[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2107 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 18, 1997.
Resolved, That the bill from the House of Representatives (H.R.
2107) entitled ``An Act making appropriations for the Department of the
Interior and related agencies for the fiscal year ending September 30,
1998, and for other purposes'', do pass with the following
AMENDMENTS:
(1)Page 2, line 17, strike out [$581,591,000] and insert: $578,851,000
(2)Page 3, line 4, strike out [$27,300,000] and insert: $27,650,000
(3)Page 3, line 9, strike out [$581,591,000] and insert: $578,851,000
(4)Page 3, line 23, strike out [$280,103,000] and insert: $282,728,000
(5)Page 3, line 24, strike out [$5,025,000] and insert: $6,950,000
(6)Page 4, line 13, strike out [$12,000,000] and insert: $14,900,000
(7)Page 5, line 3, strike out [$3,254,000] and insert: $3,154,000
(8)Page 5, line 8, strike out [$113,500,000] and insert: $124,000,000
(9)Page 5, line 17, strike out [$12,000,000] and insert: $8,600,000
(10)Page 6, after line 11, insert:
forest ecosystems health and recovery
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, and monitoring salvage
timber sales and forest ecosystem health and recovery activities such
as release from competing vegetation and density control treatments.
The Federal share of receipts derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
(11)Page 9, line 20, strike out [$591,042,000] and insert: $585,064,000
(12)Page 10, line 6, strike out all after ``expended'' down to and
including ``amended'' in line 9 and insert: : Provided, That the
proviso under this heading in Public Law 104-208 is amended by striking
the words ``Education and'' and inserting in lieu thereof
``Conservation'', by striking the word ``direct'' and inserting in lieu
thereof the word ``full'', and by inserting before the period ``, to
remain available until expended''
(13)Page 10, line 6, strike out all after ``expended'' down to and
including ``amended'' in line 9 and insert: : Provided further, That
the Bureau of Reclamation transfers to the Fish and Wildlife Service
for the Recovery Implementation Program for Endangered Fish Species in
the Upper Colorado River Basin shall be exempt from any Fish and
Wildlife Service overhead charge
(14)Page 10, line 15, strike out [$40,256,000] and insert: $42,053,000
(15)Page 10, line 25, strike out [$4,128,000] and insert: $4,328,000
(16)Page 11, line 5, after ``expended,'''' insert: : Provided further,
That the first proviso under this heading in Public Law 103-138 is
amended by inserting after ``account'' the following: ``, including
transfers to Federal trustees and payments to non-Federal trustees,''
(17)Page 11, line 12, strike out [$53,000,000] and insert: $57,292,000
(18)Page 11, line 23, strike out [$10,000,000] and insert: $10,779,000
(19)Page 12, line 6, strike out [$10,500,000] and insert: $13,000,000
(20)Page 14, line 20, strike out [$2,500,000] and insert: $1,593,000
(21)Page 14, line 25, strike out [$1,232,325,000] and insert:
$1,250,429,000
(22)Page 15, line 13, strike out all after ``for,'' down to and
including ``is'' on line 16 and insert: $45,284,000
(23)Page 15, line 21, strike out [$40,412,000] and insert: $39,812,000
(24)Page 15, line 23, after ``1999'' insert: , of which $3,200,000
pursuant to section 507 of Public Law 104-333 shall remain available
until expended
(25)Page 15, line 26, after ``facilities'' insert: , including the
modifications authorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989,
(26)Page 15, line 26, strike out [$148,391,000] and insert:
$173,444,000
(27)Page 16, line 1, strike out all after ``expended'' down to and
including ``470A'' in line 4 and insert: : Provided, That $500,000 for
the Darwin Martin House in Buffalo, New York and $500,000 for the Penn
Center, South Carolina, shall be derived from the Historic Preservation
Fund pursuant to 16 U.S.C. 470a: Provided further, That $3,000,000 for
the Hispanic Cultural Center, New Mexico, is subject to authorization:
Provided further, That $5,000,000 for the Oklahoma City Bombing
Memorial is subject to authorization: Provided further, That none of
the funds provided in this Act may be used to relocate the Brooks River
Lodge in Katmai National Park and Preserve from its current physical
location
(28)Page 16, after line 4, insert:
(reprogramming)
Of unobligated amounts previously made available for the Jefferson
National Expansion Memorial, $838,000 shall be made available for the
U-505 National Historic Landmark.
(29)Page 16, line 15, strike out [$129,000,000] and insert:
$126,690,000
(30)Page 16, line 17, strike out all after ``expended'' down to and
including ``program'' in line 18
(31)Page 16, line 22, strike out all after ``Congress'' down to and
including ``Forest'' in line 24 and insert: : Provided further, That
from the funds made available for land acquisition at Everglades
National Park and Big Cypress National Preserve, the Secretary may
provide for Federal assistance to the State of Florida for the
acquisition of lands or waters, or interests therein, within the
Everglades watershed (consisting of lands and waters within the
boundaries of the South Florida Water Management District, Florida Bay
and the Florida Keys) under terms and conditions deemed necessary by
the Secretary, to improve and restore the hydrological function of the
Everglades watershed: Provided further, That the Secretary may provide
such funds to the State of Florida for acquisitions within Stormwater
Treatment Area 1-E, including reimbursement for lands or waters, or
interests therein, within Stormwater Treatment Area 1-E acquired by the
State of Florida prior to the enactment of this Act: Provided further,
That funds provided under this head to the State of Florida shall be
subject to an agreement that such lands will be managed in perpetuity
for the restoration of the Everglades
(32)Page 18, line 24, strike out [$755,795,000] and insert:
$758,160,000
(33)Page 19, line 5, after ``industries'' insert: ; and of which
$2,000,000 shall remain available until expended for development of a
mineral and geologic database
(34)Page 19, line 5, strike out [$147,794,000] and insert: $147,159,000
(35)Page 19, line 15, after ``municipalities'' insert: : Provided
further, That hereafter the United States Geological Survey may
disperse to local entities Payment in Lieu of Taxes impact funding
appropriated to the Fish and Wildlife Service pursuant to the Refuge
Revenue Sharing Act that is associated with Federal real property being
transferred to the United States Geological Survey from the United
States Fish and Wildlife Service
(36)Page 21, line 4, strike out [$139,621,000] and insert: $135,722,000
(37)Page 21, line 5, strike out [$70,874,000] and insert: $66,175,000
(38)Page 21, strike out all after line 6 down to and including
``Program,'' in line 8
(39)Page 21, line 16, strike out [$1,500,000] and insert: $3,000,000
(40)Page 22, line 18, strike out [$94,937,000] and insert: $97,437,000
(41)Page 23, line 13, strike out [$179,624,000] and insert:
$177,624,000
(42)Page 26, line 5, strike out [$1,526,815,000] and insert:
$1,529,024,000
(43)Page 26, line 22, strike out [$59,775,000] and insert: $59,479,000
(44)Page 29, line 20, after ``funds'' insert: : Provided further, That
tribes may use tribal priority allocations funds for the replacement
and repair of school facilities which are in compliance with 25 U.S.C.
2005(a), so long as such replacement or repair is approved by the
Secretary and completed with non-Federal tribal and/or tribal priority
allocations funds
(45)Page 30, line 2, strike out [$110,751,000] and insert: $125,051,000
(46)Page 31, line 16, strike out [$41,352,000] and insert: $43,352,000
(47)Page 31, line 17, strike out [$40,500,000] and insert: $42,000,000
(48)Page 31, line 24, strike out [$852,000] and insert: $1,352,000
(49)Page 31, line 25, after ``99-264'' insert: , 100-383, 103-402,
(50)Page 33, line 16, strike out [$68,214,000] and insert: $67,214,000
(51)Page 33, line 16, strike out [$64,365,000] and insert: $63,365,000
(52)Page 35, line 25, strike out [$20,445,000] and insert: $20,545,000
(53)Page 36, line 17, strike out [$24,439,000] and insert: $24,500,000
(54)Page 36, strike out lines 20 through 22, and insert:
For necessary expenses of the National Indian Gaming Commission,
pursuant to Public Law 100-497, $1,000,000, to remain available until
expended.
(55)Page 37, line 5, strike out [$32,126,000] and insert: $35,689,000
(56)Page 37, line 6, strike out [for trust funds management]
(57)Page 42, strike out lines 5 through 10.
(58)Page 42, line 21, strike out all after ``of'' down to and including
``activity,'' on line 22 and insert: offshore oil and natural gas
preleasing, leasing, and related activities
(59)Page 43, strike out lines 10 through 24 and insert:
Sec. 112. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450, et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501, et seq.)
may be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are--
(a) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States, or
(b) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the Funds, even in the
event of a bank failure.
(60)Page 44, strike out lines 1 through 20 and insert:
Sec. 113. (a) Employees of Helium Operations, Bureau of Land
Management, entitled to severance pay under 5 U.S.C. 5595, may apply
for, and the Secretary of the Interior may pay, the total amount of the
severance pay to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the Federal Government
shall be subject to the repayment provisions of 5 U.S.C. 5595(i) (2)
and (3), except that any repayment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the
required employee contribution under 5 U.S.C. 8905a(d)(1)(A). The
Helium Fund shall pay for 18 months the remaining portion of required
contributions.
(c) The Secretary of the Interior may provide for training to
assist Helium Operations employees in the transition to other Federal
or private sector jobs during the facility shut-down and disposition
process and for up to 12 months following separation from Federal
employment, including retraining and relocation incentives on the same
terms and conditions as authorized for employees of the Department of
Defense in section 348 of the National Defense Authorization Act for
Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions of 5
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and
other related Helium Program activities shall be deemed to create an
exigency of public business under, and annual leave that is lost during
leave years 1997 through 2001 because of, 5 U.S.C. 6304 (regardless of
whether such leave was scheduled in advance) shall be restored to the
employee and shall be credited and available in accordance with 5
U.S.C. 6304(d)(2). Annual leave so restored and remaining unused upon
the transfer of a Helium Program employee to a position of the
executive branch outside of the Helium Program shall be liquidated by
payment to the employee of a lump-sum from the Helium Fund for such
leave.
(e) Benefits under this section shall be paid from the Helium Fund
in accordance with section 4(c)(4) of the Helium Privatization Act of
1996. Funds may be made available to Helium Program employees who are
or will be separated before October 1, 2002 because of the cessation of
helium production and sales and other related activities. Retraining
benefits, including retraining and relocation incentives, may be paid
for retraining commencing on or before September 30, 2002.
(61)Page 44, strike out lines 21 through 25
(62)Page 44, after line 25, insert:
Sec. 115. (a) Conveyance Requirement.--Within 90 days after the
date of enactment of this Act, the Secretary of the Interior shall
convey to the State of West Virginia without reimbursement, all right,
title, and interest of the United States in and to the property
described in subsection (b), for sole use by the Wildlife Resources
Section of the West Virginia Division of Natural Resources, as part of
the State of West Virginia fish culture program.
(b) Property Described.--The property referred to in subsection (a)
is the property known as the Bowden National Fish Hatchery, located on
old United States route 33, Randolph County, West Virginia, consisting
of 44 acres (more or less), and all improvements and related personal
property under the control of the Secretary that is located on that
property, including buildings, structures, equipment, and all
easements, leases, and water rights relating to that property.
(c) Use and Reversionary Interest.--The property conveyed to the
State of West Virginia pursuant to this section shall be used and
operated solely by the Wildlife Resources Section of the West Virginia
Division of Natural Resources for the purposes of fishery resources
management and fisheries related activities, and if it is used for any
other purposes or by any other party other than the use authorized
under subsection (a), all right, title, and interest in and to all
property conveyed under this section shall revert to the United States.
The State of West Virginia shall ensure that the property reverting to
the United States is in substantially the same or better condition as
at the time of transfer.
(63)Page 44, after line 25, insert:
Sec. 116. Section 115 of Public Law 103-332 is amended by inserting
after the word ``title'' the following: ``or provided from other
Federal agencies through reimbursable or other agreements pursuant to
the Economy Act''.
(64)Page 44, after line 25, insert:
Sec. 117. The third proviso under the heading ``Compact of Free
Association'' of Public Law 100-446 is amended by striking
``$2,000,000'' and inserting ``$2,500,000'' and by adding at the end of
the proviso the following: ``and commencing on October 1, 1998 and
every year thereafter, this dollar amount shall be changed to reflect
any fluctuation occurring during the previous twelve (12) months in the
Consumer Price Index, as determined by the Secretary of Labor''.
(65)Page 44, after line 25, insert:
Sec. 118. Any funds made available in this Act or any other Act for
tribal priority allocations (hereinafter in this section ``TPA'') in
excess of the funds expended for TPA in fiscal year 1997 (adjusted for
fixed costs, internal transfers pursuant to other law, and proposed
increases to formula driven programs not included in tribes' TPA base)
shall only be available for distribution--
(1) to each tribe to the extent necessary to provide that
tribe the minimum level of funding recommended by the Joint/
Tribal/BIA/DOI Task Force on Reorganization of the Bureau of
Indian Affairs Report of 1994 (hereafter ``the 1994 Report'')
not to exceed $160,000 per tribe; and
(2) to the extent funds remain, such funds will be
allocated according to the recommendations of a task force
comprised of 2 representatives from each BIA area. These
representatives shall be selected by the Secretary with the
participation of the tribes following procedures similar to
those used in establishing the Joint/Tribal/BIA/DOI Task Force
on Reorganization of the Bureau of Indian Affairs. In
determining the allocation of remaining funds, the task force
shall consider the recommendations and principles contained in
the 1994 Report. If the task force cannot agree on a
distribution by January 31, 1998, the Secretary shall
distribute the remaining funds based on the recommendations of
a majority of Task Force members no later than February 28,
1998.
(66)Page 44, after line 25, insert:
Sec. 119. Section 116 of the Omnibus Appropriations Act for Fiscal
Year 1997 (Public Law 104-208; 110 Stat. 3009-201) is amended--
(1) by striking ``Miners Hospital Grant'' each place it
appears and inserting in lieu thereof ``Miners Hospital
Grants'';
(2) by striking ``(February 20, 1929, 45 Stat. 1252)'' each
place it appears and inserting in lieu thereof ``(July 16,
1894, 28 Stat. 110 and February 20, 1929, 45 Stat. 1252)''; and
(3) by striking ``(July 26, 1894, 28 Stat. 110)'' each
place it appears and inserting in lieu thereof ``(July 16,
1894, 28 Stat. 110)''.
(67)Page 44, after line 25, insert:
Sec. 120. Kantishna Mining Claims.--Notwithstanding any other
provision of law, on October 1, 1998, there is hereby vested in the
United States all right, title, and interest in and to, and the right
of immediate possession of, all patented mining claims and valid
unpatented mining claims (including any unpatented claim whose validity
is in dispute, so long as such validity is later established in a
settlement or judgement pursuant to this section) in the Kantishna
Mining District within Denali National Park and Preserve whose owners
consent in writing to this action within said 120 day period: Provided,
That in the event a bankruptcy trustee is an owner in interest in a
mining claim in the Kantishna Mining District, that consent will be
deemed timely for purposes of this section if the trustee applies
within said 120 day period to the bankruptcy court for authority to
sell the mining claim and to consent to the taking of such claim, and
that in such event title shall vest in the United States 10 days after
entry of an unstayed order or judgement approving the trustee's
application: Provided further, That the United States shall pay just
compensation to the owners of any property taken pursuant to this
section, determined as of the date of taking: Provided further, That
payment shall be in the amount of a negotiated settlement of the value
of such property or the valuation of such property awarded by judgment
and shall be made solely from the permanent judgment appropriation
established pursuant to section 1304 of title 31, United States Code,
and shall include accrued interest on the amount of the agreed
settlement value or the final judgment from the date of taking to the
date of payment, calculated in accordance with section 258e-1 of title
40, United States Code, except that interest shall not be allowed on
such amounts as shall have been paid into the court registry: Provided
further, That the United States or the property owner may initiate
proceedings at any time after said 120 day period seeking a
determination of just compensation in the District Court for the
District of Alaska pursuant to sections 1358 and 1403 of title 28,
United States Code: Provided further, That the United States shall
deposit in the registry of the court the estimated just compensation,
or at least seventy-five percent thereof, in accordance with the
procedures generally described in section 258a of title 40, United
States Code not otherwise inconsistent with this section: Provided
further, That in establishing any estimate (other than an estimate
based on an agency-certified appraisal made prior to the date of
enactment of this Act) the Secretary of the Interior shall permit the
property owner to present evidence of the value of the property,
including potential mineral value, and shall consider such evidence and
permit the property owner to have a reasonable and sufficient
opportunity to comment on such estimate: Provided further, That the
estimated just compensation or part thereof deposited in the court
registry shall be paid to the property owner upon request: Provided
further, That any payment from the court registry to the property owner
shall be deducted from any negotiated settlement or award by judgement:
Provided further, That the United States may not request the court to
withhold any payment from the court registry or pursue any claim for
environmental remediation with respect to such property until 30 days
after a negotiated settlement or award by judgement with respect to
such property has been reached and payment has been made: Provided
further, That the Secretary shall not allow any unauthorized use of
property acquired pursuant to this section after the date of taking,
and the Secretary shall permit the orderly termination of all operation
on the lands and the removal of equipment, facilities, and personal
property.
(68)Page 44, after line 25, insert:
Sec. 121. Section 1034 of Public Law 104-333 (110 Stat. 4093, 4240)
is amended by striking ``at any time within 12 months of enactment of
this Act'' and inserting in lieu thereof ``on or before October 1,
1998''.
(69)Page 44, after line 25, insert:
Sec. 122. (a) Kodiak Land Valuation.--Notwithstanding the Refuge
Revenue Sharing Act (16 U.S.C. 715s) or any regulations implementing
such Act, the fair market value for the initial computation of the
payment to Kodiak Island Borough pursuant to such Act shall be based on
the purchase price of the parcels acquired from Akhiok-Kaguyak,
Incorporated, Koniag, Incorporated, and the Old Harbor Native
Corporation for addition to the Kodiak National Wildlife Refuge.
(b) The fair market value of the parcels described in subsection
(a) shall be reappraised under the normal schedule for appraisals
adopted by the Alaska Region of the United States Fish and Wildlife
Service under the Refuge Revenue Sharing Act (16 U.S.C. 715s). Any such
reappraisals shall be made in accordance with such Act and any other
applicable law or regulation.
(c) The fair market value computation required under subsection (a)
shall be effective as of the date of the acquisition of the parcels
described in such subsection.
(70)Page 44, after line 25, insert:
Sec. 123. (a) Androscoggin River Valley Heritage Area Act--Short
Title.--This Act may be cited as the ``Androscoggin River Valley
Heritage Area Act''.
(b) Purpose.--The purpose of this Act is to establish a locally
oriented commission to assist the city of Berlin, New Hampshire, in
identifying and studying the Androscoggin River Valley's historical and
cultural assets.
(c) Establishment of Commission.--There is established the
Androscoggin River Valley Heritage Commission (referred to in this Act
as the ``Commission''), which shall consist of 10 members appointed not
later than 3 months after the date of enactment of this Act, as
follows:
(1) 1 member appointed by the Governor of New Hampshire,
who shall serve as Chairperson.
(2) 1 member appointed by the Speaker of the House of
Representatives of the State of New Hampshire.
(3) 1 member appointed by the President of the Senate of
the State of New Hampshire.
(4) 2 members appointed by the Secretary of the Interior
from among individuals recommended by State and local cultural
or historic preservation organizations.
(5) 1 member, appointed by the Secretary of the Interior,
who has experience in the area of historical projects.
(6) 4 members appointed by the mayor of the city of Berlin,
New Hampshire.
(d) Voting.--The Commission shall act and advise by affirmative
vote of a majority of its members.
(e) Compensation.--
(1) In general.--A member of the Commission shall receive
no pay on account of the member's service on the Commission.
(2) Travel expenses.--A member of the Commission, while
away from the member's home or regular place of business in the
performance of services for the Commission, shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(f) Exemption From Charter Renewal Requirements.--Section 14(b) of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Commission.
(g) Termination.--The Commission shall terminate on submission of a
report under section 4(b).
(h) Support.--
(1) Staff and technical services.--The Director of the
National Park Service may provide such staff support and
technical services as are necessary to carry out the functions
of the Commission.
(2) Completion of study.--The Secretary of the Interior may
provide the Commission such technical and other assistance as
is necessary to complete the study described in subsection (j).
(i) Open Meetings.--All meetings of the Commission shall be open to
the public.
(j) Study.--
(1) In general.--Not later than 1 year after the completion
of appointment of the members of the Commission, the Commission
shall complete a comprehensive study of the Androscoggin River
Valley's history and culture in New Hampshire, which shall--
(A) include a catalog of all available historically
and culturally significant sites, buildings, and areas
in the region;
(B) examine the feasibility of any Federal or State
historic recognition in the region;
(C) include a set of options for the city of
Berlin, New Hampshire, to pursue with respect to
heritage-based development, including a list of
available Federal, State, and private programs that
would further any such efforts; and
(D) account for the impacts of any heritage-based
development on State, municipal, and private property.
(2) Report.--The Commission shall provide Congress, the
Secretary of the Interior, and the State of New Hampshire with
a report based on the study described in paragraph 1.
(k) No Regulatory Authority.--Nothing in this Act provides the
Commission with any regulatory authority.
(l) Authorization of Appropriations.--For the purpose of carrying
out the functions of the Commission, there is authorized to be
appropriated $50,000.
(71)Page 44, after line 25, insert:
Sec. 124. (a) Priority of Bonds.--Section 3 of Public Law 94-392
(90 Stat. 1193, 1195) is amended--
(1) by striking ``priority for payment'' and inserting ``a
parity lien with every other issue of bonds or other
obligations issued for payment''; and
(2) by striking ``in the order of the date of issue''.
(b) Application.--The amendments made by subsection (a) shall apply
to obligations issued on or after the date of enactment of this
section.
(c) Short Term Borrowing.--Section 1 of Public Law 94-392 (90 Stat.
1193) is amended by adding the following new subsection at the end
thereof:
``(d) The legislature of the Government of the Virgin Islands may
cause to be issued notes in anticipation of the collection of the taxes
and revenues for the current fiscal year. Such notes shall mature and
be paid within one year from the date they are issued. No extension of
such notes shall be valid and no additional notes shall be issued under
this section until all notes issued during a preceding year shall have
been paid.''.
(72)Page 44, after line 25, insert:
Sec. 125. (a) In this section--
(1) the term ``Huron Cemetery'' means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
located in Kansas City, Kansas, as described in subsection
(b)(3);
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary to
ensure that the lands comprising the Huron Cemetery (as described in
paragraph (3)) are used only in accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used only--
(A) for religious and cultural uses that are compatible
with the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is as
follows:
The tract of land in the NW \1/4\ of sec. 10, T. 11 S., R.
25 E., of the sixth principal meridian, in Wyandotte County,
Kansas (as surveyed and marked on the ground on August 15,
1888, by William Millor, Civil Engineer and Surveyor),
described as follows:
``Commencing on the Northwest corner of the
Northwest Quarter of the Northwest Quarter of said
Section 10;
``Thence South 28 poles to the `true point of
beginning';
``Thence South 71 degrees East 10 poles and 18
links;
``Thence South 18 degrees and 30 minutes West 28
poles;
``Thence West 11 and one-half poles;
``Thence North 19 degrees 15 minutes East 31 poles
and 15 feet to the `true point of beginning',
containing 2 acres or more.''.
(73)Page 44, after line 25, insert:
Sec. 126. Arkansas Post National Memorial. (a) The boundaries of
the Arkansas Post National Memorial are revised to include the
approximately 360 acres of land generally depicted on the map entitled
``Arkansas Post National Memorial, Osotouy Unit, Arkansas County,
Arkansas'' and dated June 1993. Such map shall be on file and available
for public inspection in appropriate offices of the National Park
Service of the Department of the Interior.
(b) The Secretary of the Interior is authorized to acquire the
lands and interests therein described in subsection (a) by donation,
purchase with donated or appropriated funds, or exchange: Provided,
That such lands or interests therein may only be acquired with the
consent of the owner thereof.
(74)Page 44, after line 25, insert:
Sec. 127. Entry and permit limitations for Glacier Bay National
Park shall not apply to the Auk Nu Marine--Glacier Bay Ferry entering
Bartlett Cove for the sole purpose of accessing park or other
authorized visitor services or facilities at, or originating from, the
public dock area at Bartlett Cove: Provided, That any such motor vessel
entering park waters for this stated and sole purpose shall be subject
to speed, distance from coast lines, and related limitations imposed on
all vessels operating in waters designated by the Superintendent,
Glacier Bay, as having a high probability of whale occupancy based on
recent sighting and/or past patterns of occurrence: Provided further,
That nothing in this Act shall be construed as constituting approval
for such vessels entering the waters of Glacier Bay National Park
beyond the immediate Bartlett Cove area as defined by a line extending
northeastward from Pt. Carolus to the west to the southernmost point of
Lester Island, absent required permits.
(75)Page 44, after line 25, insert:
Sec. 128. Title I of Public Law 96-514 (94 Stat. 2957) is amended
under the heading ``Exploration of National Petroleum Reserve in
Alaska'' by striking ``(8) each lease shall be issued'' through the end
of the first paragraph and inserting in lieu thereof the following:
``(8) each lease shall be issued for an initial period of ten years,
and shall be extended for so long thereafter as oil or gas is produced
from the lease in paying quantities, or as drilling or reworking
operations, as approved by the Secretary, are conducted thereon; (9)
for purposes of conservation of the natural resources of any oil or gas
pool, field, or like area, or any part thereof, lessees thereof and
their representatives are authorized to unite with each other, or
jointly or separately with others, in collectively adopting and
operating under a unit agreement for such pool, field, or like area, or
any part thereof (whether or not any other part of said oil or gas
pool, field, or like area is already subject to any cooperative or unit
plan of development or operation), whenever determined by the Secretary
to be necessary or advisable in the public interest. Drilling,
production, and well re-working operations performed in accordance with
a unit agreement shall be deemed to be performed for the benefit of all
leases that are subject in whole or in part to such unit agreement.
When separate tracts cannot be independently developed and operated in
conformity with an established well spacing or development program, any
lease, or a portion thereof, may be pooled with other lands, whether or
not owned by the United States, under a communitization or drilling
agreement providing for an apportionment of production or royalties
among the separate tracts of land comprising the drilling or spacing
unit when determined by the Secretary of the Interior to be in the
public interest, and operations or production pursuant to such an
agreement shall be deemed to be operations or production as to each
such lease committed thereto; (10) to encourage the greatest ultimate
recovery of oil or gas or in the interest of conservation the Secretary
is authorized to waive, suspend, or reduce the rental, or minimum
royalty, or reduce the royalty on an entire leasehold, including on any
lease operated pursuant to a unit agreement, whenever in his judgment
the leases cannot be successfully operated under the terms provided
therein. The Secretary is authorized to direct or assent to the
suspension of operations and production on any lease or unit. In the
event the Secretary, in the interest of conservation, shall direct or
assent to the suspension of operations and production on any lease or
unit, any payment of acreage rental or minimum royalty prescribed by
such lease or unit likewise shall be suspended during the period of
suspension of operations and production, and the term of such lease
shall be extended by adding any such suspension period thereto; and
(11) all receipts from sales, rentals, bonuses, and royalties on leases
issued pursuant to this section shall be paid into the Treasury of the
United States: Provided, That 50 percentum thereof shall be paid by the
Secretary of the Treasury semiannually, as soon thereafter as
practicable after March 30 and September 30 each year, to the State of
Alaska for--(A) planning, (B) construction, maintenance, and operation
of essential public facilities, and (C) other necessary provisions of
public service: Provuded further, That in the allocation of such funds,
the State shall give priority to use by subdivisions of the State most
directly or severely impacted by development of oil and gas leased
under this Act.''.
(76)Page 44, after line 25, insert:
Sec. 129. Limitations on Certain Indian Gaming Operations. (a)
Definitions.--For purposes of this section, the following definitions
shall apply:
(1) Class iii gaming.--The term ``class III gaming'' has
the meaning provided that term in section 4(8) of the Indian
Gaming Regulatory Act (25 U.S.C. 2703(8)).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning provided that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450(e)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Department of the Interior.
(4) Tribal-state compact.--The term ``Tribal-State
compact'' means a Tribal-State compact referred to in section
11(d) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)).
(b) Class III Gaming Compacts.--
(1) In general.--
(A) Prohibition.--During fiscal year 1998, the
Secretary may not expend any funds made available under
this Act to review or approve any initial Tribal-State
compact for class III gaming entered into on or after
the date of enactment of this Act. This provision shall
not apply to any Tribal-State compact which has been
approved by a State in accordance with State law and
the Indian Gaming Regulatory Act.
(B) Rule of construction.--Nothing in this
paragraph may be construed to prohibit the review or
approval by the Secretary of a renewal or revision of,
or amendment to a Tribal-State compact that is not
covered under subparagraph (A).
(2) Tribal-state compacts.--During fiscal year 1998,
notwithstanding any other provision of law, no Tribal-State
compact for class III gaming shall be considered to have been
approved by the Secretary by reason of the failure of the
Secretary to approve or disapprove that compact. This provision
shall not apply to any Tribal-State compact which has been
approved by a State in accordance with State law and the Indian
Gaming Regulatory Act.
Sec. 130. Sense of the Senate Concerning Indian Gaming. It is the
sense of the Senate that the United States Department of Justice should
vigorously enforce the provisions of the Indian Gaming Regulatory Act
requiring an approved tribal/State gaming compact prior to the
initiation of Class III gaming on Indian lands.
(77)Page 44, after line 25, insert:
Sec. 131. No funds provided in this or any other Act may be
expended to develop a rulemaking process relevant to amending the
National Indian Gaming Commission's definition regulations located at
25 CFR 502.7 and 502.8.
(78)Page 44, after line 25, insert:
Sec. 132. Youth Environmental Service Program.--Not later than 180
days after the date of enactment of this Act, the Secretary of
Interior, in consultation with the Attorney General, shall--
(1) submit to Congress a report identifying at least 20
sites on Federal land that are potentially suitable and
promising for activities of the Youth Environmental Service
program to be administered in accordance with the Memorandum of
Understanding signed by the Secretary of the Interior and the
Attorney General in February 1994; and
(2) provide a copy of the report to the appropriate State
and local law enforcement agencies in the States and localities
in which the 20 prospective sites are located.
(79)Page 44, after line 25, insert:
Sec. 133. Conveyance of Land to Lander County, Nevada. (a)
Conveyance.--Not later than the date that is 120 days after the date of
enactment of this Act, the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, shall convey to Lander
County, Nevada, without consideration, all right, title, and interest
of the United States, subject to all valid existing rights and to the
rights of way described in subsection (b), in the property described as
T. 32 N., R. 45 E., sec. 18, lots 3, 4, 11, 12, 16, 17, 18, 19, 20 and
21, Mount Diablo Meridian.
(b) Rights-of-way.--The property conveyed under subsection (a)
shall be subject to--
(1) the right-of-way for Interstate 80;
(2) the 33-foot wide right-of-way for access to the Indian
cemetery included under Public Law 90-71 (81 Stat. 173); and
(3) the following rights-of-way granted by the Secretary of
the Interior:
NEV-010937 (powerline).
NEV-066891 (powerline).
NEV-35345 (powerline).
N-7636 (powerline).
N-56088 (powerline).
N-57541 (fiber optic cable).
N-55974 (powerline).
(c) Requirement.--The property described in this section shall be
used for public purposes and should the property be sold or used for
other than public purposes, the property shall revert to the United
States.
(80)Page 44, after line 25, insert:
Sec. 134. Conveyance of Certain Bureau of Land Management Lands in
Clark County, Nevada. (a) Findings.--Congress finds that--
(1) certain landowners who own property adjacent to land
managed by the Bureau of Land Management in the North Decatur
Boulevard area of Las Vegas, Nevada, bordering on North Las
Vegas, have been adversely affected by certain erroneous
private land surveys that the landowners believed were
accurate;
(2) the landowners have occupied or improved their property
in good faith reliance on the erroneous surveys of the
properties;
(3) the landowners believed that their entitlement to
occupancy was finally adjudicated by a Judgment and Decree
entered by the Eighth Judicial District Court of Nevada on
October 26, 1989;
(4) errors in the private surveys were discovered in
connection with a dependent resurvey and section subdivision
conducted by the Bureau of Land Management in 1990, which
established accurate boundaries between certain federally owned
properties and private properties; and
(5) the Secretary has authority to sell, and it is
appropriate that the Secretary should sell, at fair market
value, the properties described in section 2(b) to the
adversely affected landowners.
(b) Conveyance of Properties.--
(1) Purchase offers.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the city of Las Vegas,
Nevada, on behalf of the owners of real property
located adjacent to the properties described in
paragraph (2), may submit to the Secretary of the
Interior, acting through the Director of the Bureau of
Land Management (referred to in this Act as the
``Secretary''), a written offer to purchase the
properties.
(B) Information to accompany offer.--An offer under
subparagraph (A) shall be accompanied by--
(i) a description of each property offered
to be purchased;
(ii) information relating to the claim of
ownership of the property based on an erroneous
land survey; and
(iii) such other information as the
Secretary may require.
(2) Description of properties.--The properties described in
this paragraph, containing 68.60 acres, more or less, are--
(A) Government lots 22, 23, 26, and 27 in sec. 18,
T. 19 S., R. 61 E., Mount Diablo Meridian;
(B) Government lots 20, 21, and 24 in sec. 19. T.
19 S., R. 61 E., Mount Diablo Meridian; and
(C) Government lot 1 in sec. 24, T. 19 S., R. 60
E., Mount Diablo Meridian.
(3) Conveyance.--
(A) In general.--Subject to the condition stated in
subparagraph (B), the Secretary shall convey to the
city of Las Vegas, Nevada, all right, title, and
interest of the United States in and to the properties
offered to be purchased under paragraph (1) on payment
by the city of the fair market value of the properties,
based on an appraisal of the fair market value as of
December 1, 1982, approved by the Secretary.
(B) Condition.--Properties shall be conveyed under
subparagraph (A) subject to the condition that the city
convey the properties to the landowners who were
adversely affected by reliance on erroneous surveys as
described in subsection (a).
(81)Page 44, after line 25, insert:
Sec. 135. Disposition of Certain Oil Lease Revenue. (a) Deposit in
Fund.--One half of the amounts awarded by the Supreme Court to the
United States in the case of United States of America v. State of
Alaska (117 S. Ct. 1888) shall be deposited in a fund in the Treasury
of the United States to be known as the ``national Parks and
Environmental Improvement Fund'' (referred to in this section as the
``Fund'').
(b) Investments.--
(1) In general.--The Secretary of the Treasury shall invest
amounts in the Fund in interest bearing obligations of the
United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest earned from investments
of the Fund shall be covered into and form a part of the Fund.
(c) Transfer and Availability of Amounts Earned.--Each year,
interest earned and covered into the Fund in the previous fiscal year
shall be available for appropriation, to the extent provided in
subsequent appropriation bills, as follows:
(1) 40 percent of such amounts shall be available for
National Park capital projects in the National Park System that
comply with the criteria stated in subsection (d); and
(2) 40 percent of such amounts shall be available for the
State-side matching grant under section 6 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8); and
(3) 20 percent of such amounts shall be made available to
the Secretary of Commerce for the purpose of carrying out
marine research activities in accordance with subsection (e).
(d) Capital Projects.--
(1) In general.--Funds available under subsection (c)(2)
may be used for the design, construction, repair or replacement
of high priority National Park Service facilities directly
related to enhancing the experience of park visitors, including
natural, cultural, recreational and historic resources
protection projects.
(2) Limitation.--A project referred to in paragraph (1)
shall be consistent with--
(A) the laws governing the National Park System;
(B) any law governing the unit of the National Park
System in which the project is undertaken; and
(C) the general management plan for the unit.
(3) Notification of congress.--The Secretary shall submit
with the annual budget submission to Congress a list of high
priority projects proposed to be funded under paragraph (1)
during the fiscal year covered by such budget submission.
(e) Marine Research Activities.--(1) Funds available under
subsection (c)(3) shall be used by the Secretary of Commerce according
to this subsection to provide grants to Federal, State, private or
foreign organizations or individuals to conduct research activities on
or relating to the fisheries or marine ecosystems in the north Pacific
Ocean, Bering Sea, and Arctic Ocean (including any lesser related
bodies of water).
(2) Research priorities and grant requests shall be reviewed and
recommended for Secretarial approval by a board to be known as the
North Pacific Research Board (referred to in this subsection as the
``Board''). The Board shall seek to avoid duplicating other research
activities, and shall place a priority on cooperative research efforts
designed to address pressing fishery management or marine ecosystem
information needs.
(3) The Board shall be comprised of the following representatives
or their designees--
(A) the Secretary of Commerce, who shall be a co-chair of
the Board;
(B) the Secretary of State;
(C) the Secretary of the Interior;
(D) the Commandant of the Coast Guard;
(E) the Director of the Office of Naval Research;
(F) the Alaska Commissioner of Fish and Game, who shall
also be a co-chair of the Board;
(G) the Chairman of the North Pacific Fishery Management
Council;
(H) the Chairman of the Arctic Research Commission;
(I) the Director of the Oil Spill Recovery Institute;
(J) the Director of the Alaska SeaLife Center;
(K) five members nominated by the Governor of Alaska and
appointed by the Secretary of Commerce, one of whom shall
represent fishing interests, one of whom shall represent Alaska
Natives, one of whom shall represent environmental interests,
one of whom shall represent academia, and one of whom shall
represent oil and gas interests;
(L) three members nominated by the Governor of Washington
and appointed by the Secretary of Commerce; and
(M) one member nominated by the Governor of Oregon and
appointed by the Secretary of Commerce.
The members of the Board shall be individuals knowledgeable by
education, training, or experience regarding fisheries or marine
ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean.
Three nominations shall be submitted for each member to be appointed
under subparagraphs (K), (L), and (M). Board members appointed under
subparagraphs (K), (L), and (M) shall serve for three year terms, and
may be reappointed.
(4)(A) The Secretary of Commerce shall review and administer grants
recommended by the Board. If the Secretary does not approve a grant
recommended by the board, the Secretary shall explain in writing the
reasons for not approving such grant, and the amount recommended to be
used for such grant shall be available only for other grants
recommended by the Board.
(B) Grant recommendations and other decisions of the Board shall be
by majority vote, with each member having one vote. The Board shall
establish written criteria for the submission of grant requests through
a competitive process and for deciding upon the award of grants. Grants
shall be recommended by the Board on the basis of merit in accordance
with the priorities established by the Board. The Secretary shall
provide the Board such administrative and technical support as is
necessary for the effective functioning of the Board. The Board shall
be considered an advisory panel established under section 302(g) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) for the purposes of section 302(i)(1) of such Act, and
the other procedural matters applicable to advisory panels under
section 302(i) of such Act shall apply to the Board to the extent
practicable. Members of the Board may be reimbursed for actual expenses
incurred in performance of their duties for the Board. Not more than 5
percent of the funds provided to the Secretary of Commerce under
paragraph (1) may be used to provide support for the Board and
administer grants under this subsection.
(82)Page 44, after line 25, insert:
Sec. 136. Notwithstanding any other provision of law, in payment
for facilities, equipment, and interests destroyed by the Federal
Government at the Stampede Mine Site within the boundaries of Denali
National Park--(1) the Secretary of the Interior, within existing funds
designated by this Act for expenditure for Departmental Management,
shall by September 15, 1998--(A) provide funds, subject to an appraisal
in accordance with standard appraisal methods, not to exceed $500,000
to the University of Alaska Fairbanks, School of Mineral Engineering;
and (B) shall remove mining equipment at the Stampede Mine Site
identified by the School of Mineral Engineering to a site specified by
the School of Mineral Engineering; and (2) the Secretary of the Army
shall provide, at no cost, two six by six vehicles, in excellent
operating condition, or equivalent equipment to the University of
Alaska Fairbanks, School of Mineral Engineering and shall construct a
bridge across the Bull River to the Golden Zone Mine Site to allow
ingress and egress for the activities conducted by the School of
Mineral Engineering. Upon transfer of the funds, mining equipment, and
the completion of all work designated by this section, the University
of Alaska Fairbanks, School of Mineral Engineering shall convey all
remaining rights and interests in the Stampede Mine Site to the
Secretary of the Interior.
(83)Page 45, line 6, strike out [$187,644,000] and insert: $188,644,000
(84)Page 45, line 13, strike out [$157,922,000] and insert:
$162,668,000
(85)Page 45, line 14, after ``law'' insert: : Provided, That of funds
available under this heading for Pacific Northwest Assistance in this
or prior appropriations Acts, $800,000 shall be provided to the World
Forestry Center for purposes of continuing scientific research and
other authorized efforts regarding the land exchange efforts in the
Umpqua River Basin region
(86)Page 45, line 14, after ``law'' insert: : Provided further, That
activities conducted pursuant to funds provided herein for the Alaska
Spruce Bark Beetle task force shall be exempt from the requirements of
the Federal Advisory Committee Act
(87)Page 45, line 25, strike out [$1,364,480,000] and insert:
$1,337,045,000
(88)Page 46, line 7, after ``ed'' insert: : Provided further, That
funds may be used to construct or reconstruct facilities of the Forest
Service: Provided further, That no more than $250,000 shall be used on
any single project, exclusive of planning and design costs: Provided
further, That the Forest Service shall report annually to Congress the
amount obligated for each project, and the total dollars obligated
during the year
(89)Page 46, line 14, strike out [$591,715,000] and insert:
$582,715,000
(90)Page 46, line 20, strike out all after ``for,'' down to and
including ``$5,600,000)'' in line 21 and insert: $155,669,000
(91)Page 46, line 26, after ``205'' insert: , of which $800,000 shall
be available for the design and engineering of the Trappers Loop
Connector Road in the Wasatch-Cache National Forest.
(92)Page 46, line 26, strike out all after ``205'' over to and
including ``purchasers'' in line 3 on page 47
(93)Page 47, line 10, strike out [$45,000,000] and insert: $49,176,000
(94)Page 49, strike out lines 3 through 8
(95)Page 50, line 11, after ``Agriculture'' insert: other than office
relocations and closures in Alaska as specified in the Committee report
accompanying this bill,
(96)Page 54, line 3, strike out [$2,000,000] and insert: $2,500,000
(97)Page 54, line 9, strike out [$500,000] and insert: $1,000,000
(98)Page 58, after line 11, insert:
Funds appropriated by this Act for Region 10 of the Forest Service
to implement the Revised Tongass National Forest Land Management Plan,
shall be spent and obligated at the Forest Supervisor and Ranger
District levels. No funds appropriated under this or any other Act for
the purpose of operations conducted at the Region 10 headquarters,
including funding of centralized field costs for funding of persons
employed at the Regional Office, shall be obligated or expended in
excess of $17,500,000 from the total funds appropriated for Region 10.
(99)Page 59, line 8, strike out [$313,153,000] and insert: $363,969,000
(100)Page 59, line 25, strike out [$115,000,000] and insert:
$107,000,000
(101)Page 60, line 16, strike out [$644,766,000] and insert:
$629,357,000
(102)Page 60, line 21, strike out [$153,845,000] and insert:
$160,100,000
(103)Page 61, line 2, strike out [$123,845,000] and insert:
$129,000,000
(104)Page 61, line 3, strike out [$30,000,000] and insert: $31,100,000
(105)Page 61, strike out lines 9 through line 26 and insert:
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $207,500,000, to remain available until expended,
of which $207,500,000 shall be repaid from the ``SPR Operating Fund''
from amounts made available from the sales under this heading:
Provided, That, consistent with Public law 104-106, proceeds in excess
of $2,000,000,000 from the sale of the Naval Petroleum Reserve Numbered
1 shall be deposited into the ``SPR Operating Fund'', and are hereby
appropriated, to remain available until expended, for repayments under
this heading and for operations of, or acquisition, transportation, and
injection of petroleum products into, the Strategic Petroleum Reserve:
Provided further, That if the Secretary of Energy finds that the
proceeds from the sale of the Naval Petroleum Reserve Numbered 1 will
not be at least $2,207,500,000 in fiscal year 1998, the Secretary,
notwithstanding section 161 of the Energy Policy and Conservation Act
of 1975, shall draw down and sell oil from the Strategic Petroleum
Reserve in fiscal year 1998, and deposit the proceeds into the ``SPR
Operating Fund'', in amounts sufficient to make deposits into the fund
total $207,500,000 in that fiscal year: Provided further, That the
amount of $2,000,000,000 in the first proviso and the amount of
$2,207,500,000 in the second proviso shall be adjusted by the Director
of the Office of Management and Budget to amounts not to exceed
$2,415,000,000 and $2,622,500,000, respectively, only to the extent
that an adjustment is necessary to avoid a sequestration, or any
increase in a sequestration due to this section, under the procedures
prescribed in the Budget Enforcement Act of 1990, as amended: Provided
further, That the Secretary of Energy, notwithstanding section 161 of
the Energy Policy and Conservation Act of 1975, shall draw down and
sell oil from the Strategic Petroleum Reserve in fiscal year 1998
sufficient to deposit $15,000,000 into the General Fund of the Treasury
of the United States, and shall transfer such amount to the General
Fund: Provided further, That proceeds deposited into the ``SPR
Operating Fund'' under this heading shall, upon receipt, be transferred
to the Strategic Petroleum Reserve account for operations and
activities of the Strategic Petroleum Reserve and to satisfy the
requirements specified under this heading.
(106)Page 62, line 10, strike out [$66,800,000] and insert: $62,800,000
(107)Page 65, line 1, strike out [102-496] and insert: 102-486
(108)Page 65, line 11, strike out [$1,829,008,000] and insert:
$1,958,235,000
(109)Page 65, line 24, strike out [$359,348,000] and insert:
$362,375,000
(110)Page 67, line 6 after ``expended'' insert: : Provided further,
That an amount not to exceed $200,000 shall be available to fund the
Office of Navajo Uranium Workers for health screening and epidemiologic
follow up of uranium miners and mill workers, to be derived from funds
otherwise available for administrative and travel expenses
(111)Page 67, line 17, strike out all after ``Act'' down to and
including ``$257,310,000'' in line 21 and insert: $168,501,000
(112)Page 70, line 9, strike out all after ``Act'' down to and
including ``Service'' in line 16 and insert: : Provided further, That
with respect to functions transferred by the Indian Health Service to
tribes or tribal organizations, the Indian Health Service is authorized
to provide goods and services to those entities, on a reimbursable
basis, including payment in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account which provided
the funding, said amounts to remain available until expended
(113)Page 71, line 6, strike out [$18,345,000] and insert: $15,000,000
(114)Page 72, line 7, strike out [$3,000,000] and insert: $5,500,000
(115)Page 72, line 23, strike out [$334,557,000] and insert:
$333,708,000
(116)Page 73, line 24, strike out [$50,000,000] and insert: $32,000,000
(117)Page 74, after line 3, insert:
construction
For necessary expenses for construction, $33,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, a single procurement for the construction of the
National Museum of the American Indian may be issued which includes the
full scope of the project: Provided further, That the solicitation and
the contract shall contain the clause ``availability of funds'' found
at 48 CFR 52.232.18.
(118)Page 75, line 10, strike out [$6,442,000] and insert: $5,942,000
(119)Page 76, strike out lines 4 and 5 and insert:
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.
(120)Page 76, after line 7, insert:
National Endowment for the Arts
(121)Page 76, after line 7, insert:
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $83,300,000 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.
(122)Page 76, after line 7, insert:
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.
(123)Page 76, line 12, strike out [$96,100,000] and insert: $96,800,000
(124)Page 77, line 9, strike out [$23,390,000] and insert: $22,290,000
(125)Page 77, line 25, strike out [$6,000,000] and insert: $7,000,000
(126)Page 78, line 5, strike out [$2,700,000] and insert: $2,745,000
(127)Page 78, line 13, strike out [$5,700,000] and insert: $5,740,000
(128)Page 85, strike out lines 8 through 19
(129)Page 85, strike out all after line 19 over to and including line
14 on page 86
(130)Page 86, strike out lines 15 through 19 and insert:
Sec. 318. No part of any appropriation contained in this Act shall
be expended or obligated to fund the activities of the western director
and special assistant to the Secretary within the Office of the
Secretary of Agriculture unless the proposed expenditure is approved in
advance by the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained in the report
accompanying this bill.
(131)Page 86, line 21, after ``1998'' insert: and hereafter
(132)Page 87, strike out lines 4 through 18
(133)Page 87, line 23, after ``Appropriations'' insert: if the
estimated total cost of the facility exceeds $500,000
(134)Page 88, strike out lines 5 through 22
(135)Page 89, strike out lines 9 through 12 and insert:
Sec. 325. (a) Notwithstanding any other provision of law, and
except as provided in this section, the Aleutian/Pribilof Islands
Association, Inc., Bristol Bay Area Health Corporation, Chugachmiut,
Copper River Native Association, Kodiak Area Native Area Association,
Maniilaq Association, Metlakatla Indian Community, Arctic Slope Native
Association, Ltd., Norton Sound Health Corporation, Southcentral
Foundation, Southeast Alaska Regional Health Consortium, Tanana Chiefs
Conference, Inc., and Yukon-Kuskokwim Health Corporation (hereinafter
``regional health entities''), without further resolutions from the
Regional Corporations, Village Corporations, Indian Reorganization Act
Councils, tribes and/or villages which they represent are authorized to
form a consortium (hereinafter ``the Consortium'') to enter into
contracts, compacts, or funding agreements under Public Law 93-638 (25
U.S.C. 450 et seq.), as amended, to provide all statewide health
services provided by the Indian Health Service of the U.S. Department
of Health and Human Services through the Alaska Native Medical Center
and the Alaska Area Office. Each specified ``regional health entity''
shall maintain that status for purposes of participating in the
Consortium only so long as it operates a regional health program for
the Indian Health Service under Public Law 93-638 (25 U.S.C. 450 et
seq.), as amended.
(b) The Consortium shall be governed by a 15 member Board of
Directors, which shall be composed of one representative of each
regional health entity listed in subsection (a) above, and two
additional persons who shall represent Indian tribes, as defined in 25
U.S.C. 450b(e), and sub-regional tribal organizations which operate
health programs not affiliated with the regional health entities listed
above and Indian tribes not receiving health services from any tribal,
regional or sub-regional health provider. Each member of the Board of
Directors shall be entitled to cast one vote. Decisions of the Board of
Directors shall be made by consensus whenever possible, and by majority
vote in the event that no consensus can be reached. The Board of
Directors shall establish at its first meeting its rules of procedure,
which shall be published and made available to all members.
(c) The statewide health services (including any programs,
functions, services and activities provided as part of such services)
of the Alaska Native Medical Center and the Alaska Area Office may only
be provided by the Consortium. Statewide health services for purposes
of this section shall consist of all programs, functions, services, and
activities provided by or through the Alaska Native Medical Center and
the Alaska Area Office, not under contract or other funding agreement
with any other tribe or tribal organization as of October 1, 1997,
except as provided in subsection (d) below. All statewide health
services provided by the Consortium under this section shall be
provided pursuant to contracts or funding agreements entered into by
the Consortium under Public Law 93-638 (25 U.S.C. 450 et seq.), as
amended, and for such purpose the Consortium shall be deemed to have
mature contract status as defined in section 4(h) of the Indian Self-
Determination and Education Assistance Act, 25 U.S.C. 450b(h).
(d) Cook Inlet Region, Inc., through Southcentral Foundation (or
any successor health care entity designated by Cook Inlet Region, Inc.)
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.), as amended, is
hereby authorized to enter into contracts or funding agreements under
such Public Law for all services, provided at or through the Alaska
Native Primary Care Center or other satellite clinics in Anchorage or
the Matanuska-Susitna Valley without submission of any further
authorizing resolutions from any other Alaska Native Region, village
corporation, Indian Reorganization Act council, or tribe, no matter
where located. Services provided under this paragraph shall, at a
minimum, maintain the level of statewide and Anchorage Service Unit
services provided at the Alaska Native Primary Care Center as of
October 1, 1997, including necessary related services performed at the
Alaska Native Medical Center. In addition, Cook Inlet Region, Inc.,
through Southcentral Foundation, or any lawfully designated health care
entity of Cook Inlet Region, Inc., shall contract or enter into a
funding agreement under Public Law 93-638 (25 U.S.C. 450 et seq.), as
amended, for all primary care services provided by the Alaska Native
Medical Center, including, but not limited to, family medicine, primary
care internal medicine, pediatrics, obstetrics and gynecology, physical
therapy, psychiatry, emergency services, public health nursing, health
education, optometry, dentistry, audiology, social services, pharmacy,
radiology, laboratory and biomedical, and the administrative support
for these programs, functions, services and activities. Cook Inlet
Region, Inc., through Southcentral Foundation, or any lawfully
designated health care entity of Cook Inlet Region, Inc., may provide
additional health care services at the Alaska Native Medical Center if
such use and services are provided pursuant to an agreement with the
Consortium. All services covered by this subsection shall be provided
on a nondiscriminatory basis without regard to residency within the
Municipality of Anchorage.
(136)Page 89, after line 12 insert:
Sec. 326. (a) Notwithstanding any other provision of law, after
September 30, 1997 the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.), with any Alaska Native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into prior to
May 1, 1997, or to prohibit the renewal of any such agreement.
(c) The General Accounting Office shall conduct a study of the
impact of contracting and compacting by the Indian Health Service under
Public Law 93-638 with Alaska Native villages and Alaska Native village
corporations for the provision of health care services on the provision
of health care services by Alaska Native regional corporation health
care entities. The General Accounting Office shall submit the results
of that study to the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House by June 1, 1998.
(137)Page 89, strike out lines 13 through 18.
(138)Page 89, strike out lines 19 through 23.
(139)Page 90, after line 5, insert:
Sec. 329. 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 or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(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.
(140)Page 90, after line 5, insert:
Sec. 330. The National Endowment for the Arts and the National
Endowment for the Humanities are authorized to solicit, accept,
receive, and invest in the name of the United States, gifts, bequests,
or devises of money and other property or services and to use such in
furtherance of the functions of the National Endowment for the Arts and
the National Endowment for the Humanities. Any proceeds from such
gifts, bequests, or devises, after acceptance by the National Endowment
for the Arts or the National Endowment for the Humanities, shall be
paid by the donor or the representative of the donor to the Chairman.
The Chairman shall enter the proceeds in a special interest-bearing
account to the credit of the appropriate Endowment for the purposes
specified in each case.
(141)Page 90, after line 5, insert:
Sec. 331. In fiscal years 1998 through 2002, the Secretaries of the
Interior and Agriculture may make reciprocal delegations of their
respective authorities, duties and responsibilities in support of joint
pilot programs to promote customer service and efficiency in the
management of public lands and national forests: Provided, That nothing
herein shall alter, expand or limit the existing applicability of any
public law or regulation to lands administered by the Bureau of Land
Management or the United States Forest Service.
(142)Page 90, after line 5, insert:
Sec. 332. No part of any appropriation contained in this Act shall
be expended or obligated to fund any activities associated with
revision of national forest land management plans until the
administration publishes new final rules in the Federal Register for
forest land management planning activities.
(143)Page 90, after line 5, insert:
Sec. 333. No part of any appropriation contained in this Act shall
be expended or obligated to fund any activities associated with
issuance of the five year program under the Forest and Rangeland
Renewable Resources Planning Act.
(144)Page 90, after line 5, insert:
Sec. 334. (a) Watershed Restoration and Enhancement Agreements--In
General.--For fiscal year 1998 and each year thereafter, appropriations
for the Forest Service may be used by the Secretary of Agriculture for
the purpose of entering into cooperative agreements with willing state
and local governments, private and non-profit entities and landowners
for protection, restoration and enhancement of fish and wildlife
habitat, and other resources on public or private land or both that
benefit these resources within the watershed.
(b) Direct and Indirect Watershed Agreements.--The Secretary of
Agriculture may enter into a watershed restoration and enhancement
agreement--
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a state, local or
tribal government or other public entity, educational
institution, or private non-profit organization.
(c) Terms and Conditions.--In order for the Secretary to enter into
a watershed restoration and enhancement agreement--
(1) the agreement shall--
(A) include such terms and conditions mutually
agreed to by the Secretary and the landowner;
(B) improve the viability of and otherwise benefit
the fish, wildlife, and other resources on national
forests lands within the watershed;
(C) authorize the provision of technical assistance
by the Secretary in the planning of management
activities that will further the purposes of the
agreement;
(D) provide for the sharing of costs of
implementing the agreement among the Federal
government, the landowner(s), and other entities, as
mutually agreed on by the affected interests; and
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the
Secretary to be in the public interest; and
(2) the Secretary may require such other terms and
conditions as are necessary to protect the public investment on
non-federal lands, provided such terms and conditions are
mutually agreed to by the Secretary and other land owners,
state and local governments or both.
(145)Page 90, after line 5, insert:
Sec. 335. The joint resolution entitled ``Joint Resolution to
establish a commission to formulate plans for a memorial to Franklin
Delano Roosevelt'', approved August 11, 1955 (69 Stat. 694), is
amended--
(a) in the first section by inserting before the last
sentence the following: ``The Commission shall submit a final
report to the President and Congress prior to termination.'';
(b) by redesignating section 4 as section 5; and
(c) by inserting after section 3 the following:
``termination of the commission
``Sec. 4. (a) In General.--The Commission shall terminate on the
earlier of--
``(1) December 31, 1997; or
``(2) the date that the Commission reports to the President
and the Congress that the Commission's work is complete.
``(b) Commission Funds.--
``(1) Designation.--Before the termination of the
Commission, the Commission shall designate a nonprofit
organization to collect, manage, and expend Commission funds
after its termination.
``(2) Transfer of funds.--Before termination the Commission
shall transfer all Commission funds to the entity designated
under paragraph (1).
``(3) Amounts collected after termination.--The entity
designated under paragraph (1) shall have the right to collect
any amounts accruing to the Commission after the Commission's
termination, including amounts--
``(A) given to the Commission as a gift or bequest;
or
``(B) raised from the sale of coins issued under
the United States Commemorative Coin Act of 1996 (110
Stat. 4005; 31 U.S.C. 5112 note).
``(4) Uses of funds.--The Commission may specify uses for
any funds made available under this section to the entity
designated under paragraph (1), including--
``(A) to provide for the support, maintenance, and
repair of the Memorial; and
``(B) to interpret and educate the public about the
Memorial.
``(5) Negotiation and contract.--The Commission may
negotiate and contract with a nonprofit organization before
designating the organization under paragraph (1).''.
(146)Page 90, after line 5, insert:
Sec. 336. To facilitate priority land exchanges through which the
United States will receive land within the White Salmon Wild and Scenic
River boundaries and within the Columbia River Gorge National Scenic
Area, the Secretary of Agriculture may hereafter accept title to such
lands deemed appropriate by the Secretary within the States of Oregon
and Washington, regardless of the State in which the transferred lands
are located, following existing exchange authorities.
(147)Page 90, after line 5, insert:
Sec. 337. The boundary of the Wenatchee National Forest in Chelan
County, Washington, is hereby adjusted to exclude section 1 of Township
23 North, Range 19 East, Willamette Meridian.
(148)Page 90, after line 5, insert:
Sec. 338. None of the funds provided in this Act can be used for
any activities associated with the Center of Excellence for Sustainable
Development unless a budget request has been submitted and approved by
the Committees on Appropriations of the House of Representatives and
the United States Senate.
(149)Page 90, after line 5, insert:
Sec. 339. (a) No funds provided in this or any other act may be
expended to develop a rulemaking proposal to amend or replace the
Bureau of Land Management regulations found at 43 C.F.R. 3809 or to
prepare a draft environmental impact statement on such proposal, until
the Secretary of the Interior certifies to the Committees on Energy and
Natural Resources and Appropriations of the United States Senate and
the Committees on Resources and Appropriations of the United States
House of Representatives that the Department of the Interior has
consulted with the Governor, or his/her representative, from each State
that contains public lands open to location under the General Mining
Laws.
(b) The Secretary shall not publish proposed regulations to amend
or replace the Bureau of Land Management regulations found at 43 C.F.R.
3809 prior to November 15, 1998, and shall not finalize such
regulations prior to 90 days after such publication.
(150)Page 90, after line 5, insert:
Sec. 340. (a) The Secretary of Agriculture shall convey to Skamania
County, Washington, all right, title, and interest of the United States
in and to a parcel of unused real property known as the Wind River
Nursery site, Gifford Pinchot National Forest, Washington. (See U.S.
Department of Interior Geological Survey modified for USDA Forest
Service map, Stabler Quadrangle, Washington, Skamania County, 7.5
minutes series, topographic, Provisional Edition 1983). The conveyance
under this subsection shall include all improvements to the parcel,
including all infrastructure, water rights, easements, and personal
property.
(b) As consideration for the conveyance under subsection (b),
Skamania County shall convey to the United States all right, title, and
interest of the county in a parcel of approximately 120 acres of high
biodiversity, special management area land located within the Columbia
River Gorge National Scenic Area.
(c) The exact acreage and legal description of the real property to
be exchanged by Skamania County under this section shall be determined
by a survey. The cost of any such survey shall be borne by Skamania
County.
(d) The conveyances made pursuant to this section shall be subject
to existing valid rights.
(e) Section 120(h) of the Comprehensive Environmental Response,
Compensation, Liability Act of 1980 (42 U.S.C. 9620(h)) shall apply to
the conveyance required under subsection (b).
(f) The Secretary may require such additional terms and conditions
in connection with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United States
consistent with existing law.
(151)Page 90, after line 5, insert:
Sec. 341. (a) Local Exemptions From Forest Service User Fees Due to
Less Than Full Funding of Payments in Lieu of Taxes.--Section 6906 of
title 31, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before
``Necessary''; and
(2) by adding at the end the following:
``(b) Local Exemptions From User Fees Due to Insufficient
Appropriations.--
``(1) In general.--Unless sufficient funds are appropriated
for a fiscal year to provide full payments under this chapter
to each unit of general local government that lies in whole or
in part within the White Mountain National Forest and is
eligible for the payments, persons residing within the
boundaries of that unit of general local government shall be
exempt during that fiscal year from any requirement to pay a
Demonstration Program Fee (parking permit or passport) imposed
by the Secretary of Agriculture for access to the Forest.
``(2) Administration.--The Secretary of Agriculture shall
establish a method of identifying persons who are exempt from
requirements to pay user fees under paragraph (1).''.
(152)Page 90, after line 5, insert:
Sec. 342. None of the funds in this or any other Act shall be
expended by the Department of the Interior, the Forest Service or any
other Federal agency, for the introduction of the grizzly bear
population in the Selway-Bitteroot area of Idaho and adjacent Montana,
or for consultations under section 7(b)(2) of the Endangered Species
Act for Federal actions affecting grizzly bear within the Selway-
Bitteroot area of Idaho, except that, funds may be used by the
Department of the Interior or the Forest Service, or any other Federal
agency for the purposes of receiving public comment on the draft
Environmental Impact Statement dated July 1997, and for conducting a
habitat-based population viability analysis.
(153)Page 90, after line 5, insert:
Sec. 343. The Secretary of Agriculture shall hereafter phase in,
over a 5 year period, the fee increase for a recreation residence
special use permit holder whose fee increase is more than 100 percent
of the previous year's fee: Provided, That no recreation residence fee
may be increased any sooner than one year from the time the permittee
has been notified by the Forest Service of the results of an appraisal
which has been conducted for the purpose of establishing such fees:
Provided further, That no increases in recreation residence fees on the
Sawtooth National Forest will be implemented prior to January 1, 1999.
(154)Page 90, after line 5, insert:
Sec. 344. It is the sense of the Senate that--
(1) preserving Civil War battlefields should be an integral
part of preserving our Nation's history; and
(2) Congress should give special priority to the
preservation of Civil War battlefields by making funds
available for the purchase of threatened and endangered Civil
War battlefield sites.
(155)Page 90, after line 5, insert:
Sec. 345. It is the sense of the Senate that, inasmuch as there is
disagreement as to what extent, if any, Federal funding for the arts is
appropriate, and what modifications to the mechanism for such funding
may be necessary; and further, inasmuch as there is a role for the
private sector to supplement the Federal, State, and local partnership
in support of the arts, hearings should be conducted and legislation
addressing these issues should be brought before the full Senate for
debate and passage during this Congress.
(156)Page 90, after line 5, insert:
Sec. 346. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals who have historically been outside the purview
of arts and humanities programs due to factors such as a high
incidence of income below the poverty line or to geographic
isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(157)Page 90, after line 5, insert:
Sec. 347. Within 90 days of enactment of this legislation, the
Forest Service shall complete its export policy and procedures on the
use of Alaskan Western Red Cedar. In completing this policy, the Forest
Service shall evaluate the costs and benefits of a pricing policy that
offers any Alaskan Western Red Cedar in excess of domestic processing
needs in Alaska first to United States domestic processors.
(158)Page 90, after line 5, insert:
Sec. 348. Of the funds appropriated and designated an emergency
requirement in title II, chapter 5 of Public Law 104-134, under the
heading ``Forest Service, Construction'', $4,000,000 shall be available
for the reconstruction of the Oakridge Ranger Station, on the
Willamette National Forest in Oregon: Provided, That the amount shall
be available only to the extent an official request, that includes
designation of the amount as an emergency requirement as defined by the
Balanced Budget and Emergency Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further, That
reconstruction of the facility is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
(159)Page 90, after line 5, insert:
Sec. 349. Implementation of New Guidelines on National Forests in
Arizona and New Mexico. (a) Notwithstanding any other provision of law,
none of the funds made available under this or any other Act may be
used for the purposes of executing any adjustments to annual operating
plans, allotment management plans, or terms and conditions of existing
grazing permits on National Forests in Arizona and New Mexico, which
are or may be deemed necessary to achieve compliance with 1996
amendments to the applicable forest plans, until March 1, 1998, or such
time as the Forest Service publishes a schedule for implementing
proposed changes, whichever occurs first.
(b) Nothing in this section shall be interpreted to preclude the
expenditure of funds for the development of annual operating plans,
allotment management plans, or in developing modifications to grazing
permits in cooperation with the permittee.
(c) Nothing in this section shall be interpreted to change
authority or preclude the expenditure of funds pursuant to section 504
of the 1995 Rescissions Act (Public Law 104-19).
(160)Page 90, after line 5, insert:
Sec. 350. Payments for Entitlement Land. Section 6901(2)(A)(i) of
title 31, United States Code, is amended by inserting ``(other than in
Alaska)'' after ``city'' the first place such term appears.
(161)Page 90, after line 5, insert:
Sec. 351. Delete section 103(c)(7) of Public Law 104-333 and
replace with the following:
``(7) Staff.--Notwithstanding any other provisions of law,
the Trust is authorized to appoint and fix the compensation and
duties and terminate the services of an executive director and
such other officers and employees as it deems necessary without
regard to the provisions of title 5, United States Code, or
other laws related to the appointment, compensation or
termination of Federal employees.''.
(162)Page 90, strike out all after line 5 over to and including line 25
on page 95
(163)Page 95, after line 25, insert:
TITLE V--PRIORITY LAND ACQUISITIONS AND EXCHANGES
For priority land acquisitions and land exchange agreements to be
conducted by the Bureau of Land Management, the U.S. Fish and Wildlife
Service, the National Park Service and the U.S. Forest Service,
$700,000,000, to be derived from the Land and Water Conservation Fund,
to remain available until September 30, 2001, of which not to exceed
$65,000,000 may be available for the acquisition of identified lands
and interests in lands to carry out the Agreement of August 12, 1996,
to acquire interests to protect and preserve Yellowstone National Park,
of which not to exceed $250,000,000 may be available for the
acquisition of identified lands and interest in lands, at the purchase
price specified, in the September 28, 1996, Headwaters Forest
Agreement, and of which $100,000,000 shall be available for financial
assistance to States pursuant to section 6 of the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11):
Provided, That the Secretary of the Interior and the Secretary of
Agriculture, after consultation with the heads of the National Park
Service, the United States Fish and Wildlife Service, the Bureau of
Land Management, and the Forest Service, shall jointly submit to
Congress a report listing the lands and interests in land, in order of
priority, that the Secretaries propose for acquisition or exchange
using funds provided under this heading: Provided further, That in
determining the order of priority, the Secretaries shall consider with
respect to each property the following: The natural resources located
on the property; the degree to which a natural resource on the property
is threatened; the length of time required to consummate the
acquisition or exchange; the extent to which an increase in the cost of
the property makes timely completion of the acquisition or exchange
advisable; the extent of public support for the acquisition or exchange
(including support of local governments and members of the public); the
total estimated costs associated with the acquisition or exchange,
including the costs of managing the lands to be acquired; the extent of
current Federal ownership of property in the region; and such other
factors as the Secretaries consider appropriate, which factors shall be
described in the report in detail: Provided further, That the report
shall describe the relative weight accorded to each such factor in
determining the priority of acquisitions and exchanges: Provided
further, That none of the funds appropriated under this heading shall
be available until the House Committee on Appropriations and the Senate
Committee on Appropriations approve, in writing, a project list to be
submitted by the Secretary: Provided further, That none of the funds
appropriated under this heading shall be available for the acquisition
of lands and interests in lands to carry out the Agreement of August
12, 1996, to acquire interests to protect and preserve Yellowstone
National Park, or for the acquisition of lands and interest in lands
identified in the September 28, 1996, Headwaters Forest Agreement until
enactment of legislation specifically authorizing such expenditure:
Provided further, That any funds made available for the purpose of
acquisition of the Elwha and Glines dams shall be used solely for
acquisition, and shall not be expended until the full purchase amount
has been appropriated by the Congress: Provided further, That of the
funds provided herein, $8,500,000 is available for acquisition of the
Sterling Forest: Provided further, That the National Park Service may
use not to exceed $2,500,000 annually of the amounts provided herein
for the state assistance program to administer the state assistance
program.
(164)Page 95, after line 25, insert:
TITLE VI--FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF
Sec. 601. Short Title.--This Act may be cited as the ``Forest
Resources Conservation and Shortage Relief Act of 1997''.
Sec. 602. (a) Use of Unprocessed Timber--Limitation on Substitution
of Unprocessed Federal Timber for Unprocessed Timber From Private
Land.--Section 490 of the Forest Resources Conservation and Shortage
Relief Act of 1990 (16 U.S.C. 620b) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``paragraph (3)
and'' after ``provided in''; and
(B) by adding at the end the following:
``(3) Applicability.--In the case of the purchase by a
person of unprocessed timber originating from Federal lands
west of the 119th meridian in the State of Washington, this
paragraph shall apply only if--
``(A) the private lands referred to in paragraph
(1) are owned by the person; or
``(B) the person has the exclusive right to harvest
timber from the private lands described in paragraph
(1) during a period of more than 7 years, and may
exercise that right at any time of the person's
choosing.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Approval of'';
(B) in paragraph (2)--
(i) in the paragraph heading, by inserting
``for sourcing areas for processing facilities
located outside the northwestern private timber
open market area''; after ``Application''; and
(ii) in subparagraph (A), by inserting
``(except private land located in the
northwestern private timber open market area)''
after ``lands'';
(C) in paragraph (3)--
(i) in the paragraph heading, by inserting
``for sourcing areas for processing facilities
located outside of the northwestern private
timber open market area.--(A) In general'';
after ``approval''; and
(ii) by striking the last sentence of
paragraph (3) and adding at the end the
following:
``(B) For timber manufacturing facilities located
in idaho.--Except as provided in subparagraph (D), in
making a determination referred to in subparagraph (A),
the Secretary concerned shall consider the private
timber export and the private and Federal timber
sourcing patterns for the applicant's timber
manufacturing facilities, as well as the private and
Federal timber sourcing patterns for the timber
manufacturing facilities of other persons in the same
local vicinity of the applicant, and the relative
similarity of such private and Federal timber sourcing
patterns.
``(C) For timber manufacturing facilities located
in states other than idaho.--Except as provided in
subparagraph (D), in making the determination referred
to in subparagraph (A), the Secretary concerned shall
consider the private timber export and the Federal
timber sourcing patterns for the applicant's timber
manufacturing facilities, as well as the Federal timber
sourcing patterns for the timber manufacturing
facilities of other persons in the same local vicinity
of the applicant, and the relative similarity of such
Federal timber sourcing patterns. Private timber
sourcing patterns shall not be a factor in such
determinations in States other than Idaho.
``(D) Area not included.--In deciding whether to
approve or disapprove an application, the Secretary
shall not--
``(i) consider land located in the
northwestern private timber open market area;
or
``(ii) condition approval of the
application on the inclusion of any such land
in the applicant's sourcing area, such land
being includable in the sourcing area only to
the extent requested by the applicant.'';
(D) in paragraph (4), in the paragraph heading, by
inserting ``for sourcing areas for processing
facilities located outside the northwestern private
timber open market area''; after ``application'';
(E) in paragraph (5), in the paragraph heading, by
inserting ``for sourcing areas for processing
facilities located outside the northwestern private
timber open market area''; after ``Determinations'';
and
(F) by adding at the end the following:
``(6) Sourcing areas for processing facilities located in
the northwestern private timber open market area--
``(A) Establishment.-- In the northwestern private
timber open market area--
``(i) a sourcing area boundary shall be a
circle around the processing facility of the
sourcing area applicant or holder;
``(ii) the radius of the circle--
``(I) shall be the furthest
distance that the sourcing area
applicant or holder proposes to haul
Federal timber for processing at the
processing facility; and
``(II) shall be determined solely
by the sourcing area applicant or
holder;
``(iii) a sourcing area shall become
effective on written notice to the Regional
Forester for Region 6 of the Forest Service of
the location of the boundary of the sourcing
area;
``(iv) the 24-month requirement in
paragraph (1)(A) shall not apply;
``(v) a sourcing area holder--
``(I) may adjust the radius of the
sourcing area not more frequently than
once every 24 months; and
``(II) shall provide written notice
to the Regional Forester for Region 6
of the adjusted boundary of its
sourcing area before using the adjusted
sourcing area; and
``(vi) a sourcing area holder that
relinquishes a sourcing area may not
reestablish a sourcing area for that processing
facility before the date that is 24 months
after the date on which the sourcing area was
relinquished.
``(B) Transition.--With respect to a portion of a
sourcing area established before the date of enactment
of this paragraph that contains Federal timber under
contract before that date and is outside the boundary
of a new sourcing area established under subparagraph
(A)--
``(i) that portion shall continue to be a
sourcing area only until unprocessed Federal
timber from the portion is no longer in the
possession of the sourcing area holder; and
``(ii) unprocessed timber from private land
in that portion shall be exportable immediately
after unprocessed timber from Federal land in
the portion is no longer in the possession of
the sourcing area holder.
``(7) Relinquishment and termination of sourcing areas.--
``(A) In general.--A sourcing area may be
relinquished at any time.
``(B) Effective date.--A relinquishment of a
sourcing area shall be effective as of the date on
which written notice is provided by the sourcing area
holder to the Regional Forester with jurisdiction over
the sourcing area where the processing facility of the
holder is located.
``(C) Exportability.--
``(i) In general.--On relinquishment or
termination of a sourcing area, unprocessed
timber from private land within the former
boundary of the relinquished or terminated
sourcing area is exportable immediately after
unprocessed timber from Federal land from
within that area is no longer in the possession
of the former sourcing area holder.
``(ii) No restriction.--The exportability
of unprocessed timber from private land located
outside of a sourcing area shall not be
restricted or in any way affected by
relinquishment or termination of a sourcing
area.''; and
(3) by adding at the end the following:
``(d) Domestic Transportation and Processing of Private Timber.--
Nothing in this section restricts or authorizes any restriction on the
domestic transportation or processing of timber harvested from private
land, except that the Secretary may prohibit processing facilities
located in the State of Idaho that have sourcing areas from processing
timber harvested from private land outside of the boundaries of those
sourcing areas.''.
(b) Restriction on Exports of Unprocessed Timber from State and
Public Land.--Section 491(b)(2) of the Forest Resources Conservation
and Shortage Relief Act of 1990 (16 U.S.C. 620c(b)(2)) is amended--
(1) by striking ``the following'' and all that follows
through ``(A) The Secretary'' and inserting ``the Secretary'';
(2) by striking ``during the period beginning on June 1,
1993, and ending on December 31, 1995'' and inserting ``as of
the date of enactment of the Forest Resources Conservation and
Shortage Relief Act of 1997''; and
(3) by striking subparagraph (B).
Sec. 603. Monitoring and Enforcement.--Section 492 of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620d)
is amended--
(1) in subsection (c)(2), by adding at the end the
following:
``(C) Mitigation of penalties.--
``(i) In general.--The Secretary
concerned--
``(I) in determining the
applicability of any penalty imposed
under this paragraph, shall take into
account all relevant mitigating
factors, including mistake,
inadvertence, and error; and
``(II) based on any mitigating
factor, may, with respect to any
penalty imposed under this paragraph--
``(aa) reduce the penalty;
``(bb) not impose the
penalty; or
``(cc) on condition of
there being no further
violation under this paragraph
for a prescribed period,
suspend imposition of the
penalty.
``(ii) Contractual remedies.--In the case
of a minor violation of this title (including a
regulation), the Secretary concerned shall, to
the maximum extent practicable, permit a
contracting officer to redress the violation in
accordance with the applicable timber sale
contract rather than assess a penalty under
this paragraph.''; and
(2) in subsection (d)(1)--
(A) by striking ``The head'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), the
head''; and
(B) by adding at the end the following:
``(B) Prerequisites for debarment.--
``(i) In general.--No person may be
debarred from bidding for or entering into a
contract for the purchase of unprocessed timber
from Federal lands under subparagraph (A)
unless the head of the appropriate Federal
department or agency first finds, on the record
and after an opportunity for a hearing, that
debarment is warranted.
``(ii) Withholding of awards during
debarment proceedings.--The head of an
appropriate Federal department or agency may
withhold an award under this title of a
contract for the purchase of unprocessed timber
from Federal lands during a debarment
proceeding.''.
Sec. 604. Definitions.--Section 493 of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620e) is
amended--
(1) by redesignating paragraphs (3) through (8) as
paragraphs (5) through (10), respectively;
(2) by inserting after paragraph (2) the following:
``(3) Minor violation.--The term `minor violation' means a
violation, other than an intentional violation, involving a
single contract, purchase order, processing facility, or log
yard involving a quantity of logs that is less than 25 logs and
has a total value (at the time of the violation) of less than
$10,000.
``(4) Northwestern private timber open market area.--The
term `northwestern private timber open market area' means the
State of Washington.'';
(3) in subparagraph (B)(ix) of paragraph (9) (as
redesignated by paragraph (1))--
(A) by striking ``Pulp logs or cull logs'' and
inserting ``Pulp logs, cull logs, and incidental
volumes of grade 3 and 4 sawlogs'';
(B) by inserting ``primary'' before ``purpose'';
and
(C) by striking the period at the end and
inserting: ``, or to the extent that a small quantity
of such logs are processed, into other products at
domestic processing facilities.''; and
(4) by adding at the end the following:
``(11) Violation.--The term `violation' means a violation
of this Act (including a regulation issued to implement this
Act) with regard to a course of action, including--
``(A) in the case of a violation by the original
purchaser of unprocessed timber, an act or omission
with respect to a single timber sale; and
``(B) in the case of a violation by a subsequent
purchaser of the timber, an act or omission with
respect to an operation at a particular processing
facility or log yard.''.
Sec. 605. Regulations.--Section 495(a) of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620f(a)) is
amended--
(1) by striking ``The Secretaries'' and inserting the
following:
``(1) Agriculture and interior.--The Secretaries'';
(2) by striking ``The Secretary of Commerce'' and inserting
the following:
``(2) Commerce.--The Secretary of Commerce''; and
(3) by striking the last sentence and inserting the
following:
``(3) Deadline.--
``(A) In general.--Except as otherwise provided in
this title, regulations and guidelines required under
this subsection shall be issued not later than June 1,
1998.
``(B) Interim regulations and guidelines.--The
regulations and guidelines issued under this title that
were in effect on the date of enactment of this
paragraph shall remain in effect until new regulations
and guidelines are issued under subparagraph (A).
``(4) Painting and branding.--
``(A) In general.--The Secretary concerned shall
issue regulations that impose reasonable painting,
branding, or other forms of marking or tracking
requirements on unprocessed timber if--
``(i) the benefits of the requirements
outweigh the cost of complying with the
requirements; and
``(ii) the Secretary determines that,
without the requirements, it is likely that the
unprocessed timber--
``(I) would be exported in
violation of this title; or
``(II) if the unprocessed timber
originated from Federal lands, would be
substituted for unprocessed timber
originating from private lands west of
the 100th Meridian in the contiguous 48
States in violation of this title.
``(B) Minimum size.--The Secretary concerned shall
not impose painting, branding, or other forms of
marking or tracking requirements on--
``(i) the face of a log that is less than 7
inches in diameter; or
``(ii) unprocessed timber that is less than
8 feet in length or less than \1/3\ sound wood.
``(C) Waivers.--
``(i) In general.--The Secretary concerned
may waive log painting and branding
requirements--
``(I) for a geographic area, if the
Secretary determines that the risk of
the unprocessed timber being exported
from the area or used in substitution
is low;
``(II) with respect to unprocessed
timber originating from private lands
located within an approved sourcing
area for a person who certifies that
the timber will be processed at a
specific domestic processing facility
to the extent that the processing does
occur; or
``(III) as part of a log yard
agreement that is consistent with the
purposes of the export and substitution
restrictions imposed under this title.
``(ii) Review and termination of waivers.--
A waiver granted under clause (i)--
``(I) shall, to the maximum extent
practicable, be reviewed once a year;
and
``(II) shall remain effective until
terminated by the Secretary.
``(D) Factors.--In making a determination under
this paragraph, the Secretary concerned shall
consider--
``(i) the risk of unprocessed timber of
that species, grade, and size being exported or
used in substitution;
``(ii) the location of the unprocessed
timber and the effect of the location on its
being exported or used in substitution;
``(iii) the history of the person involved
with respect to compliance with log painting
and branding requirements; and
``(iv) any other factor that is relevant to
determining the likelihood of the unprocessed
timber being exported or used in substitution.
``(5) Reporting.--
``(A) In general.--Subject to subparagraph (B), the
Secretary concerned shall issue regulations that impose
reasonable documentation and reporting requirements if
the benefits of the requirements outweigh the cost of
complying with the requirements.
``(B) Waivers.--
``(i) In general.--The Secretary concerned
may waive documentation and reporting
requirements for a person if--
``(I) an audit of the records of
the facility of the person reveals
substantial compliance with all notice,
reporting, painting, and branding
requirements during the preceding year;
or
``(II) the person transferring the
unprocessed timber and the person
processing the unprocessed timber enter
into an advance agreement with the
Secretary concerned regarding the
disposition of the unprocessed timber
by domestic processing.
``(ii) Review and termination of waivers.--
A waiver granted under clause (i)--
``(I) shall, to the maximum extent
practicable, be reviewed once a year;
and
``(II) shall remain effective until
terminated by the Secretary.''.
(165)Page 95, after line 25, insert:
TITLE VII--MICCOSUKEE SETTLEMENT
Sec. 701. Short Title. This title may be cited as the ``Miccosukee
Settlement Act of 1997''.
Sec. 702. Congressional Findings. Congress finds that:
(1) There is pending before the United States District
Court for the Southern District of Florida a lawsuit by the
Miccosukee Tribe that involves the taking of certain tribal
lands in connection with the construction of highway Interstate
75 by the Florida Department of Transportation.
(2) The pendency of the lawsuit referred to in paragraph
(1) clouds title of certain lands used in the maintenance and
operation of the highway and hinders proper planning for future
maintenance and operations.
(3) The Florida Department of Transportation, with the
concurrence of the Board of Trustees of the Internal
Improvements Trust Fund of the State of Florida, and the
Miccosukee Tribe have executed an agreement for the purpose of
resolving the dispute and settling the lawsuit.
(4) The agreement referred to in paragraph (3) requires the
consent of Congress in connection with contemplated land
transfers.
(5) The Settlement Agreement is in the interest of the
Miccosukee Tribe, as the Tribe will receive certain monetary
payments, new reservation lands to be held in trust by the
United States, and other benefits.
(6) Land received by the United States pursuant to the
Settlement Agreement is in consideration of Miccosukee Indian
Reservation lands lost by the Miccosukee Tribe by virtue of
transfer to the Florida Department of Transportation under the
Settlement Agreement.
(7) The United States lands referred to in paragraph (6)
will be held in trust by the United States for the use and
benefit of the Miccosukee Tribe as Miccosukee Indian
Reservation lands in compensation for the consideration given
by the Tribe in the Settlement Agreement.
(8) Congress shares with the parties to the Settlement
Agreement a desire to resolve the dispute and settle the
lawsuit.
Sec. 703. Definitions. In this title:
(1) Board of trustees of the internal improvements trust
fund.--The term ``Board of Trustees of the Internal
Improvements Trust Fund'' means the agency of the State of
Florida holding legal title to and responsible for trust
administration of certain lands of the State of Florida,
consisting of the Governor, Attorney General, Commissioner of
Agriculture, Commissioner of Education, Controller, Secretary
of State, and Treasurer of the State of Florida, who are
Trustees of the Board.
(2) Florida department of transportation.--The term
``Florida Department of Transportation'' means the executive
branch department and agency of the State of Florida that--
(A) is responsible for the construction and
maintenance of surface vehicle roads, existing pursuant
to section 20.23, Florida Statutes; and
(B) has the authority to execute the Settlement
Agreement pursuant to section 334.044, Florida
Statutes.
(3) Lawsuit.--The term ``lawsuit'' means the action in the
United States District Court for the Southern District of
Florida, entitled Miccosukee Tribe of Indians of Florida v.
State of Florida and Florida Department of Transportation. et
al., docket No. 91-285-Civ-Paine.
(4) Miccosukee lands.--The term ``Miccosukee lands'' means
lands that are--
(A) held in trust by the United States for the use
and benefit of the Miccosukee Tribe as Miccosukee
Indian Reservation lands; and
(B) identified pursuant to the Settlement Agreement
for transfer to the Florida Department of
Transportation.
(5) Miccosukee tribe; tribe.--The terms ``Miccosukee
Tribe'' and ``Tribe'' mean the Miccosukee Tribe of Indians of
Florida, a tribe of American Indians recognized by the United
States and organized under section 16 of the Act of June 18,
1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476) and recognized
by the State of Florida pursuant to chapter 285, Florida
Statutes.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Settlement agreement; agreement.--The terms
``Settlement Agreement'' and ``Agreement'' mean the assemblage
of documents entitled ``Settlement Agreement'' (with
incorporated exhibits) that--
(A) addresses the lawsuit; and
(B)(i) was signed on August 28, 1996, by Ben G.
Watts (Secretary of the Florida Department of
Transportation) and Billy Cypress (Chairman of the
Miccosukee Tribe); and
(ii) after being signed, as described in clause
(i), was concurred in by the Board of Trustees of the
Internal Improvements Trust Fund of the State of
Florida.
(8) State of florida.--The term ``State of Florida''
means--
(A) all agencies or departments of the State of
Florida, including the Florida Department of
Transportation and the Board of Trustees of the
Internal Improvements Trust Fund; and
(B) the State of Florida as a governmental entity.
Sec. 704. Authority of Secretary. As Trustee for the Miccosukee
Tribe, the Secretary shall--
(1)(A) aid and assist in the fulfillment of the Settlement
Agreement at all times and in a reasonable manner; and
(B) to accomplish the fulfillment of the Settlement
Agreement in accordance with subparagraph (A), cooperate with
and assist the Miccosukee Tribe;
(2) upon finding that the Settlement Agreement is legally
sufficient and that the State of Florida has the necessary
authority to fulfill the Agreement--
(A) sign the Settlement Agreement on behalf of the
United States; and
(B) ensure that an individual other that the
Secretary who is a representative of the Bureau of
Indian Affairs also signs the Settlement Agreement;
(3) upon finding that all necessary conditions precedent to
the transfer of Miccosukee land to the Florida Department of
Transportation as provided in the Settlement Agreement have
been or will be met so that the Agreement has been or will be
fulfilled, but for the execution of that land transfer and
related land transfers--
(A) transfer ownership of the Miccosukee land to
the Florida Department of Transportation in accordance
with the Settlement Agreement, including in the
transfer solely and exclusively that Miccosukee land
identified in the Settlement Agreement for transfer to
the Florida Department of Transportation; and
(B) in conjunction with the land transfer referred
to in subparagraph (A), transfer no land other than the
land referred to in that subparagraph to the Florida
Department of Transportation; and
(4) upon finding that all necessary conditions precedent to
the transfer of Florida lands from the State of Florida to the
United States have been or will be met so that the Agreement
has been or will be fulfilled but for the execution of that
land transfer and related land transfers, receive and accept in
trust for the use and benefit of the Miccosukee Tribe ownership
of all land identified in the Settlement Agreement for transfer
to the United States.
Sec. 705. Miccosukee Indian Reservation Lands. The lands
transferred and held in trust for the Miccosukee Tribe under section
704(4) shall be Miccosukee Indian Reservation lands.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 2107
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