[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2107 Reported in Senate (RS)]
Calendar No. 122
105th CONGRESS
1st Session
H. R. 2107
[Report No. 105-56]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 1997
Received; read twice and referred to the Committee on Appropriations
July 22, 1997
Reported by Mr. Gorton, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
<DELETED>$581,591,000 </DELETED>$578,851,000, to remain available until
expended, of which $2,043,000 shall be available for assessment of the
mineral potential of public lands in Alaska pursuant to section 1010 of
Public Law 96-487 (16 U.S.C. 3150); and of which $3,000,000 shall be
derived from the special receipt account established by the Land and
Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and
of which $1,500,000 shall be available in fiscal year 1998 subject to a
match by at least an equal amount by the National Fish and Wildlife
Foundation, to such Foundation for challenge cost share projects
supporting fish and wildlife conservation affecting Bureau lands; in
addition, <DELETED>$27,300,000 </DELETED>$27,650,000 for Mining Law
Administration program operations, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited to this
appropriation from annual mining claim fees so as to result in a final
appropriation estimated at not more than <DELETED>$581,591,000
</DELETED>$578,851,000; and in addition, not to exceed $5,000,000, to
remain available until expended, from annual mining claim fees; which
shall be credited to this account for the costs of administering the
mining claim fee program, and $2,000,000 from communication site rental
fees established by the Bureau for the cost of administering
communication site activities: Provided, That appropriations herein
made shall not be available for the destruction of healthy, unadopted,
wild horses and burros in the care of the Bureau or its contractors.
wildland fire management
For necessary expenses for fire use and management, fire
preparedness, suppression operations, and emergency rehabilitation by
the Department of the Interior, <DELETED>$280,103,000
</DELETED>$282,728,000, to remain available until expended, of which
not to exceed <DELETED>$5,025,000 </DELETED>$6,950,000 shall be for the
renovation or construction of fire facilities: Provided, That such
funds are also available for repayment of advances to other
appropriation accounts from which funds were previously transferred for
such purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without cost from
funds available from this appropriation.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (42 U.S.C. 9601 et seq.),
<DELETED>$12,000,000 </DELETED>$14,900,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302, sums recovered
from or paid by a party in advance of or as reimbursement for remedial
action or response activities conducted by the Department pursuant to
section 107 or 113(f) of such Act, shall be credited to this account to
be available until expended without further appropriation: Provided
further, That such sums recovered from or paid by any party are not
limited to monetary payments and may include stocks, bonds or other
personal or real property, which may be retained, liquidated, or
otherwise disposed of by the Secretary and which shall be credited to
this account.
construction
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, <DELETED>$3,254,000
</DELETED>$3,154,000, to remain available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended, (31 U.S.C. 6901-6907), <DELETED>$113,500,000
</DELETED>$120,000,000, of which not to exceed $400,000 shall be
available for administrative expenses: Provided, That no payment shall
be made to otherwise eligible units of local government if the computed
amount of the payment is less than $100.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, <DELETED>$12,000,000
</DELETED>$9,400,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein including
existing connecting roads on or adjacent to such grant lands;
$101,406,000, to remain available until expended: Provided, That 25 per
centum of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
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.
Any receipts derived from treatments funded by this account shall be
deposited into the Forest Ecosystem Health and Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per
centum of all moneys received during the prior fiscal year under
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and
the amount designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$9,113,000, to remain available until expended: Provided, That not to
exceed $600,000 shall be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law 93-153,
to remain available until expended: Provided, That notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly-produced
publications for which the cooperators share the cost of printing
either in cash or in services, and the Bureau determines the cooperator
is capable of meeting accepted quality standards.
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and utilization
of fishery and wildlife resources, except whales, seals, and sea lions,
and for the performance of other authorized functions related to such
resources; for the general administration of the United States Fish and
Wildlife Service; for maintenance of the herd of long-horned cattle on
the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for
high priority projects within the scope of the approved budget which
shall be carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended, <DELETED>$591,042,000
</DELETED>$585,064,000, to remain available until September 30, 1999,
of which $11,612,000 shall remain available until expended for
operation and maintenance of fishery mitigation facilities constructed
by the Corps of Engineers under the Lower Snake River Compensation
Plan, authorized by the Water Resources Development Act of 1976, to
compensate for loss of fishery resources from water development
projects on the Lower Snake River, and of which not less than
$2,000,000 shall be provided to local governments in southern
California for planning associated with the Natural Communities
Conservation Planning (NCCP) program and shall remain available until
expended<DELETED>,-and of which not to exceed $5,190,000 shall be used
for implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act of 1973, as amended</DELETED>: 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'': 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.
construction
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection,
and utilization of fishery and wildlife resources, and the acquisition
of lands and interests therein; <DELETED>$40,256,000
</DELETED>$43,053,000, to remain available until expended.
natural resource damage assessment fund
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of
1990 (Public Law 101-380), and Public Law 101-337; <DELETED>$4,128,000
</DELETED>$4,328,000, to remain available until expended: Provided,
That under this heading in Public Law 104-134, strike ``in fiscal year
1996 and thereafter'' in the proviso and insert ``heretofore and
hereafter'', and before the phrase, ``or properties shall be utilized''
in such proviso, insert ``, to remain available until expended,'':
Provided further, That the first proviso under this heading in Public
Law 103-138 is amended by inserting after ``account'' the following:
``, including transfers to Federal trustees and payments to non-Federal
trustees,''.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, <DELETED>$53,000,000
</DELETED>$57,292,000, to remain available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended,
$14,000,000, for grants to States, to be derived from the Cooperative
Endangered Species Conservation Fund, and to remain available until
expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), <DELETED>$10,000,000 </DELETED>$10,779,000.
rewards and operations
For expenses necessary to carry out the provisions of the African
Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), $1,000,000, to remain available until expended.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
<DELETED>$10,500,000 </DELETED>$13,000,000, to remain available until
expended.
rhinoceros and tiger conservation fund
For deposit to the Rhinoceros and Tiger Conservation Fund,
$400,000, to remain available until expended, to carry out the
Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103-391).
wildlife conservation and appreciation fund
For deposit to the Wildlife Conservation and Appreciation Fund,
$800,000, to remain available until expended.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 108
passenger motor vehicles, of which 92 are for replacement only
(including 57 for police-type use); not to exceed $400,000 for payment,
at the discretion of the Secretary, for information, rewards, or
evidence concerning violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activities,
authorized or approved by the Secretary and to be accounted for solely
on his certificate; repair of damage to public roads within and
adjacent to reservation areas caused by operations of the Service;
options for the purchase of land at not to exceed $1 for each option;
facilities incident to such public recreational uses on conservation
areas as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under the
jurisdiction of the Service and to which the United States has title,
and which are utilized pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly-produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not spend any of
the funds appropriated in this Act for the purchase of lands or
interests in lands to be used in the establishment of any new unit of
the National Wildlife Refuge System unless the purchase is approved in
advance by the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained in the report
accompanying this bill: Provided further, That the Secretary may sell
land and interests in land, other than surface water rights, acquired
in conformance with subsections 206(a) and 207(c) of Public Law 101-
816, the receipts of which shall be deposited to the Lahontan Valley
and Pyramid Lake Fish and Wildlife Fund and used exclusively for the
purposes of such subsections, without regard to the limitation on the
distribution of benefits in subsection 206(f)(2) of such law.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not to exceed
<DELETED>$2,500,000 </DELETED>$1,593,000 for the Volunteers-in-Parks
program, and not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by 16 U.S.C. 1706,
<DELETED>$1,232,325,000 </DELETED>$1,249,409,000, of which $12,800,000
for research, planning and interagency coordination in support of land
acquisition for Everglades restoration shall remain available until
expended, and of which not to exceed $72,000,000, to remain available
until expended, is to be derived from the special fee account
established pursuant to title V, section 5201 of Public Law 100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, <DELETED>$43,934,000, of
which $4,500,000 is for grants to Heritage areas in accordance with
titles I-VI and VIII-IX, division II of Public Law 104-333 and is
</DELETED>$45,284,000 to remain available until September 30, 1999.
historic preservation fund
For expenses necessary in carrying out the Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333),
<DELETED>$40,412,000 </DELETED>$39,812,000, to be derived from the
Historic Preservation Fund, to remain available until September 30,
1999, of which $3,200,000 pursuant to section 507 of Public Law 104-333
shall remain available until expended.
construction
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of
the Everglades National Park Protection and Expansion Act of 1989,
<DELETED>$148,391,000 </DELETED>$167,894,000 to remain available until
expended<DELETED>:-Provided, That $500,000 for the Rutherford B. Hayes
Home and $600,000 for the Sotterly Plantation House shall be derived
from the Historic Preservation Fund pursuant to 16 U.S.C.
470A</DELETED>: Provided, That $500,000 for the Darwin Mountain 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 $1,000,000 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.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 1998 by 16 U.S.C.
460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority applicable to
the National Park Service, <DELETED>$129,000,000
</DELETED>$125,690,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended<DELETED>,-of
which $1,000,000 is to administer the State assistance
program</DELETED>: Provided, That any funds made available for the
purpose of acquisition of the Elwha and Glines dams shall be used
solely for acquisition, and shall not be expended until the full
purchase amount has been appropriated by the Congress<DELETED>:-
Provided further, That of the funds provided herein, $8,500,000 is
available for acquisition of the Sterling Forest</DELETED>: 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 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.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 396 passenger motor vehicles, of which
302 shall be for replacement only, including not to exceed 315 for
police-type use, 13 buses, and 6 ambulances: Provided, That none of the
funds appropriated to the National Park Service may be used to process
any grant or contract documents which do not include the text of 18
U.S.C. 1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement for the
redevelopment of the southern end of Ellis Island until such agreement
has been submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full and comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
The National Park Service may distribute to operating units based
on the safety record of each unit the costs of programs designed to
improve workplace and employee safety, and to encourage employees
receiving workers' compensation benefits pursuant to chapter 81 of
title 5, United States Code, to return to appropriate positions for
which they are medically able.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, and the mineral and water resources of the United
States, its Territories and possessions, and other areas as authorized
by 43 U.S.C. 31, 1332, and 1340; classify lands as to their mineral and
water resources; give engineering supervision to power permittees and
Federal Energy Regulatory Commission licensees; administer the minerals
exploration program (30 U.S.C. 641); and publish and disseminate data
relative to the foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law and to publish and disseminate data;
<DELETED>$755,795,000 </DELETED>$758,160,000 of which $66,231,000 shall
be available only for cooperation with States or municipalities for
water resources investigations; and of which $16,400,000 shall remain
available until expended for conducting inquiries into the economic
conditions affecting mining and materials processing industries; and of
which $2,000,000 shall remain available until expended for development
of a mineral and geologic database; and of which <DELETED>$147,794,000
</DELETED>$147,159,000 shall be available until September 30, 1999 for
the biological research activity and the operation of the Cooperative
Research Units: Provided, That none of these funds provided for the
biological research activity shall be used to conduct new surveys on
private property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this appropriation
shall be used to pay more than one-half the cost of topographic mapping
or water resources data collection and investigations carried on in
cooperation with States and municipalities: 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.
administrative provisions
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services;
contracting for the furnishing of topographic maps and for the making
of geophysical or other specialized surveys when it is administratively
determined that such procedures are in the public interest;
construction and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and observation
wells; expenses of the United States National Committee on Geology; and
payment of compensation and expenses of persons on the rolls of the
Survey duly appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through the
use of contracts, grants, or cooperative agreements as defined in 31
U.S.C. 6302, et seq.: Provided further, That the USGS may contract
directly with individuals or indirectly with institutions or nonprofit
organizations, without regard to section 41 U.S.C. 5, for the temporary
or intermittent services of science students or recent graduates, who
shall be considered employees for the purposes of chapter 81 of title
5, United States Code, relating to compensation for work injuries, and
chapter 171 of title 28, United States Code, relating to tort claims,
but shall not be considered to be Federal employees for any other
purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of
royalties, as authorized by law; for enforcing laws and regulations
applicable to oil, gas, and other minerals leases, permits, licenses
and operating contracts; and for matching grants or cooperative
agreements; including the purchase of not to exceed eight passenger
motor vehicles for replacement only; <DELETED>$139,621,000
</DELETED>$135,722,000, of which not less than <DELETED>$70,874,000
</DELETED>$66,175,000 shall be available for royalty management
activities; and an amount not to exceed $65,000,000 <DELETED>for
activities within the Outer Continental Shelf (OCS) Lands
Program</DELETED>, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate increases to
fee collections for OCS administrative activities performed by the
Minerals Management Service over and above the rates in effect on
September 30, 1993, and from additional fees for OCS administrative
activities established after September 30, 1993: Provided, That
<DELETED>$1,500,000 </DELETED>$3,000,000 for computer acquisitions
shall remain available until September 30, 1999: Provided further, That
funds appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other provision
of law, $15,000 under this head shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or Tribes, or to
correct prior unrecoverable erroneous payments.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $6,118,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; <DELETED>$94,937,000
</DELETED>$97,437,000, and notwithstanding 31 U.S.C. 3302, an
additional amount shall be credited to this account, to remain
available until expended, from performance bond forfeitures in fiscal
year 1998: Provided, That the Secretary of the Interior, pursuant to
regulations, may utilize directly or through grants to States, moneys
collected in fiscal year 1998 for civil penalties assessed under
section 518 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, <DELETED>$179,624,000 </DELETED>$177,624,000, to be
derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended; of which up to $5,000,000 shall be for
supplemental grants to States for the reclamation of abandoned sites
with acid mine rock drainage from coal mines through the Appalachian
Clean Streams Initiative: Provided, That grants to minimum program
States will be $1,500,000 per State in fiscal year 1998: Provided
further, That of the funds herein provided up to $18,000,000 may be
used for the emergency program authorized by section 410 of Public Law
95-87, as amended, of which no more than 25 per centum shall be used
for emergency reclamation projects in any one State and funds for
federally-administered emergency reclamation projects under this
proviso shall not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency reclamation program
shall not be subject to the 25 per centum limitation per State and may
be used without fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97-365, the Department of the
Interior is authorized to use up to 20 per centum from the recovery of
the delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That funds made
available to States under title IV of Public Law 95-87 may be used, at
their discretion, for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That the
State of Maryland may set aside the greater of $1,000,000 or 10 percent
of the total of the grants made available to the State under title IV
of the Surface Mining Control and Reclamation Act of 1977, as amended
(30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an
acid mine drainage abatement and treatment fund established under a
State law, pursuant to which law the amount (together with all interest
earned on the amount) is expended by the State to undertake acid mine
drainage abatement and treatment projects, except that before any
amounts greater than 10 percent of its title IV grants are deposited in
an acid mine drainage abatement and treatment fund, the State of
Maryland must first complete all Surface Mining Control and Reclamation
Act priority one projects.
Bureau of Indian Affairs
operation of indian programs
For operation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts, and grants including expenses
necessary to provide education and welfare services for Indians, either
directly or in cooperation with States and other organizations,
including payment of care, tuition, assistance, and other expenses of
Indians in boarding homes, or institutions, or schools; grants and
other assistance to needy Indians; maintenance of law and order;
management, development, improvement, and protection of resources and
appurtenant facilities under the jurisdiction of the Bureau, including
payment of irrigation assessments and charges; acquisition of water
rights; advances for Indian industrial and business enterprises;
operation of Indian arts and crafts shops and museums; development of
Indian arts and crafts, as authorized by law; for the general
administration of the Bureau, including such expenses in field offices;
maintaining of Indian reservation roads as defined in 23 U.S.C. 101;
and construction, repair, and improvement of Indian housing,
<DELETED>$1,526,815,000 </DELETED>$1,527,024,000, to remain available
until September 30, 1999 except as otherwise provided herein, of which
not to exceed $93,825,000 shall be for welfare assistance payments and
not to exceed $105,829,000 shall be for payments to tribes and tribal
organizations for contract support costs associated with ongoing
contracts or grants or compacts entered into with the Bureau prior to
fiscal year 1998, as authorized by the Indian Self-Determination Act of
1975, as amended, and up to $5,000,000 shall be for the Indian Self-
Determination Fund, which shall be available for the transitional cost
of initial or expanded tribal contracts, grants, compacts, or
cooperative agreements with the Bureau under such Act; and of which not
to exceed $374,290,000 for school operations costs of Bureau-funded
schools and other education programs shall become available on July 1,
1998, and shall remain available until September 30, 1999; and of which
not to exceed <DELETED>$59,775,000 </DELETED>$59,479,000 shall remain
available until expended for housing improvement, road maintenance,
attorney fees, litigation support, self-governance grants, the Indian
Self-Determination Fund, land records improvements and the Navajo-Hopi
Settlement Program: Provided, That tribes and tribal contractors may
use their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants or compact agreements and for unmet welfare
assistance costs: Provided further, That funds made available to tribes
and tribal organizations through contracts, compact agreements, or
grants obligated during fiscal years 1998 and 1999, as authorized by
the Indian Self-Determination Act of 1975, or grants authorized by the
Indian Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall
remain available until expended by the contractor or grantee: Provided
further, That to provide funding uniformity within a Self-Governance
Compact, any funds provided in this Act with availability for more than
two years may be reprogrammed to two year availability but shall remain
available within the Compact until expended: Provided further, That
notwithstanding any other provision of law, Indian tribal governments
may, by appropriate changes in eligibility criteria or by other means,
change eligibility for general assistance or change the amount of
general assistance payments for individuals within the service area of
such tribe who are otherwise deemed eligible for general assistance
payments so long as such changes are applied in a consistent manner to
individuals similarly situated: Provided further, That any savings
realized by such changes shall be available for use in meeting other
priorities of the tribes: Provided further, That any net increase in
costs to the Federal Government which result solely from tribally
increased payment levels for general assistance shall be met
exclusively from funds available to the tribe from within its tribal
priority allocation: Provided further, That any forestry funds
allocated to a tribe which remain unobligated as of September 30, 1998,
may be transferred during fiscal year 1999 to an Indian forest land
assistance account established for the benefit of such tribe within the
tribe's trust fund account: Provided further, That any such unobligated
balances not so transferred shall expire on September 30, 1999:
Provided further, That notwithstanding any other provision of law, no
funds available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska in fiscal year 1998: Provided further,
That funds made available in this or any other Act for expenditure
through September 30, 1999 for schools funded by the Bureau shall be
available only to the schools in the Bureau school system as of
September 1, 1996: Provided further, That no funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995: Provided further, That beginning in fiscal year
1998 and thereafter and notwithstanding 25 U.S.C. 2012(h)(1)(B), when
the rates of basic compensation for teachers and counselors at Bureau-
operated schools are established at the rates of basic compensation
applicable to comparable positions in overseas schools under the
Defense Department Overseas Teachers Pay and Personnel Practices Act,
such rates shall become effective with the start of the next academic
year following the issuance of the Department of Defense salary
schedule and shall not be effected retroactively: Provided further,
That the Cibecue Community School may use prior year school operations
funds for the construction of a new high school facility which is in
compliance with 25 U.S.C. 2005(a) provided that any additional
construction costs for replacement of such facilities begun with prior
year funds shall be completed exclusively with non-Federal funds:
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) provided that any construction costs
for subsequent replacement of such facilities is completed exclusively
with non-Federal funds.
construction
For construction, major repair, and improvement of irrigation and
power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming,
and for construction of the Navajo Indian Irrigation Project pursuant
to Public Law 87-483, <DELETED>$110,751,000 </DELETED>$125,051,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further, That
not to exceed 6 per centum of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a non-reimbursable
basis: Provided further, That for fiscal year 1998, in implementing new
construction or facilities improvement and repair project grants in
excess of $100,000 that are provided to tribally controlled grant
schools under Public Law 100-297, as amended, the Secretary of the
Interior shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants shall not
be subject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required by 25
U.S.C. 2005(a), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements contained in
25 U.S.C. 2505(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, <DELETED>$41,352,000
</DELETED>$43,352,000, to remain available until expended; of which
<DELETED>$40,500,000 </DELETED>$42,000,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618, 102-374, and 102-575, and for
implementation of other enacted water rights settlements, including not
to exceed $8,000,000, which shall be for the Federal share of the
Catawba Indian Tribe of South Carolina Claims Settlement, as authorized
by section 5(a) of Public Law 103-116; and of which <DELETED>$852,000
</DELETED>$1,352,000 shall be available pursuant to Public Laws 99-264,
100-383, 103-402, and 100-580: Provided, That the Secretary is directed
to sell land and interests in land, other than surface water rights,
acquired in conformance with section 2 of the Truckee River Water
Quality Settlement Agreement, the receipts of which shall be deposited
to the Lahontan Valley and Pyramid Lake Fish and Wildlife Fund, and be
available for the purposes of section 2 of such Agreement, without
regard to the limitation on the distribution of benefits in the second
sentence of paragraph 206(f)(2) of Public Law 101-618.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $34,615,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $500,000.
administrative provisions
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
the Technical Assistance of Indian Enterprises account, the Indian
Direct Loan Program account, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits, and purchase of
not to exceed 229 passenger motor vehicles, of which not to exceed 187
shall be for replacement only.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office operations or pooled
overhead general administration shall be available for tribal
contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs under the provisions of the Indian Self-Determination
Act or the Tribal Self-Governance Act of 1994 (Public Law 103-413).
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, <DELETED>$68,214,000
</DELETED>$67,214,000, of which (1) <DELETED>$64,365,000
</DELETED>$63,365,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $3,849,000 shall be available for salaries
and expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or utilized by such governments, may be
audited by the General Accounting Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That of the amounts provided
for technical assistance, sufficient funding shall be made available
for a grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance improvement are
appropriated to institutionalize routine operations and maintenance
improvement of capital infrastructure in American Samoa, Guam, the
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia through assessments of long-range
operations maintenance needs, improved capability of local operations
and maintenance institutions and agencies (including management and
vocational education training), and project-specific maintenance (with
territorial participation and cost sharing to be determined by the
Secretary based on the individual territory's commitment to timely
maintenance of its capital assets): Provided further, That any
appropriation for disaster assistance under this head in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, and for economic assistance and necessary expenses
for the Republic of Palau as provided for in sections 122, 221, 223,
232, and 233 of the Compact of Free Association, <DELETED>$20,445,000
</DELETED>$20,545,000, to remain available until expended, as
authorized by Public Law 99-239 and Public Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $58,286,000, of which not to exceed $8,500 may be for
official reception and representation expenses, and of which up to
$1,200,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $35,443,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
<DELETED>$24,439,000 </DELETED>$24,500,000.
National Indian Gaming Commission
salaries and expenses
<DELETED> For necessary expenses of the National Indian Gaming
Commission, pursuant to Public Law 100-497, $1,000,000.</DELETED>
For necessary expenses of the National Indian Gaming Commission,
pursuant to Public Law 100-497, $1,000,000, to remain available until
expended.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants,
<DELETED>$32,126,000 </DELETED>$35,689,000, to remain available until
expended <DELETED>for trust funds management</DELETED>: Provided, That
funds for trust management improvements may be transferred to the
Bureau of Indian Affairs: Provided further, That funds made available
to tribes and tribal organizations through contracts or grants
obligated during fiscal year 1998, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain
available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the statute
of limitations shall not commence to run on any claim, including any
claim in litigation pending on the date of this Act, concerning losses
to or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of such funds
from which the beneficiary can determine whether there has been a loss.
Administrative Provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no programs
funded with appropriated funds in the ``Departmental Management'',
``Office of the Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund or the Consolidated Working
Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oilspills; response and
natural resource damage assessment activities related to actual
oilspills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for emergency
rehabilitation and wildfire suppression activities, no funds shall be
made available under this authority until funds appropriated to
``Wildland Fire Management'' shall have been exhausted: Provided
further, That all funds used pursuant to this section are hereby
designated by Congress to be ``emergency requirements'' pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C.
Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of twelve months beginning at any time during
the fiscal year.
<DELETED> Sec. 107. No final rule or regulation of any agency of the
Federal Government pertaining to the recognition, management, or
validity of a right-of-way pursuant to Revised Statute 2477 (43 U.S.C.
932) shall take effect unless expressly authorized by an Act of
Congress subsequent to the date of enactment of this Act.</DELETED>
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of Northern,
Central, and Southern California; the North Atlantic; Washington and
Oregon; and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior for the conduct of <DELETED>leasing, or the
approval or permitting of any drilling or other exploration activity,
</DELETED>offshore oil and natural gas preleasing, leasing, and related
activities on lands within the North Aleutian Basin planning area.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the Eastern Gulf of
Mexico planning area for any lands located outside Sale 181, as
identified in the final Outer Continental Shelf 5-Year Oil and Gas
Leasing Program, 1997-2002.
Sec. 111. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
<DELETED> 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.) 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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (b) deposited only into accounts that are insured
by an agency or instrumentality of the United States.</DELETED>
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.) 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.
<DELETED> 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Benefits under this section shall be available to
Helium Operations employees who are or will be involuntarily separated
before October 1, 2002 because of the cessation of helium production
and sales and other related activities.</DELETED>
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.
<DELETED> Sec. 114. None of the funds in this or previous
appropriations Acts may be used to establish a new regional office in
the United States Fish and Wildlife Service without the advance
approval of the House and Senate Committees on
Appropriations.</DELETED>
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.
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''.
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.''
Sec. 118. (a) No funds 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 and internal transfers pursuant to other law) may be
allocated or expended by the Bureau of Indian Affairs (hereinafter in
this section ``BIA'') until sixty days after the BIA has submitted to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives the report required
under subsection (b).
(b) The BIA is directed to develop a formula through which TPA
funds will be allocated on the basis of need, taking into account each
tribe's tribal business revenues from all business ventures, including
gaming. The BIA shall submit to the Congress its recommendations for
need-based distribution formulas for TPA funds prior to January 1,
1998. Such recommendations shall include several proposed formulas,
which shall provide alternative means of measuring the wealth and needs
of tribes.
(c) Notwithstanding any other provision of law, the BIA is hereby
authorized to collect such financial and supporting information as is
necessary from each tribe receiving or seeking to receive TPA funding
to determine such tribe's tribal business revenue from business
ventures, including gaming, for use in determining such tribe's wealth
and needs for the purposes of this section. The BIA shall obtain such
information on the previous calendar or fiscal year's business revenues
no later than April 15th of each year. For purposes of preparing its
recommendations under subsection (b), the BIA shall require each tribe
that received TPA funds in fiscal year 1997 to submit such information
by November 1, 1997.
(d) At the request of a tribe, the BIA shall provide such technical
assistance as is necessary to foster the tribe's compliance with
subsection (c). Any tribe which does not comply with subsection (c) in
any given year will be ineligible to receive TPA funds for the
following fiscal year, as such tribe's relative need cannot be
determined.
(e) For the purposes of this section, the term ``tribal business
revenue'' means income, however derived, from any venture (regardless
of the nature or purpose of the activity) owned, held, or operated, in
whole or in part, by any entity (whether corporate, partnership, sole
proprietorship, trust, or cooperative in nature) on behalf of the
collective members of any tribe that has received or seeks to receive
TPA, and any income from license fees and royalties collected by any
such tribe. Payments by corporations to shareholders who are
shareholders based on stock ownership, not tribal membership, will not
be considered tribal business revenue under this section unless the
corporation is operated by a tribe.
(f) Notwithstanding any provision of this Act or any other Act
hereinafter enacted, no funds may be allocated or expended by any
agency of the Federal Government for TPA after October 1, 1998 except
in accordance with a needs-based funding formula that takes into
account all tribal business revenues, including gaming, of each tribe
receiving TPA funds.
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)''.
tribal priority allocation limitation
Sec. 120. The receipt by an Indian Tribe of tribal priority
allocations funding from the Bureau of Indian Affairs ``Operation of
Indian Programs'' account under this Act shall--
(1) waive any claim of immunity by that Indian tribe;
(2) subject that Indian tribe to the jurisdiction of the
courts of the United States, and grant the consent of the
United States to the maintenance of suit and jurisdiction of
such courts irrespective of the issue of tribal immunity; and
(3) grant United States district courts original
jurisdiction of all civil actions brought by or against any
Indian tribe or band with a governing body duly recognized by
the Secretary of the Interior, wherein the matter in
controversy arises under the Constitution, laws, or treaties of
the United States.
Sec. 121. 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.
Sec. 122. 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''.
Sec. 123. (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.
Sec. 124. (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.
TITLE II--RELATED AGENCIES
Department of Agriculture
forest service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, <DELETED>$187,644,000 </DELETED>$188,644,000, to
remain available until expended.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, Territories, possessions, and
others, and for forest health management, cooperative forestry, and
education and land conservation activities, <DELETED>$157,922,000
</DELETED>$162,668,000, to remain available until expended, as
authorized by law: Provided, That of funds available under this heading
for Pacific Northwest Assistance in this or prior appropriations Acts,
$800,000 shall be provided to the World Forestry Center for purposes of
continuing scientific research and other authorized efforts regarding
the land exchange efforts in the Umpqua River Basin region: Provided
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.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, for forest planning, inventory, and
monitoring, and for administrative expenses associated with the
management of funds provided under the heads ``Forest and Rangeland
Research,'' ``State and Private Forestry,'' ``National Forest System,''
``Wildland Fire Management,'' ``Reconstruction and Construction,'' and
``Land Acquisition,'' <DELETED>$1,364,480,000 </DELETED>$1,346,215,000,
to remain available until expended, which shall include 50 per centum
of all monies received during prior fiscal years as fees collected
under the Land and Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided,
That up to $10,000,000 of the funds provided herein for road
maintenance shall be available for the planned obliteration of roads
which are no longer needed: Provided 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.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned over National Forest System
lands, <DELETED>$591,715,000 </DELETED>$582,715,000 to remain available
until expended: Provided, That such funds are available for repayment
of advances from other appropriations accounts previously transferred
for such purposes.
reconstruction and construction
For necessary expenses of the Forest Service, not otherwise
provided for, <DELETED>$160,122,000 (reduced by $5,600,000)
</DELETED>$160,269,000, to remain available until expended for
construction, reconstruction and acquisition of buildings and other
facilities, and for construction, reconstruction and repair of forest
roads and trails by the Forest Service as authorized by 16 U.S.C. 532-
538 and 23 U.S.C. 101 and 205<DELETED>:-Provided, That not to exceed
$50,000,000, (reduced to $25,000,000), to remain available until
expended, may be obligated for the construction of forest roads by
timber purchasers</DELETED>.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11),
including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the Forest Service, <DELETED>$45,000,000
</DELETED>$49,176,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,069,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act of
December 4, 1967, as amended (16 U.S.C. 484a), to remain available
until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 per centum of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the sixteen Western States, pursuant to section
401(b)(1) of Public Law 94-579, as amended, to remain available until
expended, of which not to exceed 6 per centum shall be available for
administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
midewin national tallgrass prairie restoration fund
All funds collected for admission, occupancy, and use of the
Midewin National Tallgrass Prairie, and the salvage value proceeds from
sale of any facilities and improvements pursuant to sections 2915(d)
and (e) of Public Law 104-106, are hereby appropriated and made
available until expended for the necessary expenses of restoring and
administering the Midewin National Tallgrass Prairie in accordance with
section 2915(f) of the Act.
<DELETED>cooperative work, forest service</DELETED>
<DELETED> For restoring the balances borrowed for previous years
firefighting, $128,000,000, to remain available until expended:
Provided, That the appropriation shall be merged with and made a part
of the designated fund authorized by Public Law 71-319, as
amended.</DELETED>
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 159 passenger
motor vehicles of which 22 will be used primarily for law enforcement
purposes and of which 156 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such
vehicles; operation and maintenance of aircraft, the purchase of not to
exceed two for replacement only, and acquisition of 20 aircraft from
excess sources notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein, pursuant to 7
U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the
National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for
debt collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to change the boundaries of any region, to abolish any
region, to move or close any regional office for research, State and
private forestry, or National Forest System administration of the
Forest Service, Department of Agriculture other than the relocation of
the regional office for Region 10 to Ketchikan and other office
relocations and closures in Alaska as specified in the Committee report
accompanying this bill, without the consent of the House and Senate
Committees on Appropriations.
Any appropriations or funds available to the Forest Service may be
advanced to the Wildland Fire Management appropriation and may be used
for forest firefighting and the emergency rehabilitation of burned-over
or damaged lands or waters under its jurisdiction.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance, education
and training, and cooperation with United States and international
organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by
the House and Senate Committees on Appropriations in compliance with
the reprogramming procedures contained in the report accompanying this
bill.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures
contained in the report accompanying this bill.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
Notwithstanding any other provision of the law, any appropriations
or funds available to the Forest Service may be used to disseminate
program information to private and public individuals and organizations
through the use of nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur necessary expenses for
the nonmonetary recognition of private individuals and organizations
that make contributions to Forest Service programs.
Notwithstanding any other provision of law, money collected, in
advance or otherwise, by the Forest Service under authority of section
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of
administrative and other costs incurred in processing pipeline right-
of-way or permit applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination of any pipeline
and related facilities, may be used to reimburse the applicable
appropriation to which such costs were originally charged.
Funds available to the Forest Service shall be available to conduct
a program of not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93-408.
None of the funds available in this Act shall be used for timber
sale preparation using clearcutting in hardwood stands in excess of 25
percent of the fiscal year 1989 harvested volume in the Wayne National
Forest, Ohio: Provided, That this limitation shall not apply to
hardwood stands damaged by natural disaster: Provided further, That
landscape architects shall be used to maintain a visually pleasing
forest.
Any money collected from the States for fire suppression assistance
rendered by the Forest Service on non-Federal lands not in the vicinity
of National Forest System lands shall be used to reimburse the
applicable appropriation and shall remain available until expended as
the Secretary may direct in conducting activities authorized by 16
U.S.C. 2101 note, 2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Notwithstanding any other provision of law, the Forest Service is
authorized to employ or otherwise contract with persons at regular
rates of pay, as determined by the Service, to perform work occasioned
by emergencies such as fires, storms, floods, earthquakes or any other
unavoidable cause without regard to Sundays, Federal holidays, and the
regular workweek.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even aged management in hardwood
stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to <DELETED>$2,000,000
</DELETED>$2,500,000 may be advanced in a lump sum as Federal financial
assistance to the National Forest Foundation, without regard to when
the Foundation incurs expenses, for administrative expenses or projects
on or benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made available to
the Foundation, no more than <DELETED>$500,000 </DELETED>$1,000,000
shall be available for administrative expenses: Provided further, That
the Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at least one-
for-one basis funds made available by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a recipient
of Federal financial assistance for a project at the same rate that the
recipient has obtained the non-Federal matching funds: Provided
further, That hereafter, the National Forest Foundation may hold
Federal funds made available but not immediately disbursed and may use
any interest or other investment income earned (before, on, or after
the date of enactment of this Act) on Federal funds to carry out the
purposes of Public Law 101-593: Provided further, That such investments
may be made only in interest-bearing obligations of the United States
or in obligations guaranteed as to both principal and interest by the
United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,000,000
of the funds available to the Forest Service shall be available for
matching funds, as authorized by 16 U.S.C. 3701-3709, and may be
advanced in a lump sum as Federal financial assistance, without regard
to when expenses are incurred, for projects on or benefitting National
Forest System lands or related to Forest Service programs: Provided,
That the Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at least one-
for-one basis funds advanced by the Forest Service: Provided further,
That the Foundation may transfer Federal funds to a recipient of
Federal financial assistance for a project at the same rate that the
recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System''
and ``Reconstruction and Construction'' accounts and planned to be
allocated to activities under the ``Jobs in the Woods'' program for
projects on National Forest land in the State of Washington may be
granted directly to the Washington State Department of Fish and
Wildlife for accomplishment of planned projects. Twenty percent of said
funds shall be retained by the Forest Service for planning and
administering projects. Project selection and prioritization shall be
accomplished by the Forest Service with such consultation with the
State of Washington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds available to the Forest Service may be used for
retrofitting the Commanding Officer's Building (S-2), to accommodate
the relocation of the Forest Supervisor's Office for the San Bernardino
National Forest: Provided, That funds for the move must come from funds
otherwise available to Region 5: Provided further, That any funds to be
provided for such purposes shall only be available upon approval of the
House and Senate Committees on Appropriations.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that
a donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-134, the direct grants
provided in subsection (c) shall be considered direct payments for
purposes of all applicable law except that these direct grants may not
be used for lobbying activities.
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other
agency or office of the Department for more than 30 days unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
DEPARTMENT OF ENERGY
clean coal technology
(rescission)
Of the funds made available under this heading for obligation in
fiscal year 1997 or prior years, $101,000,000 are rescinded: Provided,
That funds made available in previous appropriations Acts shall be
available for any ongoing project regardless of the separate request
for proposal under which the project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environmental
costs (30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany Research Center in Oregon,
<DELETED>$313,153,000 </DELETED>$363,969,000, to remain available until
expended: Provided, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the recovery of
oil and gas.
alternative fuels production
(including transfer of funds)
Monies received as investment income on the principal amount in the
Great Plains Project Trust at the Norwest Bank of North Dakota, in such
sums as are earned as of October 1, 1997, shall be deposited in this
account and immediately transferred to the General Fund of the
Treasury. Monies received as revenue sharing from operation of the
Great Plains Gasification Plant shall be immediately transferred to the
General Fund of the Treasury.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and oil
shale reserve activities, <DELETED>$115,000,000 </DELETED>$107,000,000,
and such sums as are necessary to operate Naval Petroleum Reserve
Numbered 1 between May 16, 1998 and September 30, 1998, to remain
available until expended: Provided, That notwithstanding any other
provision of law, revenues received from use and operation of Naval
Petroleum Reserve Numbered 1 in excess of $163,000,000 shall be used to
offset the costs of operating Naval Petroleum Reserve Numbered 1
between May 16, 1998 and September 30, 1998: Provided further, That
revenues retained pursuant to the first proviso under this head in
Public Law 102-381 (106 Stat. 1404) shall be immediately transferred to
the General Fund of the Treasury: Provided further, That the
requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal year
1998.
energy conservation
For necessary expenses in carrying out energy conservation
activities, <DELETED>$644,766,000 </DELETED>$627,357,000, to remain
available until expended, including, notwithstanding any other
provision of law, the excess amount for fiscal year 1998 determined
under the provisions of section 3003(d) of Public Law 99-509 (15 U.S.C.
4502): Provided, That <DELETED>$153,845,000 </DELETED>$160,100,000
shall be for use in energy conservation programs as defined in section
3008(3) of Public Law 99-509 (15 U.S.C. 4507) and shall not be
available until excess amounts are determined under the provisions of
section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided
further, That notwithstanding section 3003(d)(2) of Public Law 99-509
such sums shall be allocated to the eligible programs as follows:
<DELETED>$123,845,000 </DELETED>$129,000,000 for weatherization
assistance grants and <DELETED>$30,000,000 </DELETED>$31,100,000 for
State energy conservation grants.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $2,725,000, to remain available until
expended.
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), <DELETED>$209,000,000 </DELETED>$207,500,000, to
remain available until expended, of which <DELETED>$209,000,000
</DELETED>$207,500,000 shall be repaid from the ``SPR Operating Fund''
from amounts made available from the sale of oil from the Reserve:
Provided, That notwithstanding section 161 of the Energy Policy and
Conservation Act, the Secretary shall draw down and sell in fiscal year
1998 <DELETED>$209,000,000 </DELETED>$207,500,000 worth of oil from the
Strategic Petroleum Reserve: Provided further, That the proceeds from
the sale shall be deposited into the ``SPR Operating Fund'', and shall,
upon receipt, be transferred to the Strategic Petroleum Reserve account
for operations of the Strategic Petroleum Reserve.
spr petroleum account
Notwithstanding 42 U.S.C. 6240(d) the United States share of crude
oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or
otherwise disposed of to other than the Strategic Petroleum Reserve:
Provided, That outlays in fiscal year 1998 resulting from the use of
funds in this account shall not exceed $5,000,000.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, <DELETED>$66,800,000 </DELETED>$62,800,000,
to remain available until expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made
to other agencies of the Government for the performance of work for
which the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State,
private or foreign: Provided, That revenues and other moneys received
by or for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects of the
Department appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing entities
as provided in appropriate cost-sharing contracts or agreements:
Provided further, That the remainder of revenues after the making of
such payments shall be covered into the Treasury as miscellaneous
receipts: Provided further, That any contract, agreement, or provision
thereof entered into by the Secretary pursuant to this authority shall
not be executed prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in session
because of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full comprehensive
report on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
The Secretary is authorized to accept funds from other Federal
agencies in return for assisting agencies in achieving energy
efficiency in Federal facilities and operations by the use of privately
financed, energy saving performance contracts and other private
financing mechanisms. The funds may be provided after agencies begin to
realize energy cost savings; may be retained by the Secretary until
expended; and may be used only for the purpose of assisting Federal
agencies in achieving greater efficiency, water conservation, and use
of renewable energy by means of privately financed mechanisms,
including energy savings performance contracts. Any such privately
financed contracts shall meet the provisions of the Energy Policy Act
of 1992, Public Law <DELETED>102-496 </DELETED>102-486 (42 U.S.C.
8287).
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, <DELETED>$1,829,008,000
</DELETED>$1,958,235,000, together with payments received during the
fiscal year pursuant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made available to tribes
and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
$12,000,000 shall remain available until expended, for the Indian
Catastrophic Health Emergency Fund: Provided further, That
<DELETED>$359,348,000 </DELETED>$362,375,000 for contract medical care
shall remain available for obligation until September 30, 1999:
Provided further, That of the funds provided, not less than $11,889,000
shall be used to carry out the loan repayment program under section 108
of the Indian Health Care Improvement Act: Provided further, That funds
provided in this Act may be used for one-year contracts and grants
which are to be performed in two fiscal years, so long as the total
obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act (exclusive of planning, design, or construction of new
facilities): Provided further, That of the funds provided, $7,500,000
shall remain available until expended, for the Indian Self-
Determination Fund, which shall be available for the transitional costs
of initial or expanded tribal contracts, compacts, grants or
cooperative agreements with the Indian Health Service under the
provisions of the Indian Self-Determination Act: Provided further, That
funding contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available for obligation until September 30,
1999: Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act<DELETED>,-and for
expenses necessary to carry out such Acts and titles II and III of the
Public Health Service Act with respect to environmental health and
facilities support activities of the Indian Health Service,
$257,310,000 </DELETED>$168,501,000, to remain available until
expended: Provided, That notwithstanding any other provision of law,
funds appropriated for the planning, design, construction or renovation
of health facilities for the benefit of an Indian tribe or tribes may
be used to purchase land for sites to construct, improve, or enlarge
health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefore as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with the functions or activities for which
the appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities: Provided,
That in accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall be
available without fiscal year limitation: Provided further, That
notwithstanding any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian Health
Service shall be administered under Public Law 86-121 (the Indian
Sanitation Facilities Act) and Public Law 93-638, as amended: Provided
further, That funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That
notwithstanding any other provision of law, funds previously or herein
made available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or title III of the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title III
of such Act and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided further,
That none of the funds made available to the Indian Health Service in
this Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health Service
has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and accounted
for in the appropriation structure set forth in this Act<DELETED>:-
Provided further, That funds received from any source, including tribal
contractors and compactors for previously transferred functions which
tribal contractors and compactors no longer wish to retain, for
services, goods, or training and technical assistance, shall be
retained by the Indian Health Service and shall remain available until
expended by the Indian Health Service</DELETED>: 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: Provided
further, That reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain total
costs, including direct, administrative, and overhead associated with
the provision of goods, services, or technical assistance: Provided
further, That the appropriation structure for the Indian Health Service
may not be altered without advance approval of the House and Senate
Committees on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, <DELETED>$18,345,000
</DELETED>$15,000,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act are to be
used to relocate eligible individuals and groups including evictees
from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible
and not included in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or replacement
home is provided for such household: Provided further, That no
relocatee will be provided with more than one new or replacement home:
Provided further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56, part A), <DELETED>$3,000,000
</DELETED>$5,500,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed thirty years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental,
repair, and cleaning of uniforms for employees; <DELETED>$334,557,000
</DELETED>$333,708,000, of which not to exceed $32,718,000 for the
instrumentation program, collections acquisition, Museum Support Center
equipment and move, exhibition reinstallation, the National Museum of
the American Indian, the repatriation of skeletal remains program,
research equipment, information management, and Latino programming
shall remain available until expended, and including such funds as may
be necessary to support American overseas research centers and a total
of $125,000 for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $3,850,000, to remain available until
expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings owned
or occupied by the Smithsonian Institution, by contract or otherwise,
as authorized by section 2 of the Act of August 22, 1949 (63 Stat.
623), including not to exceed $10,000 for services as authorized by 5
U.S.C. 3109, <DELETED>$50,000,000 </DELETED>$32,000,000, to remain
available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
restoration of buildings of the Smithsonian Institution may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
construction
For necessary expenses for construction, $33,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, a single procurement for the construction of the
National Museum of the American Indian may be issued which includes the
full scope of the project: Provided further, That the solicitation and
the contract shall contain the clause ``availability of funds'' found
at 48 CFR 52.232.18.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $55,837,000, of which not to exceed $3,026,000 for the special
exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized,
<DELETED>$6,442,000 </DELETED>$5,942,000, to remain available until
expended: Provided, That contracts awarded for environmental systems,
protection systems, and exterior repair or renovation of buildings of
the National Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $11,375,000.
construction
For necessary expenses for capital repair and rehabilitation of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $9,000,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
<DELETED> For necessary expenses of the Woodrow Wilson International
Center for Scholars, $1,000,000.</DELETED>
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $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.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$16,760,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the Chairman or by grantees of the Endowment under
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, <DELETED>$96,100,000
</DELETED>$96,800,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant to
section 7(c) of the Act, and for administering the functions of the
Act, to remain available until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$13,900,000, to remain available until expended, of which $8,000,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the Chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Institute of Museum and Library Services
office of museum services
grants and administration
For carrying out subtitle C of the Museum and Library Services Act
of 1996, <DELETED>$23,390,000 </DELETED>$22,290,000, to remain
available until expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $907,000.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956(a)), as amended, <DELETED>$6,000,000 </DELETED>$7,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), <DELETED>$2,700,000
</DELETED>$2,745,000: Provided, That none of these funds shall be
available for the compensation of Executive Level V or higher
positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, <DELETED>$5,700,000 </DELETED>$5,740,000:
Provided, That all appointed members will be compensated at a rate not
to exceed the rate for Executive Schedule Level IV: Provided further,
That beginning in fiscal year 1998 and thereafter, the Commission is
authorized to charge fees to cover the full costs of Geographic
Information System products and services supplied by the Commission,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $31,707,000 of which
$1,575,000 for the Museum's repair and rehabilitation program and
$1,264,000 for the Museum's exhibitions program shall remain available
until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive Order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which congressional action is
not complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available
in this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 1995.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal
of the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. Beginning in fiscal year 1998 and thereafter, where the
actual costs of construction projects under self-determination
contracts, compacts, or grants, pursuant to Public Laws 93-638, 103-
413, or 100-297, are less than the estimated costs thereof, use of the
resulting excess funds shall be determined by the appropriate Secretary
after consultation with the tribes.
Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of
funds to tribes and tribal organizations under annual funding
agreements pursuant to section 108 of Public Law 93-638, as amended,
beginning in fiscal year 1998 and therafter, may be made on the first
business day following the first day of a fiscal quarter.
Sec. 312. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program, unless
the relevant agencies of the Department of the Interior and/or
Agriculture follow appropriate reprogramming guidelines: Provided, That
if no funds are provided for the AmeriCorps program by the VA-HUD and
Independent Agencies fiscal year 1998 appropriations bill, then none of
the funds appropriated or otherwise made available by this Act may be
used for the AmeriCorps programs.
Sec. 313. None of the funds made available in this Act may be used
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is
made known to the Federal official having authority to obligate or
expend such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 314. (a) None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to accept
or process applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) The provisions of subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim concerned: (1)
a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the
case may be, were fully complied with by the applicant by that date.
(c) On September 30, 1998, the Secretary of the Interior shall file
with the House and Senate Committees on Appropriations and the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate a
report on actions taken by the Department under the plan submitted
pursuant to section 314(c) of the Department of the Interior and
Related Agencies Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims
or mill sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 315. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of acquiring lands
in the counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for
the Wayne National Forest.
<DELETED> Sec. 316. None of the funds available to the Department of
the Interior or the Department of Agriculture by this or any other Act
may be used to prepare, promulgate, implement, or enforce any interim
or final rule or regulation pursuant to title VIII of the Alaska
National Interest Lands Conservation Act to assert jurisdiction,
management, or control over any waters (other than non-navigable waters
on Federal lands), non-Federal lands, or lands selected by, but not
conveyed to, the State of Alaska pursuant to the Submerged Lands Act of
1953 or the Alaska Statehood Act, or an Alaska Native Corporation
pursuant to the Alaska Native Claims Settlement Act.</DELETED>
<DELETED> Sec. 317. No funds appropriated under this or any other
Act shall be used to review or modify sourcing areas previously
approved under section 490(c)(3) of the Forest Resources Conservation
and Shortage Relief Act of 1990 (Public Law 101-382) or to enforce or
implement Federal regulations 36 CFR part 223 promulgated on September
8, 1995. The regulations and interim rules in effect prior to September
8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 subpart D, 36 CFR 223
subpart F, and 36 CFR 261.6) shall remain in effect. The Secretary of
Agriculture or the Secretary of the Interior shall not adopt any
policies concerning Public Law 101-382 or existing regulations that
would restrain domestic transportation or processing of timber from
private lands or impose additional accountability requirements on any
timber. The Secretary of Commerce shall extend until September 30,
1998, the order issued under section 491(b)(2)(A) of Public Law 101-382
and shall issue an order under section 491(b)(2)(B) of such law that
will be effective October 1, 1998.</DELETED>
<DELETED> 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.</DELETED>
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.
Sec. 319. Notwithstanding any other provision of law, for fiscal
year 1998 and hereafter the Secretaries of Agriculture and Interior are
authorized to limit competition for watershed restoration project
contracts as part of the ``Jobs in the Woods'' component of the
President's Forest Plan for the Pacific Northwest to individuals and
entities in historically timber-dependent areas in the States of
Washington, Oregon, and northern California that have been affected by
reduced timber harvesting on Federal lands.
<DELETED> Sec. 320. Section 101(c) of Public Law 104-134 is amended
as follows: Under the heading ``TITLE III--GENERAL PROVISIONS'' amend
section 315(c)(1), subsections (A) and (B) by striking each of those
subsections and inserting in lieu thereof:</DELETED>
<DELETED> ``(A) Eighty percent to a special account in the
Treasury for use without further appropriation, by the agency
which administers the site, to remain available for expenditure
in accordance with paragraph (2)(A).</DELETED>
<DELETED> ``(B) Twenty percent to a special account in the
Treasury for use without further appropriation, by the agency
which administers the site, to remain available for expenditure
in accordance with paragraph (2)(B).''.</DELETED>
Sec. 321. None of the funds collected under the Recreational Fee
Demonstration program may be used to plan, design, or construct a
visitor center or any other permanent structure without prior approval
of the House and the Senate Committees on Appropriations if the
estimated total cost of the facility exceeds $500,000.
Sec. 322. Section 303(d)(1) of Public Law 96-451 (16 U.S.C.
1606a(d)(1)) is amended by inserting before the semicolon the
following: ``and other forest stand improvement activities to enhance
forest health and reduce hazardous fuel loads of forest stands in the
National Forest System''.
<DELETED> Sec. 323. The Secretaries of Agriculture and Interior, in
their conducting the Interior Columbia Basin Ecosystem Management
Project, including both the Eastside Draft Environmental Impact
Statement and the Upper Columbia River Basin Ecosystem Management
Strategy Draft Environmental Impact Statement as described in a Federal
Register notice on January 15, 1997 (Vol. 62, No. 10, page 2176)
(hereinafter ``Project''), shall analyze the economic and social
conditions, and culture and customs of communities at the sub-basin
level of analysis within the project area to the extent practicable and
delineate the impacts the alternatives will have on the communities in
the 164 sub-basins. The project managers shall release this more
thorough analysis for public review as an addition to the draft
environmental impact statements for the project, and incorporate this
analysis and public comments to this analysis in any final
environmental impact statements and record of decisions generated by
the project.</DELETED>
Sec. 324. Notwithstanding section 904(b) of Public Law 104-333,
hereafter, the Heritage Area established under section 904 of title IX
of division II of Public Law 104-333 shall include any portion of a
city, town, or village within an area specified in section 904(b)(2) of
that Act only to the extent that the government of the city, town, or
village, in a resolution of the governing board or council, agrees to
be included and submits the resolution to the Secretary of the Interior
and the management entities for the Heritage Area and to the extent
such resolution is not subsequently revoked in the same manner.
<DELETED> Sec. 325. None of the funds appropriated or otherwise made
available to the Indian Health Service by this Act may be used to
restructure the funding of Indian health care delivery systems to
Alaskan Natives.</DELETED>
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.
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.
<DELETED> Sec. 326. None of the funds made available by this Act may
be used for the eviction of any person from real property in Sleeping
Bear Dunes National Lakeshore that the person was authorized, on July
10, 1997, to occupy under a lease by the Department of the Interior or
a special use permit issued by the Department of the
Interior.</DELETED>
<DELETED> Sec. 327. None of the funds made available by this Act may
be obligated or expended for the Man and Biosphere Program or the World
Heritage Program administered by the United Nations Educational,
Scientific, and Cultural Organization (UNESCO).</DELETED>
Sec. 328. None of the funds made available in this or any other Act
for any fiscal year may be used to designate, or to post any sign
designating, any portion of Canaveral National Seashore in Brevard
County, Florida, as a clothing-optional area or as an area in which
public nudity is permitted, if such designation would be contrary to
county ordinance.
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.
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.
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.
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.
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.
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.
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).''.
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.
Sec. 337. The boundary of the Wenatchee National Forest in Chelan
County, Washington, is hereby adjusted to exclude section 1 of Township
23 North, Range 19 East, Willamette Meridian.
Sec. 338. None of the funds provided in this Act can be used for
any activities associated with the Center of Excellence for Sustainable
Development unless a budget request has been submitted and approved by
the Committees on Appropriations of the House of Representatives and
the United States Senate.
Sec. 339. (a) No funds provided in this or any other act may be
expended to develop a rulemaking proposal to amend or replace the
Bureau of Land Management regulations found at 43 C.F.R. 3809 or to
prepare a draft environmental impact statement on any such proposal,
until the Secretary of the Interior establishes a Committee which shall
prepare and submit a report in accordance with this section.
(b) The Committee shall be composed of appropriate representatives
from the Department of the Interior and a representative appointed by
the Governor from each State that contains public lands open to
location under the General Mining Laws. The Committee shall be
established and operated pursuant to the terms of the Federal Advisory
Committee Act, 5 U.S.C. ap 2 1 et seq.
(c) The Committee established pursuant to subsection (b) shall
prepare and submit a report 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 which (1) contains consensus recommendations on the
appropriate relationship of States and Federal land management agencies
in environmental, land management and regulation of activities subject
to the Bureau's regulations at 43 C.F.R. 3809, (2) identifies current
and proposed State environmental, land management and reclamation laws,
regulations, performance standards and policies applicable to such
activities, including those State laws and regulations which have been
adopted to achieve primacy in the administration of federally mandated
efforts; (3) explains how these current State laws, regulations,
performance standards and policies are coordinated with Federal surface
management efforts; and (4) contains consensus recommendations for how
Federal and State coordination can be maximized in the future to ensure
environmental protection and minimize regulatory duplication, conflict
and burdens.
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.
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 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 recreational user fee
imposed by the Secretary of Agriculture for access to the White
Mountain National Forest that lies, in whole or in part, within
those boundaries.
``(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).''.
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.
<DELETED>TITLE IV--DEFICIT REDUCTION LOCK-BOX</DELETED>
<DELETED>SEC. 401. SHORT TITLE.</DELETED>
<DELETED> This title may be cited as the ``Deficit Reduction Lock-
box Act of 1997''.</DELETED>
<DELETED>SEC. 402. DEFICIT REDUCTION LOCK-BOX LEDGER.</DELETED>
<DELETED> (a) Establishment of Ledger.--Title III of the
Congressional Budget Act of 1974 is amended by adding at the end the
following new section:</DELETED>
<DELETED>``deficit reduction lock-box ledger</DELETED>
<DELETED> ``Sec. 314. (a) Establishment of Ledger.--The Director of
the Congressional Budget Office (hereinafter in this section referred
to as the `Director') shall maintain a ledger to be known as the
`Deficit Reduction Lock-box Ledger'. The Ledger shall be divided into
entries corresponding to the subcommittees of the Committees on
Appropriations. Each entry shall consist of three parts: the `House
Lock-box Balance'; the `Senate Lock-box Balance'; and the `Joint House-
Senate Lock-box Balance'.</DELETED>
<DELETED> ``(b) Components of Ledger.--Each component in an entry
shall consist only of amounts credited to it under subsection (c). No
entry of a negative amount shall be made.</DELETED>
<DELETED> ``(c) Credit of Amounts to Ledger.--(1) The Director
shall, upon the engrossment of any appropriation bill by the House of
Representatives and upon the engrossment of that bill by the Senate,
credit to the applicable entry balance of that House amounts of new
budget authority and outlays equal to the net amounts of reductions in
new budget authority and in outlays resulting from amendments agreed to
by that House to that bill.</DELETED>
<DELETED> ``(2) The Director shall, upon the engrossment of Senate
amendments to any appropriation bill, credit to the applicable Joint
House-Senate Lock-box Balance the amounts of new budget authority and
outlays equal to--</DELETED>
<DELETED> ``(A) an amount equal to one-half of the sum of
(i) the amount of new budget authority in the House Lock-box
Balance plus (ii) the amount of new budget authority in the
Senate Lock-box Balance for that bill; and</DELETED>
<DELETED> ``(B) an amount equal to one-half of the sum of
(i) the amount of outlays in the House Lock-box Balance plus
(ii) the amount of outlays in the Senate Lock-box Balance for
that bill.</DELETED>
<DELETED> ``(3) Calculation of Lock-Box Savings in Senate.--For
purposes of calculating under this section the net amounts of
reductions in new budget authority and in outlays resulting from
amendments agreed to by the Senate on an appropriation bill, the
amendments reported to the Senate by its Committee on Appropriations
shall be considered to be part of the original text of the
bill.</DELETED>
<DELETED> ``(d) Definition.--As used in this section, the term
`appropriation bill' means any general or special appropriation bill,
and any bill or joint resolution making supplemental, deficiency, or
continuing appropriations through the end of a fiscal
year.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment Control Act
of 1974 is amended by inserting after the item relating to section 313
the following new item:</DELETED>
<DELETED>``Sec. 314. Deficit reduction lock-box ledger.''.
<DELETED>SEC. 403. TALLY DURING HOUSE CONSIDERATION.</DELETED>
<DELETED> There shall be available to Members in the House of
Representatives during consideration of any appropriations bill by the
House a running tally of the amendments adopted reflecting increases
and decreases of budget authority in the bill as reported.</DELETED>
<DELETED>SEC. 404. DOWNWARD ADJUSTMENT OF 602(A) ALLOCATIONS AND
SECTION 602(B) SUBALLOCATIONS.</DELETED>
<DELETED> (a) Allocations.--Section 602(a) of the Congressional
Budget Act of 1974 is amended by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(5) Upon the engrossment of Senate amendments to
any appropriation bill (as defined in section 314(d)) for a
fiscal year, the amounts allocated under paragraph (1) or (2)
to the Committee on Appropriations of each House upon the
adoption of the most recent concurrent resolution on the budget
for that fiscal year shall be adjusted downward by the amounts
credited to the applicable Joint House-Senate Lock-box Balance
under section 314(c)(2). The revised levels of budget authority
and outlays shall be submitted to each House by the chairman of
the Committee on the Budget of that House and shall be printed
in the Congressional Record.''.</DELETED>
<DELETED> (b) Suballocations.--Section 602(b)(1) of the
Congressional Budget Act of 1974 is amended by adding at the end the
following new sentence: ``Whenever an adjustment is made under
subsection (a)(5) to an allocation under that subsection, the chairman
of the Committee on Appropriations of each House shall make downward
adjustments in the most recent suballocations of new budget authority
and outlays under subparagraph (A) to the appropriate subcommittees of
that committee in the total amounts of those adjustments under section
314(c)(2). The revised suballocations shall be submitted to each House
by the chairman of the Committee on Appropriations of that House and
shall be printed in the Congressional Record.''.</DELETED>
<DELETED>SEC. 405. PERIODIC REPORTING OF LEDGER STATEMENTS.</DELETED>
<DELETED> Section 308(b)(1) of the Congressional Budget Act of 1974
is amended by adding at the end the following new sentence: ``Such
reports shall also include an up-to-date tabulation of the amounts
contained in the ledger and each entry established by section
314(a).''.</DELETED>
<DELETED>SEC. 406. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING
LIMITS.</DELETED>
<DELETED> The discretionary spending limits for new budget authority
and outlays for any fiscal year set forth in section 601(a)(2) of the
Congressional Budget Act of 1974, as adjusted in strict conformance
with section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985, shall be reduced by the amounts set forth in the final
regular appropriation bill for that fiscal year or joint resolution
making continuing appropriations through the end of that fiscal year.
Those amounts shall be the sums of the Joint House-Senate Lock-box
Balances for that fiscal year, as calculated under section 602(a)(5) of
the Congressional Budget Act of 1974. That bill or joint resolution
shall contain the following statement of law: ``As required by section
406 of the Deficit Reduction Lock-box Act of 1997, for fiscal year
[nsert appropriate fiscal year] and each outyear, the adjusted
discretionary spending limit for new budget authority shall be reduced
by $ [insert appropriate amount of reduction] and the adjusted
discretionary limit for outlays shall be reduced by $ [insert
appropriate amount of reduction] for the budget year and each
outyear.''. Notwithstanding section 904(c) of the Congressional Budget
Act of 1974, section 306 of that Act as it applies to this statement
shall be waived. This adjustment shall be reflected in reports under
sections 254(g) and 254(h) of the Balanced Budget and Emergency Deficit
Control Act of 1985.</DELETED>
<DELETED>SEC. 407. EFFECTIVE DATE.</DELETED>
<DELETED> (a) In General.--This title shall apply to all
appropriation bills making appropriations for fiscal year 1998 or any
subsequent fiscal year.</DELETED>
<DELETED> (b) Definition.--As used in this section, the term
``appropriation bill'' means any general or special appropriation bill,
and any bill or joint resolution making supplemental, deficiency, or
continuing appropriations through the end of a fiscal year.</DELETED>
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, after consultation with
the Secretary of Agriculture and with the House Committee on
Appropriations and the Senate Committee on Appropriations, shall submit
to the Committees a list of Federal acquisitions and exchanges proposed
to be conducted with the funds provided under this heading: 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.
TITLE VI--FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF
Section 1. Short Title.--This Act may be cited as the ``Forest
Resources Conservation and Shortage Relief Act of 1997''.
Sec. 2. (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. 3. 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. 4. 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. 5. 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.''.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 1998''.
[COMMITTEE PRINT]
Calendar No. 122
105th CONGRESS
1st Session
H. R. 2107
[Report No. 105-56]
_______________________________________________________________________
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.
_______________________________________________________________________
July 16, 1997
Received; read twice and referred to the Committee on Appropriations
July 22, 1997
Reported with amendments