A bill making appropriations for the Department of Interior and related agencies for the fiscal year ending September 30, 1989, and for other purposes.
PL 100-446 (H.R.4867), enacted 09/27/1988

102 STAT. 1774 
PUBLIC LAW 100-446—SEPT. 27, 1988 
Public Law 100-446 
100th Congress 
An Act 
Sept. 27, 1988 
Making appropriations for the Department of the Interior and related agencies for 
[H.R. 4867] 
*^® fiscal year ending September 30,1989, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That the following 
sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 1989, and 
for other purposes, nsimely: 
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 Ismds and their resources under the 
jurisdiction of the Bureau of Land Management, including the 
general administration of the Bureau of Land Management, 
$508,462,000, of which not to exceed $1,000,000 to be derived from 
the specisJ receipt account established by section 4 of the Land and 
Water C!onservation Fund Act of 1965, as amended (16 U.S.C. 
4601-6a(i)), $70,000,000 for firefighting and repayment to other 
appropriations from which funds were transferred under the author-
ity of section 102 of the Department of the Interior and Related 
Agencies Appropriations Act, 1988, and $23,000,000 for the Auto-
mated Land and Mineral Record Sjrstem Project shcdl remain avail-
able until expended: 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 
43 use 1474. 
its contractors: Provided further, That in fiscal year 1989 all but 
$742,000 of receipts, and thereafter all receipts from fees established 
by the Secretary of the Interior for processing of actions relating to 
the administration of the Greneral Mining Laws shall be available 
for program operations in Mining Law Administration by the 
Bureau of Land Management to supplement funds otherwise avail-
able, to remain available until expended. 
CONSTRUCTION AND ACCESS 
For acquisition of lands and interests therein, and construction of 
buildings, recreation facilities, roads, trails, and appurtenant facili-
ties, $5,431,000, to remain available until expended. 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1775 
PAYMENTS IN UEU 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. The Payments in 31 use 6901 
Lieu of Taxes Act (31 U.S.C. 6901(2)) is amended by deletmg the note. 
phrase "existing in the State of Alaska on the date of enactment of 
this Act" from the definition of a unit of Government. 
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 £tnd acquisition of lands or waters, or inters therein, 
$12,290,000, to be derived from the Land and Water Oonservation 
Fund, to remain available until expended. 
OREGON AND CALIFORNIA 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 Or^on and (California Railroad grant lands, on other 
Federal lands in the Or^on and California land-grant counties of 
Oregon, and on a4jacent rights-of-way; and acquisition of lands or 
interests therein including existing connecting roads on or ac^'acent 
to such grant lands; $60,000,000, to remain available until expended: 
Provided, That the amoimt 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 aggr^ate of all receipts during the current fiscal year 
from the revested Oregon and C!alifomia 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 n of the Act of August 28, 1937 (50 Stat. 876). 
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 aU 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 Liteiior pursuant to law, but not 
less than $8,506,000, 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 disposed 
of public lands and resources, for costs of providii^ copies of official 
public land documents, for monitoring construction, operation, and 
102 STAT. 1776 
PUBLIC LAW 100-446—SEPT. 27, 1988 
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), 3040)), 305(a), and 504(g) of the 
Act approved October 21,1976 (43 U.S.C. 1701), and sefctions 101 and 
203 of Public Law 93-153, to be immediately available until ex-
43 use 1735 
pended: Provided, That notwithstanding any provision to the con-
note, 
trary of subsection 305(a) of the Act of October 21, 1976 (43 U.S.C. 
1735(a)), any moneys that have been or will be received pursuant to 
that 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. 
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 
SecretaiT 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 Coos 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 "C^oos Bay Wagon Road grant fund": Provided further. That 
appropriations herein made may be expended for surveys of Federal 
lands of the United States and on a reimbursable basis for surveys of 
Federal lands of the United States and for protection of lands for the 
43 use 1
7
5
2 
State of Alaska: Provided further. That an appeal of any reductions 
note. 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1777 
in grazing allotments on public rangelands must be taken within 
thirty days after receipt of a final grazing allotment decision. Reduc-
tions 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 com-
pleted 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 Code, the uniform allowance for each uni-
formed employee of the Bureau of Land Management shall not 
exceed $400 annually. 
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, $360,688,000, of which $5,000,000, to 
carry out the purposes of 16 U.S.C. 1535, shall remain available 
until expended; and of which $6,811,000 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: Provided, That none of the funds 
provided herein may be used for the planning, implementation, or 
financing of agreements or arrangements with entities for the 
management of the Wynne complex on Matagorda Island, Texas, 
except for agreements or arrangements existing as of the date of 
enactment of this Act; and of which $1,500,000 shall remain avail-
able until expended for the development and installation of displays, 
exhibits, films, and other educationsd material for an ecological 
center, which will display the interdependency of fish and wildlife 
habitat upon each other and the need for informed public steward-
ship of these resources, including man's impact on freshwater and 
coastal streams, and which will be located on non-Federal land and 
be constructed by non-Federal participants. 
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; $31,834,000, to remain 
102 STAT. 1778 
PUBLIC LAW 100-446—SEPT. 27, 1988 
available until expended, of which $2,000,000 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, 
$57,529,000, to be derived from the Land and Water Conservation 
Fund, to remain available until expended: Provided, That of the 
funds provided to the United States Fish and Wildlife Service under 
the heading "(Construction and Anadromous Fish" in Public Law 
100-71, $1,200,000 shall be expended for the lease or purchase of 
water rights, from willing sellers, for the benefit of Stillwater 
Wildlife Management Area, Nevada: Provided further. That the 
lease or purchase shall be carried out pursuant to the statutory and 
procedural requirements of the laws of the State of Nevada, and the 
Secretary shall proceed with any such lease or purchase pursuant to 
this appropriation if and only if the Secretary receives certification 
from the State of Nevada that the transfer of water rights and 
associated change of use for the beneficial use of Stillwater Wildlife 
Management Area is approved by the State of Nevada. 
The Secretary may acquire lands and waters or interests therein 
subject to the interest of the State of California, including the public 
trust, in lands including submerged lands which are now or at any 
time have been below the highest high water mark of the Sac-
ramento River and/or its tributaries, in the event the boundary of 
said river has been artifically raised, or said lands are now or at any 
time have been below the ordinary high water mark of the Sac-
ramento River, if said river and/or its tributaries is in its natursd 
state; and further subject to any adverse claim based upon the 
assertion that (i) any portion of said lands is not now or has not at 
any time been below the highest high water mark of the Sacramento 
River and/or its tributaries, in the event the boundary of said river 
has been artificially raised, or is not now and has not at any time 
been below the ordinary high water mark, if said river and/or its 
' tributaries is in its natural state; (ii) some portion of said lands has 
been created by artificial means or has accreted to such portion so 
created; or (iii) some portion of said lands has been brought within 
the boundaries thereof by an avulsive movement of the Sacramento 
River and/or its tributaries, or has been formed by accretion to any 
such portion. 
NATIONAL WILDUFE REFUGE FUND 
For expenses necessary to implement the Act of October 17, 1978 
(16 U.S.C. 715s), $6,645,000. 
ADMINISTRATIVE PROVISIONS 
Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 160 
passenger motor vehicles, of which 153 are for replacement only 
(including 46 for police-t)rpe 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 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1779 
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 witn 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 sdrcraft: Provided further. That hereafter the Columbian 
White Tail Deer Refuge shall be known as the Julia Butler Hansen 
Refuge for the Columbian White Tail Deer. 
NATIONAL PARK SERVICE 
Gifts and 
property. 
National 
Wildlife Refuge 
System. 
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 
$442,000 for the Ro(^evelt 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, $744,835,000, without 
regard to the Act of August 24,1912, as amended (16 U.S.C. 451), of 
which not to exceed $52,200,000 to remain available until expended 
is to be derived from the special fee account established pursuant to 
title V, section 5201, of Public Law 100-203: Provided, That the 1
6 use 20b note. 
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 $85,000 shall 
be available to assist the town of Harpers Ferry, West Virginia, for 
police force use: Provided further. That funds appropriated to the 
National Park Service may be used for the purchase or hire of 
personnel services without regard to personnel laws as contained in 
title V of the United States Code, only to provide for the orderly 
transition from regional finance offices to a central finance office: 
Provided further. That of the funds provided herein, $250,000 is 
available for the National Institute for the Conservation of Cultural 
Property: Provided further. That no funds appropriated by this Act 
shall be available to remove, obstruct, dewater, fill, or otherwise 
damage the Brooks River fish ladder in the Katmai National Park, 
Alaska: Provided further. That where any Federal lands included 
1
6 use 273b 
within the boundary of the Park created by the Act of December 18, note. 
1971 (Public Law 92-207), were legally occupied or utilized on the 
date of approval of that Act for grazing purposes pursuant to a lease, 
permit, or license issued or authorized by any department, establish-
102 STAT. 1780 
PUBLIC LAW 100-446—SEPT. 27, 1988 
Animals. 
16 u s e 273b 
note. 
Environmental 
protection. 
Cultural 
programs. 
Grants. 
ment, or agency of the United States, the person or persons so 
occup3ring or utilizing such lands and the heirs of such person or 
persons shall at that time be entitled to renew said leases, permits, 
or licenses under such terms and conditions as the Secreta^ of the 
Interior may prescribe, for the lifetime of the permittee or any 
direct descendants (sons or daughters) bom on or before the enact-
ment of Public Law 92-207 (December 18, 1971). Such grazing 
activities shall be subject to the following conditions: 
(a) Grazing will be based on active preference that exists on the 
date of this Act and no increase in animal unit months will be 
allowed on Park lands. 
(b) No physical improvements for stock use will be established 
on National Park Service lands without the written concurrence of 
the Park Superintendent. 
(c) Nothing in this section shall apply to any lease, permit, or 
license for mining purposes or for public accommodations and serv-
ices or to any occupancy or utilization of lands for purely temporary 
purposes. 
(d) Nothing contained in this Act shall be construed as creating 
any vested right, title interest, or estate in or to any Federal lands. 
(e) The provisions of Public Law 97-341 are hereby repealed. 
(f) Grazing will be managed to encourage the protection of the 
Park's natural and cultural resources values. 
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, 
$14,608,000. 
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), $30,500,000 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 A^ociation, Public Law 99-239, the Fed-
erated States of Micronesia and the Republic of the Marshall Islands 
shall also be considered States 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 aiter 
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 
d^tribution 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 1989 shall include consideration of such 
factors as— 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1781 
(A) the number of lighthouses on or determined to be eligible 
for listing on the National Roister of Historic Places by March 
30,1989; 
(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 30,1989; 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 
ye£u:, nor more than 10 per centum of the total appropriations to 
the Fund in any two fiscal year period: Provide further. That 
only the light station structure, itself, shall be coimted in 
determining the number of properties in each State eligible to 
participate in the Fund: Provided further. That the Secretary 
shall sdlocate 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 Roister but owned by the 
Federal Government. 
CONSTRUCTION 
For construction, improvements, repair or replacement of physical 
facilities, without r^ard to the Act of August 24,1912, as amended 
(16 U.S.C. 451), $159,108,000, to remain available until expended, 
including $1,450,000 to carry out the provisions of sections 302, 303, 
and 304 of Public Law 95-290: Provided, That for payment of 
obligations incurred for continued construction of the Cumberland 
Gap Tunnel, as authorized by section 160 of Public Law 93-87, 
$47,000,000 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) 
The contract authority provided for fiscal year 1989 by 16 U.S.C. 1
6 use 460W0a 
4601-lOa is rescinded. 
note. 
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 wiUi statutory 
authority appUcable to the National Park Service, $72,609,000 to be 
derived from the Land and Water Conservation Fund, to remain 
available until expended, including $3,300,000 to administer the 
State Assistance pn^ram: Provided, That of the amounts previously 
appropriated to the Secretary's contingency fund for grants to 
States, $357,000 shall be available in 1989 for administrative ex-
penses of the State grant pn^ram: Provide further. That $3,000,000 
of the funds made available herein shall be available for land 
acquisition at (Dongaree Swamp National Monument, South Claro-
102 STAT. 1782 
PUBLIC LAW 100-446—SEPT. 27, 1988 
Una, subject to enactment of authorizing l^slation: Provided fur-
ther. That notwithstanding the provisions of Public Law 95-625, the 
Secretary may initiate condemnation with the consent of the owner 
of property, improved or unimproved, within the boundary or at a 
currently authorized administrative site of the New River Gorge 
National River, West Virginia. 
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 
For expenses necessary for operating and maintaining the 
nonperforming arts functions of the John P. Kennedy Center for the 
20 use 76/note. Performing Arts, $5,181,000: Provided, That contracts hereafter 
awarded for environmental systems, housekeeping, protection sys-
tems, and repair or renovation of buildings of the John F. Kennedy 
Center for the Performing Arts may be n^otiated with selected 
contractors and awarded on the basis of contractor qualifications as 
well as price. 
ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR 
COMMISSION 
For operation of the Illinois and Michigan Canal National Herit-
age Corridor Commission, $250,000. 
AMERICAN REVOLUTION BICENTENNIAL ADMINISTRATION 
For expenses necessary to pay awards resulting from claims by 
licensees against the American Revolution Bicentennial Adminis-
tration and its successors, $4,765,000: Provided, That pavment of 
awards shall occur no later than 30 days after enactment of this Act. 
NATIONAL FILM PRESERVATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the National Film Preservation Board 
National Film 
in the Library of Congress, $250,000: Provided, That the following 
Preservation Act m ^ be cited as the "National Film Preservation Act of 1988": 
of 1988. 
The Congress finds that— 
•
2 use 178 note. 
(1) motion pictures are an indigenous American art form that 
2 use 178. 
hag been emulated throughout the world; 
(2) certain motion pictures represent an enduring part of our 
Nation's historical and cultural heritage; and 
(3) it is appropriate and necessary for the Federal Govern-
ment to recognize motion pictures as a significant American art 
form deserving of protection. 
2 u s e 178a. 
SEC. 2. NATIONAL FILM REGISTRY. 
The Librarian of Congress (hereafter in this Act referred to as the 
"Librarian") shall establish a National Film R^istry pursuant to 
the provisions of this Act, for the purpose of rcsiistering films that 
are culturally, historically, or aesthetically signincant. 
2 u s e 178b. 
SEC. 3. DUTIES OF LIBRARIAN OF CONGRESS. 
(a) POWERS.—(1) The Librarian shall, after consultation with the 
BoJard established pursuant to section 8, and pursuant to the rule-
making procedures provided in subchapter II of chapter 5 of title 5, 
United States Code, known as the Adoiinistrative Procedures Act— 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1783 
(A) establish criteria for guidelines pursuant to which such 
films may be included in the National Film Registry, except 
that no fUm shall be eligible for inclusion in the National Film 
Rc^try until 10 years after such film's first theatrical release; 
C
B
) establish a procedure whereby the genei^ public may 
make recommendations to the Board r^arding the inclusion of 
films in such National Film R^istry; and 
(C) establish general guidelines so that film owners and 
distributors are able to determine whether a version of a film 
registered on the National Film R^istry which is in their 
possession has been materially altered. 
(2) In addition, the Librarian shall— 
(A) determine, from time to time, after consultation with the 
Board, which films satisfy the criteria developed pursuant to 
paragraph (IXA) and qualify to be included in the National Film 
R^istry, except that the Librarian shall not select more than 
25 films per year for inclusion in such R^istry; 
(B) convene, from time to time, a panel of experts, as provided 
in subsection 0>), solely to advise the Board on whether it is 
necessary to petition Congress to revise the definition of "mate-
rial alteration"; 
(C) provide a seal to indicate that the film has been included 
in the National Film R^istry as an enduring part of our 
national cultural heritage and such seal may then be used in 
the promotion of any version of such film that has not been 
materially altered; and 
(D) have published in the Federal Roister the name of each 
film that is selected for inclusion in the National Film R^istry. 
(3XA) The Librarian shall submit annual reports to the appro-
priate Committees of the Congress listing films included on the 
National Film Registry and describing the criteria used in determin-
ing why specific films were included in the National Film Registry. 
(B) Tlie first such report shall be submitted within 12 months 
after the date of enactment of this Act. 
(b) COMPOSITION OF PANEL.—The panel provided for in subsection 
(a)(2XB) shall be chosen by the Librarian. It shall be comprised of 
four persons, one representative each from the Motion Picture 
Association of America and the National Association of Broad-
casters, and one representative of the Directors Guild of America 
and one representative of the Screen Actors Guild of America. The 
Presidents of these four organizations shall recommend three nomi-
nees to serve on such panel. 
(c) APPEALS TO THE LIBRARIAN.—(1) The owner, exhibitor, or 
distributor of a film may appeal to the Librarian— 
(A) objecting to the Board's recommendation of such film for 
inclusion in the National Film R^istry; or 
(B) the determination that a version of a film which is 
included in the National Film R^;istry has been materially 
altered. 
(2) The Librarian shall refer such appeals to the Board for its 
recommendation. 
(c) REGISTRY COLLECTION.—^The Librarian shaU endeavor to obtain, 
by gift from the owner, an archival quality copy of an original 
version of each film included in the National Film R^istry. All 
films so received by the Librarian shall be maintained in a special 
collection in the LU)rary of Congress to be known as the "National 
Federal 
Register, 
publication. 
Reports. 
Gifts and 
property. 
102 STAT. 1784 
PUBLIC LAW 100-446—SEPT. 27, 1988 
Regulations. 
Film Board Collection". The Librarian shall, by r^^ation, provide 
for reasonable access to films in such collection. 
2 use 178c. 
SEC 4. LABELING REQUIREMENTS. 
(a) LABEL REQUIRED.—^Except as otherwise provided in this section, 
no person shall knowingly distribute or exhibit to the public a 
materially altered version of a film included in the Nationsd Film 
R^istry unless the version is labeled as required by this section. 
(b) EFFECTIVE DATE OF LABEL.—Except as provided in subsection 
(c), any labeling requirement established pursuant to this section 
shall be effective 45 days after publication in the Federad R^;ister 
indicating that a film has been selected for inclusion in the National 
Film Registry. 
(c) EXCEPTIONS.—With respect to films intended for home use 
through either retail purchase or rental, the provisions of subsection 
(b) shall apply, however no requirements imposed under this section 
shall apply to—-
(1) a film which has been packaged for distribution prior to 
the effective date of such requirement with respect to such film, 
except that the provisions of this paragraph shall not apply if 
the packaging has been accelerated in contemplation of imposi-
tion of such requirement; or 
(2) a retail distributor of films for home use, other than a 
manufacturer or packager, who has in good faith relied on 
compliance with the provisions of this Act by the manufacturer, 
wholesaler, or packager of a film. 
(d) REQUIREMENTS OF THE LABEL.—(IXA) A label for a materially 
altered version of a film, other than a colorized version, shall consist 
of a panel card immediately preceding the commencement of the 
film which bears the following statement: 
"This is a materially altered version of the film originally 
marketed and distributed to the public. It has been altered 
without the participation of the principal director, screenwriter, 
and other creators of the original film.". 
(B) Such a label shall appear in a conspicuous and l^ble type. 
(2XA) A label for a colorized version of a film shall consist of a 
panel card immediately preceding the commencement of the film 
which bears the following statement: 
"This is a colorized version of a film originally marketed and 
distributed to the public in black and white. It has been altered 
without the participation of the principal director, screenwriter, 
and other creators of the original film.". 
(B) Such a label shall appear in a conspicuous and l^ble type. 
(3XA) A IsJiel for a film package of a materially altered film, other 
than a colorized version, shall consist of— 
(i) an area of a rectangle on the front of the package which 
bears the following statement: 
"This is a materially altered version of the film originally 
marketed and distributed to the public. It has been altered 
without the participation of the principal director, screenwriter, 
and other creators of the original film."; and 
(ii) an area of a rectangle on the side of the package which 
bears the following statement: 
'"niis is a materially altered version of the film originally 
marketed and distributed to the public. See front panel.". 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1785 
(B) Such labels shall appear in a conspicuous and legible type in 
contrast by typography, layout, or color with other printed matter 
on the package. 
(4XA) A label for a film package of a colorized version of a film 
shall consist o
f
— 
(i) an area of a rectangle on the front of the package which 
bears the following statement: 
"This is a colorized version of a film originally marketed and 
distributed to the public in black and white. It has been altered 
without the participation of the principal director, screenwriter, 
and other creators of the original film.'; and 
(ii) an area of a rectangle on the side of the package which 
bears the following statement: 
"This is a colorized version of original work. See front panel.". 
(B) Such labels shall appear in a conspicuous and legible type in 
contrast by typography, layout, or color with other printed matter 
on the package. 
SEC. 5. MISUSE OF SEAL. 
2 USC 178d. 
No person shall knowingly distribute or exhibit to the public a 
version of a film which bears a seal as described by section 3(aX2XC) 
of this Act if such film— 
(1) is not included in the National Film Registry; or 
(2) is included in the National Film Registry, but such version 
h£is been materially altered. 
SEC. 6. REMEDIES. 
2 USC 178e. 
(a) JURISDICTION AND STANDING.—The several district courts of the Courts, U.S. 
United States shall have jurisdiction, for cause shown, to prevent 
and restrain violations of sections 4 and 5 of this Act upon tlie 
application of the Librarian to the Attorney General of the United 
States acting through the several United States Attorneys in their 
several districts. 
(b) RELIEF.—(1) Except as provided in paragraph (2), relief shall be 
limited to the prospective inclusion or application of, or removal of, 
a label as appropriate. 
(2) In the case in which the Librarian finds a pattern or practice of 
the willful violation of this Act, the United States District Courts 
may order civil fines of not more than $10,000 and appropriate 
injunctive relief. 
SEC. 7. LIMITATIONS OF REMEDIES. 
(a) The remedies provided in section 6 shall be the exclusive 
remedies under this Act or any other Federal or State law, regard-
ing the use of a seal as described by section 3(aX2XC) or labeling of 
materially altered films. 
(b) No remedies under section 6 of this title shall be available with 
respect to any film which is exempted from the labeling require-
ments of this Act pursuant to section 4(c). 
SEC. 8. NATIONAL FILM PRESERVATION BOARD. 
2 USC 178g. 
(a) NUMBER AND APPOINTMENT.—(1) The Librarian shall establish 
in the Library of Congress a National Film Preservation Board to be 
comprised of thirteen members, selected by the Librarian in accord-
ance with the provisions of this paragraph. Each organization listed 
in subparagraphs (A) through (M) sh^l submit a list of not less than 
3 qualified candidates to the Librarian. The Librarian shall appoint 
Law 
enforcement and 
2 USC 178f. 
102 STAT. 1786 
PUBLIC LAW 100-446—SEPT. 27, 1988 
one member from each such list submitted by the following 
organizations, and shall designate from that list an alternate who 
may attend those meetings to which the individual appointed to the 
Board cannot attend: 
(A) the Academy of Motion Picture Arts and Sciences; 
(B) the Directors Guild of America; 
(C) the Writers Guild of America; 
(D) the National Society of Film Critics; 
(E) the Society for Cinema Studies; 
(F) the American Film Institute; 
(G) the Department of Theatre, Film and Television, College 
of Fine Arts at the University of California, Los Angeles; 
(H) the Department of Cinema Studies in the Graduate School 
of Arts and Science at New York University; 
(I) the University Film and Video Association; 
(J) the Motion Picture Association of America; 
(K) the Nationed Association of Broadcasters; 
(L) the Association of Motion Picture and Television Produc-
ers; and 
(M) the Screen Actors Guild of America. 
(2) Before the Librarian selects nominees for such Board, such 
Librarian shall request that each of the entities listed in paragraph 
(1) who do not currently have a nominee on such Board nominate 
three individuals to serve on such Board. No individual may serve 
on the Board for more than one term and each entity shall be 
represented a comparable number of times. 
(b) CHAIRPERSON.—The Librarian shall appoint one member to 
serve as Chairperson. 
(c) TERM OF OFFICE.—(1) The term of each member of the Board 
shall be 3 years. 
(2) A vacancy in the Board shall be filled in the manner prescribed 
by the Librarian, except that no entity listed in subsection (a) may 
have more than one nominee on the Board at any one time. Appoint-
ments may be made under this subsection without regard to section 
5311(b) of title 5, United States Code. Any member appointed to fill a 
vacancy before the expiration of the term for which his predecessor 
was appointed shall be appointed only for the remainder of such 
term. 
(d) QUORUM.—Seven members of the Board shall constitute a 
quorum but a lesser number may hold hearings. 
(e) BASIC PAY.—Members of the Board shall serve without pay. 
While away from their homes or regular places of business in the 
performance of services for the Board, members of the Board shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
in the same manner as persons employed intermittently in Govern-
ment service are allowed expenses under section 5703 of title 5 of 
the United States Code. 
(f) MEETINGS.—The Board shall meet at least twice each calendar 
year and the first such meeting shall be within 120 days after the 
effective date of this Act. Meetings shall be at the call of the 
Chairperson or a majority of its members. 
(g) CoNFUCT OF INTERESTS.—The Librarian shall establish rules 
and procedures to address any potential conflict of interest between 
a member of the Board and responsibilities of the Board. 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1787 
SEC. 9. STAFF OF BOARD; EXPERTS AND CONSULTANTS. 
2 USC 178h. 
(a) STAFF.—The Chairperson of the Board may appoint and fix the 
pay of such personnel as the Chairperson considers appropriate. 
(b) APPLICABIUTY OF CERTAIN CIVIL SERVICE LAWS.—The staff of 
the Board may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and may be paid without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of such title relating to classi-
fication and General Schedule pay rates, except that no individual 
so appointed may receive pay in excess of the annual rate of basic 
pay payable for GS-16 of the General Schedule. 
(c) EXPERTS AND CONSULTANTS.—The Chairperson of the Board 
may procure temporary and intermittent services under section 
3109(b) of title 5, United States Code, but at rates for individuals not 
to exceed the daily equivalent of the maximum rate of basic pay 
payable for GS-15 of the General Schedule, and in no case may a 
Board member be paid £is an expert or consultant. 
SEC. 10. POWERS OF BOARD. 
2 USC 178i. 
(a) IN GENERAL.—The Board 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 Board consid-
ers appropriate. The Board shall review nominations of films 
submitted to it for inclusion in the National Film Registry and 
consult with the Librarian with respect to the inclusion in the 
Registry, and with respect to the powers defined in section 3. 
(b) NOMINATION OF FILMS.—The Board shall consider, for inclusion 
in the National Film Registry, nominations submitted by represent-
atives of the film industry, such as the guilds and societies rep-
resenting actors, directors, screenwriters, producers, and film crit-
ics, film preservation organizations and representatives of academic 
institutions with film study programs. The Board shall not nominate 
more than 25 films a year for inclusion in the Registry. 
SEC. 11. DEFINITIONS. 
2 USC 178j. 
(a) DEFINITIONS FOR SECTIONS 1 THROUGH 13.—As used in sections 
1 through 13: 
(1) The term "Librarian" means the Librarian of Congress. 
(2) The term "film" means a feature-length, theatrical motion 
picture after its first theatrical release. 
(3) The term "film package" means the original box, carton or 
container of any kind in which a videotape or disc is offered for 
sale or rental. 
(4) The term "Board" means the National Film Preservation 
, Board. 
(5) The term "material alteration" means to colorize or to 
make other fundamental post-production changes in a version 
of a film for marketing purposes but does not include changes 
made in accordance with customary practices and standards 
and reasonable requirements of preparing a work for distribu-
tion or broadcast. 
(6) The term "to colorize" means to add color, by whatever 
means, to versions of motion pictures originally produced, mar-
keted, or distributed in black and white. 
(7) The term "colorization" means the process whereby a film 
is colorized. 
102 STAT. 1788 
PUBLIC LAW 100-446—SEPT. 27, 1988 
0>) EXCLUSION FROM DEFINITION OP "MATERIAL ALTERATION".— 
Excluded from the definition of "material alteration" are practices 
such as the insertion of commercials and public service announce-
ments for television broadcast. 
2 u s e 178k. 
SEC 12. AUTHORIZATION OF APPROPRIATIONS. 
To carry out the purposes of this Act, there are authorized to be 
appropriated to the Librarian of Congress, such sums as may be 
necessary to carry out the purposes of this Act, but in no fiscal year 
shall such sum exceed $250,000. 
2 use 178Z. 
SEC. 13. EFFECTIVE DATE. 
The provisions of this Act shall be effective for three years 
b^inning on the date of enactment of this Act. The provisions of 
this Act shall not apply to any copy of a film materially altered 
prior to such effective date if such copy of such film is owned by an 
individual for his personal use, in the inventory of the manufacturer 
or packager of a videocassette or already distributed to retail or 
wholesale distributors of videocassettes. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the National Park Service shall be available 
for the purchase of not to exceed 360 passenger motor vehicles, of 
which 290 shall be for replacement only, including not to exceed 290 
for police-type use and 26 buses; to provide, notwithstanding any 
other provision of law, at a cost not exceeding $100,000, transpor-
tation for children in nearby communities to and from any unit of 
the National Park System used in connection with organized recre-
ation and interpretive programs of the National Park Service; op-
tions for the purchase of land at not to exceed $1 for each option; 
and for the procurement and deliveiy of medical services withm the 
jurisdiction of units of the National Park System: Provided, That no 
funds available to the National Park Service may be used, unless 
the proposed transfer is approved in advance by the House and 
Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in House Report 99-714, to 
maintain law and order in emeigenc^ 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 National Park Service may be used to add 
industrial facilities to the list of National Historic I^dmarks with-
out 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, ThaX notwithstanding anv other provision of law, 
the National Park Service may recover unbudgeted costs of provid-
ing necessaxy services associated with special use permits, such 
reimbursements to be credited to the appropriation current at that 
Reports. 
time: Provided fiirther. 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 shaU not be 
implemented prior to the expiration of 30 calendar days (not includ-
PUBLIC LAW 100-446-SEPT. 27, 1988 
102 STAT. 1789 
ing 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 Representa-
tives 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 circumstsmces relied upon in support of the 
proposed project. 
No funds shall be available for the National Park Service to issue 
any construction permit for the Potomac Greens interchange on the 
Greorge Washington Memorial Parkway unless an Environmental 
Impact Statement is conducted. The Environmental Impact State-
ment shall be commenced promptly and completed and filed within 
eighteen months of the date on which Public Law 100-202 was 
enacted. After completion and filing, the Environmental Impact 
Statement shall be transmitted to the appropriate Congressional 
Committees for a period of 60 days, during which time the National 
Park Service shall not issue any construction permit for the Poto-
mac Greens interchange on the George Washington Memorial Park-
way. 
The Environmental Impact Statement shall review the traffic 
impact of only the 
proposed 38-acre development 
opposite 
Daingerfield Island west of the George Washington Memorial Park-
way: Provided, That the National Park Service shall review the 
impact of the planned development on the visual, recreational and 
historical integrity of the Parkway. 
The Environmental Impact Statement shall also provide an 
evaluation of alternative acquisition strategies to include but not be 
limited to appraisal estimates for the access rights, the entire 38-
acre parcel, that portion of the 38-acre parcel as 
defined 
approximately by the historic district boundary line, and any 
other recommendations by the National Park Service to mitigate 
the Parkway degradation effects of the proposed development so as 
to adequately protect and preserve the Parkway. Such appraisals 
shall be prepared and filed as soon as is reasonably possible. The 
National Park Service solely shall determine the legal and factual 
sufficiency of the Environmental Impact Statement and its compli-
ance with the Nationsd Environmental Policy Act of 1969. 
The Environmental Impact Statement shall be separate from, 
independent of, and in no way intended to affect or modify any 
pending litigation. Notwithstanding any ether provision of law, no 
court shall have jurisdiction to consider questions respecting the 
factual and legal sufficiency of the Environmental Impact State-
ment under the National Environmental Policy Act of 1969. 
None of the funds in this Act may be used to issue a permit for 
seismic exploration of Big Cypress National Preserve, Florida, until 
an environmental impact statement has been completed: Provided, 
That such statement shall be completed within two years of the date 
of enactment of this Act. 
None of the funds provided in this Act shall be available for an 
appeal to the February 26, 1988, special rate pay approved by the 
Office of Personnel Management for the United States Park Police. 
The Director of the National Park Service shall administer a 
fellowshdp program, within available funds, to improve mutual 
understanding and cooperation between Service employees, and 
Members and Committees of Congress. The program is dedicated to 
the memory of Pietro Antonio (Tony) Bevinetto, and Service em-
Fellowships and 
scholarships. 
Pietro Antonio 
Bevinetto. 
Government 
organization 
and employees. 
102 STAT. 1790 
PUBLIC LAW 100-446—SEPT. 27, 1988 
ployees participating in the program shall be known as "Bevinetto 
Fellows". 
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 
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; up 
to $500,000 for a 50 percent cost-shared scientific project for test and 
observation wells near Kohala, Hawaii: Provided, That upon enact-
ment of this Act and hereafter, final costs related to the National 
Petroleum Reserve in Alaska may be paid from available prior year 
balances in this account, and $451,006,000, of which $58,800,000 
shall be available only for cooperation with States or municipalities 
43 use 50. 
for water resources investigations: Provided further, That no part of 
this appropriation shall be used to pay more than one-half the cost 
of any topographic mapping or water resources investigations car-
ried 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 19 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 
Contracts. 
compacts: Provided, That activities funded by appropriations herein 
Grants. 
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, g£is, 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; $170,744,000, of which not less than 
$35,000 shall be used by the Secretary to enter into a cooperative 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1791 
agreement with the State of Louisiana to carry out or conduct audit 
activities on any lease or portion of a lease subject only to section 
8(g) of the Outer Continental Shelf Lands Act of 1953, as amended 
(43 U.S.C. 1337(g)): Provided, That notwithstanding the provisions of Contracts. 
sections 201 of the Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1731), sections 202 through 206 of that Act (30 U.S.C. 
1732-1736) shall apply to any lease or portion of a lease subject to 
section 8(g) of the Outer Continental Shelf Lands Act: Provided 
further, That for purposes of those provisions and for no other 
purposes, such lease or portion of a lease shall be regarded as within 
the coastal State or States entitled to receive revenues from it under 
section 8(g), and of which not less than $52,302,000 shall be available 
for royalty management activities including general administration: 
Provided further, That notwithstanding any other provision of law, 
funds appropriated under this Act shall be available for the pay-
ment of interest in accordsmce 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, $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. 
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, $159,292,000, of which $91,010,000 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. 
ADMINISTRATIVE PROVISIONS 
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, or private: Provided, That the Bureau of Mines is authorized. Chemicals. 
during the current fisceil year, to sell directly or through any 
Minerals and 
Grovemment agency, including corporations, any metal or mineral 
mining. 
product that may be manufactured in pilot plants operated by the 
Bureau of Mines, and the proceeds of such sales shall be covered into 
the Treasury as miscellaneous receipts. 
102 STAT. 1792 
PUBLIC LAW 100-446—SEPT. 27, 1988 
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; $101,095,000, 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 1989: 
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 
1989 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 
to any State or Federal program. 
ABANDONED MINE RECLAMATION FUND 
For necessary expenses to carry out the provisions of title IV of 
the Surface Mining Control and Reclamation Act of 1977, Public 
Law 95-87, including the purchase of not more than 21 passenger 
motor vehicles, of which 15 shall be for replacement only, 
$193,160,000 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 
who control the applicants) applying for or receiving such permits 
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. 
126(Kc)), or failure to abate cessation orders, outstanding civil pen-
alties associated with such failure to abate cessation orders, or 
State and local 
uncontested past due Abandoned Mine Land fees: Provided further, 
governments. 
That the Secretary of the Interior may deny 50 per centum of an 
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-
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1793 
quately the enforcement provisions of the approved State regulator^' 
program. Funds will be denied until such time as the State emd 
Office of Surface 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(gX3) 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 Reclamation Program at the Wilkes-
Barre Field Office: Provided further, That notwithstanding any 30USC1211 
other provisions of law, appropriations for the Office of Surface "ote. 
Mining Reclamation and Enforcement may, hereafter, provide for 
the travel and per diem expenses of State and tribal personnel 
attending OSMRE sponsored training: Provided further. That the 
Secretary shall conduct a thorough accounting and reconciliation of 
the Abandoned Mine Reclamation Fund, under title IV of the 
Surface Mining Control and Reclamation Act of 1977, for the period 
from fiscal year 1977 through fiscal year 1988. This accounting and 
reconciliation shall determine, by State, the source of all contribu-
tions to the fund and shall denote all fund disbursements by purpose 
and fiscal year including letter of credit grants to States. 
Funds authorized as grants to States shall be reconciled according 
to— 
(1) the Surface Mining Control and Reclamation Act of 1977, 
including the 50 percent State share; and 
(2) the formula for allocation of the discretionary share as 
expressed by the Office of Surface Mining Reclamation and 
Enforcement during each relevant fiscal year under review. 
The findings of the Secretary shall be transmitted to the Commit-
tees on Appropriations by May 1, 1989. Such information shall not 
be used to amend or revise State allocations during fiscal year 1989. 
BUREAU OF 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 £md 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 emd 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 authonzed by 
law; for the general administration of the Bureau of Indiein Affairs, 
including such expenses in field offices, $992,767,000, of which not to 
102 STAT. 1794 
PUBLIC LAW 100-446—SEPT. 27, 1988 
exceed $71,004,000 for higher education scholarships, adult voca-
tional training, and assistance to public schools under the Act of 
April 16,1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall 
remain available for obligation until September 30, 1990, and of 
which $25,000,000 for firefighting and repayment to other appro-
priations from which funds were transferred under the authority of 
section 102 of the Department of the Interior and Related Agencies 
Appropriations Act, 1988, shall remain available until expended, 
and the funds made available to tribes and tribal organizations 
through contracts authorized by the Indian Self-Determination and 
Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) 
shall remain available until September 30, 1990: 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 
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)), $1,997,000, 
to remain avedlable until expended: Provided further. Thai none of 
the funds appropriated to the Bureau of Indian AfTairs shall be 
expended as matching funds for programs funded under section 
103(bX2) of the Carl D. Perkins Vocational Education Act: Provided 
further. That $250,000 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 no part of any 
appropriations to the Bureau of Indian Affairs shall be available to 
provide general assistance pa3rments for Alaska Natives in the State 
of Alaska unless and until otherwise specifically provided for by 
Congress: Provided further. That the Secretary shall take no action 
to close the school or dispose of the property of the Phoenix Indian 
School until the Congress has specincsdly approved the school clo-
sure or provided for disposition of the property in legislation: Pro-
vided 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 Indian trust 
funds until the funds held in trust for such tribe or individual have 
been audited and reconciled, and the tribe or individual has been 
provided with an accounting of such funds, and the appropriate 
committees of the Congress and the tribes have been consulted with 
as to the terms of the proposed contract or agreement: Provided 
further. That none of the funds in this Act shall be used to imple-
ment any regulations, or amendments to or revisions of regulations, 
relating to the Bureau of Indian Affairs' higher education grant 
program that were not in effect on March 1, 1987: Provided further. 
That $230,000 of the amounts provided for education program 
management shall be available for a grant to the Close Up Founda-
tion: Provided further. That if the actual amounts required in this 
account for costs of the Federal Employee Retirement System in 
fiscal year 1989 are less than amounts estimated in budget docu-
ments, such excess funds may be transferred to "Construction" and 
"Miscellaneous Pajmtients to Indians" to cover the costs of the 
retirement system in those accounts: Provided further. That not-
withstanding any other provision of law, concurrent with the open-
ing of the Western Cheyenne River (Donsolidated School the follow-
ing schools shall be permanently closed: Bridger Day School (Howes, 
SD); Cherry Creek Day School (Cherry Creek, SD); and the Red 
Scaffold School (Faith, SD): Provided further. That subsection (b) of 
section 5 of the Cow Creek Band of Umpqua Tribe of Indians 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1795 
Recognition Act (25 U.S.C. 712c) is amended by striking out "Indian 
individuals" and insertii^ in lieu thereof "Cow Creek descendants 
or other Indian individuals":/VDi;u2e(f further. That notwithstanding 25 U
S
C 452 note. 
any other provision of law, the amounts avidlable for assistance to 
public schools under the Act of April 16, 1934 (48 Stat. 596), as 
amended (25 U.S.C. 452 et seq.), shall be d^tributed on the basis of 
the formula recommended by the Assistant Secretary of Indism 
Affairs in a letter to the Committees on Appropriations dated June 
27, 1988, except that for the fiscal year ending September 30, 1989, 
the minimum weight factor shall be 1.1 rather than 1.3 and for the 
fiscal year ending September 30, 1990, the minimum weight factor 
shall be 1.2 rather than 1.3: 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 partici-
pate and succeed in Job Corps training, the Bureau shall pay 
general assistance support for the dependent children at the fiill 
Stete AFDC A-2 grant level: Provided further. That notwithstand-
ing any other provision of law, any portion of the funds appropriated 
under the authority of Public Law 93-530 not yet obligated, but not 
to exceed $700,000, shall be transferred by the Secretary of the 
Interior to the governing body of the San CSarlos Apache Tribe 
(hereafter referr^ to as the "Tribe") by no later than the date that 
is sixty days after the date of enactment of this Act. Amounts 
transferred to the Tribe under this proviso shall be used for eco-
nomic development purposes in accordance with the plan which was 
adopted by the governing body of the Tribe on April 12, 1988, and 
any amendment thereto which has been approved by the Secretary 
of the Interior. The Tribe may expend the amounts transferred 
under this proviso for the purposes authorized without the prior 
approval of the Secretary of the Interior. None of the funds trans-
ferred to the Tribe may be used to make per capite payments to the 
members of the Tribe: Provided further. That notwithstanding any 
other provision of law, the funds transferred by this Act to the San 
Carlos Apache Tribe may be treated as non-Federal, private funds of 
the Tribe for purposes of any provision of Federal law which re-
quires that non-Federsd or private funds be used in a project or for a 
specific purpose: Provided further. That the FedewJ Government 
shall have no further obligation to appropriate funds for the pur-
poses indenti&ed in Public Law 93-530. 
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; and 
construction, repair, and improvement of Indian housing, 
$79,283,000, to remain available until expended: Provided, That 
$1,449,000 of the funds appropriated for use by the Secretary to 
construct homes and related facilities for the Navsgo and Hopi 
Indian Relocation Commission in lieu of construction by the 
Commission under section 15(dX3) of the Act of December 22, 1974 
(88 Stet. 1719; 25 U.S.C. 640d-14(dX3)), may be used for counseling, 
archeological clearances, and administration related to the reloca-
tion of Navsgo families: Provided further. That $1,100,000 of the 
funds made available in this Act shall be available for rehabilitation 
of tribally owned fish hateheries and related facilities: Provided 
102 STAT. 1796 
PUBLIC LAW 100-446—SEPT. 27, 1988 
further. That such amounts as m ^ be available for the construction 
of the Navajo Indian Irrigation Project may be transferred to the 
Bureau of Reclamation. 
ROAD CONSTRUCTION 
Not to exceed 5 per centum of contract authority available to the 
Bureau of Indian Affairs from the Federal Highway Trust Fund 
may be used to cover roads program management costs and 
construction supervision costs of the Bureau of Indian Affairs. 
MISCELLANEOUS PAYMENTS TO INDIANS 
For miscellaneous payments to Indian tribes and individuals 
pursuant to Public Laws 98-500, 99-264, and 99-503, including funds 
for necessary administrative expenses, $13,952,000, to remain avail-
able until expended, of which not to exceed $11,300,000 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. 
REVOLVING FUND FOR LOANS 
During fiscal year 1989, and within the resources and authority 
available, gross obligations for the principal amount of direct lostns 
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 pajmient 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.), $3,370,000, to 
remain available until expended: Provided, That during fiscal year 
1989, 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 De guaranteed, 
shall not exceed resources and authority available. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Indian Affairs (except the 
revolving fimd for loans and the Indian loan guarantee and insur-
ance fund) shall be available for expenses of exhibits, and purchase 
of not to exceed 150 passenger canying motor vehicles, of which not 
to exceed 115 shall be for replacement only. 
TERRITORIAL AND INTERNATIONAL AFFAIRS 
ADMINISTRATION OF TERRITORIES 
For expenses necessaiy for the administration of territories under 
the jurisdiction of the Department of the Interior, $92,767,000, of 
which (1) $89,741,000 shall be available until expended for technical 
assistance; late charges and payments of the annual interest rate 
differential required by the Federal Financing Bank, under terms of 
the second refinancing of em existing loan to the Guam Power 
Authority, as authorized by law (Public Law 98-454; 98 Stet. 1732); 
-.'rV* 
<*4s»^-
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1797 
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 current local reve-
nues, for support of governmental functions; construction grants to 
the Government of the Virgin Islands as authorized by Public Law 
97-357 (96 Stat. 1709); 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) 
$3,026,000 for salaries and expenses of the Office of Territorial and 
International Affairs: Provided, That the territorial and local 48 use I40if, 
governments herein provided for are authorized to make purchases 1423/, 1665. 
through the GeneraJ Services Administration: Provided further, 
That all financial transactions of the territorial and local 48 use I469b. 
governments herein provided for, including such transactions of 
all agencies or instrumentalities established or utilized by such 
governments, shall be audited by the General Accounting Office, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further. That Northern Mariana Islands Covenant 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 $710,000 of 
the amounts provided for technical assistance shall be available for 
a grant to the Close Up Foundation. 
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; $28,434,000 including 
$10,304,000 for pajrment of claims pursuant to the Micronesian 
Claims Act of 1971, to remain available until expended: Provided, 
That all financial transactions of the Trust Territory, including such 48 use 1683. 
transactions of all agencies or instrumentalities established or uti-
lized by such Trust Territory, shall be audited by the General 
Accounting Office in accordance with chapter 35 of title 31, United 
States Codfe: Provided further. That the government of the Trust 48 use 1682. 
Territory of the Pacific Islands is authorized to make purchases 
through the General Services Administration: Provided further. 
That all Government operations funds appropriated and obligated 
for the Republic of Palau under this account for fiscal year 1989, 
shall be credited as an offset £igainst fiscal year 1989 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, 1989: Provided further. That any unobligated 
balances for Palau government operations which remain available 
on the date of Compact implementation shall be used by the Depart-
ment of the Interior to reduce the accumulated deficit of the Trust 
Territory Government. 
102 STAT. 1798 
PUBLIC LAW 100-446—SEPT. 27, 1988 
COMPACT OF FREE ASSOCIATION 
For economic assistance and necessary expenses for the Federated 
States of Micronesia and the Republic of the Marshsdl Islands as 
provided for in sections 122, 221, 223,232, and 233 of the Compact of 
Free Association, $32,360,000, including $2,500,000 for the Enjebi 
Community Trust Fimd, to remain available until expended, as 
Effective date, 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 fVee Association, Public Law 99-658, shall 
be the efTective date of the Palau Compact as determined pursuant 
to section 101(d) of Public Law 99-658: Provided further, That in full 
satisfaction of the obligation of the United States to provide funds to 
assist in the resettlement and rehabilitation of Bikini Atoll by the 
People of Bikini, to which the full faith and credit of the United 
States is pledged pursuant to section 103(1) of Public Law 99-239, the 
United States shall deposit $90,000,000 into the Resettlement Trust 
Fund for the People of Bikini established pursuant to Public Law 
97-257, and governed pursuant to the terms of such trust in-
strument, such deposit to be installments of $5,000,000 on October 1, 
1988; $22,000,000 on October 1,1989; $21,000,000 on October 1,1990; 
$21,000,000 on October 1, 1991; and $21,000,000 on October 1, 1992: 
Provided further. That the terms of such Resettlement Trust Fund 
are hereby modified to provide that corpus and income may be 
expended for rehabilitation and resettlement of Bikini Atoll, except 
that the Secretary may approve expenditures not to exceed 
$2,000,000 in any year from income for projects on Kili or Ejit: 
Reports. Provided further. That one year prior to completion of the re-
habilitation and resettlement pn^^ram, the Secretary of the Interior 
shall report to Congress on ftiture funding needs on Bikini Atoll. 
Unless otherwise determined by Congress, following completion of 
the rehabilitation and resettlement pn^ram, funds remaining in 
the Resettlement Trust Fund in excess of the amount identified by 
the Secretsuy as required for future funding needs shall be deposited 
in the United States Treasury as miscellaneous receipts. Upon 
completion of those needs, the Resettlement Trust Fund shaU be 
extinguished and all remaining funds shall be di^x>sited in the 
United States Treasury as miscellaneous receipts. The payment and 
use of funds in accordance herewith is for the sole purpose of 
implementing and fiilfilling the terms of the Section 177 Agreement 
referred to in section 462(d) of the Compact of Free A^ociation 
between the United States and the Republic of the Marshall Islands, 
including Article VI, section 1, and Articles X and XII, thereof. 
Payments pursuant hereto shall be made only upon: One, voluntary 
dismissal with prejudice of Juda et al. v. the United States, No. 
88-1206 (Fed. Ca.)\ and two, submission of written notice to the 
United States and the RepubUc of the Marshall Islands, executed by 
duly-authorized representatives acting on their behalf, that the 
People of Bikini accept the obligations and undertaking of the 
United States to make the payments prescribed by this Act, t(^ether 
with t^e other payments, rights, entitlements and benefits provided 
for under the Section 177 Agreement, as full satisfaction of all 
claims of the People of Bikini related in any way to the United 
States nuclear testing program in accordance with the terms of the 
Section 177 Agreement. 
PUBLIC LAW 100-446—SEPT. 27, 1988 
DEPARTMENTAL OFFICES 
OFFICE OF THE SECRETARY 
102 STAT. 1799 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary of the 
Interior, $49,067,000, of which not to exceed $10,000 may be for 
ofGcial reception and representation expenses: Provided, That the 
Nationsd Park Service shall reissue a Notice of Proposed Rule-
making on the mandatory use of seatbelts while traveling on Na-
tional Park Service roads within 30 days after the date of enactment 
of this Act. 
OFFICE OF THE SOUCITOR 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Solicitor, $24,686,000. 
OFFICE OF INSPECTOR GENERAL 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General, 
$18,749,000. 
CONSTRUCTION MANAGEMENT 
For necessary expenses of the Office of Construction Management, 
$1,800,000. 
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 
the Secretary", "Office of the Solicitor", and "Office of Inspector 
Greneral" may be augmented through the Working Capital Fund or 
the Consolidated Working Fund. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
SEC 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the 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 rsmge fires on or 
threatening lands under the jurisdiction of the Department of the 
Gifts and 
property. 
Public buildings 
and grounds. 
102 STAT. 1800 
PUBLIC LAW 100-446—SEPT. 27, 1988 
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 the prevention, suppres-
sion, and control of actual or potential grasshopper and Mormon 
Cricket outbreaks on lands under the jurisdiction of the Secretary, 
P
ursuant to the authority in section 1773(b) of Public Law 99-198 (99 
tat. 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 Enforce-
ment, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not canying 
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 agen-
cies for destruction of vehicles, aircraft, or other equipment in 
connection with their use for fire suppression purposes, such re-
imbursement 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. 
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: Provided, That no funds available to the Department of 
the Interior are available for any expenses of the Great Hall of 
Commerce. 
SEC. 105. Appropriations available to the Department of the In-
terior for salaries emd 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 Creneral 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: Provide That no funds made available by this or any 
other Act shall be expended to exchange lands located within the 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1801 
boundaries of the Lake Mead National Recreation Area in Nevada 
in township 32 south, range 22 west. Mount Diablo Meridian. 
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 detail is in accordance with 
Office of Personnel Management regulations. 
SEC. 110. No funds provided in tms 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 
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. 
SEC. 112. No funds provided in this title may be expended by the 
Department of the Interior for the preparation for, or conduct of, 
preleasing and leasing activities (including but not limited to: calls 
for information, tract selection, 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 Department 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 dia-
gram 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. 113. Notwithstanding any other provision of this Act, nothing 
in this Act shall be construed to prohibit the approval of permits for 
the acquisition of geologic and geophysical data in Outer Continen-
tal Shelf areas, except that exploratory drilling shsdl not be per-
mitted by this provision in lands within the Eastern Gulf of Mexico 
Planning Area which lie south of 26 degrees North latitude and east 
102 STAT. 1802 
PUBLIC LAW 100-446—SEPT. 27, 1988 
Nevada. 
Housing. 
Aged persons. 
Minerals and 
mining. 
48 u s e 1681 
note. 
Grants. 
Marshall 
Islands. 
Contracts. 
Loans. 
Guam. 
Water. 
Utilities; 
Louisiana. 
Contracts. 
Water. 
of 86 degrees West longitude and for areas identified as the North-
em California Planning Area and the Georges Bank-North Atlantic 
Planning Area out to 400 meters. 
SEC. 114. Notwithstanding any other provision of law, and subject 
to valid existing rights, the Secretary of the Interior shall transfer 
to the Housing Authority, Clark County, Nevada, without consider-
ation, all rights, title, and interest of the United States, in and to the 
land described as township 21 south, range 60 east. Mount Diablo 
Meridian, section 24, north half southwest quarter, Clark County 
Nevada, for use only as a mobile home park for low income senior 
citizens, reserving to the United States all minerals under ap-
plicable law and such regulations as the Secretary of the Interior 
may prescribe, and as required by the Act of August 30, 1890 (43 
U.S.C. 945), a right-of-way thereon for ditches or canals constructed 
by the authority of the United States: Provided, That if such land 
ceases to be used as a mobile home park for low income senior 
citizens, aU rights, title, and interest in and to such land shall revert 
to the United States. 
SEC. 115. Section 103(hX2) of the Compact of Free Association Act 
of 1985 (99 Stat. 1783, 48 U.S.C. 1681) is amended as follows: after 
the word "firm" insert "or by a grant to the Grovernment of the 
Republic of the Marshall Islands which may further contract only 
with a United States firm or a Republic of the Marshall Islands 
firm, the owners, officers and majority of the employees of which are 
citizens of the United States or the Republic of the Marshall Is-
lands"; and, after the word "Bikini" insert ", Rongelap, Utrik,". 
SEC. 116. The Secretary of the Interior is authorized to guarantee 
a loan by the Federal Financing Bank to the Government of Guam, 
in amounts not to exceed $53,000,000, for water system improve-
ments on Guam: Provided, That the conditions on such loan shall 
include but not be limited to the following: the Government of 
Guam shall place water rate-making authority in an independent 
public utility commission; a source of revenue for payment of the 
loan shall he identified, with such revenues placed in an escrow 
account in sufficient amounts to insure timely pajnnent; and, should 
the Government of Guam default on the loan, the Secretary of the 
Interior shall deduct such sums as are in arrears from sums nor-
mally paid to the Grovemment of Guam under section 1(c) of Public 
Law 95-348. 
SEC. 117. Within currently available funds, the Secretary of the 
Interior is directed immediately to appoint and compensate an 
independent third party factfinder mutually agreed upon by the 
Secretary and the Governor of Louisiana, to make all appropriate 
factual findings relating to past drainage on State and Federal 
leases occurring along the boundary of the State of Louisiana and 
Federal waters. Such factual findings shall include— 
(a) whether drainage of either United States or State hydro-
carbons has occurred during the time period starting April 7, 
1986 and ending on the date the factfinding proceeding is 
completed; 
(b) the areas or reservoirs from which the drainage occurred; 
(c) the quantity of recoverable hydrocarbons, determined on a 
volumetric basis, originally in place within such areas or res-
ervoirs prior to any production therefrom; 
(d) the respective percentages of such recoverable hydro-
carbons within the Federal and State portions of such areas or 
reservoirs; 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1803 
(e) the total accumulated volume of any net drainage from 
each area or reservoir, including the value thereof (together 
with a description of the method for determining such value) 
and all production costs incurred during that period; 
(f) the net dollar impact to the United States, United States 
lessees, the State of Louisiana, and the State lessees that has 
resulted from any such drainage from each area or reservoir; 
(g) the proper allocation of production from each field from all 
time periods starting April 7,1986; and 
(h) the proper prospective allocation of production from the 
fields involved. 
Within 180 days of the date of enactment of this Act, the third 
party factfinder shall submit a written report containing the factual 
findings to the Secretary, the Governor of Louisiana, and the 
Congressional Committees of jurisdiction. The Secretary shall then 
prepare a plan 60 days after receipt of the written report regarding 
options for the potential redistribution of royalty receipts, if war-
ranted by the findings of this written report. 
TITLE II—RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
Reports. 
FOREST RESEARCH 
For necessary expenses of forest research as authorized by law, 
$137,867,000, to remain available until September 30,1990. 
The Secretary is directed to convey by quitclaim deed, without a 
requirement for reimbursement, all right, title, and interest of the 
United States in and to all improvements (1) situated on leased land 
as recorded in Docket 5191, pages 258-260, Maricopa Country, Ari-
zona, and (2) situated on leased land as recorded in Docket 4388, 
pages 452-455 and Docket 4673, pages 147-148, Maricopa County, 
Arizona. 
The Secretary is further directed, concurrently with conveyances 
under this section, to relinquish, without a requirement for 
reimbursement, that certain lease dated October 13, 1962, as 
amended on May 15,1963, and that certain related Memorandum of 
Understanding of like date therewith (collectively referred to herein 
as the "lease agreement"), which instruments cover and pertain to 
the real property located on the campus of Arizona State University 
in Tempe, Arizona: Provided, That the United States is hereby 
released from any and all liability arising from the future use of the 
facilities or lands affected by this Act: Provided further. That the 
Forest Service shall continue to occupy the facilities described 
herein, at no increased expense, until such time as replacement 
space which is determined to be comparable by the Forest Service is 
available: Provided further. That the Forest Service may not move 
from the facilities described herein unless the move is approved in 
advance by the House and Senate Committees on Appropriations in 
compliance with the reprogramming procedures contained in 
House Report 99-714. 
Arizona. 
Contracts. 
102 STAT. 1804 
PUBLIC LAW 100-446—SEPT. 27, 1988 
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 management activities, $86,668,000, to 
remain available until expended, as authorized by law: Provided, 
That a grant of $2,800,000 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 construction of the Spokane 
River Centennial Trail, and a grant of $1,350,000 shall be provided 
to the County of Kootenai, Idaho, for construction of the Idaho 
Centennial Trail. 
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 reimbursement to other 
appropriation accounts from which funds were transferred in the 
preceding fiscal years for forest firefighting and emergency re-
habilitation of National Forest System lands, and for administrative 
expenses associated with the management of funds provided under 
the heads "Forest Research", "State and Private Forestry", "Na-
tional Forest System", "Construction", and "Land Acquisition", 
$1,329,488,000 to remain available for obligation until September 30, 
1990, and including 65 per centum of all monies received during the 
prior fiscal year as fees collected under the Land and Water Con-
servation 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 the fiscal year 
1988, 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 1989 National Forest System 
appropriation, and shall remain available for obligation until 
September 30,1990: Provided further. That funds available for forest 
firefighting and emergency rehabilitation of Nationed Forest System 
lands are available for liquidation of obligations made in preceding 
fiscal years. 
CONSTRUCTION 
For necessary expenses of the Forest Service, not otherwise pro-
vided for, for construction, $225,518,000, to remain available until 
expended, of which $33,914,000 is for construction and acquisition of 
buildings and other facilities; and $191,604,000 is for construction of 
forest roads and trails by the Forest Service as authorized by 16 
U.S.C. 532-538 and 23 tf.S.C. 101 and 205: Provided, That funds 
becoming available in fiscal year 1989 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 
$75,000,000, to remain available until expended, may be obligated 
for the construction of forest roads by timber purchasers: Provided 
further. That notwithstanding any other provision of this Act or any 
other provision of law, there is authorized and appropriated out of 
the Highway Trust Fund (other than the Mass Transit Account), 
$5,333,000 of contract authority to be transferred to the Forest 
Service for road construction to Forest Development Road Standards 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1805 
to serve the Mount St. Helens National Volcanic Monument, 
Washington: Provided further. That the funds authorized by this 
section shall be available for obligation in the same manner and to 
the same extent as if such funds were apportioned under chapter 1 
of title 23, United States Code, except the Federal share of the cost 
of this project shall be 100 per centum, and such^&mds shall remain 
available until expended: Provided further. That $5,333,000 to be 
derived from the Highway Trust Fund (other than the Mass Transit 
Account) as authorized and appropriated above is hereby made 
available to liquidate the obligations incurred against the contract 
authority as provided for in this Act. 
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 Forest Service, $63,805,000 to be derived 
from the Land and Water Conservation Fund, to remain available 
until expended and $400,000 for acquisition of land and interests 
therein and near the White Salmon National Recreational River, 
Klickitat County, Washington, described as Government lot 2, 
southwest quarter of the northwest quarter, section 18, township 4 
north range 11 east, Willamette Meridian, pursuant to the Depart-
ment of Agriculture Organic Act of 1956 (7 U.S.C. 428(a)), to remain 
available until expended. 
Notwithstanding any other provision of law or order based 
thereon, if requested by the Secretary of Agriculture, the Secretary 
of the Interior is authorized and directed to take such actions 
(including but not limited to the revocation of the Shay Oeek 
withdrawal (Mount Diablo Meridian: township 10 north, range 19 
east, section 24, southeast quarter northeast quarter, east half 
southeast quarter, and southwest quarter southeast quarter) under 
Public Land Order 2301 and the issuance of patents) as may be 
necessary to consummate the exchange within the Toiyabe National 
Forest in California of the Shay Creek parcel for private holdings of 
equal value. 
The following may be cited as the "New Hampshire Forest 
Management Initiatives Act of 1988". 
SEC. 1. (a) For the protection and management of the timber 
resources and the scenic, natural, recreation and other resource 
values associated with certain forest lands in the State of New 
Hampshire, and in cooperation with State and private entities as 
provided herein, the Secretary of Agriculture (hereafter "Sec-
retary") is authorized and directed to acquire by purchase, donation 
or otherwise, lands and interests therein now or formerly owned by 
Diamond International Ck)rporation in the State of New Hampshire 
(hereafter "Diamond lands'). 
(b) The Diamond lands are generally depicted on maps dated July 
1988 and entitled, "New Hampshire Forest Initiatives , which maps 
are on file with Chief, Forest Service, Washington, D.C. The Sec-
retary may correct technical and clerical errors on any map. 
(c) Acquisitions made pursuant to this Act shall be commensurate 
wit^ appropriated and donated funds and shaU be completed by the 
Secretary notwithstanding any other provision or requirement of 
law or condition precedent. The Secretary may exclude from acquisi-
New Hampshire 
Forest 
Management 
Initiatives Act of 
1988. 
Environmental 
protection. 
Gifts and 
property. 
102 STAT. 1806 
PUBLIC LAW 100-446—SEPT. 27, 1988 
Classified 
information. 
Conservation. 
Reports. 
Contracts. 
State and local 
governments. 
tion such rights-of-way, easements and other outstanding rights 
deemed unacceptable to the Secretary, and may also exclude from 
acquisition any small or isolated parcels which the Secretary deems 
are not maneigeable for Federal purposes. It is the intent of Congress 
that these acquisitions be completed prior to October 15, 1988. 
SEC. 2. (a) To the extend deemed practical by the Secretary in 
furtherance of this Act, the Secretary shall cooperate and assist 
ongoing and future initiatives by State and private organizations 
(hereafter "cooperating entity(ies)" to acquire the Diamond lands. 
Cooperating entities include, but are not limited to, the Society for 
the Protection of New Hampshire Forests, The Nature Conservancy, 
and the State of New Hampshire or instrumentality thereof. 
(b) Any information provided the Secretary by any cooperating 
entity relating to the study and acquisition of lands shall be exempt 
from disclosure under the Freedom of Information Act (5 U.S.C. 
552). 
SEC. 3. Subject to the availability of donated and appropriated 
funds, if by October 1, 1988, the Secretary or a cooperating entity 
has not acquired title or a land purchase option or contract to 
purchase the lands referenced in section 1, less any exclusions, the 
Secretary is directed to condemn such lands, or portions thereof, 
commensurate with available funds. Condemnation shall be as soon 
as possible after October 1, 1988, by a declaration of taking filed in 
accordance with the Act of February 26, 1931 (40 U.S.C. 258a, as 
amended). Nothing herein shall preclude filing of a condemnation 
action at any time if the Secretary deems further negotiations for 
the acquisition of the Diamond lands to be futile or if the condemna-
tion is for the purpose of clearing title. No Congressional oversight 
or approval shall be required for the filing of a declaration of taking 
or any other aspect of the land acquisitions herein authorized, it 
being the intent of the Congress that the Diamond lands be acquired 
as soon as practicable. 
SEC. 4. All lands acquired by the Secretary under authority of or 
pursuant to this Act shall be administered under the Weeks Act of 
March 1, 1911 (36 Stat. 961, as amended). For lands acquired by the 
United States located outside of and not contiguous to national 
forest boundaries existing as of the date of this Act, the primary 
management emphasis shall be the sustained yield of forest prod-
ucts consistent with the traditional uses, including public access, 
and conservation of other resource values. Within two years from 
the date lands are acquired pursuant to this Act, the Secretary shall 
report to Congress with recommendations for the permanent 
administration and disposition of such federally-owned lands. 
SEC. 5. In furtherance of the public purposes associated with the 
present and future protection and management of the timber, 
scenic, natural, recreation and other resources of forest lands in 
New Hampshire, and for other similar purposes as may be au-
thorized by Congress, the Secretary may enter into written coopera-
tive agreements with States and their political subdivisions, and 
private organizations, for the study, acquisition, management and 
administration of forest lands. Such agreements may include provi-
sions for limited financial assistance for such purposes. 
SEC. 6. Of the amount provided herein, $5,250,000 shall be avail-
able from the Land and Water Conservation Fund, to remain avail-
able until expended, for the acquisition of lands and interests 
therein, and associated administrative costs. 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1807 
TONGASS TIMBER SUPPLY FUND 
For necessary expenses for the Tongass National Forest pursuant 
to section 705(a) of the Alaska National Interest Lands C!onservation 
Act of 1980 (16 U.S.C. 539d(a)), as amended, $35,999,000, to remain 
available until expended. 
TIMBER ROADS, PURCHASER ELECTION, FOREST SERVICE 
(RESCISSION) 
Of the funds currently available and unobligated in this account, 
$40,000,000 is hereby rescinded. 
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, and 
Cleveland National Forests, California, as authorized by law, 
$966,000, 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 r^abilitation, 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 
4010t))(l) of Public Law 94-579, as amended, to remain available 
until expended, of which not to exceed 6 percent shall be available 
for administrative expenses associated with on-the-ground range 
rehabilitation, protection, and improvements. 
MISCELLANEOUS TRUST FUNDS 
For expenses authorized by 16 U.S.C. 1643(b), $90,000 to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act. 
ADMINISTRATIVE PROVISIONS, FOREST SERVICE 
Appropriations to the Forest Service for the current fiscal year 
shall be available for: (a) purchase of not to exceed 200 passenger 
motor vehicles of which ten will be used primarily for law enforce-
ment purposes and of which 190 shall be for replacement only, of 
which acquisition of 165 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 59 aircraft from excess sources; notwithstanding 
other provisions of law, existing aircraft being replaced may be sold, 
102 STAT. 1808 
PUBLIC LAW 100-446—SEPT. 27, 1988 
with proceeds derived or trade-in value used to offset the purchase 
price for the replacement aircraft; (b) services pursuant to the 
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 
2225), and not to exceed $100,000 for employment under 5 U.S.C. 
3109; (c) 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 region, to move or close any regional office for research. State 
and private forestry, or National Forest System administration of 
the Forest Service, Department of Agriculture, without the consent 
of the House and Senate Committees on Appropriations and the 
Committee on Agriculture, Nutrition, and Forestry in the United 
States Senate and the Committee on Agriculture in the United 
States House of Representatives. 
Any appropriations or funds available to the Forest Service may 
be transferred to the National Forest System appropriation for 
forest firefighting and the emergency rehabilitation 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 Commit-
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. 
Funds previously appropriated for timber salvage sales may be 
recovered from receipts deposited for use by the applicable national 
fewest and credited to the Forest Service Permanent Appropriations 
to be expended for timber salvage sales from any national forest, 
and for sales preparation of timber sales to replace sales lost to fire 
or other causes, and sales preparation activities 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 super-
vision of construction of roads lost to fire or other causes associated 
with the timber sales programs described above: Provided, That not 
less than $47,561,000 shall be made available to the Forest Service 
for obligation in fiscal year 1989 from the Timber Salvage Sales 
Fund appropriation: Provided further, That moneys received from 
the timber salvage sales program in fiscal year 1989 shall be consid-
ered as money received for purposes of computing and distributing 
25 per centum payments to local governments under 16 U.S.C. 500, 
as amended. 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1809 
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. 
Notwithstanding any other provision of the law, none of the funds 
available under this, or any other Act shall be obligated or expended 
to adjust annual recreational residence fees except on a four-year 
phased in basis commencing January 1,1989. 
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. 
Notwithstanding the provisions under the Federal Grant and 
Contracts. 
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the 
Forest Service is authorized to negotiate and enter into cooperative 
arrangements with the various States, and private, nonprofit 
organizations to continue the recreation and wildlife and fish Chal-
lenge (Dost-share Programs. 
None of the funds made available to the Forest Service in this Act 
shall be expended for the construction of the Gasquet-Orleans (G-O) 
road. 
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, Cedifomia, 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 Congress 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 
1988 from the harvesting of National Forest Timber in excess of 
$791,000,000, the 1988 National Forest Fund timber receipts con-
tained in the President's Budget proposal for fiscal year 1989: 
Provided, That this estimate of 1988 receipts shall not be adjusted 
for the purposes of this section: Provided further. That such funds 
shall be made available during fiscal year 1989, and shall be in 
addition to any funds appropriated in this Act: Provided 
further. 
102 STAT. 1810 
PUBLIC LAW 100-446—SEPT. 27, 1988 
That this transaction will not affect, diminish, or otherwise alter the 
pa5ntnents 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 the funds associated with 
this section shall be scored in a manner consistent with the Presi-
dent's request for fiscal year 1989: Provided further. That funds 
made available to the Secretary of Agriculture pursuant to this 
section shall be used for the necessary expenses, including support 
costs of 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 managment; 5 per centum for 
wilderness management; 10 per centum for reforestation; and 30 per 
centum for timber sales administration and management, including 
all timber support costs, for advanced preparation work for fiscal 
Reports. 
year 1990 and fiscal year 1991 timber sale offerings: Provided fur-
ther. That not later than 30 days after the submission of the 
President's fiscal year 1990 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 1989, 
fiscal year 1990, and subsequent years, using funds made available 
under this section, and a comparison of the outputs achieved in 
fiscal year 1989 and proposed for fiscal year 1990, 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. 
Notwithstanding the lack of authorization for pajmient from 
appropriated funds in older supplements to cooperative right-of-way 
construction and use agreements, the Forest Service is authorized 
and directed to make cash payments in lieu of payment through 
collection rights where it determines that an unreasonable delay 
has occurred or is likely to occur before the collection rights can be 
exercised or offsetting construction performed. In addition, the Serv-
ice is authorized and directed to make C£ish payment of excess cost 
imbalances carried by cooperators which the Government has not 
repaid within a reasonable time period through the exercise of 
collection rights or by other means. 
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. 
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., 
$575,000,000 shall be made available on October 1, 1989, and shall 
remain available until expended: Provided, That projects selected 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1811 
pursuant to a general request for proposals issued pursuant to this 
appropriation shall demonstrate technologies capable of retrofitting 
or repowering existing facilities and shall be subject to all provisos 
contained under this head in Public Laws 99-190 and 100-202 as 
amended by this Act. 
The first paragraph under this head in Public Law 100-202 is lOl Stat. 
amended by striking "and $525,000,000 are appropriated for the 1329-240. 
fiscal year beginning October 1, 1988" and inserting "$190,000,000 
are appropriated for the fiscal year beginning October 1, 1988, and 
shall remain available until expended, $135,000,000 are appro-
priated for the fiscal year beginning October 1, 1989, and shall 
remain available until expended, and $200,000,000 are appropriated 
for the fiscal year beginning October 1, 1990": Provided, That out-
lays in fiscal year 1989 resulting from the use of funds appropriated 
under this head in Public Law 100-202, as amended by this Act, may 
not exceed $15,500,000: Provided further, That these actions are 
taken pursuant to section 202(bXl) of Public law 100-119 (2 U.S.C. 
909). 
For the purposes of the sixth proviso under this head in Public 
42 use 5903d 
Law 99-190, funds derived by the Tennessee Valley Authority from 
note, 
its power program are hereafter not to be precluded from qualifying 
as all or part of any cost-sharing requirement, except to the extent 
that such funds are provided by emnual appropriations Acts: Pro-
vided, That unexpended balances of funds made available in the 
"Energy Security Reserve" account in the Treeisury for The Clean 
Coal Technology Program by the Department of the Interior and 
Related Agencies Appropriations Act, 1986, as contained in section 
101(d) of Public Law 99-190, shall be merged with this account: 
Provided further, That for the purposes of the sixth proviso in Public 
Law 99-190 under this heading, funds provided under section 306 of 
Public Law 93-32 shall be considered non-Federal: Provided further, 
Reports. 
That reports on projects selected by the Secretary of Energy pursu-
ant to authority granted under the heading "Clean coal technology" 
in the Department of the Interior and Related Agencies Appropria-
tions Act, 1986, as contained in Public Law 99-190, which are 
received by the Speaker of the House of Representatives and the 
President of the Senate prior to the end of the second session of the 
100th Congress shall be deemed to have met the criteria in the third 
proviso of the fourth paragraph under the heading "Administrative 
provisions, Department 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. 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
For necessary expenses in canying 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, $380,595,000, 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 pursuant to section lll(bXlXB) of the Energy Re-
102 STAT. 1812 
PUBLIC LAW 100-446—SEPT. 27, 1988 
organization Act of 1974, as amended, of the amount appropriated 
under this head, $3,500,000 shall be available for a grant for an. 
energy center at the University of Oklahoma in Norman, Okla-
homa, and $9,000,000 shall be available for a grant for an energy 
center at West Virginia University in Morgantown, West Virginia, 
without section 1110t>X2) of such Act being applicable, and $4,500,000 
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, $37,000,000 is for implementation of 
the June, 1984 multiyear, cost-shared magnetohydrodynamics pro-
gram targeted on proof-of-concept testing: Provided further, That 30 
per centum private sector cash or in-land contributions shall be 
required for obligations in fiscal year 1989, 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. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For necessary expenses in canying out naval petroleum and oil 
shale reserve activities, $185,071,000, to remain available until 
expended. 
ENERGY CONSERVATION 
For necessary expenses in carrjdng out energy conservation activi-
ties, $372,502,000, to remain available until expended, including, 
notwithstanding any other provision of law, the excess amount for 
fiscal year 1989 determined under the provisions of section 3003(d) of 
Public Law 99-509 (15 U.S.C. 4502): Provided, That $200,000,000 
shall be for use in energy conservation programs as defined in 
section 3008(3) of Public Law 99-509 (15 U.S.C. 4507): Provided 
further. That pursuant to section IHOJXIXB) of the Energy Reorga-
nization Act of 1974, as amended, of the amount appropriated under 
this head, $3,000,000 shall be available for a grant for an energy and 
natural resources technology development center at Brandeis 
University in Waltham, Massachusetts without section 11103X2) of 
such Act being applicable: 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 1988, and of which $10,000,000 shall be available for a 
grant for the energy demonstration and research facility at North-
western University designated under this head in Public Law 100-
202 and as authorized by section 202 of Public Law 99-412 (42 U.S.C. 
8281 note): Provided further. That the facility may be expsmded to 
' p y ? ^ 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1813 
encompass space for life sciences in addition to that for material 
sciences. 
ECONOMIC REGULATION 
For necessary expenses in carrying out the activities of the Eco-
nomic R^ulatory Administration and the Office of Hearings and 
Appeals, $21,372,000. 
EMERGENCY PREPAREDNESS 
For necessary expenses in carrying out emergency preparedness 
activities, $6,154,000. 
STRATEGIC 
PETROLEUM RESERVE 
For expenses necessary to carry out the provisions of sections 151 
through 166 of the Energy Policy and Conservation Act of 1975 
(Public Law 94-163), $173,421,000, to remain 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 (PubUc Law 97-35), 
$242,000,000, to remain available until expended: Provided, That an Effective date. 
additional $91,555,000 shall be made available until expended b^in-
ning October 1, 1989: Provided further. That notwithstanding 42 
U.S.C. 6240(d) the United States' share of crude oil in Naval Petro-
leum Reserve Numbered 1 (Elk Hills) may be sold or otherwise 
disposed of to other than the Strategic Petroleum Reserve. 
ENERGY INFORMATION ADBflNISTRATION 
For necessary expenses in carrying out the activities of the 
Energy Information Administration, $62,856,000 of which $1,000,000 
for computer operations shall remain available until September 30, 
1990. 
ADMINISTRATIVE PROVISIONS, DEPARTBfENT OF ENERGY 
Appropriations imder 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 otiier agencies of the Grovemment for the performance of 
work for which the appropriation is made. 
None of the funds made available to the Department of Energy 
under this Act shall be used to implement or finance authorized 
price support or loan guarantee programs unless specific provision is 
made for such programs in an appropriations Act. 
The Secreta^ 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 Eneigy or 
102 STAT. 1814 
PUBLIC LAW 100-446—SEPT. 27, 1988 
otherwise generated by sale of products in connection with projects 
of the Department appropriated under this Act may be retained by 
the Secretary of Energy, to be available until expended, and used 
only for plant construction, operation, costs, and payments to cost-
sharing entities as provided in appropriate cost-sharing contracts or 
agreements: 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 enterea 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 and 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 program, or any other funds 
received in connection with this program, shall be credited to the 
Biomass Energy Development account, and shall be available solely 
for payment of the guaranteed portion of defaulted loans and associ-
ated costs of the Department of Energy Alcohol Fuels Loan Guaran-
tee program for loans guaranteed prior to January 1,1987. 
Unobligated balances available in the "Alternative fuels produc-
tion" account may be used for pajmaent of the guaranteed portion of 
defaulted loans and associated costs of the Department of Energy 
Alcohol Fuels Loan Guarantee program, subject to the determina-
tion by the Secretary of Energy that such unobligated funds are not 
needed for carrying out the purposes of the Alternative Fuels 
Production program: Provided, That the use of these unobligated 
funds for payment of defaulted loans and associated costs shall be 
available only for loans guaranteed prior to January 1, 1987: Pro-
vided further, That such funds shall be used only after the unobli-
gated balance in the Department of Energy Alcohol Fuel Loan 
Guarantee reserve has been exhausted. 
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 XXIII 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 
aircraft; purchase of reprints; purchase and erection of portable 
buildings; payments for telephone service in private residences in 
the field, when authorized under regulations approved by the Sec-
retary; $1,020,106,000, together with payments received during the 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1815 
fiscal year pursuant to 42 U.S.C. 300cc-2 for services furnished by 
the Indian Health Service: Provided, That notwithstanding any 
other law or regulation, funds transferred from the Department of 
Housing and Urban Development to the Indian Heedth 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-Determination and Education Assistance Act of 1975 
(88 Stat. 2203; 25 U.S.C. 450), shall remain available until expended: 
Provided further. That $15,000,000 shall remain available until 
expended, for the Indian Catastrophic Health Emergency Fund and 
contract medical care: Provided further, That of the funds provided, 
$2,000,000 shall be used to carry out a loan repayment program 
under which Federal, State, and commercial-tjrpe 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 in the Indian Health Service. Each individual 
participating in this program must sign and submit to the Secretary 
a written contract to accept repa5mient of educational loans and to 
serve for the applicable period of service in the Indian Health 
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 Care 
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 
XVIII and XIX of the Social Security Act (exclusive of planning, 
design, construction of new facilities, or major 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 338G of the Public 
Health Service Act with respect to the Indian Health Service shall 
remain available for expenditure until September 30,1990. 
INDIAN HEALTH FACIUTIES 
For construction, major repair, improvement, and equipment of 
hegdth and related auxiliary facilities, including quarters for person-
nel; preparation of plans, specifications, and drawings; acquisition of 
sites, purchase and erection of portable buildings, and purchases of 
trailers; and for provision of domestic and community sanitation 
facilities for Indians, as authorized by section 7 of the Act of August 
5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act and the 
Indian Health Care Improvement Act, $61,668,000, to remain avail-
able until expended: Provided, That the Indian Heath Service may 
hold in reserve a sum not to exceed $600,000 as a contingency for 
site acquisition at the Kotzebue Hospital: Provided further. That of 
funds appropriated in the fiscal year 1987 continuing resolution for 
102 STAT. 1816 
PUBLIC LAW 100-446—SEPT. 27, 1988 
the construction of detoxification facilities for Indian youth, not to 
exceed $600,000 shall be made available for planning and design of a 
youth alcohol and substance abuse treatment facility by the Inland 
Tribal Consortium, to be located in the State of Washington: Pro-
vided further, That the Secretary of Health and Human Services 
may accept ownership of the buildings offered at no cost by the Gila 
River Indian Tribe for use solely as the Phoenix Area Regional 
Youth Treatment Center for Alcohol and Substance Abuse, and may 
use funds appropriated to the Indian Health Service in Public Law 
99-591, to renovate the buildings for that purpose. 
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, 
42 use 254m 
That the Secretary of Health and Human Services may authorize 
note. 
special retention pay under paragraph (4) of 37 U.S.C. 302(a) to any 
regular or reserve officer for the period during which the officer is 
obligated under section 338B of the Public Health Service Act and 
assigned and providing direct health services or serving the officer's 
obligation as a specialist: 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 equivalent level of the Indian 
Health Service by the elimination of temporary employees by reduc-
tion in force, hiring freeze or any other means without the review 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1817 
and approval of the Committees on Appropriations: Provided fur-
ther, That funds provided in this Act may be used to reimburse the 
Indian Health Service travel costs of spouses who accompany 
prospective Indian Health Service medical professional employees to 
the site of employment as part of the recruitment process: Provided 
further, That section 103(c) of the Indian Self-Determination Act (88 
Stat. 2206), as amended by Public Law 100-202 (101 Stat. 1329-246), 25 use 450g 
is amended by inserting after the word "claims" the words "by any 
person, initially filed on or after December 22, 1987, whether or not 
such person is an Indian or Alaska Native or is served on a fee basis 
or under other circumstances as permitted by Federal law or regula-
tions", and is further amended by inserting after the word "perform-
ance" the words "prior to, including, or after December 22, 1987," 
and is further amended by inserting after the word "investigations," 
the words "an Indian tribe," and is further amended by adding after 
the word "agreement" and before the period the words ": Provided, Contracts. 
That such employees shall be deemed to be acting within the scope 
of their employment in carrying out such contract or agreement 
when they are required, by reason of such employment, to perform 
medical, surgical, dental or related functions at a facility other than 
the facility operated pursuant to such contract or agreement, but 
only if such employees are not compensated for the performance of 
such functions by a person or entity other than such Indian tribe, 
tribal organization or Indian contractor": 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: Provided further, That Arizona. 
notwithstanding any other provision of law, the Secretary is au- Housing 
thorized to undertake a demonstration project at Kayenta, Arizona, 
on the Navajo Indian Reservation, to construct 10 housing units on 
Federal land, i.e., three one-bedroom, four two-bedroom, and three 
three-bedroom units, under an agreement with a non-profit, Indisin 
controlled community development corporation, and in return for a 
Federal grant of $200,000, units which meet or exceed Federal 
construction standards are to be built, operated, maintained in 
adequate condition and, for a period of 20 years following completion 
of construction, offered for rent to Federal employees. First pref-
erence for rental is to be given to essential Indian Health Service 
(IHS) employees as determined in accordance with IHS quarters 
management policies. Rental rates charged by the owner shall be 
established by the same method as would be used if the units were 
federally owned. Navajo Area IHS guidelines for occupant conduct 
and responsibility in Federal quarters shall apply unless stricter 
standards are mutually adopted: Provided further. That notwith-
standing any other provision of law, there are 170 village built 
clinics authorized to be operated in Alaska. 
Contracts. 
Community 
development. 
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, as amended by Public Law 
102 STAT. 1818 
PUBLIC LAW 100-446—SEPT. 27, 1988 
100-297, $71,553,000, of which $52,748,000 shall be for part A and 
$15,807,000 shall be for parts B and C: Provided, That the amounts 
available pursuant to section 423 of the Act shall remain available 
for obligation until September 30,1990. 
OTHER RELATED AGENCIES 
NAVAJO AND HOPI INDIAN RELOCATION COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Navajo and Hopi Indian Relocation 
Commission as authorized by Public Law 93-531, $27,323,000, to 
remain available until expended, for operating expenses of the 
Commission: 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 physically domiciled on 
the lands partitioned to the Hopi Tribe unless a new or replacement 
home is provided for such household: Provided further. That no 
relocatee will be provided with more than one new or replacement 
home: Provided further, That the Commission shall relocate any 
certified eligible relocatees who have selected and received an ap-
proved homesite on the Navajo reservation or selected a replace-
ment residence off the Navajo reservation or on the land acquired 
pursuant to 25 U.S.C. 640d-10. 
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND 
ARTS DEVELOPMENT 
SALARIES A N D EXPENSES 
For necessary expenses of the Institute of American Indian and 
Alaska Native Culture and Arts Development as authorized by 
Public Law 99-498, $3,094,000 for payment to the Institute of Amer-
ican Indian and Alaska Native Culture and Arts Development to 
carry out the provisions of Public Law 99-498, as amended (20 U.S.C. 
56, Part A), of which not to exceed $250,000 for Federal matching 
contributions shall be paid to the Institute endowment fund. 
Section 1513 of the Higher Education Amendments of 1986 (20 
U.S.C. 4420) is amended— 
(1) by striking out "The Institute" and inserting in lieu 
thereof "(a) TAX STATUS.—The Institute", 
(2) by inserting "; TORT LIABILITY" after "STATUS" in the 
section heading, and 
(3) by adding at the end thereof the following new subsection: 
"(b) TORT LIABILITY.— 
Claims. 
"(1) The Institute shall be subject to liability relating to tort 
claims only to the extent a Federal agency is subject to such 
liability under chapter 171 of title 28, United States Code. 
"(2) For purposes of chapter 171 of title 28, United States 
Code, the Institute shall be treated as a Federal agency (within 
the meaning of section 2671 of such title). 
"(3) For purposes of chapter 171 of title 28, United States 
Code, the President of the Institute shall be deemed the head of 
the Agency.". 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1819 
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 docimientation 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 $1()0,000 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; $211,240,000, 
of which not to exceed $1,206,000 for the instrumentation pr(^am 
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: Provixied, That funds appropriated herein are avail-
able for advance payments to independent contractors performing 
research 
services or participating in official 
Smithsonian 
presentations. 
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK 
For necessary expenses of planning, construction, remodeling, and 
equipping of biiildings and facilities at the National Zoolc^cal Park, 
by contract or otherwise, $5,305,000, to remain available until 
expended. 
RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of restoration and renovation 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, $20,735,000, to remain available until 
expended: Provided^ That contracts awarded for environmental sys- Contracts. 
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. 
CONSTRUCTION 
For necessary expenses for construction, $8,655,000, to remain 
available until expended: Provicled, That notwithstanding any other 
provison 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 OP ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
102 STAT. 1820 
PUBLIC LAW 100-446—SEPT. 27, 1988 
expenses incident thereto, as authorized by the Act of March 24, 
1937 (50 Stat. 51), as amended by the pubhc resolution of April 13, 
1939 (Public Resolution 9, Seventy-sixth 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 li-
brary, museum, and art associations or societies whose publications 
or services are available to members only, or to members at a price 
lower than to the general public; purchase, repair, and cleaning of 
uniforms for guards, and uniforms, or allowances therefor, for other 
employees as authorized by law (5 U.S.C 5901-5902); purchase, or 
rental of devices and services for protecting buildings and contents 
thereof, and maintenance, alteration, improvement, and repair of 
buildings, approaches, and grounds; and purchase of services for 
restoration and repair of works of art for the National Gallery of 
Art by contracts made, without advertising, with individuals, firms, 
or organizations at such rates or prices and under such terms and 
conditions as the Gallery may deem proper, $37,981,000, including 
$2,370,000 for the special exhibition program, of which not to exceed 
$2,320,000 for the special exhibition program shall remain available 
until expended. 
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $750,000 to 
Contracts. 
remain available until expended: Provided, That contracts awarded 
for environmental systems, protection systems, and exterior repair 
or renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price. 
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, 
$4,240,000. 
PAYMENT TO ENDOWMENT CHALLENGE FUND 
For payment to the Endowment Challenge Fund for the Woodrow 
Wilson International Center for Scholars $300,000, to reamain avail-
able until September 30, 1990: Provided, That such sums shall be 
transferred only to the extent matched on a three-to-one basis by 
private funds. 
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foundation on 
the Arts and Humanities Act of 1965, as amended, $141,890,000 shall 
be available to the National Endowment for the Arts for the support 
of projects and productions in the arts through assistance to groups 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1821 
and individuals pursuant to section 5(c) of the Act, and for admin- z 
istering the functions of the Act: Provided, That none of the funds 
• 
available to the National Endowment for the Arts may be used to 
^ 
implement a peer panel review process different from that in place 
as of December 31,1987. 
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, $27,200,000, to remain available until September 30, 1990, 
to the National Endowment for the Arts, of which $18,200,000 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(aX2XA) 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 AND ADMINISTRATION 
For necessary expenses to carry out the National Foundation on 
the Arts and the Humanities Act of 1965, as amended, $124,300,000 
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. 
MATCHING GRANTS 
To carry out the provisions of section 10(aX2) of the National 
Foundation on the Arts and the Humcuiities Act of 1965, as 
amended, $28,700,000, to remain available until September 30, 1990, 
of which $16,700,000 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 equed to the total amounts of gifts, bequests, and 
devises of money, and other property accepted by the Chairman or 
by grantees of the Endowment under the provisions of subsections 
ll(aX2XB) and ll(aX3XB) during the current and preceding fiscal 
years for which equal amounts have not previously 
been 
appropriated. 
INSTITUTE OF MUSEUM SERVICES 
GRANTS AND ADMINISTRATION 
For canning out title II of the Arts, Humanities, and Cultural 
Affairs Act of 1976, as amended, $22,270,000, including not to exceed 
$250,000 as authorized by 20 U.S.C. 965(b): Provided, That none of 
these funds shall be available for the compensation of Executive 
Level V or higher positions: Provided further. That the Museum 
Services Board shall not meet more than three times during fiscal 
year 1989. 
102 STAT. 1822 
PUBLIC LAW 100-446—SEPT. 27, 1988 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or 
contract documents which do not include the text of 18 U.S.C. 1913: 
Provided, That none of the funds appropriated to the National 
Foundation on the Arts and the Humanities may be used for official 
reception and representation expenses. 
COMMISSION OF FINE ARTS 
SALARIES AND EXPENSES 
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $475,000. 
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, $5,000,000. 
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, 
$1,778,000: Provided, That none of these funds shall be available for 
the compensation of Executive Level V or higher positions. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as au-
thorized by 5 U.S.C. 3109, $2,962,000. 
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Franklin Delano Roosevelt Memo-
rial 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 30,1990. 
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by section 17(a) of Public 
Law 92-578, as amended, $2,334,000, for operating and administra-
tive expenses of the Corporation. 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1823 
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, $3,175,000, to remain available until expended. 
UNITED STATES HOLOCAUST MEMORIAL COUNCIL 
HOLOCAUST MEMORIAL COUNCIL 
For expenses of the Holocaust Memorial C!ouncil, as authorized by 
Public Law 96-388 as amended, $2,244,000: Provided, That none of 
these funds shall be available for the compensation of Executive 
Level V or higher positions. 
TITLE III—GENERAL PROVISIONS 
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-
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 £uiy 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 plywood 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 in-
tended 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. 
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. 
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 em-
ployee of such department or agency except as otherwise provided 
by law. 
SEC 307. Except for lands described by sections 105 and 106 of 
Public Law 96-560, section 103 of Public Law 96-550, section 5(dXl) 
of Public Law 96-312, and except for land in the State of Alaska, and 
lands in the National Forest System released to management for 
Contracts. 
Records. 
Public 
information. 
Alaska. 
National Forest 
System. 
National 
Wilderness 
Preservation 
System. 
102 STAT. 1824 
PUBLIC LAW 100-446—SEPT. 27, 1988 
Hazardous 
materials. 
Contracts. 
any use the Secretary of Agriculture deems appropriate through the 
land management planning process by any statement or other Act 
of Congress designating components of the National Wilderness 
Preservation System now in effect or hereinafter enacted, and 
except to carry out the obligations and responsibilities of the Sec-
retary of the Interior under section 17(kXl) (A) and (B) of the 
Mineral Leasing Act of 1920 (30 U.S.C. 226), none of the funds 
provided in this Act shall be obligated for any aspect of the process-
ing or issuance of permits or leases pertaining to exploration for or 
development of coal, oil, gas, oil shale, phosphate, potassium, sulfur, 
gilsonite, or geothermal resources on Federal lands within any 
Forest Service RARE II areas recommended for wilderness designa-
tion or allocated to further planning in Executive Communication 
1504, Ninety-sixth Congress (House Document numbered 96-119); or 
within any lands designated by Congress as wilderness study areas 
or within Bureau of Land Management wilderness study areeis: 
Provided, That nothing in this section shall prohibit the expenditure 
of funds for any aspect of the processing or issuance of permits 
pertaining to exploration for or development of the mineral re-
sources described in this section, within any component of the 
National Wilderness Preservation System now in effect or herein-
after enacted, any Forest Service RARE 11 areas recommended for 
wilderness designation or allocated to further planning, within any 
lands designated by Congress as wilderness study areas, or Bureau 
of Land Management wilderness study areas, under valid existing 
rights, or leases validly issued in accordance with all applicable 
Federal, State, and local laws or valid mineral rights in existence 
prior to October 1, 1982: Provided further, That funds provided in 
this Act may be used by the Secretary of Agriculture in any area of 
National Forest lands or the Secretary of the Interior to issue under 
their existing authority in any area of National Forest or public 
lands withdrawn pursuant to this Act such permits as may be 
necessary to conduct prospecting, seismic surveys, and core sam-
pling conducted by helicopter or other means not requiring 
construction of roads or improvement of existing roads or ways, for 
the purpose of gathering information about the inventorying of 
energy, mineral, and other resource values of such area, if such 
activity is carried out in a manner compatible with the preservation 
of the wilderness environment: Provided further, 
"Hiat seismic 
activities involving the use of explosives shall not be permitted in 
designated wilderness areas: Provided further. That funds provided 
in this Act may be used by the Secretary of the Interior to augment 
recurring surveys of the mineral values of wilderness areas pursu-
ant to section 4(dX2) of the Wilderness Act and acquire information 
on other national forest and public land areas withdrawn pursuant 
to this Act, by conducting in conjunction with the Secretary of 
Energy, the National Laboratories, or other Federal agencies, as 
appropriate, such mineral inventories of areas withdrawn pursuant 
to this Act as the Secretary deems appropriate. These inventories 
shall be conducted in a marmer compatible with the preservation of 
the wilderness environment through the use of methods including 
core sampling conducted by helicopter; geophysical techniques such 
as induced polarization, synthetic aperture radar, magnetic and 
gravity surveys; geochemical techniques including stream sediment 
reconnaissance and x-ray diffraction analysis; land satellites; or any 
other methods the Secretary deems appropriate. The Secretary of 
the Interior is hereby authorized to conduct inventories or segments 
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1825 
of inventories, such as data analysis activities, by contract with 
private entities deemed by the Secretary to be qualified to engage in 
such activities whenever the Secretary has determined that such 
contract would decrease Federal expenditures and would produce 
comparable or superior resultis: Provided further, That in carrying 
out any such inventory or surveys, where Nationed Forest System 
lands are involved, the Secretary of the Interior shall consult with 
the Secretary of Agriculture concerning any activities affecting 
surface resources. 
SEC. 308. None of the funds provided in this Act shall be used to 
evaluate, consider, process, or award oil, gas, or geothermal leases 
on Federal lands in the Mount Baker-Snoqualmie National Forest, 
State of Washington, within the hydrographic boundaries of the 
Cedar River municipal watershed upstream of river mile 21.6, 
the Green River municipal watershed upstream of river mile 61.0, 
the North Fork of the Tolt River proposed municipal watershed 
upstream of river mile 11.7, and the South Fork Tolt River munici-
pal watershed upstream of river mile 8.4. 
SEC. 309. No assessments may be levied against any pr(^ram, 
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 
committees. 
SEC. 310. 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. 311. 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 au-
thorized to enter into contracts with State and local 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. 312. 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. 313. None of the funds made available to the Department of 
the Interior or the Forest Service during fiscal year 1989 by this or 
any other Act may be used to implement the proposed jurisdictional 
interchange program until enactment of legislation which au-
thorizes the jurisdictional interchange. 
SEC. 314. 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 
Employment 
and 
unemployment. 
Contracts. 
State and local 
governments. 
Disaster 
assistance. 
16 u s e 1604 
note. 
102 STAT. 1826 
PUBLIC LAW 100-446—SEPT. 27, 1988 
Wages. 
Government 
organization and 
employees. 
5 u s e 5911 note. 
Forests and 
forest products. 
Wages. 
Government 
organization and 
employees. 
18 u s e 208 note. 
plan: Provided further. That any and all particular activities to be 
carried out under existing plans may nevertheless be challenged. 
SEC. 315. (a) From funds appropriated under this Act such sums as 
are necessary shall be made available to pay forest or wildland 
firefighters premium pay under the provision of subchapter V of 
chapter 55 of title 5, United States CJode (notwithstanding the 
limitations of section 5547 of such title), for all premium pay that 
would have been paid to such forest or wildland firefighter em-
ployees, but for the provisions of section 5547 of such title, for all 
pay periods (and parts thereof) occurring during the fiscal year 
ending September 30,1989. 
(b) Notwithstanding the provisions of subsection (a), no forest or 
wildland firefighter employee may be paid premium pay to the 
extent that the aggregate rate of pay of such employee for the 
aggregate of all pay periods in any ceilendar year exceeds the 
maximum rate for GS-15 as provided under the General Schedule 
pursuant to subchapter III of chapter 53 of title 5, United States 
Code. 
(c) For purposes of this section, the term "wildland forest fire-
fighter" means any employee of the Department of Agriculture or 
the Department of the Interior who is assigned to, or in support of, 
work on forest or wildland wildfire emergencies. 
SEC. 316. Section 320 of Pubic Law 98-473 (98 Stat. 1874), is 
amended by deleting the colon and all that follows the words 
"quarters of that agency" and inserting a period (.) in place of the 
colon. 
SEC. 317. 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 only will be done to 
enhance and perpetuate giant sequoia. There will be no harvesting 
of giant sequoia specimen trees. Removal of hazard, insect, disease 
and fire killed giant sequoia other than specimen trees is permitted. 
SEC. 318. Such sums as may be necessary for fiscal year 1989 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act. 
SEC. 319. Notwithstanding any other provision of law, hereafter 
for the purposes of section 208 of title 18, United States Code, 
"particular matter", as applied to employees of the Department of 
the Interior and the Indian Health Service, shall mean "particular 
matter involving specific parties". 
SEC. 320. Notwithstanding any other provision of law, the Final 
Environmental Impact Statement issued by the USDA Forest Serv-
ice concerning the Silver Complex Fire Recovery Project on the 
Siskiyou National Forest and the Record of Decision accompanying 
the Environmental Impact Statement shall not be subject to judicial 
review, and shall be subject only to one level of administrative 
appeal. Existing administrative appeals and appellant's Statement 
of Reasons shall be immediately transferred to the Chief of the 
Forest Service for decision. The Chief must render his decision not 
later than 30 days following enactment of this Act. 
Any decision of a responsible Forest Service officieil to undertake a 
specific activity, including but not limited to the preparation, 
advertisement and sale of timber and the preparation, advertise-
PUBLIC LAW 100-446—SEPT. 27, 1988 
102 STAT. 1827 
ment and contracting for the construction of related roads within 
the Silver C!omplex Fire Recovery Area, as designated on maps 
dated June, 1988 and entitled "Silver Complex Fire Recovery Area', 
which maps are on file with the Chief, Forest Service, Washington, 
D.C., shall not be sujbect to administrative appeal or judicial review. 
No funds made available to the Forest Service under this or any 
other Act may be expended to extend the Bald Mountain Road on 
the Siskiyou National Forest beyond southwest quarter, northeast 
quarter of section 21, township 36 south, range 10 west, Willamette 
Meridian. 
SEC. 321. To ensure adequate availability of timber from the 
Mapleton Ranger District of the Siuslaw National Forest until the 
final forest land and resource management plan pursuant to section 
6 of the Forest and Rangeland Renewable Resources Planning Act of 
1974, as amended by the National Forest Management Act of 1976, 
as amended (16 U.S.C. 1604) is in effect, and notwithstanding the 
injunction issued pursuant to the judgment in National Wildlife 
Federation, et al. v. United States Forest Service, et al. (592 F. Supp. 
931 (D. Ore. 1984) as modified by 801 F. 2d 360 (9th Cir. 1986)), the 
Secretary of Agriculture is authorized to offer up to 90 million board 
feet of net merchantable timber in fiscal year 1989 in the Mapleton 
Ranger District of the Siuslaw National Forest pursuant to the 
requirements of this section and until completion of the final forest 
plan. For purposes only of selling timber pursuant to this section 
(and activities related thereto), the Secretary shall utilize the 
Siuslaw National Forest draft land and resource management plan 
and accompanying draft environmental impact statement dated 
October 1, 1986 as if they were the final forest plan and environ-
mental impact statement: Provided, That such statement, timber 
sales, roads and other associated activities, and their accompanjdng 
environmental assessments, prepared and offered pursuant to and 
consistent with such draft plan, for purposes only of this section, 
shall be treated £is satisfying all requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the 
Forest and Rangeland Renewable Resources Planning Act of 1974, 
as amended by the National Forest Management Act of 1976, as 
amended (16 U.S.C. 1600 et seq.) and shall not be subject to adminis-
trative or judicial review for compliance with such Acts: Provided 
further. That nothing in this section shall affect any existing right of 
administrative or judicial review of such timber sales for compliance 
with other applicable laws: Provided further. That this provision 
does not in any manner represent a judgment upon the legal 
adequacy of the Siuslaw National Forest final plan and environ-
mental impact statement. 
SEC. 322. Unobligated blanaces remaining from the Baca Geo-
thermal Demonstration Powerplant Project may be used to clean 
out the Hulin Well in the State of Louisiana. 
SEC. 323. (a) Subject to valid existing rights, on the date of 
enactment of this section deposits of quartz mineral within the 
Ouachita National Forest in the State of Arkansas shall no longer 
be subject to location £ind entry under the General Mining Law of 
1872 (17 Stat. 91), as amended, and all such deposits shall hereafter 
be disposed of under the same conditions as are applicable to 
common varieties of mineral materials on such lands under the 
Materials Act of 1947 (61 Stat. 681), as amended: Provided, That fifty 
percent of the moneys received pursuant to this section shall be paid 
by the Secretary of the Treasury to the State of Arkansas, to be 
Forests and 
forest products. 
Minerals and 
mining. 
Arkansas. 
Waste disposal. 
102 STAT. 1828 
PUBLIC LAW 100-446—SEPT. 27, 1988 
expended as the State may prescribe for the benefit of the public 
schools and public roads of the counties in which the Ouachita 
National Forest is situated. 
Regulations. 
(b) The Secretary of Agriculture shall prescribe rules and regula-
tions for the disposal of quartz mineral from the Ouachita National 
Forest. 
SEC. 324. The Secretary of the Interior shall not recover or recoup 
any portion of late pa5rment interest paid to the United States which 
is paid or distributed to any State or other recipient of Federal 
mineral lease revenues prior to September 30, 1989, except for 
amounts paid in connection with royalties or other revenues subse-
quently determined to be not owing to the United States. 
Approved September 27, 1988. 
LEGISLATIVE HISTORY—H.R. 4867: 
HOUSE REPORTS: No. 100-713 (Comm. on Appropriations) and No. 100-862 (Comm. 
of Conference). 
SENATE REPORTS: No. 100-410 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 29, considered and passed House. 
July 13, considered and passed Senate, amended. 
Sept. 8, House agreed to conference report; receded and concurred in certain 
Senate amendments, in others with amendments. Senate agreed to confer-
ence report; concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Sept. 27, Presidential statement.