penalty of not 
less than $10,000 and not more than $100,000 for each such expendi-
ture. 
"(2XA) Any person who fails to file or amend a declaration 
required to be filed or amended under subsection Ot)) of this section 
shall be subject to a civil penalty of not less than $10,000 and not 
more than $100,000 for each such failure. 
"(B) A filing of a declaration of a declaration amendment on or 
after the date on which an administrative action for the imposition 
of a civil penalty under this subsection is commenced does not 
prevent the imposition of such civil penalty for a failure occurring 
before that date. For the purposes of this subparagraph, an adminis-
trative action is commenced with respect to a failure when an 
investigating official determines in writing to commence an inves-
tigation of an allegation of such failure. 
"(3) Sections 3803 (except for subsection (c)), 3804, 3805, 3806,3807, 
3808, and 3812 of this title shall be applied, consistent with the 
requirements of this section, to the imposition and collection of civil 
penalties under this subsection. 
"(4) An imposition of a civil penalty under this subsection does not 
prevent the United States from seeking any other remedy that the 
United States may have for the same conduct that is the basis for 
the imposition of such civil penalty. 
"(dXl) The official of each agency referred to in paragraph (3) of 
this subsection shall submit to Congress each year an evaluation of 
the compliance of that agency with, and the effectiveness of, the 
requirements imposed by this section on the agency, persons 
requesting or receiving Federal contracts, grants, loans, or coopera-
tive agreements from that agency, and persons requesting or receiv-
ing from that agency commitments providing for the United States 
to insure or guarantee loans. The report shall be submitted at the 
same time the agency submits its annual budget justifications to 
Congress. 
"(2) The report of an agency under paragraph (1) of this subsection 
shall include the following: 
"(A) All alleged violations of the requirements of subsections 
(a) and (b) of this section, relating to the agency's Federal 
actions referred to in such subsections, during the year covered 
by the report. 
"(B) The actions taken by the head of the agency in such year 
with respect to those alleged violations and any alleged viola-
tions of subsections (a) and (b) of this section that occurred 
before such year, including the amounts of civil penalties 
imposed by the head of such agency in such year, if any. 
"(3) The Inspector General of an agency shall prepare and submit 
the annual report of the agency required by paragraph (1) of this 
subsection. In the case of an agency that does not have an inspector 
general, the agency official comparable to an inspector general shall 
prepare and submit the annual report, or, if there is no such 
comparable official, the head of the agency shall prepare and submit 
such annual report. 
Law 
enforcement and 
crime. 
Reports. 
103 STAT. 754 
PUBLIC LAW 101-121—OCT. 23, 1989 
"(eXlXA) Subsection (aXD of this section does not apply in the case 
of a payment of reasonable compensation made to an officer or 
employee of a person requesting or receiving a Federal contract, 
grant, loan, or cooperative agreement to the extent that the pay-
ment is for agency and legislative liaison activities not directly 
related to a Federal action referred to in subsection (aX2) of this 
section. 
"(B) Subsection (aXD of this section does not prohibit any reason-
able payment to a person in connection with, or any payment of 
reasonable compensation to an officer or employee of a person 
requesting or receiving, a Federal contract, grant, loan, or coopera-
tive agreement or an extension, continuation, renewal, amendment, 
or modification of a Federal contract, grant, loan, or cooperative 
agreement if the payment is for professional or technical services 
rendered directly in the preparation, submission, or negotiation of 
any bid, proposal, or application for that Federal contract, grant, 
loan, or cooperative agreement or for meeting requirements imposed 
by or pursuant to law as a condition for receiving that Federal 
contract, grant, loan, or cooperative agreement. 
"(C) Nothing in this paragraph shall be construed as permitting 
the use of appropirated funds for making any payment prohibited in 
or pursuant to any other provision of law 
"(2) The reporting requirement in subsection (b) of this section 
shall not apply to any person with respect to— 
"(A) payments of reasonable compensation made to regularly 
employed ofRcers or employees of a person requesting or receiv-
ing a Federal contract, grant, loan, or cooperative agreement or 
a commitment providing for the United States to insure or 
guarantee a loan; 
"(B) a request for or receipt of a contract (other than a 
contract referred to in clause (C)), grant, cooperative agreement, 
subcontract (other than a subcontract referred to in clause (O), 
or subgrant that does not exceed $100,000; and 
"(C) a request for or receipt of a loan, or a commitment 
providing for the United States to insure or guarantee a loan, 
that does not exceed $150,000, including a contract or sub-
contract to carry out any purpose for which such a loan is made. 
"(0 The Secretary of Defense may exempt a Federal action de-
scribed in subsection (aX2) from the prohibition in subsection (aXl) 
whenever the Secretary determines, in writing, that such an exemp-
tion is in the national interest. The Secretary shall transmit a copy 
of each such written exemption to CJongress immediately after 
making such determination. 
"(g) The head of each Federal agency shall take such actions as 
are necessary to ensure that the provisions of this section are 
vigorously implemented and enforced in such agency. 
"(h) As used in this section: 
"(1) The term 'recipient', with respect to funds received in 
connection with a Federal contract, grant, loan, or cooperative 
agreement— 
"(A) 
includes 
the 
contractors, 
subcontractors, 
or 
subgrantees (as the case may be) of the recipient; but 
"(B) does not include an Indian tribe, tribal organization, 
or any other Indian organization eligible to receive Federal 
contracts, grants, cooperative agreements, or loans from an 
agency but only with respect to expenditures that are by 
PUBLIC LAW 101-121—OCT. 23, 1989 
103 STAT. 755 
such tribe or organization for purposes specified in subsec-
tion (a) and are permitted by other Federal law. 
"(2) The term 'agency' has the same meaning provided for 
such term in section 552(0 of title 5, and includes a Government 
corporation, as defined in section 9101(1) of this title. 
"(3) The term 'person'— 
"(A) includes an individual, corporation, 
company, 
association, authority, firm, partnership, society. State, and 
local government, regardless of whether such entity is oper-
ated for profit or not for profit; but 
"(B) does not include an Indian tribe, tribal organization, 
or any other Indian organization eligible to receive Federal 
contracts, grants, cooperative agreements, or loans from an 
agency but only with respect to expenditures by such tribe 
or organization that are made for purposes specified in 
subsection (a) and are permitted by other Federal law. 
"(4) The term 'State' means a State of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, a 
territory or possession of the United States, an agency or 
instrumentality of a State, and a multi-State, regional, or inter-
state entity having governmental duties and powers. 
"(5) The term 'local government' means a unit of government 
in a State and, if chartered, established, or otherwise recognized 
by a State for the performance of a governmental duty, the 
following entities: 
"(A) A local public authority. 
"(B) A special district. 
"(C) An intrastate district. 
"(D) A council of governments. 
"(E) A sponsor group representative organization. 
"(F) Any other instrumentality of a local government. 
"(6XA) The terms 'Federal contract, 'Federal grant', 'Federal 
cooperative agreement' mean, respectively— 
"(i) a contract awarded by an agency; 
"(ii) a grant made by an sigency or a direct appropriation 
made by law to any person; and 
"(iii) a cooperative agreement entered into by an agency. 
"(B) Such terms do not include— 
"(i) direct United States cash assistance to an individual; 
"(ii) a loan; 
"(iii) loan insurance; or 
"(iv) a loan guaranty. 
"(7) The term 'Federal loan' means a loan made by an Eigency. 
Such term does not include loan insurance or a loan guaranty. 
"(8) The term 'reasonable payment' means, with respect to 
professional and other technical services, a payment in an 
amount that is consistent with the amount normally paid for 
such services in the private sector. 
"(9) The term 'reasonable compensation' means, with respect 
to a regularly employed officer or employee of any person, 
compensation that is consistent with the normal compensation 
for such officer or employee for work that is not furnished to, 
not funded by, or not furnished in cooperation with the Federal 
Government. 
"(10) The term 'regularly employed', with respect to an officer 
or employee of a person requesting or receiving a Federal 
contract, grant, loan, or cooperative agreement or a commit-
103 STAT. 756 
PUBLIC LAW 101-121—OCT. 23, 1989 
ment providing for the United States to insure or guarantee a 
loan, means an officer or employee who is employed by such 
person for at least 130 working days within one year imme-
diately preceding the date of the submission that initiates 
agency consideration of such person for receipt of such contract, 
grant, loan, cooperative agreement, loan insurance commit-
ment, or loan guaranty commitment. 
"(11) The terms Indian tribe' and 'tribal organization' have 
the meaning provided in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450b).". 
(2) The table of sections for subchapter III of chapter 13 of title 31, 
United States Code, is amended by adding at the end the following 
new item: 
"1352. Limitation on use of appropriated funds to influence certain Federal con-
tracting and financial transactions.". 
Reports. 
(b) The first report submitted under subsection (b)(6) of section 
31 use 1352 
1352 of title 31, United States Code (as added by subsection (a)), shall 
°***®- 
be submitted on May 31, 1990, and shall contain a compilation 
relating to the statements received under subsection (b) of such 
section during the six-month period beginning on October 1, 1989. 
31 use 1352 
(c) The Director of the Office of Management and Budget shall 
no*»- 
notify the head of each agency that section 1352 of title 31, United 
States Code (as added by subsection (a)), is to be complied with 
commencing 60 days after the date of the enactment of this Act. Not 
later than 60 days after the date of the enactment of this Act, the 
Director of the Office of Management and Budget shall issue the 
guidance required by subsection (bXT) of such section. 
Effective date. 
(d) Section 1352 of title 31, United States (Dode (as added by 
^LY^^ ^^^2 
subsection (a)), shall take effect with respect to Federal contracts, 
grants, loans, cooperative agreements, loan insurance commitments, 
and loan guaranty commitments that are entered into or made more 
than 60 days after the date of the enactment of this Act. 
Approved October 23, 1989. 
note. 
LEGISLATIVE HISTORY—H.R. 2788: 
HOUSE REPORTS: No. 101-120 (Comm. on Appropriations) and No. 101-264 (Comm. 
of eonference). 
SENATE REPORTS: No. 101-85 (Comm. on Appropriations). 
eONGRESSIONAL REOORD, Vol. 135 (1989): 
July 12, considered and passed House. 
July 26, considered and passed Senate, amended. 
Oct. 3, House agreed to conference report; receded and concurred in certfdn 
Senate amendments, in others with amendments. 
Oct. 7, Senate agreed to conference report; concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Oct. 23, Presidential statement.