[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3662 Engrossed in House (EH)]
2d Session
H. R. 3662
_______________________________________________________________________
AN ACT
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1997, and for other
purposes.
104th CONGRESS
2d Session
H. R. 3662
_______________________________________________________________________
AN ACT
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1997, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of the Interior and related agencies
for the fiscal year ending September 30, 1997, and for other purposes,
namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $566,514,000, to
remain available until expended, of which $2,000,000 shall be available
for assessment of the mineral potential of public lands in Alaska
pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of
which $3,000,000 shall be derived from the special receipt account
established by the Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l-6a(i)); and of which $1,000,000 shall be available in
fiscal year 1997 subject to a match by at least an equal amount by the
National Fish and Wildlife Foundation, to such Foundation for challenge
cost share projects supporting fish and wildlife conservation affecting
Bureau lands; in addition, $27,300,000 for Mining Law Administration
program operations, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropriation
from annual mining claim fees so as to result in a final appropriation
estimated at not more than $566,514,000; and in addition, not to exceed
$5,000,000, to remain available until expended, from annual mining
claim fees; which shall be credited to this account for the costs of
administering the mining claim fee program, and $2,000,000 from
communication site rental fees established by the Bureau for the cost
of administering communication site activities: Provided, That
appropriations herein made shall not be available for the destruction
of healthy, unadopted, wild horses and burros in the care of the Bureau
or its contractors: Provided further, That in fiscal year 1997 and
thereafter, all fees, excluding mining claim fees, in excess of the
fiscal year 1996 collections established by the Secretary of the
Interior under the authority of 43 U.S.C. 1734 for processing,
recording, or documenting authorizations to use public lands or public
land natural resources (including cultural, historical, and mineral)
and for providing specific services to public land users, and which are
not presently being covered into any Bureau of Land Management
appropriation accounts, and not otherwise dedicated by law for a
specific distribution, shall be made immediately available for program
operations in this account and remain available until expended.
wildland fire management
For necessary expenses for fire use and management, fire
preparedness, suppression operations, and emergency rehabilitation by
the Department of the Interior, $247,924,000, to remain available until
expended, of which not to exceed $5,025,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without costs from funds available
from this appropriation: Provided further, That unobligated balances of
amounts previously appropriated to the ``Fire Protection'' and
``Emergency Department of the Interior Firefighting Fund'' may be
transferred to this appropriation.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$12,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to sections 107 or
113(f) of such Act, shall be credited to this account to be available
until expended without further appropriation: Provided further, That
such sums recovered from or paid by any party are not limited to
monetary payments and may include stocks, bonds or other personal or
real property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
construction
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $3,103,000, to remain available
until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-07), $113,500,000, of which not to exceed
$400,000 shall be available for administrative expenses.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579 including administrative expenses and acquisition
of lands or waters, or interests therein, $10,000,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein including
existing connecting roads on or adjacent to such grant lands;
$98,365,000, to remain available until expended: Provided, That 25 per
centum of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per
centum of all moneys received during the prior fiscal year under
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and
the amount designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$9,113,000, to remain available until expended: Provided, That not to
exceed $600,000 shall be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law 93-153,
to remain available until expended: Provided, That notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act 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 action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly-produced
publications for which the cooperators share the cost of printing
either in cash or in services, and the Bureau determines the cooperator
is capable of meeting accepted quality standards.
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and utilization
of fishery and wildlife resources, except whales, seals, and sea lions,
and for the performance of other authorized functions related to such
resources; for the general administration of the United States Fish and
Wildlife Service; 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 the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended, $520,519,000, to remain
available until September 30, 1998, of which $11,557,000 shall remain
available until expended for operation and maintenance of fishery
mitigation facilities constructed by the Corps of Engineers under the
Lower Snake River Compensation Plan, authorized by the Water Resources
Development Act of 1976, to compensate for loss of fishery resources
from water development projects on the Lower Snake River, and of which
$1,000,000 shall be provided to the National Fish and Wildlife
Foundation for implementation of the Natural Communities Conservation
Plan, and shall be available only to the extent matched by at least an
equal amount from the Foundation and shall remain available until
expended: Provided, That pursuant to 31 U.S.C. 9701, the Secretary
shall charge reasonable fees for the full costs of providing training
by the National Education and Training Center, to be credited to this
account, notwithstanding 31 U.S.C. 3302, of which not to exceed
$2,000,000 shall be available for the direct costs of providing such
training: Provided further, That not to exceed $1,000,000 of the funds
provided herein may be used for contaminant sample analysis.
construction
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection,
and utilization of fishery and wildlife resources, and the acquisition
of lands and interests therein; $38,298,000, to remain available until
expended.
natural resource damage assessment fund
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of
1990 (Public Law 101-380), and Public Law 101-337; $4,000,000, to
remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $30,000,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended,
$13,085,000 (increased by $1,000,000), for grants to States, to be
derived from the Cooperative Endangered Species Conservation Fund, and
to remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $10,779,000.
rewards and operations
For expenses necessary to carry out the provisions of the African
Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), $1,000,000, to remain available until expended.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, $7,750,000, to
remain available until expended.
rhinoceros and tiger conservation fund
For deposit to the Rhinoceros and Tiger Conservation Fund,
$400,000, to remain available until expended, to carry out the
Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103-391).
wildlife conservation and appreciation fund
For deposit to the Wildlife Conservation and Appreciation Fund,
$800,000, to remain available until expended, for carrying out the
Partnerships for Wildlife Act only to the extent such funds are matched
as provided in section 7105 of said Act.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 83
passenger motor vehicles of which 73 are for replacement only
(including 43 for police-type use); not to exceed $400,000 for payment,
at the discretion of the Secretary, for information, rewards, or
evidence concerning violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activities,
authorized or approved by the Secretary and to be accounted for solely
on his certificate; repair of damage to public roads within and
adjacent to reservation areas caused by operations of the Service;
options for the purchase of land at not to exceed $1 for each option;
facilities incident to such public recreational uses on conservation
areas as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under the
jurisdiction of the 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
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly-produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not spend any of
the funds appropriated in this Act for the purchase of lands or
interests in lands to be used in the establishment of any new unit of
the National Wildlife Refuge System unless the purchase is approved in
advance by the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained in House Report
103-551.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not to exceed $1,593,000 for
the Volunteers-in-Parks program, and not less than $1,000,000 for high
priority projects within the scope of the approved budget which shall
be carried out by the Youth Conservation Corps as authorized by 16
U.S.C. 1706, $1,135,139,000, without regard to 16 U.S.C. 451, of which
$12,800,000 for research, planning and interagency coordination in
support of land acquisition for Everglades restoration shall remain
available until expended, and of which not to exceed $72,000,000, to
remain available until expended, is to be derived from the special fee
account established pursuant to title V, section 5201, of Public Law
100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, environmental compliance and review,
international park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided for,
$36,476,000.
historic preservation fund
For expenses necessary in carrying out the Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), $36,212,000, to be derived
from the Historic Preservation Fund, to remain available until
September 30, 1998.
construction
For construction, improvements, repair or replacement of physical
facilities including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$119,745,000, to remain available until expended: Provided, That funds
provided under this head, derived from the Historic Preservation Fund,
established by the Historic Preservation Act of 1966, as amended (16
U.S.C. 470), may be available until expended to render sites safe for
visitors and for building stabilization.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 1997 by 16 U.S.C.
460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority applicable to
the National Park Service, $30,000,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended, of which
$1,000,000 is to administer the State assistance program: Provided,
That any funds made available for the purpose of acquisition of the
Elwha and Glines dams shall be used solely for acquisition, and shall
not be expended until the full purchase amount has been appropriated by
the Congress.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 404 passenger motor vehicles, of which
287 shall be for replacement only, including not to exceed 320 for
police-type use, 13 buses, and 6 ambulances: Provided, That none of the
funds appropriated to the National Park Service may be used to process
any grant or contract documents which do not include the text of 18
U.S.C. 1913: Provided further, That of the funds provided to the
National Park Service in this or any other Act not more than $1,700,000
is to be used for the Office of the Director, not more than $2,000,000
is to be used for the Office of Public Affairs, and not more than
$951,000 is to be used for the Office of Congressional Affairs:
Provided further, That none of the funds appropriated to the National
Park Service may be used to implement an agreement for the
redevelopment of the southern end of Ellis Island until such agreement
has been submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full and comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
The National Park Service may in fiscal year 1997 and thereafter
enter into cooperative agreements that involve the transfer of National
Park Service appropriated funds to State, local and tribal governments,
other public entities, educational institutions, and private nonprofit
organizations for the public purpose of carrying out National Park
Service programs pursuant to 31 U.S.C. 6305 to carry out public
purposes of National Park Service programs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States 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 43 U.S.C. 31, 1332 and 1340; classify lands as to their mineral and
water resources; give engineering supervision to power permittees and
Federal Energy Regulatory Commission licensees; administer the minerals
exploration program (30 U.S.C. 641); and publish and disseminate data
relative to the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law and to publish and disseminate data;
$730,163,000, of which $62,130,000 shall be available only for
cooperation with States or municipalities for water resources
investigations; and of which $137,000,000 shall be available until
September 30, 1998 for the biological research activity and the
operation of the Cooperative Research Units; and of which $16,000,000
shall remain available until expended for conducting inquiries into the
economic conditions affecting mining and materials processing
industries: Provided, That none of these funds provided for the
biological research activity shall be used to conduct new surveys on
private property, unless specifically authorized in writing by the
property owner: Provided further, That beginning in fiscal year 1998
and once every five years thereafter, the National Academy of Sciences
shall review and report on the biological research activity of the
Survey: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services;
contracting for the furnishing of topographic maps and for the making
of geophysical or other specialized surveys when it is administratively
determined that such procedures are in the public interest;
construction and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and observation
wells; expenses of the United States National Committee on Geology; and
payment of compensation and expenses of persons on the rolls of the
Survey duly appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through the
use of contracts, grants, or cooperative agreements as defined in 31
U.S.C. 6302, et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of
royalties, as authorized by law; for enforcing laws and regulations
applicable to oil, gas, and other minerals leases, permits, licenses
and operating contracts; and for matching grants or cooperative
agreements; including the purchase of not to exceed eight passenger
motor vehicles for replacement only; $182,555,000, of which not less
than $74,063,000 shall be available for royalty management activities;
and an amount not to exceed $15,400,000 for the Technical Information
Management System and Related Activities of the Outer Continental Shelf
(OCS) Lands Activity, to be credited to this appropriation and to
remain available until expended, from additions to receipts resulting
from increases to rates in effect on August 5, 1993, from rate
increases to fee collections for OCS administrative activities
performed by the Minerals Management Service over and above the rates
in effect on September 30, 1993, and from additional fees for OCS
administrative activities established after September 30, 1993:
Provided, That $1,500,000 for computer acquisitions shall remain
available until September 30, 1998: Provided further, That funds
appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other provision
of law, $15,000 under this head shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or Tribes, or to
correct prior unrecoverable erroneous payments.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $6,440,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; $94,272,000, and notwithstanding 31
U.S.C. 3302, an additional amount shall be credited to this account, to
remain available until expended, from performance bond forfeitures in
fiscal year 1997: Provided, That the Secretary of the Interior,
pursuant to regulations, may utilize directly or through grants to
States, moneys collected in fiscal year 1997 for civil penalties
assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely
affected by coal mining practices after August 3, 1977, to remain
available until expended: Provided further, That appropriations for the
Office of Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement
sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $175,887,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which $4,000,000 shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage from coal
mines through the Appalachian Clean Streams Initiative: Provided, That
grants to minimum program States will be $1,500,000 per State in fiscal
year 1997: Provided further, That of the funds herein provided up to
$18,000,000 may be used for the emergency program authorized by section
410 of Public Law 95-87, as amended, of which no more than 25 per
centum shall be used for emergency reclamation projects in any one
State and funds for federally-administered emergency reclamation
projects under this proviso shall not exceed $11,000,000: Provided
further, That prior year unobligated funds appropriated for the
emergency reclamation program shall not be subject to the 25 per centum
limitation per State and may be used without fiscal year limitation for
emergency projects: Provided further, That pursuant to Public Law 97-
365, the Department of the Interior is authorized to use up to 20 per
centum from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts: Provided
further, That funds made available to States under title IV of Public
Law 95-87 may be used, at their discretion, for any required non-
Federal share of the cost of projects funded by the Federal Government
for the purpose of environmental restoration related to treatment or
abatement of acid mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and priorities
of the Surface Mining Control and Reclamation Act.
Bureau of Indian Affairs
operation of indian programs
For operation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts, and grants including expenses
necessary to provide education and welfare services for Indians, either
directly or in cooperation with States and other organizations,
including payment of care, tuition, assistance, and other expenses of
Indians in boarding homes, or institutions, or schools; grants and
other assistance to needy Indians; maintenance of law and order;
management, development, improvement, and protection of resources and
appurtenant facilities under the jurisdiction of the Bureau, including
payment of irrigation assessments and charges; acquisition of water
rights; advances for Indian industrial and business enterprises;
operation of Indian arts and crafts shops and museums; development of
Indian arts and crafts, as authorized by law; for the general
administration of the Bureau, including such expenses in field offices;
maintaining of Indian reservation roads as defined in 23 U.S.C. 101;
and construction, repair, and improvement of Indian housing,
$1,381,623,000, of which not to exceed $90,829,000 shall be for
payments to tribes and tribal organizations for contract support costs
associated with ongoing contracts or grants or compacts entered into
with the Bureau prior to fiscal year 1997, as authorized by the Indian
Self-Determination Act of 1975, as amended, and up to $5,000,000 shall
be for the Indian Self-Determination Fund, which shall be available for
the transitional cost of initial or expanded tribal contracts, grants,
compacts, or cooperative agreements with the Bureau under such Act; and
of which not to exceed $339,709,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 1997, and shall remain available until September
30, 1998; and of which not to exceed $55,838,000 for higher education
scholarships, adult vocational training, and assistance to public
schools under 25 U.S.C. 452 et seq., shall remain available until
September 30, 1998; and of which not to exceed $55,603,000 shall remain
available until expended for housing improvement, road maintenance,
attorney fees, litigation support, self-governance grants, the Indian
Self-Determination Fund, and the Navajo-Hopi Settlement Program:
Provided, That tribes and tribal contractors may use their tribal
priority allocations for unmet indirect costs of ongoing contracts,
grants or compact agreements: Provided further, That funds made
available to tribes and tribal organizations through contracts or
grants obligated during fiscal year 1997, as authorized by the Indian
Self-Determination Act of 1975, or grants authorized by the Indian
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain
available until expended by the contractor or grantee: Provided
further, That to provide funding uniformity within a Self-Governance
Compact, any funds provided in this Act with availability for more than
one year may be reprogrammed to one year availability but shall remain
available within the Compact until expended: Provided further, That
notwithstanding any other provision of law, Indian tribal governments
may, by appropriate changes in eligibility criteria or by other means,
change eligibility for general assistance or change the amount of
general assistance payments for individuals within the service area of
such tribe who are otherwise deemed eligible for general assistance
payments so long as such changes are applied in a consistent manner to
individuals similarly situated: Provided further, That any savings
realized by such changes shall be available for use in meeting other
priorities of the tribes: Provided further, That any net increase in
costs to the Federal Government which result solely from tribally
increased payment levels for general assistance shall be met
exclusively from funds available to the tribe from within its tribal
priority allocation: Provided further, That any forestry funds
allocated to a tribe which remain unobligated as of September 30, 1997,
may be transferred during fiscal year 1998 to an Indian forest land
assistance account established for the benefit of such tribe within the
tribe's trust fund account: Provided further, That any such unobligated
balances not so transferred shall expire on September 30, 1998:
Provided further, That notwithstanding any other provision of law, no
funds available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska in fiscal year 1997: Provided further,
That funds made available in this or any other Act for expenditure
through September 30, 1998 for schools funded by the Bureau shall be
available only to the schools in the Bureau school system as of
September 1, 1995: Provided further, That no funds available to the
Bureau shall be used to support expanded grades for any school beyond
the grade structure in place at each school in the Bureau school system
as of October 1, 1995: Provided further, That in fiscal year 1997 and
thereafter, notwithstanding the provisions of 25 U.S.C. 2012(h)(1) (A)
and (B), upon the recommendation of either (i) a local school board and
school supervisor for an education position in a Bureau of Indian
Affairs operated school, or (ii) an Agency school board and education
line officer for an Agency education position, the Secretary shall
establish adjustments to the rates of basic compensation or annual
salary rates established under 25 U.S.C. 2012(h)(1) (A) and (B) for
education positions at the school or the Agency, at a level not less
than that for comparable positions in the nearest public school
district, and the adjustment shall be deemed to be a change to basic
pay and shall not be subject to collective bargaining: Provided
further, That any reduction to rates of basic compensation or annual
salary rates below the rates established under 25 U.S.C. 2012(h)(1) (A)
and (B) shall apply only to educators appointed after June 30, 1997,
and shall not affect the right of an individual employed on June 30,
1997, in an education position, to receive the compensation attached to
such position under 25 U.S.C. 2012(h)(1) (A) and (B) so long as the
individual remains in the same position at the same school: Provided
further, That notwithstanding 25 U.S.C. 2012(h)(1)(B), when the rates
of basic compensation for teachers and counselors at Bureau-operated
schools are established at the rates of basic compensation applicable
to comparable positions in overseas schools under the Defense
Department Overseas Teachers Pay and Personnel Practices Act, such
rates shall become effective with the start of the next academic year
following the issuance of the Department of Defense salary schedule and
shall not be effected retroactively.
construction
For construction, major repair, and improvement of irrigation and
power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming,
and for construction of the Navajo Indian Irrigation Project pursuant
to Public Law 87-483, $85,831,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau
of Reclamation: Provided further, That not to exceed 6 per centum of
contract authority available to the Bureau of Indian Affairs from the
Federal Highway Trust Fund may be used to cover the road program
management costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall
be made available on a non-reimbursable basis: Provided further, That
for fiscal year 1997, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that are
provided to tribally controlled grant schools under Public Law 100-297,
as amended, the Secretary of the Interior shall use the Administrative
and Audit Requirements and Cost Principles for Assistance Programs
contained in 43 CFR part 12 as the regulatory requirements: Provided
further, That such grants shall not be subject to section 12.61 of 43
CFR; the Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided further,
That in considering applications, the Secretary shall consider whether
the Indian tribe or tribal organization would be deficient in assuring
that the construction projects conform to applicable building standards
and codes and Federal, tribal, or State health and safety standards as
required by 25 U.S.C. 2005(a), with respect to organizational and
financial management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f): Provided further, That any
disputes between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $65,241,000, to remain available
until expended; of which $56,400,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618, 102-374, 102-575, and for
implementation of other enacted water rights settlements, including not
to exceed $8,000,000, which shall be for the Federal share of the
Catawba Indian Tribe of South Carolina Claims Settlement, as authorized
by section 5(a) of Public Law 103-116; and of which $841,000 shall be
available pursuant to Public Laws 98-500, 99-264, and 100-580.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $34,615,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $500,000.
administrative provisions
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
the Technical Assistance of Indian Enterprises account, the Indian
Direct Loan Program account, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits, and purchase of
not to exceed 229 passenger motor vehicles, of which not to exceed 187
shall be for replacement only.
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $65,088,000, of which
(1) $61,239,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for 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 revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $3,849,000 shall be available for salaries
and expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or utilized by such governments, may be
audited by the General Accounting Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That of the amounts provided
for technical assistance, sufficient funding shall be made available
for a grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance improvement are
appropriated to institutionalize routine operations and maintenance
improvement of capital infrastructure in American Samoa, Guam, the
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia through assessments of long-range
operations maintenance needs, improved capability of local operations
and maintenance institutions and agencies (including management and
vocational education training), and project-specific maintenance (with
territorial participation and cost sharing to be determined by the
Secretary based on the individual territory's commitment to timely
maintenance of its capital assets): Provided further, That any
appropriation for disaster assistance under this head in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compacts of
Free Association, and for economic assistance and necessary expenses
for the Republic of Palau as provided for in sections 122, 221, 223,
232, and 233 of the Compact of Free Association, $23,638,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $53,691,000, of which not to exceed $7,500 may be for
official reception and representation expenses.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $35,208,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$24,439,000, together with any funds or property transferred to the
Office of Inspector General through forfeiture proceedings or from the
Department of Justice Assets Forfeiture Fund or the Department of the
Treasury Assets Forfeiture Fund, that represent an equitable share from
the forfeiture of property in investigations in which the Office of
Inspector General participated, with such transferred funds to remain
available until expended.
National Indian Gaming Commission
salaries and expenses
For necessary expenses of the National Indian Gaming Commission,
pursuant to Public Law 100-497, $1,000,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $19,126,000,
to remain available until expended for trust funds management:
Provided, That funds made available to tribes and tribal organizations
through contracts or grants obligated during fiscal year 1997, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of this Act,
concerning losses to or mismanagement of trust funds, until the
affected tribe or individual Indian has been furnished with an
accounting of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That unobligated
balances previously made available (1) to liquidate obligations owed
tribal and individual Indian payees of any checks canceled pursuant to
section 1003 of the Competitive Equality Banking Act of 1987 (Public
Law 100-86; 31 U.S.C. 3334(b)), (2) to restore Individual Indian Monies
trust funds, Indian Irrigation Systems, and Indian Power Systems
accounts amounts invested in credit unions or defaulted savings and
loan associations and which where not Federally insured, including any
interest on these amounts that may have been earned, but was not
because of the default, and (3) to reimburse Indian trust fund account
holders for losses to their respective accounts where the claim for
said loss has been reduced to a judgement or settlement agreement
approved by the Department of Justice, under the heading ``Indian Land
and Water Claim Settlements and Miscellaneous Payments to Indians'',
Bureau of Indian Affairs in fiscal years 1995 and 1996, are hereby
transferred to and merged with this appropriation and may only be used
for the operation of trust programs, in accordance with this
appropriation.
Administrative Provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no programs
funded with appropriated funds in ``Departmental Management'', ``Office
of the Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund or the Consolidated Working
Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities 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 available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oilspills; response and
natural resource damage assessment activities related to actual
oilspills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for emergency
rehabilitation and wildfire suppression activities, no funds shall be
made available under this authority until funds appropriated to
``Wildland Fire Management'' shall have been exhausted: Provided
further, That all funds used pursuant to this section are hereby
designated by Congress to be ``emergency requirements'' pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C.
Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of twelve months beginning at any time during
the fiscal year.
Sec. 107. Appropriations made in this title from the Land and Water
Conservation Fund for acquisition of lands and waters, or interests
therein, shall be available for transfer, with the approval of the
Secretary, between the following accounts: Bureau of Land Management,
Land acquisition, United States Fish and Wildlife Service, Land
acquisition, and National Park Service, Land acquisition and State
assistance. Use of such funds are subject to the reprogramming
guidelines of the House and Senate Committees on Appropriations.
Sec. 108. Prior to the transfer of Presidio properties to the
Presidio Trust, when authorized, the Secretary may not obligate in any
calendar month more than \1/12\ of the fiscal year 1997 appropriation
for operation of the Presidio: Provided, That prior to the transfer of
any Presidio property to the Presidio Trust, the Secretary shall
transfer such funds as the Trust deems necessary to initiate leasing
and other authorized activities of the Trust: Provided further, That
this section shall expire on September 30, 1997.
Sec. 109. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the Secretary of
the Interior for developing, promulgating, and thereafter implementing
a rule concerning rights-of-way under section 2477 of the Revised
Statutes.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of Northern,
Central, and Southern California; the North Atlantic; Washington and
Oregon; and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 111. No funds provided in this title may be expended by the
Department of the Interior for the conduct of leasing, or the approval
or permitting of any drilling or other exploration activity, on lands
within the North Aleutian Basin planning area.
Sec. 112. No funds provided in this title may be expended by the
Department of the Interior for the conduct of preleasing and leasing
activities in the Eastern Gulf of Mexico for Outer Continental Shelf
Lease Sale 151 in the Outer Continental Shelf Natural Gas and Oil
Resource Management Comprehensive Program, 1992-1997.
Sec. 113. No funds provided in this title may be expended by the
Department of the Interior for the conduct of preleasing and leasing
activities in the Atlantic for Outer Continental Shelf Lease Sale 164
in the Outer Continental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992-1997.
Sec. 114. There is hereby established in the Treasury a franchise
fund pilot, as authorized by section 403 of Public Law 103-356, to be
available as provided in such section for costs of capitalizing and
operating administrative services as the Secretary determines may be
performed more advantageously as central services: Provided, That any
inventories, equipment, and other assets pertaining to the services to
be provided by such fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations made prior to
the current year for the purpose of providing capital shall be used to
capitalize such fund: Provided further, That such fund shall be paid in
advance from funds available to the Department and other Federal
agencies for which such centralized services are performed, at rates
which will return in full all expenses of operation, including accrued
leave, depreciation of fund plant and equipment, amortization of
automatic data processing (ADP) software and systems (either acquired
or donated) and an amount necessary to maintain a reasonable operating
reserve, as determined by the Secretary: Provided further, That such
fund shall provide services on a competitive basis: Provided further,
That an amount not to exceed four percent of the total annual income to
such fund may be retained in the fund for fiscal year 1997 and each
fiscal year thereafter, to remain available until expended, to be used
for the acquisition of capital equipment, and for the improvement and
implementation of Department financial management, ADP, and other
support systems: Provided further, That no later than thirty days after
the end of each fiscal year amounts in excess of this reserve
limitation shall be transferred to the Treasury: Provided further, That
such franchise fund pilot shall terminate pursuant to section 403(f) of
Public Law 103-356.
Sec. 115. None of the funds in this Act or any other Act may be
used by the Secretary for the redesign of Pennsylvania Avenue in front
of the White House without the advance approval of the House and Senate
Committees on Appropriations.
TITLE II--RELATED AGENCIES
Department of Agriculture
forest service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $179,000,000, to remain available until September
30, 1998: Provided, That unobligated and unexpended balances remaining
in this account at the end of fiscal year 1996 shall be merged with and
made a part of the fiscal year 1997 Forest and Rangeland Research
appropriation.
state and private forestry
For necessary expenses of cooperating with, and providing technical
and financial assistance to States, Territories, possessions, and
others and for forest pest management activities, cooperative forestry
and education and land conservation activities, $148,884,000 to remain
available until expended, as authorized by law.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, for ecosystem planning, inventory, and
monitoring, and for administrative expenses associated with the
management of funds provided under the heads ``Forest and Rangeland
Research,'' ``State and Private Forestry,'' ``National Forest System,''
``Wildland Fire Management,'' ``Reconstruction and Construction,'' and
``Land Acquisition,'' $1,259,057,000 (reduced by $1,000,000) to remain
available for obligation until September 30, 1998, and including 50 per
centum of all monies received during the prior fiscal year as fees
collected under the Land and Water Conservation Fund Act of 1965, as
amended, in accordance with section 4 of the Act (16 U.S.C. 4601-
6a(i)): Provided, That unobligated and unexpended balances in the
National Forest System account at the end of fiscal year 1996, shall be
merged with and made a part of the fiscal year 1997 National Forest
System appropriation, and shall remain available for obligation until
September 30, 1998: Provided further, That up to $5,000,000 of the
funds provided herein for road maintenance shall be available for the
planned obliteration of roads which are no longer needed.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned over National Forest System
lands, $411,485,000, to remain available until expended: Provided, That
unexpended balances of amounts previously appropriated under any other
headings for Forest Service fire activities are transferred to and
merged with this appropriation and subject to the same terms and
conditions: Provided further, That such funds are available for
repayment of advances from other appropriations accounts previously
transferred for such purposes.
reconstruction and construction
For necessary expenses of the Forest Service, not otherwise
provided for, $164,100,000, to remain available until expended for
construction, reconstruction and acquisition of buildings and other
facilities, and for construction, reconstruction and repair of forest
roads and trails by the Forest Service as authorized by 16 U.S.C. 532-
538 and 23 U.S.C. 101 and 205: Provided, That not to exceed
$50,000,000, to remain available until expended, may be obligated for
the construction of forest roads by timber purchasers: Provided
further, That funds appropriated under this head for the construction
of the Wayne National Forest Supervisor's Office may be granted to the
Ohio State Highway Patrol, Ohio State Department of Transportation, as
the Federal share of the cost of construction of a new facility to be
jointly occupied by the Forest Service and the Ohio State Highway
Patrol: Provided further, That an agreed upon lease of space in the new
facility shall be provided to the Forest Service without charge for the
life of the building.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 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, $30,000,000, to be derived from the
Land and Water Conservation Fund, to remain available until expended:
Provided, That funding for specific land acquisitions are subject to
the approval of the House and Senate Committees on Appropriations.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,069,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, to be derived from funds deposited by
State, county, or municipal governments, public school districts, or
other public school authorities pursuant to the Act of December 4,
1967, as amended (16 U.S.C. 484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 per centum of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the sixteen Western States, pursuant to section
401(b)(1) of Public Law 94-579, as amended, to remain available until
expended, of which not to exceed 6 per centum shall be available for
administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 159 passenger
motor vehicles of which 14 will be used primarily for law enforcement
purposes and of which 149 shall be for replacement; acquisition of 10
passenger motor vehicles from excess sources, and hire of such
vehicles; operation and maintenance of aircraft, the purchase of not to
exceed two for replacement only, and acquisition of 20 aircraft from
excess sources; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(b) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (c) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (d)
acquisition of land, waters, and interests therein, pursuant to 7
U.S.C. 428a; (e) for expenses pursuant to the Volunteers in the
National Forest Act of 1972 (16 U.S.C 558a, 558d, 558a note); and (f)
for debt collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to change the boundaries of any region, to abolish any
region, to move or close any regional office, or to implement any
reorganization, ``reinvention'' or other type of organizational
restructuring of the Forest Service without the consent of the House
and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service may be
advanced to the Wildland Fire Management appropriation and may be used
for forest firefighting and the emergency rehabilitation of burned-over
lands under its jurisdiction.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance, education
and training, and cooperation with United States and international
organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C 147b unless the proposed transfer is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 103-551.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures
contained in House Report 103-551.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
Notwithstanding any other provision of the law, any appropriations
or funds available to the Forest Service may be used to disseminate
program information to private and public individuals and organizations
through the use of nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur necessary expenses for
the nonmonetary recognition of private individuals and organizations
that make contributions to Forest Service programs.
Notwithstanding any other provision of law, money collected, in
advance or otherwise, by the Forest Service under authority of section
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of
administrative and other costs incurred in processing pipeline right-
of-way or permit applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination of any pipeline
and related facilities, may be used to reimburse the applicable
appropriation to which such costs were originally charged.
Funds available to the Forest Service shall be available to conduct
a program of not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93-408.
None of the funds available in this Act shall be used for timber
sale preparation using clearcutting in hardwood stands in excess of 25
percent of the fiscal year 1989 harvested volume in the Wayne National
Forest, Ohio: Provided, That this limitation shall not apply to
hardwood stands damaged by natural disaster: Provided further, That
landscape architects shall be used to maintain a visually pleasing
forest.
Any money collected from the States for fire suppression assistance
rendered by the Forest Service on non-Federal lands not in the vicinity
of National Forest System lands shall be used to reimburse the
applicable appropriation and shall remain available until expended as
the Secretary may direct in conducting activities authorized by 16
U.S.C. 2101 (note), 2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Notwithstanding any other provision of law, the Forest Service is
authorized to employ or otherwise contract with persons at regular
rates of pay, as determined by the Service, to perform work occasioned
by emergencies such as fires, storms, floods, earthquakes or any other
unavoidable cause without regard to Sundays, Federal holidays, and the
regular workweek.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even aged management in hardwood
stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, funds
up to $1,000,000 for matching funds shall be available for the National
Forest Foundation.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the National Forest System and
Construction accounts and planned to be allocated to activities under
the ``Jobs in the Woods'' program for projects on National Forest land
in the State of Washington may be granted directly to the Washington
State Department of Fish and Wildlife for accomplishment of planned
projects. Twenty percent of said funds shall be retained by the Forest
Service for planning and administering projects. Project selection and
prioritization shall be accomplished by the Forest Service with such
consultation with the State of Washington as the Forest Service deems
appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
DEPARTMENT OF ENERGY
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environmental
costs (30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany Research Center in Oregon,
$354,754,000, to remain available until expended: Provided, That no
part of the sum herein made available shall be used for the field
testing of nuclear explosives in the recovery of oil and gas.
alternative fuels production
(including transfer and rescission of funds)
Monies received as investment income on the principal amount in the
Great Plains Project Trust at the Norwest Bank of North Dakota, in such
sums as are earned as of October 1, 1996, shall be deposited in this
account and immediately transferred to the General Fund of the
Treasury. Monies received as revenue sharing from the operation of the
Great Plains Gasification Plant shall be immediately transferred to the
General Fund of the Treasury. Funds are hereby rescinded in the amount
of $2,500,000 from unobligated balances under this head.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and oil
shale reserve activities, $143,786,000 (reduced by $11,764,000), to
remain available until expended: Provided, That the requirements of 10
U.S.C. 7430(b)(2)(B) shall not apply to fiscal year 1997.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $507,680,000 (increased by $11,764,000) (increased by
$4,000,000), to remain available until expended, including,
notwithstanding any other provision of law, the excess amount for
fiscal year 1997 determined under the provisions of section 3003(d) of
Public Law 99-509 (15 U.S.C. 4502): Provided, That $125,000,000
(increased by $11,764,000) shall be for use in energy conservation
programs as defined in section 3008(3) of Public Law 99-509 (15 U.S.C.
4507) and shall not be available until excess amounts are determined
under the provisions of section 3003(d) of Public Law 99-509 (15 U.S.C.
4502): Provided further, That notwithstanding section 3003(d)(2) of
Public Law 99-509 such sums shall be allocated to the eligible programs
as follows: $100,000,000 (increased by $11,764,000) for weatherization
assistance grants and $25,000,000 for State energy conservation grants.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearing and Appeals, $2,725,000, to remain available until expended.
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $220,000,000, to remain available until expended,
of which $220,000,000 shall be repaid from the ``SPR Operating Fund''
from amounts made available from the sale of oil from the Reserve.
spr petroleum account
Notwithstanding 42 U.S.C. 6240(d) the United States share of crude
oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or
otherwise disposed of to other than the Strategic Petroleum Reserve:
Provided, That outlays in fiscal year 1997 resulting from the use of
funds in this account shall not exceed $5,000,000.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $66,120,000 to remain available until
expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made
to other agencies of the Government for the performance of work for
which the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State,
private or foreign: Provided, That revenues and other moneys received
by or for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects of the
Department appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing entities
as provided in appropriate cost-sharing contracts or agreements:
Provided further, That the remainder of revenues after the making of
such payments shall be covered into the Treasury as miscellaneous
receipts: Provided further, That any contract, agreement, or provision
thereof entered into by the Secretary pursuant to this authority shall
not be executed prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in session
because of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full comprehensive
report on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $1,779,561,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) for services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the
time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That $12,000,000 shall remain available
until expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $353,125,000 for contract medical care shall
remain available for obligation until September 30, 1998: Provided
further, That of the funds provided, not less than $11,306,000 shall be
used to carry out the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That funds
provided in this Act may be used for one-year contracts and grants
which are to be performed in two fiscal years, so long as the total
obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act (exclusive of planning, design, or construction of new
facilities): Provided further, That of the funds provided, $7,500,000
shall remain available until expended, for the Indian Self-
Determination Fund, which shall be available for the transitional costs
of initial or expanded tribal contracts, 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 the Indian Health Care Improvement Act (25 U.S.C. 1613) shall
remain available for obligation until September 30, 1998: Provided
further, That amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be reported
and accounted for and available to the receiving tribes and tribal
organizations until expended.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and 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, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $227,701,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefore as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with the functions or activities for which
the appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities: Provided,
That in accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-53) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation Facilities
Act) and Public Law 93-638, as amended: Provided further, That funds
appropriated to the Indian Health Service in this Act, except those
used for administrative and program direction purposes, shall not be
subject to limitations directed at curtailing Federal travel and
transportation: Provided further, That the Indian Health Service shall
neither bill nor charge those Indians who may have the economic means
to pay unless and until such time as Congress has agreed upon a
specific policy to do so and has directed the Indian Health Service to
implement such a policy: Provided further, That notwithstanding any
other provision of law, funds previously or herein made available to a
tribe or tribal organization through a contract, grant, or agreement
authorized by title I or title III of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may be deobligated
and reobligated to a self-determination contract under title I, or a
self-governance agreement under title III of such Act and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and enacted
into law: Provided further, That funds made available in this Act are
to be apportioned to the Indian Health Service as appropriated in this
Act, and accounted for in the appropriation structure set forth in this
Act: Provided further, That funds received from any source, including
tribal contractors and compactors for previously transferred functions
which tribal contractors and compactors no longer wish to retain, for
services, goods, or training and technical assistance, shall be
retained by the Indian Health Service and shall remain available until
expended by the Indian Health Service: Provided further, That
reimbursements for training, technical assistance, or services provided
by the Indian Health Service will contain total costs, including
direct, administrative, and overhead associated with the provision of
goods, services, or technical assistance: Provided further, That the
appropriation structure for the Indian Health Service may not be
altered without advance approval of the House and Senate Committees on
Appropriations.
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
indian education
For necessary expenses to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education
Act of 1965, as amended, and section 215 of the Department of Education
Organization Act, $52,500,000.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $20,345,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56, part A), $5,500,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed thirty years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental,
repair, and cleaning of uniforms for employees; $317,188,000, of which
not to exceed $31,664,000 for the instrumentation program, collections
acquisition, Museum Support Center equipment and move, exhibition
reinstallation, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain available
until expended, and including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for the
Council of American Overseas Research Centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $3,250,000, to remain available until
expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings owned
or occupied by the Smithsonian Institution, by contract or otherwise,
as authorized by section 2 of the Act of August 22, 1949 (63 Stat.
623), including not to exceed $10,000 for services as authorized by 5
U.S.C. 3109, $39,954,000, to remain available until expended: Provided,
That contracts awarded for environmental systems, protection systems,
and exterior repair or restoration of buildings of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
construction
For necessary expenses for construction, $7,000,000, to remain
available until expended.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose 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, $53,899,000, of which not to exceed $3,026,000 for the special
exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $5,942,000, to
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.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $10,875,000.
construction
For necessary expenses of capital repair and rehabilitation of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $9,000,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $82,734,000, shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts through assistance to
organizations and individuals pursuant to section 5(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$16,760,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the Chairman or by grantees of the Endowment under
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been 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, $92,994,000 shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$11,500,000, to remain available until expended, of which $7,500,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the Chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Institute of Museum Services
grants and administration
For carrying out title II of the Arts, Humanities, and Cultural
Affairs Act of 1976, as amended, $21,000,000, to remain available until
expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $867,000.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956(a)), as amended, $6,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,500,000: Provided,
That none of these funds shall be available for the compensation of
Executive Level V or higher position.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C 71-71i), including services as
authorized by 5 U.S.C. 3109, $5,390,000: Provided, That all appointed
members will be compensated at a rate not to exceed the rate for
Executive Schedule Level IV.
Franklin Delano Roosevelt Memorial Commission
salaries and expenses
For necessary expenses of the Franklin Delano Roosevelt Memorial
Commission, established by the Act of August 11, 1955 (69 Stat. 694),
as amended by Public Law 92-332 (86 Stat. 401), $125,000.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $29,707,000, of which
$1,575,000 for the Museum's repair and rehabilitation program and
$1,264,000 for the Museum's exhibitions program shall remain available
until expended.
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
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive Order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which congressional action is
not complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available
in this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 1995.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal
of the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. Where the actual costs of construction projects under
self-determination contracts, compacts, or grants, pursuant to Public
Laws 93-638, 103-413, or 100-297, are less than the estimated costs
thereof, use of the resulting excess funds shall be determined by the
appropriate Secretary after consultation with the tribes.
Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of
funds to tribes and tribal organizations under annual funding
agreements pursuant to section 108 of Public Law 93-638, as amended,
may be made on the first business day following the first day of a
fiscal quarter.
Sec. 312. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program, unless
the relevant agencies of the Department of the Interior and/or
Agriculture follow appropriate reprogramming guidelines: Provided, That
if no funds are provided for the AmeriCorps program by the VA-HUD and
Independent Agencies fiscal year 1997 appropriations bill, then none of
the funds appropriated or otherwise made available by this Act may be
used for the AmeriCorps programs.
Sec. 313. None of the funds made available in this Act may be used
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is
made known to the Federal official having authority to obligate or
expend such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 314. (a) None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to accept
or process applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) The provisions of subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim concerned: (1)
a patent application was filed with the Secretary on or before
September 30, 1994, and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the
case may be, were fully complied with by the applicant by that date.
(c) Processing Schedule.--For those applications for patents
pursuant to subsection (b) which were filed with the Secretary of the
Interior, prior to September 30, 1994, the Secretary of the Interior
shall--
(1) Within three months of the enactment of this Act, file
with the House and Senate Committees on Appropriations and the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate a plan which details how the Department of the Interior
will make a final determination as to whether or not an
applicant is entitled to a patent under the general mining laws
on at least 90 percent of such applications within five years
of the enactment of this Act and file reports annually
thereafter with the same committees detailing actions taken by
the Department of the Interior to carry out such plan; and
(2) Take such actions as may be necessary to carry out such
plan.
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims
or mill sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 315. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of acquiring lands
in the counties of Lawrence, Monroe, or Washington, Ohio, for the Wayne
National Forest.
Sec. 316. Of the funds provided to the National Endowment for the
Arts:
(a) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State, regional or local group, may be used to make a
grant to any other organization or individual to conduct
activity independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in exchange for
goods and services.
(c) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 317. The United States Forest Service approval of Alternative
site 2 (ALT 2), issued on December 6, 1993, is hereby authorized and
approved and shall be deemed to be consistent with, and permissible
under, the terms of Public Law 100-696 (the Arizona-Idaho Conservation
Act of 1988).
Sec. 318. None of the funds made available to the Department of the
Interior or the Department of Agriculture by this or any other Act may
be used to issue or implement final regulations, rules, or policies
pursuant to title VIII of the Alaska National Interest Lands
Conservation Act to assert jurisdiction, management, or control over
navigable waters transferred to the State of Alaska pursuant to the
Submerged Lands Act of 1953 or the Alaska Statehood Act of 1959.
Sec. 319. No funds appropriated under this or any other Act shall
be used to review or modify sourcing areas previously approved under
section 490(c)(3) of the Forest Resources Conservation and Shortage
Relief Act of 1990 (Public Law 101-382) or to enforce or implement
Federal regulations 36 CFR part 223 promulgated on September 8, 1995.
The regulations and interim rules in effect prior to September 8, 1995
(36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 subpart D, 36 CFR 223 subpart
F, and 36 CFR 261.6) shall remain in effect. The Secretary of
Agriculture or the Secretary of the Interior shall not adopt any
policies concerning Public Law 101-382 or existing regulations that
would restrain domestic transportation or processing of timber from
private lands or impose additional accountability requirements on any
timber. The Secretary of Commerce shall extend until September 30,
1997, the order issued under section 491(b)(2)(A) of Public Law 101-382
and shall issue an order under section 491(b)(2)(B) of such law that
will be effective October 1, 1997.
Sec. 320. Section 101(c) of Public Law 104-134 is amended as
follows: Under the heading ``Title III--General Provisions'' amend
section 315(f) by striking ``September 30, 1998'' and inserting in lieu
thereof ``September 30, 1999'' and by striking ``September 30, 2001''
and inserting in lieu thereof ``September 30, 2002''.
Sec. 321. None of the amounts made available by this Act may be
used for design, planning, implementation, engineering, construction,
or any other activity in connection with a scenic shoreline drive in
Pictured Rocks National Lakeshore.
Sec. 322. None of the funds made available in this Act may be used
by the Bureau of Indian Affairs to transfer any land into trust under
section 5 of the Indian Reorganization Act (25 U.S.C. 465), or any
other Federal statute that does not explicitly denominate and identify
a specific tribe or specific property, except when it is made known to
the Federal official having authority to obligate or expend such funds
that--
(1) a binding agreement is in place between the tribe that
will have jurisdiction over the land to be taken into trust and
the appropriate State and local officials; and
(2) such agreement provides, for as long as the land is
held in trust, for the collection and payment, by any retail
establishment located on the land to be taken into trust, of
State and local sales and excise taxes, including any special
tax on motor fuel, tobacco, or alcohol, on any retail item sold
to any nonmember of the tribe for which the land is held in
trust, or an agreed upon payment in lieu of such taxes.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 1997''.
Passed the House of Representatives June 20, 1996.
Attest:
Clerk.