[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2237 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 440
105th CONGRESS
  2d Session
                                S. 2237

                          [Report No. 105-227]

 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 1999, and for other 
                               purposes.


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 1998

    Mr. Gorton, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 1999, 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, 1999, 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)), $600,096,000, to 
remain available until expended, of which $2,082,000 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 $6,600,000 shall be derived from 
the Environmental Improvement and Restoration Fund pursuant to Public 
Law 105-83; and of which $1,500,000 shall be available in fiscal year 
1999 subject to a match by at least an equal amount by the National 
Fish and Wildlife Foundation, to such Foundation for cost-shared 
projects supporting conservation of Bureau lands; in addition, 
$32,962,000 for Mining Law Administration program operations, including 
the cost of administering the mining claim fee program; to remain 
available until expended, and $2,000,000, to remain available until 
expended, 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 preparedness, suppression 
operations, emergency rehabilitation; and hazardous fuels reduction by 
the Department of the Interior, $288,975,000, to remain available until 
expended, of which not to exceed $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 unobligated balances of amounts previously 
appropriated to the ``Fire Protection'' and ``Emergency Department of 
the Interior Firefighting Fund'' may be transferred and merged with 
this appropriation: 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: Provided further, That 
notwithstanding 42 U.S.C. 1856d, sums received by a Bureau or office of 
the Department of the Interior for fire protection rendered pursuant to 
42 U.S.C. 1856 et seq., Protection of United States Property, may be 
credited to the appropriation from which funds were expended to provide 
that protection, and are available without fiscal year limitation.

                    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.), 
$9,000,000, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the Department pursuant to 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, $8,197,000, 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), $125,000,000, 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, $15,650,000, 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; 
$94,791,000, to remain available until expended: Provided, That 25 
percent 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 fund

                   (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, and monitoring salvage 
timber sales and forest ecosystem health and recovery activities such 
as release from competing vegetation and density control treatments. 
The Federal share of receipts (defined as the portion of salvage timber 
receipts not paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 
1181f-1 et seq., and Public Law 103-66) 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 percent 
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 $10,000,000, 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.
    Section 28f(a) of title 30, U.S.C., is amended by striking the 
first sentence and inserting: ``The holder of each unpatented mining 
claim, mill or tunnel site, located pursuant to the mining laws of the 
United States, whether located before or after October 1, 1998, shall 
pay the Secretary of the Interior, on or before September 1 of each 
year, for year 1999 and subsequent years, a claim maintenance fee of 
$116 per claim or site.''.
    Section 28g of title 30, United States Code, is amended by striking 
``and before September 30, 1998,''; and striking ``$25.00'' and 
inserting ``$28.00''.
    Section 28j of title 30, United States Code, is amended by adding 
the following new subsection at the end:
``(d) Availability of fees''
    ``Fees collected under sections 28f and 28g shall be available 
without further appropriation for Mining Law Administration program 
operations in the year following their collection.''.

                United States Fish and Wildlife Service

                          resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, for scientific and economic studies, conservation, management, 
investigations, protection, and utilization of fishery and wildlife 
resources, except whales, seals, and sea lions, maintenance of the herd 
of long-horned cattle on the Wichita Mountains Wildlife Refuge, general 
administration, and for the performance of other authorized functions 
related to such resources by direct expenditure, contracts, grants, 
cooperative agreements and reimbursable agreements with public and 
private entities, $624,019,000, to remain available until September 30, 
2000, except as otherwise provided herein, 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: Provided, That not less than 
$1,000,000 for high priority projects which shall be carried out by the 
Youth Conservation Corps as authorized by the Act of August 13, 1970, 
as amended: Provided further, That not to exceed $5,156,000 shall be 
used for implementing subsections (a), (b), (c), and (e) of section 4 
of the Endangered Species Act, as amended, for species that are 
indigenous to the United States (except for processing petitions, 
developing and issuing proposed and final regulations, and taking any 
other steps to implement actions described in subsections (c)(2)(A), 
(c)(2)(B)(i), or (c)(2)(B)(ii)): Provided further, That of the amount 
available for law enforcement, up to $400,000 to remain available until 
expended, may at the discretion of the Secretary, be used for payment 
for information, rewards, or evidence concerning violations of laws 
administered by the Service, and miscellaneous and emergency expenses 
of enforcement activity, authorized or approved by the Secretary and to 
be accounted for solely on his certificate: Provided further, That 
hereafter, all fees collected for Federal migratory bird permits shall 
be available to the Secretary, without further appropriation, to be 
used for the expenses of the U.S. Fish and Wildlife Service in 
administering such Federal migratory bird permits, and shall remain 
available until expended: Provided further, That of the amount provided 
for environmental contaminants, up to $1,000,000 may remain available 
until expended for contaminant sample analyses.

                              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; $48,734,000, to remain available until 
expended: Provided, That $6,600,000 shall be derived from the 
Environmental Improvement and Restoration Fund pursuant to Public Law 
105-83: Provided further, That under this heading in Public Law 105-
174, the phrase ``fire'' is inserted before the word ``floods''.

                            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 through 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, $62,120,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended, of which $1,000,000, together with such other sums as may 
become available, is for a grant to the State of Ohio for acquisition 
of the Howard Farm near Metzger Marsh in the State of Ohio.

            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, 
$34,000,000, to be derived from the Cooperative Endangered Species 
Conservation Fund, and to remain available until expended.

                     national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $10,779,000.

               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, 
$15,000,000, to remain available until expended.

              wildlife conservation and appreciation fund

    For necessary expenses of the Wildlife Conservation and 
Appreciation Fund, $800,000, to remain available until expended.

                multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96), and the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5301-5306), $1,900,000, to remain available until expended: Provided, 
That unexpended balances of amounts previously appropriated to the 
African Elephant Conservation Fund, Rewards and Operations account, and 
Rhinoceros and Tiger Conservation Fund may be transferred to and merged 
with this appropriation: Provided further, That in fiscal year 1999 and 
thereafter, donations to provide assistance under section 5304 of the 
Rhinoceros and Tiger Conservation Act, subchapter I of the African 
Elephant Conservation Act, and section 6 of the Asian Elephant 
Conservation Act of 1997 shall be deposited to this Fund: Provided 
further, That in fiscal year 1999 and thereafter, all penalties 
received by the United States under 16 U.S.C. 4224 which are not used 
to pay rewards under 16 U.S.C. 4225 shall be deposited to this Fund, to 
be available to provide assistance under 16 U.S.C. 4211: Provided 
further, That in fiscal year 1999 and thereafter, not more than three 
percent of amounts appropriated to this Fund may be used by the 
Secretary of the Interior to administer the Fund.

                       administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 104 
passenger motor vehicles, of which 89 are for replacement only 
(including 38 for police-type use); 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 used 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 hereafter 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 101-618, 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: Provided further, That 
section 104(c)(50)(B) of the Marine Mammal Protection Act (16 U.S.C. 
1361-1407) is amended by adding the words ``until expended'' after the 
word ``Secretary'' in the second sentence.

                         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 less than $1,000,000 for 
high priority projects within the scope of the approved budget which 
shall be carried out by the Youth Conservation Corps as authorized by 
16 U.S.C. 1706, $1,288,903,000, of which $13,049,000 is 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 $10,000,000, 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, $48,800,000.

                       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), $55,612,000, 
to be derived from the Historic Preservation Fund, to remain available 
until September 30, 2000, of which $6,200,000 pursuant to section 507 
of Public Law 104-333 shall remain available until expended: Provided, 
That of the total amount provided, $10,000,000 shall be for Save 
America's Treasures to preserve the Nation's irreplaceable heritage, as 
authorized by the Historic Preservation Act, including preservation of 
intellectual and cultural artifacts, and of historic structures and 
sites: Provided further, That of amounts for Save America's Treasures, 
$10,000,000 shall be for priority preservation projects of federal 
agencies, as authorized by existing law and subject to existing 
matching fund requirements, to be available by transfer to appropriate 
accounts of individual federal agencies, after approval of projects by 
the Secretary.

                              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, 
$210,116,000, to remain available until expended: Provided, That 
$550,000 for the Susan B. Anthony House and $2,000,000 for the Virginia 
City Historic District shall be derived from the Historic Preservation 
Fund pursuant to 16 U.S.C. 470a: Provided further, That $6,600,000 
shall be derived from the Environmental Improvement and Restoration 
Fund pursuant to Public Law 105-83.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 1999 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 through 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, $88,100,000, to be derived from the Land and 
Water Conservation Fund, to remain available until expended, of which 
$1,000,000 is to administer the State assistance program: Provided, 
That any funds made available for the purpose of acquisition of the 
Elwha and Glines dams shall be used solely for acquisition, and shall 
not be expended until the full purchase amount has been appropriated by 
the Congress: 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 heading 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 375 passenger motor vehicles, of which 
291 shall be for replacement only, including not to exceed 305 for 
police-type use, 12 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; 
$772,115,000, of which $67,961,000 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 ongoing 
development of a mineral and geologic data base; and of which 
$154,581,000 shall be available until September 30, 2000 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.

                       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 United States 
Geological Survey may contract directly with individuals or indirectly 
with institutions or nonprofit organizations, without regard to 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; $117,275,000, and an amount not to 
exceed $100,000,000, 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 Outer Continental Shelf administrative activities 
performed by the Minerals Management Service over and above the rates 
in effect on September 30, 1993, and from additional fees for Outer 
Continental Shelf administrative activities established after September 
30, 1993: Provided, That $3,000,000 for computer acquisitions shall 
remain available until September 30, 2000: 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 heading 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; $92,634,000, 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 1999 and thereafter: Provided, That the Secretary of the 
Interior, pursuant to regulations, may use directly or through grants 
to States, moneys collected in fiscal year 1999 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: Provided further, That beginning in fiscal year 
1999 and thereafter, cost-based fees for the products of the Mine Map 
Repository shall be established (and revised as needed) in Federal 
Register Notices, and shall be collected and credited to this account, 
to be available until expended for the costs of administering this 
program.

                    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, $183,057,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $7,000,000, to be derived from the cumulative balance of 
interest earned to date on the Fund, shall be for supplemental grants 
to States for the reclamation of abandoned sites with acid mine rock 
drainage from coal mines, and for associated activities, through the 
Clean Streams Initiative and the Western Mine Lands Partnership 
Initiative: Provided, That grants to minimum program States will be 
$1,500,000 per State in fiscal year 1999: 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 percent 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 percent 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 percent 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: Provided 
further, That hereafter, donations received to support projects under 
the Clean Streams Initiative and under the Western Mine Lands 
Restoration Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall 
be credited to this account and remain available until expended without 
further appropriation for projects sponsored under these initiatives, 
directly through agreements with other Federal agencies, or through 
grants to States, and funding to local governments, or tax exempt 
private entities.

                        Bureau of Indian Affairs

                      operation of indian programs

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments 
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2501 et seq.), as amended, $1,544,695,000, to remain 
available until September 30, 2000 except as otherwise provided herein, 
of which not to exceed $94,010,000 shall be for welfare assistance 
payments and notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975, as amended, 
not to exceed $110,856,000 shall be available for payments to tribes 
and tribal organizations for contract support costs associated with 
ongoing contracts, grants, compacts, or annual funding agreements 
entered into with the Bureau prior to or during fiscal year 1999, as 
authorized by such Act, except that tribes and tribal organizations may 
use their tribal priority allocations for unmet indirect costs of 
ongoing contracts, grants, or compacts, or annual funding agreements 
and for unmet welfare assistance costs, and of which not to exceed 
$386,420,000 for school operations costs of Bureau-funded schools and 
other education programs shall become available on July 1, 1999, and 
shall remain available until September 30, 2000; and of which not to 
exceed $50,588,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, land records 
improvement, the Navajo-Hopi Settlement Program, and the repair and 
renovation of adult care institutions: Provided, That notwithstanding 
any other provision of law, including but not limited to the Indian 
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to 
exceed $42,160,000 within and only from such amounts made available for 
school operations shall be available to tribes and tribal organizations 
for administrative cost grants associated with the operation of Bureau-
funded schools: Provided further, That hereafter funds made available 
to tribes and tribal organizations through contracts, compact 
agreements, or grants, 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 hereafter, 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 hereafter 
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 and, that any savings realized by such 
changes shall be available for use in meeting other priorities of the 
tribes and, 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, 2000, may be transferred during fiscal year 2001 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, 2001: Provided further, That hereafter tribes may use 
tribal priority allocations funds for the replacement and repair of 
school facilities in compliance with 25 U.S.C. 2005(a), so long as such 
replacement or repair is approved by the Secretary and completed with 
non-Federal tribal and/or tribal priority allocation funds.

                              construction

    For construction, repair, improvement, and maintenance 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, $123,421,000, 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 percent 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 nonreimbursable 
basis: Provided further, That for fiscal year 1999, 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): Provided further, That funds 
appropriated in Public Law 105-18, making emergency supplemental 
appropriations for the Bureau of Indian Affairs for the repair of 
irrigation projects damaged in the severe winter conditions and ensuing 
flooding, are available on a nonreimbursable basis.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $28,882,000, to remain available 
until expended; of which $27,530,000 shall be available for 
implementation of enacted Indian land and water claim settlements 
pursuant to Public Laws 101-618 and 102-575, and for implementation of 
other enacted water rights settlements; and of which $1,352,000 shall 
be available pursuant to Public Laws 99-264, 100-383, 103-402, and 100-
580: Provided, That in fiscal year 1999 and thereafter, 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, $4,501,000, 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 $59,681,698.
     In addition, for administrative expenses to carry out the 
guaranteed loan programs, $500,000.

                       administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
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 (except facilities operations and 
maintenance) 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).
    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.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. 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.

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $66,045,000, of which: 
(1) $62,196,000 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 used 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 Covenant grant 
funding for the Government of the Northern Mariana Islands $5,000,000 
shall be used for the construction of prison facilities and $500,000 
shall be used for construction and equipping of a crime laboratory 
unless the Secretary determines that acceptable alternative financing 
for these projects is already in place: 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 
heading 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, $20,830,000, 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, $60,496,000, of which not to exceed $8,500 may be for 
official reception and representation expenses, and of which up to 
$1,000,000 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, $36,464,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$25,486,000.

             Office of Special Trustee for American Indians

                         federal trust programs

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $38,000,000, 
to remain available until expended: 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 1999, 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 the enactment of this Act, concerning losses to or 
mismanagement of trust funds, until the affected tribe or individual 
Indian has been furnished with an accounting of such funds from which 
the beneficiary can determine whether there has been a loss: Provided 
further, That hereafter the Secretary shall not be required to provide 
a periodic statement of performance pursuant to 25 U.S.C. 4011(b), nor 
to invest pursuant to 25 U.S.C. 161a, any Indian trust account managed 
by the Secretary that has not had activity for at least eighteen months 
and has a balance of $1.00 or less: Provided further, That hereafter 
the Secretary shall maintain a record of any such accounts and amounts 
in such accounts will remain available upon request to the 
accountholder.

           natural resource damage assessment and restoration

                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; $5,228,000, to remain 
available until expended: Provided, That unobligated and unexpended 
balances in the United States Fish and Wildlife Service, Natural 
Resource Damage Assessment Fund account at the end of fiscal year 1998 
shall be transferred to and made a part of the Departmental Offices, 
Natural Resource Damage Assessment and Restoration, Natural Resource 
Damage Assessment Fund account and shall remain available until 
expended.

                       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)(A) 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; for 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)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, and must be replenished by a supplemental 
appropriation which must be requested as promptly as possible: Provided 
further, That such replenishment funds shall be used to reimburse, on a 
pro rata basis, accounts from which emergency funds were transferred.
    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment, and for 
services rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available for uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. 
Code 4-204).
    Sec. 106. Appropriations made in this title shall be available for 
obligation in connection with contracts issued for services or rentals 
for periods not in excess of twelve months beginning at any time during 
the fiscal year.
    Sec. 107. 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. 108. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore oil and natural 
gas preleasing, leasing, and related activities, on lands within the 
North Aleutian Basin planning area.
    Sec. 109. 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. 110. 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.
    Sec. 111. Advance payments made under this title to Indian tribes, 
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) 
may be invested by the Indian tribe, tribal organization, or consortium 
before such funds are expended for the purposes of the grant, compact, 
or annual funding agreement so long as such funds are--
            (1) 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
            (2) 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.
    Sec. 112. (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.
    Sec. 113. In fiscal year 1999 and thereafter, the Secretary may 
accept donations and bequests of money, services, or other personal 
property for the management and enhancement of the Department's Natural 
Resources Library. The Secretary may hold, use, and administer such 
donations until expended and without further appropriation.
    Sec. 114. Notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975, as amended, 
funds available under this title for Indian self-determination or self-
governance contract or grant support costs may be expended only for 
costs directly attributable to contracts, grants and compacts pursuant 
to the Indian Self-Determination Act and no funds appropriated in this 
title shall be available for any contract support costs or indirect 
costs associated with any contract, grant, cooperative agreement, self-
governance compact or funding agreement entered into between an Indian 
tribe or tribal organization and any entity other than an agency of the 
Department of the Interior.
    Sec. 115. (a) Denver Service Center employees who voluntarily 
resign or retire from the National Park Service on or before December 
31, 1998, shall receive, from the National Park Service, a lump sum 
voluntary separation incentive payment that shall be equal to the 
lesser of an amount equal to the amount the employee would be entitled 
to receive under section 5595(c) of title 5, United States Code, if the 
employee were entitled to payment under such section; or $25,000.
            (1) The voluntary separation incentive payment--
                    (A) shall not be a basis for payment, and shall not 
                be included in the computation of any other type of 
                Government benefit; and
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employee.
            (2) Employees receiving a voluntary separation incentive 
        payment and accepting employment with the Federal Government 
        within five years of the date of separation shall be required 
        to repay the entire amount of the incentive payment to the 
        National Park Service.
            (3) The Secretary may, at the request of the head of an 
        Executive branch agency, waive the repayment under paragraph 
        (2) if the individual involved possesses unique abilities and 
        is the only qualified applicant available for the position.
            (4) In addition to any other payment which it is required 
        to make under Subchapter III of chapter 83 of title 5, United 
        States Code, the National Park Service shall remit to the 
        Office of Personnel Management for deposit in the Treasury of 
        the United States to the credit of the Civil Service Retirement 
        and Disability Fund an amount equal to 15 percent of the final 
        basic pay of each employee of the National Park Service--
                    (A) who retires under section 8336(d)(2) of Title 
                5, United States Code; and,
                    (B) to whom a voluntary separation incentive 
                payment has been or is to be paid under the provisions 
                of this section.
    (b) Employees of Denver Service Center entitled to severance pay 
under 5 U.S.C. 5595, may apply for, and the National Park Service may 
pay, the total amount of 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 National Park Service.
    (c) Employees of the Denver Service Center who voluntarily resign 
on or before December 31, 1998, or who are separated in a reduction in 
force, shall be liable for not more than the required employee 
contribution under 5 U.S.C. 8905a(d)(1)(A) if they elect to continue 
health benefits after separation. The National Park Service shall pay 
for 12 months the remaining portion of required contributions.
    Sec. 116. (a) In this section--
            (1) the term ``Huron Cemetery'' means the lands that form 
        the cemetery that is popularly known as the Huron Cemetery, 
        located in Kansas City, Kansas, as described in subsection 
        (b)(3); and
            (2) the term ``Secretary'' means the Secretary of the 
        Interior.
    (b)(1) The Secretary shall take such action as may be necessary to 
ensure that the lands comprising the Huron Cemetery (as described in 
paragraph (3)) are used only in accordance with this subsection.
    (2) The lands of the Huron Cemetery shall be used only--
            (A) for religious and cultural uses that are compatible 
        with the use of the lands as a cemetery; and
            (B) as a burial ground.
    (3) The description of the lands of the Huron Cemetery is as 
follows:
    The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E., 
of the sixth principal meridian, in Wyandotte County, Kansas (as 
surveyed and marked on the ground on August 15, 1888, by William 
Millor, Civil Engineer and Surveyor), described as follows:
            ``Commencing on the Northwest corner of the Northwest 
        Quarter of the Northwest Quarter of said Section 10;
            ``Thence South 28 poles to the `true point of beginning';
            ``Thence South 71 degrees East 10 poles and 18 links;
            ``Thence South 18 degrees and 30 minutes West 28 poles;
            ``Thence West 11 and one-half poles;
            ``Thence North 19 degrees 15 minutes East 31 poles and 15 
        feet to the `true point of beginning', containing 2 acres or 
        more.''.
    Sec. 117. (a) Study.--The Secretary shall enter into an agreement 
with and provide funding, to the National Academy of Sciences 
(``NAS''), the Board on Earth Sciences and Resources, (``Board''), to 
conduct a detailed, comprehensive study of the environmental and 
reclamation requirements relating to mining of locatable minerals on 
federal lands and the adequacy of those requirements to prevent 
unnecessary or undue degradation of federal lands in each state in 
which such mining occurs.
            (1) Contents.--The study shall identify and consider--
                    (A) the operating, reclamation and permitting 
                requirements for locatable minerals mining and 
                exploration operations on federal lands by federal and 
                state air, water, solid waste, reclamation and other 
                environmental statutes, including surface management 
                regulations promulgated by federal land management 
                agencies and state primacy programs under applicable 
                federal statutes and state laws and the time 
                requirements applicable to project environmental review 
                and permitting;
                    (B) the adequacy of federal and state 
                environmental, reclamation and permitting statutes and 
                regulations applicable in any state or states where 
                mining or exploration of locatable minerals on federal 
                lands is occurring, to prevent unnecessary or undue 
                degradation; and
                    (C) recommendations and conclusions regarding how 
                federal and state environmental, reclamation and 
                permitting requirements and programs can be coordinated 
                to ensure environmental protection, increase 
                efficiency, avoid duplication and delay, and identify 
                the most cost-effective manner for implementation.
            (2) Consultation.--In preparation of the study, the Board 
        shall consult with the relevant state and federal regulatory 
        authorities to identify and evaluate such requirements.
    (b) Reports.--
            (1) Interim report.--No later than 18 months after the date 
        on which the agreement is entered under subsection (a), the 
        Board shall submit for comment an interim report to the 
        appropriate federal agencies, the Congress and the Governors of 
        affected states.
            (2) Final report.--Not later than six months following 
        submission of the interim report, the Board shall submit a 
        final report which takes into account comments submitted by the 
        appropriate federal agencies, Congress and the Governors of 
        affected states.
    (c) Funds.--From the funds collected for mining law administration, 
the Secretary shall provide to the NAS such funds as it requests, not 
to exceed $800,000, for the purpose of conducting this analysis.
    (d) Surface Management Regulations.--The Secretary of the Interior 
shall not promulgate any final regulations to change the Bureau of Land 
Management regulations found at 43 CFR Part 3809 until at least ninety 
days after publication of the final report in subparagraph (b)(2).
    Sec. 118. Overhead charges levied by the Fish and Wildlife Service 
on funds transferred from the Bureau of Reclamation for the Recovery 
Implementation Program for Endangered Fish Species in the Upper 
Colorado River Basin and for the Recovery Implementation Program for 
Endangered Fish Species in the San Juan River Basin shall be limited to 
no more than three percent of the total amount of the transfer.
    Sec. 119. Conveyance of Land to Kawerak, Inc. (a) Conveyance.--Not 
later than 120 days from the date of the enactment of this Act, the 
Secretary shall convey to Kawerak, Inc., a non-profit tribal 
organization in Nome, Alaska, without consideration, all right, title, 
and interest in the United States, subject to all valid existing rights 
and to the rights-of-way described in subsection (b), in the property 
described as Lot 1, Block 12; the north 50 feet of Lots 43 and 44, 
Block 12; Lots 50, 51, and 52, Block 12; Lots 28 and 29, Block 33; and 
a strip of land 25 feet in length running east and west by 24 feet in 
width running north and south in the southwest corner of Lot 15, Block 
33, all within the Nome Townsite, Records of the Cape Nome Recording 
District, Second Judicial District, State of Alaska.
    (b) The property conveyed under subsection (a) shall be subject 
to--
            (1) title of the State of Alaska, Department of Highways, 
        as to the south three feet of Lots 50, 51, and 52 of Block 12; 
        and
            (2) rights of the public or of any governmental agencies in 
        and to any portion of the property lying within any roads, 
        streets, or highways.
    Sec. 120. None of the funds made available in this or any other Act 
may be expended by the Secretary of the Interior to promulgate 
regulations affecting commercial or subsistence fishing in Glacier Bay 
National Park or to enforce any prohibition against such fishing, if 
such fishing is conducted in accordance with the laws and regulations 
of the State of Alaska.
    Sec. 121. Notwithstanding any other provisions of law, within the 
funds available to the Bureau of Land Management for wildland fire 
management preparedness, $350,000 shall be available for equipment 
support and training to the primary manager of the southern region of 
fireland management protection in Alaska prior to the expenditure of 
any funds otherwise reimbursable for such support and training.
    Sec. 122. During fiscal year 1999, no funds provided in this title 
may be expended by the Department of the Interior for the 
administration, approval, or permitting of drilling of any kind on any 
leases within the Manteo Exploration Unit and adjacent lease block 
numbers 777, 204, 599, and 470 of the Mid Atlantic planning area, prior 
to completion of all state coastal consistency determinations pursuant 
to the Coastal Zone Management Act for each specific lease, and 
conclusion of litigation and administrative appeals for each 
exploration plan.
    Sec. 123. Notwithstanding any other provision of law, grazing 
permits which expire during fiscal year 1999 shall be renewed for the 
balance of fiscal year 1999 on the same terms and conditions as 
contained in the expiring permits, or until the Bureau of Land 
Management completes processing these permits in compliance with all 
applicable laws, whichever comes first. Upon completion of processing 
by the Bureau, the terms and conditions of existing grazing permits may 
be modified, if necessary, and reissued for a term not to exceed ten 
years. Nothing in this language shall be deemed to affect the Bureau's 
authority to otherwise modify or terminate grazing permits.
    Sec. 124. Notwithstanding any other provision of law, the Secretary 
is authorized to permit persons, firms or organizations engaged in 
commercial, cultural, educational, or recreational activities (as 
defined in section 612a of title 40, United States Code) not currently 
occupying such space to use courtyards, auditoriums, meeting rooms, and 
other space of the main and south Interior building complex, 
Washington, D.C., the maintenance, operation, and protection of which 
has been delegated to the Secretary from the Administrator of General 
Services pursuant to the Federal Property and Administrative Services 
Act of 1949, and to assess reasonable charges therefore, subject to 
such procedures as the Secretary deems appropriate for such uses. 
Charges may be for the space, utilities, maintenance, repair, and other 
services. Charges for such space and services may be at rates 
equivalent to the prevailing commercial rate for comparable space and 
services devoted to a similar purpose in the vicinity of the main and 
south Interior building complex, Washington, D.C. for which charges are 
being assessed. The Secretary may without further appropriation hold, 
administer, and use such proceeds within the Departmental Management 
Working Capital Fund to offset the operation of the buildings under his 
jurisdiction, whether delegated or otherwise, and for related purposes, 
until expended.
    Sec. 125. Conveyance to the Town of Pahrump, Nevada. (a) 
Conveyance.--The Secretary of the Interior, acting through the Director 
of the Bureau of Land Management, shall convey to the town of Pahrump, 
Nevada, without consideration--
            (1) all right, title, and interest of the United States, 
        subject to all valid existing rights, in the property described 
        as the N \1/2\ of SE \1/4\ of Sec. 32 and the E \1/2\ of NE \1/
        4\ of SW \1/4\ of Sec. 33, T. 20 S., R. 54 E., Mount Diablo 
        Meridian; and
            (2) a right-of-way for access between the property 
        described in paragraph (1) and Nevada Route 160.
    (b) Use.--The conveyance of the property under subsection (a) shall 
be subject to reversion to the United States if the property is used 
for a purpose other than the purpose of a public fairground or a 
related public purpose.
    Sec. 126. (a) Short Title.--This section may be cited as the ``King 
Cove Health and Safety Act of 1998''.
    (b) Findings.--The Congress finds that--
            (1) King Cove, Alaska is a community in the westernmost 
        region of the Alaska Peninsula with a population of roughly 800 
        full-time residents and an additional 400 to 600 workers who 
        are transported in and out of the community a number of times a 
        year to work in the local fish processing plant and on fishing 
        vessels;
            (2) the majority of the full-time residents are indigenous 
        Native peoples of Aleut ancestry that have resided in the 
        region for over 5,000 years;
            (3) the only mode of access to or from King Cove is via 
        small aircraft or fishing boat, and the weather patterns are so 
        severe and unpredictable that King Cove is one of the worst 
        places in all of the United States to access by either of these 
        modes of transportation;
            (4) the State of Alaska has initiated the King Cove to Cold 
        Bay Transportation Improvement Assessment to confirm the need 
        for transportation improvements for King Cove and to identify 
        alternative methods of improving transportation access with 
        comprehensive environmental and economic review of each 
        alternative;
            (5) the State of Alaska has identified a road between King 
        Cove and Cold Bay as one of the alternatives to be evaluated in 
        the transportation planning process but for a road to be a 
        viable option for the State of Alaska, the Congress must grant 
        a legislative easement within the Izembek National Wildlife 
        Refuge (``Refuge'') across approximately seven miles of 
        wilderness land owned by the Federal Government;
            (6) there are fourteen miles of roads within the wilderness 
        boundary of the Refuge which are currently traveled by 
        vehicles;
            (7) any road constructed in accordance with such easement 
        would be an unpaved, one-lane road sufficient in width to 
        satisfy State law; and
            (8) the combined communities of King Cove and Cold Bay have 
        approximately 250 vehicles;
    (c) Purpose.--The purpose of this section is to establish a surface 
transportation easement across Federal lands within the Refuge and to 
transfer 664 acres of high value habitat lands adjacent to the Refuge 
in fee simple from the King Cove Corporation to the Federal Government 
as new wilderness lands within the Refuge in exchange for redesignating 
a narrow corridor of land within the Refuge as nonwilderness lands.
    (d) Land Exchange.--If the King Cove Corporation offers to transfer 
to the United States all right, title, and interest of the Corporation 
in and to all land owned by the Corporation in Sections 2, 3, 4, 5, 6, 
and 7 of T 57 S, R 88 W, Seward Meridian, Alaska, and any improvements 
thereon, the Secretary of the Interior (``Secretary'') shall, not later 
than 30 days after such offer, grant the Aleutians East Borough a 
perpetual right-of-way of 60 feet in width through the lands described 
in subsections (f) and (g) of this Act, for the construction, 
operation, and maintenance of certain utility-related fixtures and of a 
public road between the city of Cold Bay, Alaska, and the city of King 
Cove, Alaska and accept the transfer of the offered lands. Upon 
transfer to the United States such lands shall be managed in accordance 
with section 1302(i) of the Alaska National Interest Lands Conservation 
Act, and shall be included within the Refuge and be managed as 
wilderness.
    (e) Right-of-Way.--Unless otherwise agreed to by the Secretary and 
the Aleutians East Borough, the right-of-way granted under subsection 
(d) shall--
            (1) include sufficient lands for logistical staging areas 
        and construction material sites used for the construction and 
        maintenance of an unpaved, one-lane public road sufficient in 
        width to meet the minimum requirements necessary to satisfy 
        State law;
            (2) meet all requirements for a public highway right-of-way 
        under the laws of the State of Alaska; and
            (3) include the right for the Aleutians East Borough, or 
        its assignees, to construct, operate, and maintain electrical, 
        telephone, or other utility facilities and structures within 
        the right-of-way.
    (f) Conforming Change.--Upon the offer of Corporation lands under 
subsection (d) the boundaries of the wilderness area within the Refuge 
are hereby modified to exclude from wilderness designation a 100 foot 
wide corridor to accommodate the right-of-way within the following land 
sections--
            (1) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 
        30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska;
            (2) sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S, 
        R 88 W, Seward Meridian, Alaska;
            (3) sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward 
        Meridian, Alaska.
    (g) Right-of-Way Location.--Unless otherwise agreed to by the 
Secretary and the Aleutians East Borough, the right-of-way granted 
under subsection (d) shall be located within--
            (1) sections 2, 3, 10, and 11 of T 59 S, R 86 W, Seward 
        Meridian, Alaska;
            (2) sections 27, 28, 29, 30, 31, 32, 33, 34, and 35 of T 59 
        S, R 86 W, Seward Meridian, Alaska;
            (3) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24, 25, 26, 
        and 36 of T 58 S, R 87 W, Seward Meridian, Alaska;
            (4) sections 5, 6, 7, 8, 9, 16, 17, 20, 21, 27, 28, 29, 32, 
        33, and 34 of T 57 S, R 87 W, Seward Meridian, Alaska;
            (5) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 
        30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska;
            (6) sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S, 
        R 88 W, Seward Meridian, Alaska;
            (7) section 6 of T 57 S, R 88 W, Seward Meridian, Alaska; 
        and
            (8) sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward 
        Meridian, Alaska.
    (h) Technical Amendments.--The following provisions of law shall 
not be applicable to any right-of-way established under subsections (d) 
and (e) of this Act or to any road constructed on such right-of-way--
            (1) Section 22(g) of the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1621(g)).
            (2) Title XI of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3161 et seq.), except as specified 
        in this section.
            (3) Section 303(c) of title 49, United States Code.
    (i) The Secretary and the Aleutians East Borough shall jointly 
prepare a plan setting forth--
            (1) The times of the year a road may reasonably be 
        constructed when there are not high concentrations of migratory 
        birds in Kinzarof Lagoon; and
            (2) Limitations on non-emergency road traffic during 
        periods of the year when there are high concentrations of 
        migratory birds in Kinzarof Lagoon.
    (j) If within 24 months of the date the King Cove Corporation 
offers to transfer to the United States all right, title, and interest 
of the Corporation lands set forth in subsection (d) of this section, 
the Secretary and the Aleutians East Borough fail to mutually agree on 
the following--
            (1) a final land exchange and a grant of a right-of-way 
        pursuant to subsection (d) of this section;
            (2) the right-of-way specifications, and terms and 
        conditions of use set forth in subsections (e), (f), (g) and 
        (i) of this section;
then the Aleutians East Borough shall have the right to select a 60 
foot right-of-way for the construction, operation, and maintenance of 
certain utility-related fixtures and of a public road from lands 
described in subsection (g) of this section, and to identify logistical 
staging areas and construction material sites within the right-of-way. 
If an agreement is not reached within 6 months after the Aleutians East 
Borough notifies the Secretary of its selection, then the right-of-way 
is hereby granted to the Borough.
    Sec. 127. Notwithstanding any other provision of law, none of the 
funds provided in this Act or any other Act hereafter enacted may be 
used by the Secretary of the Interior, except with respect to land 
exchange costs and costs associated with the preparation of land 
acquisitions, in the acquisition of State, private, or other non-
federal lands (or any interest therein) in the State of Alaska, unless, 
in the acquisition of any State, private, or other non-federal lands 
(or interest therein) in the State of Alaska, the Secretary seeks to 
exchange unreserved public lands before purchasing all or any portion 
of such lands (or interest therein) in the State of Alaska.
    Sec. 128. Charleston, Arkansas National Commemorative Site. (a) The 
Congress finds that--
            (1) the 1954 U.S. Supreme Court decision of Brown v. Board 
        of Education, which mandated an end to the segregation of 
        public schools, was one of the most significant Court decisions 
        in the history of the United States;
            (2) the Charleston Public School District in Charleston, 
        Arkansas, in September, 1954, became the first previously-
        segregated public school district in the former Confederacy to 
        integrate following the Brown decision;
            (3) the orderly and peaceful integration of the public 
        schools in Charleston served as a model and inspiration in the 
        development of the Civil Rights movement in the United States, 
        particularly with respect to public education; and
            (4) notwithstanding the important role of the Charleston 
        School District in the successful implementation of integrated 
        public schools, the role of the district has not been 
        adequately commemorated and interpreted for the benefit and 
        understanding of the nation.
    (b) The Charleston Public School complex in Charleston, Arkansas is 
hereby designated as the ``Charleston National Commemorative Site'' in 
commemoration of the Charleston schools' role as the first public 
school district in the South to integrate following the 1954 United 
States Supreme Court decision, Brown v. Board of Education.
    (c) The Secretary, after consultation with the Charleston Public 
School District, shall establish an appropriate commemorative monument 
and interpretive exhibit at the Charleston National Commemorative Site 
to commemorate the 1954 integration of Charleston's public schools.
    Sec. 129. (a) Prior to distribution of tribal priority allocations 
(hereinafter in this section ``TPA'') for fiscal year 1999, the 
Secretary of the Interior through the Bureau of Indian Affairs (BIA) 
shall identify the top 10 percent of tribes in the lower 48 states in 
terms of tribal revenue measured on a per capita basis during fiscal 
year 1997. The tribes identified by BIA shall receive 50 percent of 
their TPA funding in fiscal year 1999, and the TPA funding that 
otherwise would have gone to such tribes shall be distributed at the 
discretion of the Secretary among the tribes in the bottom 20 percent 
of tribes in the lower 48 states in terms of tribal revenue measured on 
a per capita basis during fiscal year 1997. In determining revenue and 
need for the purposes of identifying the top 10 percent and the bottom 
20 percent of tribes, the Bureau of Indian Affairs will take into 
account the financial obligations of a tribe, such as budgeted health, 
education and public works service costs; its compliance, obligations 
and spending requirements under the Indian Gaming Regulatory Act; its 
compliance with the Single Audit Act; its compact with its state; 
investments, and assets such as natural resources that may be 
undeveloped.
    (b) The BIA shall develop formulas by which TPA funds for tribes 
will be allocated primarily on the basis of need, taking into account 
each tribe's tribal revenues for future disbursements of TPA beginning 
in fiscal year 2000. The BIA shall submit to Congress its 
recommendations for need-based distribution formulas for TPA funds no 
later than March 1, 1999. Such recommendations shall include several 
proposed formulas, which shall provide alternative means of measuring 
the wealth and needs of tribes. In determining revenue and need for the 
purposes of this subsection, the Bureau of Indian Affairs will take 
into account the financial obligations of a tribe, such as budgeted 
health, education and public works service costs; its compliance, 
obligations and spending requirements under the Indian Gaming 
Regulatory Act; its compliance with the Single Audit Act; its compact 
with its state; investments, and assets such as natural resources that 
may be undeveloped.
    (c) Notwithstanding any other provision of law, the BIA is hereby 
authorized and directed to collect from each tribe, receiving or 
seeking to receive TPA funding, such financial and supporting 
information as is necessary to determine such tribe's tribal revenues 
for use in determining such tribe's wealth for the purposes of this 
section, and any information the Secretary determines is necessary to 
establish such tribe's needs. The BIA shall obtain information on the 
previous calendar or fiscal year's tribal revenues no later than April 
15th of each year. For purposes of implementing subsections (a) and 
(b), the BIA shall require each tribe that received TPA funds in fiscal 
year 1998 to submit such information by November 1, 1998.
    (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 beyond a minimum amount to be determined by the 
Secretary, as such tribe's relative need cannot be determined.
    (e) For the purposes of this section, the term ``tribal revenue'' 
means income, however derived, from any venture (regardless of the 
nature or purpose of the activity, and including gaming) 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. The expenses of business ventures covered 
by this subsection must be within reasonable limits comparable with 
private sector business expenses. Payments by corporations to 
shareholders who are shareholders based on stock ownership, not tribal 
membership, will not be considered tribal revenues under this section 
unless the corporation is operated by a tribe.
    Sec. 130. None of the Funds provided in this Act shall be available 
to the Bureau of Indian Affairs or the Department of the Interior to 
transfer land into trust status in Scott County, Minnesota.
    Sec. 131. None of the funds in this or any other Act shall be used 
to issue a notice of final rulemaking with respect to the valuation of 
crude oil for royalty purposes, including a rulemaking derived from 
proposed rules published in 63 Federal Register 6113 (1998), 62 Federal 
Register 36030, and 62 Federal Register 3742 (1997) until October 1, 
1999 or until there is a negotiated agreement on the rule.

                       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, $212,927,000, 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, $165,091,000, to remain 
available until expended, as authorized by law.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,129,098,000, to remain available 
until expended, which shall include 50 percent of all moneys 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 $3,000,000 of 
funds provided herein may be used to construct or reconstruct 
facilities of the Forest Service: Provided further, That no more than 
$100,000 shall be used on any single project, exclusive of planning and 
design costs.

                        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, $587,885,000, to remain available until expended: Provided, That 
such funds are available for repayment of advances from other 
appropriations accounts previously transferred for such purposes.
    For an additional amount to cover necessary expenses for emergency 
rehabilitation, presuppression due to emergencies, and wildfire 
suppression activities of the Forest Service, $102,000,000, to remain 
available until expended: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That these funds shall be 
available only to the extent an official budget request for a specific 
dollar amount, that includes designation of the entire amount of the 
request as an emergency requirement as defined in the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress.

                    reconstruction and construction

    For necessary expenses of the Forest Service, not otherwise 
provided for, $353,840,000, to remain available until expended for 
construction, reconstruction and acquisition of buildings and other 
facilities, and for construction, reconstruction, repair and 
maintenance of forest roads and trails by the Forest Service as 
authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, 
That up $10,000,000 of the funds provided herein for road maintenance 
shall be available for the decommissioning of roads, including 
unauthorized roads not part of the transportation system, which are no 
longer needed: Provided further, That $6,600,000 shall be derived from 
the Environmental Improvement and Restoration Fund pursuant to Public 
Law 105-83: Provided further, That no funds shall be expended to 
decommission any system road until the Regional Forester for each 
region certifies to the Appropriations Committees of the House of 
Representatives and the Senate, that all unauthorized roads on national 
forest lands have either been decommissioned or reconstructed to 
standards required of national forest system roads.

                            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 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $67,022,000, 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 percent 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 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, 
protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 177 passenger 
motor vehicles of which 22 will be used primarily for law enforcement 
purposes and of which 176 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 sufficient aircraft 
from excess sources to maintain the operable fleet at 198 aircraft for 
use in Forest Service wildland fire programs and other Forest Service 
programs; 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 abolish any region, to move or close any regional office 
for research, State and private forestry, or National Forest System 
administration of the Forest Service, Department of Agriculture without 
the consent of the House and Senate Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and 
rangeland research, technical information, and assistance in foreign 
countries, and shall be available to support forestry and related 
natural resource activities outside the United States and its 
territories and possessions, including technical assistance, education 
and training, and cooperation with United States and international 
organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b unless the proposed transfer is approved in advance by 
the House and Senate Committees on Appropriations in compliance with 
the reprogramming procedures contained in House Report 105-163.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the procedures 
contained in House Report 105-163.
    No funds appropriated to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture without the 
approval of the Chief of the Forest Service.
    Notwithstanding any other provision of law, hereafter 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, hereafter 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 hereafter 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, hereafter 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 $2,250,000 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 $500,000 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 non-Federal recipient 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 $3,000,000 
of the funds available to the Forest Service shall be available for 
matching funds to the National Fish and Wildlife Foundation, 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 non-Federal recipient 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.
    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.
    The Forest Service shall fund overhead, national commitments, 
indirect expenses, and any other category for use of funds which are 
expended at any units, that are not directly related to the 
accomplishment of specific work on-the-ground, from funds available to 
the Forest Service, unless otherwise prohibited by law: Provided, That 
no later than December 15, 1998, the Forest Service shall provide, to 
the Committees on Appropriations of the House of Representatives and 
Senate, definitions for use with the fiscal year 2000 budget for 
overhead, national commitments, indirect expenses, and any other 
category for use of funds which are expended at any units that are not 
directly related to the accomplishment of specific work on-the-ground: 
Provided further, That the Forest Service shall implement and adhere to 
these standards on a nationwide basis without flexibility for 
modification by any organizational level except the Washington Office: 
Provided further, That the Forest Service shall provide in the fiscal 
year 2000 budget justification planned expenditures in accordance with 
the definitions, displayed at a minimum to the Regional, Station, Area, 
and detached unit office level, and quantified to the Ranger District 
and comparative field unit level. The justification shall display the 
source, by expanded budget line item, of funds to address these costs 
for fiscal year 2000 and will implement and display these sources based 
on the fiscal year 1999 budget allocation. Changes to these funding 
levels and funding sources shall be subject to reprogramming 
guidelines.

                          DEPARTMENT OF ENERGY

                         clean coal technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $10,000,000 of such funds shall not be available until 
October 1, 1999; $15,000,000 shall not be available until October 1, 
2000; and $15,000,000 shall not be available until October 1, 2001: 
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, 
$376,431,000, 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)

    Moneys 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, 1998, shall be deposited in this 
account and immediately transferred to the general fund of the 
Treasury. Moneys 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, $14,056,000, to remain available until 
expended: Provided, That the requirements of 10 U.S.C. 7430(b)(2)(B) 
shall not apply to fiscal year 1999: Provided further, That, 
notwithstanding any other provision of law, funds available pursuant to 
the first proviso under this head in Public Law 101-512 shall be 
immediately available for all naval petroleum and oil shale reserve 
activities.

                          energy conservation

    For necessary expenses in carrying out energy conservation 
activities, $677,701,000, to remain available until expended, 
including, notwithstanding any other provision of law, the excess 
amount for fiscal year 1999 determined under the provisions of section 
3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That the 
amount appropriated herein shall be reduced by an amount equal to the 
difference between the estimate of the excess amount for fiscal year 
1999 under the provisions of section 3003(d) of Public Law 99-509 
contained in the fiscal year 1999 budget request and the estimate of 
the excess amount for fiscal year 1999 determined under the provisions 
of section 3003(d) of Public Law 99-509 contained in the March, 1998 
Congressional Budget Office estimate of the President's fiscal year 
1999 budget request: Provided, That $160,200,000 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: $129,000,000 for 
weatherization assistance grants and $31,200,000 for State energy 
conservation grants.

                          economic regulation

    For necessary expenses in carrying out the activities of the Office 
of Hearings and Appeals, $1,801,000, to remain available until 
expended.

                      strategic petroleum reserve

    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.), $155,120,000, to remain available until expended.

                   energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $68,000,000, 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 in fiscal year 1999 and thereafter, shall continue 
the process begun in fiscal year 1998 of accepting 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 savings 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 and utility incentive programs. 
These recovered funds will continue to be used to administer even 
greater energy efficiency, water conservation and use of renewable 
energy by means of privately financed mechanisms such as utility 
efficiency service contracts and energy savings performance contracts. 
The recoverable funds will be used for all necessary program expenses, 
including contractor support and resources needed, to achieve overall 
Federal energy management program objectives for greater energy 
savings. Any such privately financed contracts shall meet the 
provisions of the Energy Policy Act of 1992, Public Law 102-486 
regarding energy savings performance contracts and utility incentive 
programs.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $1,888,602,000, 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 $364,792,000 for contract medical care shall 
remain available for obligation until September 30, 2000: Provided 
further, That of the funds provided, up to $17,000,000 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 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, 2000: 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: Provided further, That, notwithstanding any other provision 
of law, of the amounts provided herein, not to exceed $170,190,000 
shall be for payments to tribes and tribal organizations for contract 
or grant support costs associated with contracts, grants, self-
governance compacts or annual funding agreements between the Indian 
Health Service and a tribe or tribal organization pursuant to the 
Indian Self-Determination Act of 1975, as amended, prior to or during 
fiscal year 1999.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment 
of health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the 
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination 
Act, and the Indian Health Care Improvement Act, and for expenses 
necessary to carry out such Acts and titles II and III of the Public 
Health Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $263,516,000, 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: 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, heretofore and 
hereafter and notwithstanding any other provision of law, funds 
available to the Indian Health Service in this Act or any other Act for 
Indian self-determination or self-governance contract or grant support 
costs may be expended only for costs directly attributable to 
contracts, grants and compacts pursuant to the Indian Self-
Determination Act and no funds appropriated by this or any other Act 
shall be available for any contract support costs or indirect costs 
associated with any contract, grant, cooperative agreement, self-
governance compact, or funding agreement entered into between an Indian 
tribe or tribal organization and any entity other than the Indian 
Health Service: Provided further, That, notwithstanding any other 
provision of law, hereafter any funds appropriated to the Indian Health 
Service in this or any other Act for payments to tribes and tribal 
organizations for contract or grant support costs for contracts, 
grants, self-governance compacts or annual funding agreements with the 
Indian Health Service pursuant to the Indian Self-Determination Act of 
1975, as amended, shall be allocated and distributed to such contracts, 
grants, self-governance compacts and annual funding agreements each 
year on a pro-rata proportionate basis regardless of amounts allocated 
in any previous year to such contracts, grants, self-governance 
compacts or annual funding agreements: 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, $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), $3,188,000.

                        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 30 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; $352,154,000, of which 
not to exceed $42,076,000 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, $4,400,000, 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, $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, $16,000,000, 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, $57,938,000 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, $6,311,000, 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, $13,000,000.

                              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, $20,000,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$5,840,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $85,560,000 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 sections 5(c) and 5(g) of the 
Act, for program support, 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, 
$14,500,000, 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, $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 $9,900,000 
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, as amended, $23,280,000, 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: Provided further, That funds from 
nonappropriated sources may be used as necessary 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), $898,000.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956(a)), as amended, $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), $2,800,000: Provided, 
That none of these funds shall be available for compensation of level V 
of the Executive Schedule 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, $5,954,000: Provided, That all appointed 
members will be compensated at a rate not to exceed the rate for level 
IV of the Executive Schedule.

                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, $32,607,000, of which 
$2,075,000 for the museum's repair and rehabilitation program and 
$1,264,000 for the museum's exhibitions program shall remain available 
until expended.

                             Presidio Trust

                          presidio trust fund

    For necessary expenses to carry out Title I of the Omnibus Parks 
and Public Lands Management Act of 1996, $14,913,000 shall be available 
to the Presidio Trust, to remain available until expended. The Trust is 
authorized to issue obligations to the Secretary of the Treasury 
pursuant to section 104(d)(3) of the Act, in an amount not to exceed 
$15,000,000.

                     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. 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 Departments 
of Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1999, then none of the funds appropriated 
or otherwise made available by this Act may be used for the AmeriCorps 
programs.
    Sec. 311. 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. 312. (a) Limitation of Funds.--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) Exceptions.--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) Report.--On September 30, 1999, 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 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. 313. 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.
    Sec. 314. Notwithstanding any other provision of law, amounts 
appropriated to or earmarked in committee reports for the Bureau of 
Indian Affairs and the Indian Health Service by Public Laws 103-138, 
103-332, 104-134, 104-208 and 105-83 for payments to tribes and tribal 
organizations for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or annual 
funding agreements with the Bureau of Indian Affairs or the Indian 
Health Service as funded by such Acts, are the total amounts available 
for fiscal years 1994 through 1998 for such purposes, except that, for 
the Bureau of Indian Affairs, tribes and tribal organizations may use 
their tribal priority allocations for unmet indirect costs of ongoing 
contracts, grants, self-governance compacts or annual funding 
agreements.
    Sec. 315. Notwithstanding any other provision of law, for fiscal 
year 1999 the Secretaries of Agriculture and the 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.
    Sec. 316. 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. 317. (a) None of the funds made available in this Act or any 
other Act providing appropriations for the Department of the Interior, 
the Forest Service or the Smithsonian Institution may be used to submit 
nominations for the designation of Biosphere Reserves pursuant to the 
Man and Biosphere program administered by the United Nations 
Educational, Scientific, and Cultural Organization.
    (b) The provisions of this section shall be repealed upon enactment 
of subsequent legislation specifically authorizing United States 
participation in the Man and Biosphere program.
    Sec. 318. The budget authority made available in this Act shall be 
reduced by the following amounts: ``Management of Land and Resources'', 
Bureau of Land Management, Department of the Interior, $250,000; 
``Resource Management'', U.S. Fish and Wildlife Service, Department of 
the Interior, $121,000; ``Operation of the National Park System'', 
National Park Service, Department of the Interior, $815,000; ``Surveys, 
Investigations and Research'', United States Geological Survey, 
Department of the Interior, $110,000; ``Regulation and Technology'', 
Office of Surface Mining Reclamation and Enforcement, Department of the 
Interior, $413,000; ``Operation of Indian Programs'', Bureau of Indian 
Affairs, Department of the Interior, $4,000,000; ``Departmental 
Management'', Departmental Offices, Department of the Interior, 
$227,000; ``Indian Health Services'', Indian Health Service, Department 
of Health and Human Services, $15,600,000; ``National Forest System'', 
Forest Service, Department of Agriculture, $3,500,000.
    Sec. 319. Of the funds provided to the National Endowment for the 
Arts--
            (1) 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.
            (2) 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.
            (3) 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. 320. 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. 321. Except as provided in section 337, no part of any 
appropriation contained in this Act shall be expended or obligated to 
fund new revisions of national forest land management plans until new 
final or interim final rules for forest land management planning are 
published in the Federal Register. Those national forests which are 
currently in a revision process, having formally published a Notice of 
Intent to revise prior to October 1, 1997; those national forests 
having been court-ordered to revise; and the White Mountain National 
Forest are exempt from this section and may use funds in this Act and 
proceed to complete the forest plan revision in accordance with current 
forest planning regulations.
    Sec. 322. No part of any appropriation contained in this Act shall 
be expended or obligated to complete and issue the five-year program 
under the Forest and Rangeland Renewable Resources Planning Act.
    Sec. 323. (a) Watershed Restoration and Enhancement Agreements.--
For fiscal year 1999, to the extent funds are otherwise available, 
appropriations for the Forest Service may be used by the Secretary of 
Agriculture for the purpose of entering into cooperative agreements 
with willing Federal, tribal, State and local governments, private and 
nonprofit entities and landowners for the protection, restoration and 
enhancement of fish and wildlife habitat, and other resources on public 
or private land, the reduction of risk from natural disaster where 
public safety is threatened, or a combination thereof 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 nonprofit 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, state or 
                local government, or private or nonprofit entity;
                    (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 landowners, State 
        and local governments or both.
    (d) Reporting Requirements.--Not later than December 31, 1999, the 
Secretary shall submit a report to the Committees on Appropriations of 
the House and Senate, which contains--
            (1) A concise description of each project, including the 
        project purpose, location on federal and non-federal land, key 
        activities, and all parties to the agreement.
            (2) the funding and/or other contributions provided by each 
        party for each project agreement.
    Sec. 324. (a) In providing services or awarding financial 
assistance under the National Foundation on the Arts and the Humanities 
Act of 1965 from funds appropriated under this Act, the Chairperson of 
the National Endowment for the Arts shall ensure that priority is given 
to providing services or awarding financial assistance for projects, 
productions, workshops, or programs that serve underserved populations.
    (b) In this section:
            (1) The term ``underserved population'' means a population 
        of individuals who have historically been outside the purview 
        of arts and humanities programs due to factors such as a high 
        incidence of income below the poverty line or to geographic 
        isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.
    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage public knowledge, education, 
understanding, and appreciation of the arts.
    (d) With funds appropriated by this Act to carry out section 5 of 
the National Foundation on the Arts and Humanities Act of 1965--
            (1) the Chairperson shall establish a grant category for 
        projects, productions, workshops, or programs that are of 
        national impact or availability or are able to tour several 
        States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1); and
            (3) the Chairperson shall report to the Congress annually 
        and by State, on grants awarded by the Chairperson in each 
        grant category under section 5 of such Act.
    Sec. 325. Section 6(b)(1)(B)(iii) of the National Foundation on the 
Arts and Humanities Act of 1965 (20 U.S.C. 955(b)(1)(B)(iii)) is 
amended by striking ``One'' and inserting ``Two''.
    Sec. 326. (a) The Secretary of Agriculture is directed to accept 
full title to the following real property located in Skamania County, 
Washington, effective January 1, 1999:
            Government Lot 4 and the southwest quarter of the southeast 
        quarter of Section 28;
            Government Lots 2 and 3, the south half of the northeast 
        quarter, the southeast quarter, the east half of the southwest 
        quarter, and the southeast quarter of the northwest quarter of 
        Section 30;
            Section 31--all;
            Government Lots 1 and 2, the west half of the northeast 
        quarter, and the east half of the northwest quarter of Section 
        33;
all being at Township 3 North, Range 7 East, Willamette Meridian.
    (b) For all property identified in subsection (a) not acquired as 
of January 1, 1999, the Secretary shall immediately add to the 
contractually agreed upon purchase price a timber growth adjustment 
equal to the timber growth adjustment made for the property on December 
31, 1997.
    (c) Effective January 1, 1999, until the Secretary tenders to the 
owners of these lands the contractually agreed upon purchase price, 
including timber growth adjustments, interest on the unpaid balance of 
the purchase price shall accrue at the rate established by 26 U.S.C. 
Sec.  6621(a)(1).
    (d) Federal acquisition of the above-mentioned real property shall 
be subject to the right of the owners and their successors in interest 
to access other lands held by the owners as of December 31, 1997.
    Sec. 327. (a) Boundary Adjustments.--
            (1) Lake chelan national recreation area.--The boundary of 
        the Lake Chelan National Recreation Area, established by 
        section 202 of Public Law 90-544 (16 U.S.C. 90a-1), is hereby 
        adjusted to exclude a parcel of land and waters consisting of 
        approximately 88 acres, as depicted on the map entitled 
        ``Proposed Management Units, North Cascades, Washington'', 
        numbered NP-CAS-7002A, originally dated October 1967, and 
        revised July 13, 1994.
            (2) Wenatchee national forest.--The boundary of the 
        Wenatchee National Forest is hereby adjusted to include the 
        parcel of land and waters described in paragraph (1).
            (3) Availability of map.--The map referred to in paragraph 
        (1) shall be on file and available for public inspection in the 
        offices of the superintendent of the Lake Chelan National 
        Recreation Area and the Director of the National Park Service, 
        Department of the Interior, and in the office of the Chief of 
        the Forest Service, Department of Agriculture.
    (b) Transfer of Administrative Jurisdiction.--Administrative 
jurisdiction over Federal land and waters in the parcel covered by the 
boundary adjustments in subsection (a) is transferred from the 
Secretary of the Interior to the Secretary of Agriculture, and the 
transferred land and waters shall be managed by the Secretary of 
Agriculture in accordance with the laws and regulations pertaining to 
the National Forest System.
    (c) Land and Water Conservation Fund.--For purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), 
the boundaries of the Wenatchee National Forest, as adjusted by 
subsection (a), shall be considered to be the boundaries of the 
Wenatchee National Forest as of January 1, 1965.
    Sec. 328. The Forest Service shall have authority, independent of 
any involvement by the Department of Agriculture, to obtain and 
implement a general ledger. Notwithstanding any provisions of law which 
require departmental coordination and oversight, the Forest Service 
shall, independently review available systems used by other agencies, 
federal departments, state agencies, and private business to identify 
and select a system which meets the information management needs of the 
agency, the executive branch, and Congress. The Forest Service shall 
procure such system in accordance with federal acquisition regulations, 
notwithstanding provisions of law which require departmental 
involvement in such procurement. The Forest Service shall provide a 
report to the Committees on Appropriations of the Senate and House of 
Representatives, no later than January 15, 1999, which provides 
information on the systems considered, the costs of implementing such a 
system, and the timeframes involved.
    Sec. 329. Notwithstanding section 6(f)(5)(A) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 as amended by the 
National Forest Management Act of 1976 (16 U.S.C. 1604(f)(5)(A)), 
current forest plans will remain in effect until revised.
    Sec. 330. Hardwood Technology Transfer and Applied Research. (a) 
The Secretary of Agriculture (hereafter the ``Secretary'') is hereby 
authorized to conduct technology transfer and development, training, 
dissemination of information and applied research in the management, 
processing and utilization of the hardwood forest resource. This 
authority is in addition to any other authorities which may be 
available to the Secretary including, but not limited to, the 
Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101 
et. seq.), and the Forest and Rangeland Renewable Resources Act of 
1978, as amended (16 U.S.C. 1600-1614).
    (b) In carrying out this authority, the Secretary may enter into 
grants, contracts, and cooperative agreements with public and private 
agencies, organizations, corporations, institutions and individuals. 
The Secretary may accept gifts and donations pursuant to the Act of 
October 10, 1978 (7 U.S.C. 2269) including gifts and donations from a 
donor that conducts business with any agency of the Department of 
Agriculture or is regulated by the Secretary of Agriculture.
    (c) The Secretary is authorized, on such terms and conditions as 
the Secretary may prescribe, to assume all rights, title, and interest, 
including all outstanding assets, of the Robert C. Byrd Hardwood 
Technology Center, Inc. (hereafter the ``Center''), a non-profit 
corporation existing under the laws of the State of West Virginia: 
Provided, That the Board of Directors of the Center requests such an 
action and dissolves the corporation consistent with the Articles of 
Incorporation and the laws of the State of West Virginia.
    (d) The Secretary is authorized to operate and utilize the assets 
of the Center as part of a newly formed ``Institute of Hardwood 
Technology Transfer and Applied Research'' (hereafter the 
``Institute''). The Institute, in addition to the Center, will consist 
of a Director, technology transfer specialists from State and Private 
Forestry, the Forestry Sciences Laboratory in Princeton, West Virginia, 
and any other organizational unit of the Department of Agriculture as 
the Secretary deems appropriate. The overall management of the 
Institute will be the responsibility of the USDA Forest Service, State 
and Private Forestry.
    (e) The Secretary is authorized to generate revenue using the 
authorities provided herein. Any revenue received as part of the 
operation of the Institute shall be deposited into a special fund in 
the Treasury of the United States, known as the ``Hardwood Technology 
Transfer and Applied Research Fund'', which shall be available to the 
Secretary until expended, without further appropriation, in furtherance 
of the purposes of this section, including upkeep, management, and 
operation of the Institute and the payment of salaries and expenses.
    (f) There are hereby authorized to be appropriated such sums as 
necessary to carry out the provisions of this section.
    Sec. 331. The Forest Service shall rescind its decision prohibiting 
the use of fixed anchors for rock climbing in wilderness areas of the 
National Forests. No decision prohibiting the use of such anchors in 
the National Forests shall be implemented until the Forest Service 
follows a procedure which will ensure active public participation in 
the decisionmaking process.
    Sec. 332. No funds appropriated by this or any other Act may be 
used to undertake prescribed burning until the Forest Supervisor 
certifies that every effort has been made to remove all economically 
viable, commercial wood products from the proposed burn area. The 
Regional Forester may grant waivers on a case-by-case basis.
    Sec. 333. Increases in recreation residence fees on the Sawtooth 
National Forest shall be implemented only to the extent that such fee 
increases are equal to the percentage increases in the implicit Gross 
National Product Deflator for the appropriate 12-month period.
    Sec. 334. Section 7 of the Granger-Thye Act of April 24, 1950 is 
amended by deleting the words ``recondition and maintain,'' 
substituting in lieu thereof the words ``renovate, recondition, 
improve, maintain, and administer''.
    Sec. 335. Stewardship End Result Contracting Demonstration Project. 
(a) In General.--Until September 30, 2002, in each national forest in 
the States of Idaho and Montana, and in the Umatilla National Forest, 
the Forest Service may enter into contracts with private persons and 
entities to perform services to achieve land management goals for the 
national forest that meet local and rural community needs.
    (b) Land Management Goals.--The land management goals of a contract 
under subsection (a) may include, among other things--
            (1) road and trail maintenance or obliteration to restore 
        or maintain water quality;
            (2) soil productivity, habitat for wildlife and fisheries, 
        or other resource values;
            (3) setting of prescribed fires to improve the composition, 
        structure, condition, and health of stands or to improve 
        wildlife habitat;
            (4) noncommercial cutting or removing of trees or other 
        activities to promote healthy forest stands and reduce fire 
        hazards;
            (5) watershed restoration and maintenance;
            (6) restoration and maintenance of wildlife and fish 
        habitat; and
            (7) control of noxious and exotic weeds and reestablishing 
        native plant species.
    (c) Contracts.--
            (1) Procurement procedure.--A source for performance of a 
        contract under subsection (a) shall be selected on a best-value 
        basis, including consideration of source under other public and 
        private contracts.
            (2) Term.--A multiyear contract may be entered into under 
        subsection (a) in accordance with section 304B of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        254c), except that the period of the contract may exceed 5 
        years but may not exceed 10 years.
            (3) Offsets.--
                    (A) In general.--In connection with a contract 
                under subsection (a), notwithstanding section 14 of the 
                National Forest Management Act of 1976 (16 U.S.C. 
                472a), the Forest Service may apply the value of timber 
                or other forest products removed as an offset against 
                the cost of services received.
                    (B) Methods of appraisal.--The value of timber or 
                other forest products used as offsets under 
                subparagraph (A)--
                            (i) shall be determined using appropriate 
                        methods of appraisal commensurate with the 
                        quantity of products to be removed;
                            (ii) may be determined using a unit of 
                        measure appropriate to the contract; and
                            (iii) may include valuing products on a 
                        per-acre basis.
    (d) Payments.--The Forest Service shall make payments to States in 
accordance with the Act of May 23, 1908 (35 Stat. 260, chapter 192; 16 
U.S.C. 500) from the National Forest Fund in the same manner as payment 
for timber sale receipts is made from timber sale contracts, for the 
value of timber or other forest products, as determined under 
subsection (c)(3)(B).
    (e) Revenues.--
            (1) In general.--The Forest Service may collect revenues 
        from a contract under subsection (a) so long as collection of 
        the revenue is a secondary objective to the primary objective 
        of negotiating contracts that will best achieve the purposes of 
        this section.
            (2) Use.--Revenues from a contract under subsection (a) may 
        be retained by the Forest Service and shall be available for 
        expenditure without further appropriation at the demonstration 
        project site from which the revenue is collected or at another 
        demonstration project site.
    (f) Number of Contracts.--The Forest Service shall make every 
effort practicable to execute at least 4 contracts under subsection (a) 
by September 30, 1999.
    (g) Costs of Removal.--The Forest Service may collect deposits from 
contractors covering the costs of removal of timber or other forest 
products pursuant to the Act of August 11, 1916 (39 Stat. 462, chapter 
313; 16 U.S.C. 490) and the next to last paragraph under the heading 
``FOREST SERVICE.'' under the heading ``DEPARTMENT OF AGRICULTURE'' in 
the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498).
    (h) Performance and Payment Guarantees.--
            (1) In general.--The Forest Service may require performance 
        and payment bonds, in accordance with sections 103-2 and 103-3 
        of part 28 of the Federal Acquisition Regulation (48 C.F.R. 
        28.103-2, 28.103-3), in an amount that the contracting officer 
        considers sufficient to protect the Government's investment in 
        revenue generated by the contractor from the estimated value of 
        the forest products to be removed under contract under 
        subsection (a).
            (2) Excess offset value.--If the offset value of the forest 
        products exceeds the value of the resource improvement 
        treatments, the Forest Service may--
                    (A) collect any residual revenue pursuant to the 
                Act of June 9, 1930 (46 Stat. 527, chapter 416; 16 
                U.S.C. 576b); and
                    (B) apply the excess to other authorized 
                stewardship demonstration projects.
    (i) Reports.--The Forest Service shall report annually to the 
Committee on Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate on--
            (1) the status of development, execution, and 
        administration of contracts under subsection (a);
            (2) the specific accomplishments that have resulted; and
            (3) the role of local communities in development of 
        contract plans.
    Sec. 336. The Forest Service and the Federal Highway Administration 
shall make available to the State of Utah, $15,000,000 for construction 
of the Trappers Loop connector road. Such funds shall be made available 
from the Federal Land Highway Program, Public Lands Highways (Forests) 
funds. Such funds shall be made available prior to computation and 
aggregation of the state shares of such funds for other projects.
    Sec. 337. (a) Any appropriations contained in this Act or any other 
Act for the operation or implementation of the Interior Columbia Basin 
Ecosystem Management Project (hereinafter ``Project'') shall be 
obligated or expended only as provided in this section.
    (b) Within 120 days of the date of enactment of this Act, the 
Secretary of Agriculture and the Secretary of the Interior shall--
            (1) prepare and submit to the Committees on Appropriations 
        of the House of Representatives and the Senate the report 
        required by section 323(a) of the Department of the Interior 
        and Related Agencies Appropriations Act, 1998 (11 Stat. 1543, 
        1596-7), including any additional information necessary to 
        correspond with the requirements of this section;
            (2) distribute for advisory purposes to each national 
        forest and each resource area or other relevant planning unit 
        of the Bureau of Land Management within the region encompassed 
        by the Project (hereinafter ``Project forest'') all relevant 
        scientific findings of the Project and the report required by 
        paragraph (1); and
            (3) conduct and complete the orderly reorganization or 
        closing of the offices of the Project.
    (c)(1) Within 90 days after the completion of the requirements of 
subsection (b), each Forest Service Supervisor of, or Bureau of Land 
Management official with jurisdiction over, a Project forest shall 
review the resource management plan or other land use plan for the 
Project forest (hereinafter ``plan''), and, as they may relate to the 
specific resources and conditions existing on the Project forest as of 
the date of enactment of this Act, the scientific information and 
report provided pursuant to subsection (b)(2) and any policies made 
applicable to the Project forest prior to the date of enactment of this 
Act, and determine whether an amendment to or revision of the plan is 
warranted.
    (2) If the determination is made pursuant to paragraph (1) that a 
plan amendment or revision is warranted, preparation of the amendment 
or revision shall be completed within 12 months or 18 months, 
respectively, of the date of the determination.
    (d)(1) Upon completion of all plan amendments or revisions pursuant 
to subsection (c), all plans for all Project forests in the region 
encompassed by the Project shall be assembled for review by the 
Secretary of Agriculture and the Secretary of the Interior pursuant to 
paragraph (2).
    (2) The Secretaries shall--
            (A) review the assembled plans;
            (B) prepare an interpretive document analyzing the plans' 
        implications for the region encompassed by the Project; and
            (C) distribute the interpretive document to each Forest 
        Service Supervisor of, or Bureau of Land Management official 
        with jurisdiction over, a Project forest, for any further 
        action such Supervisor or official may deem necessary.
    (e)(1) Each plan amendment or revision prepared pursuant to 
subsection (c) shall be subject to any applicable consultation 
requirements of section 7 of the Endangered Species Act of 1993 (16 
U.S.C. Sec. 1536) and any such consultation shall address the specific 
conditions of the Project forest to which the amendment or revision 
applies.
    (2) If any consultation on a plan amendment or revision results in 
a finding of jeopardy or adverse modification pursuant to subsection 
(b)(3)(A) of section 7, any management activity in the Project forest 
to which the plan applies and which is subject to the consultation 
requirements of section 7 may proceed only if the consultation 
concludes without a finding of jeopardy or adverse modification for 
such activity.
    (3) Any finding of jeopardy or adverse modification on a plan 
amendment or revision shall not be deemed to be final until the 
Secretary of Agriculture and the Secretary of the Interior have 
prepared the interpretive document on the assembled plans required by 
subsection (d)(2)(B) and the document and the finding have been 
reviewed by the U.S. Fish and Wildlife Service and National Marine 
Fisheries Service.
    Sec. 338. Tongass Timber. (a) The Secretary of Agriculture shall 
prepare and offer for sale, each year, an economically viable supply of 
unharvested timber in the Tongass National Forest which has been 
cleared through the National Environmental Policy Act process and meets 
the requirements of any other applicable federal or state law and which 
is equal to at least 90 percent of the Allowable Sale Quantity 
identified in the May 1997 Record of Decision for the Tongass Land 
Management Plan Revision.
    (b) The Secretary is authorized to enter into contracts with third 
parties to fulfill the requirements of subsection (a).
    (c) The United States District Court for the District of Alaska 
shall have jurisdiction, without regard to the amount in controversy or 
the citizenship of the parties, over civil suits brought under this 
section by a person economically dependent upon the Secretary's 
performance under this section, and adversely affected by the 
Secretary's failure to prepare or offer for sale the volume of timber 
required to be prepared and offered for sale under subsection (a), and 
to enforce this section, or to order the Secretary to perform any act 
or duty under this section, as the case may be, and to otherwise 
provide relief to such person, except that no funds appropriated by 
this or any other Act shall be used to provide damages under this 
subsection.
    (d) In addition to any relief which may be granted under subsection 
(c), the Chief of the Forest Service shall annually pay to local 
governments in Southeast Alaska an amount equal to 25 percent of the 
receipts that would have been received from timber sales required to be 
offered pursuant to subsection (a) if such timber was not offered for 
sale. Such payments shall be made from funds appropriated to the Forest 
Service.
    Sec. 339. (a) Prohibition on Timber Purchaser Road Credits.--In 
financing any forest development road pursuant to section 4 of Public 
law 88-657 (16 U.S.C. 535, commonly known as the National Forest Roads 
and Trails Act), the Secretary of Agriculture may not provide for 
amortization of road costs in any contract with, or otherwise provide 
effective credit for road construction to, any purchaser of national 
forest timber or other forest products.
    (b)(1) Construction of Roads by Timber Purchasers.--Whenever the 
Secretary of Agriculture makes a determination that a forest 
development road referred to in subsection (a) shall be constructed or 
paid for, in whole or in part, by a purchaser of national forest timber 
or other forest products, the Secretary shall include notice of the 
determination in the notice of sale of the timber or other forest 
products. The notice of sale shall contain, or announce the 
availability of, sufficient information related to the road described 
in the notice to permit a prospective bidder on the sale to calculate 
the likely cost that would be incurred by the bidder to construct or 
finance the construction of the road so that the bidder may reflect 
such cost in the bid.
    (2) If there is an increase or decrease in the cost of roads 
constructed by the timber purchaser, caused by subsequent design 
changes mandated by the Secretary, then an adjustment to the price paid 
for timber harvested by the purchaser shall be made. The adjustment 
shall be applied by the Secretary as soon as practicable after any such 
design change is implemented.
    (c) Special Election by Small Business Concerns.--(1) A notice of 
sale referred to in subsection (b) shall give a purchaser of national 
forest timber or other forest products that qualifies as a ``small 
business concern'' under the Small Business Act (15 U.S.C. 631 et 
seq.), and regulations issued thereunder, the option to elect that the 
Secretary of Agriculture build the road described in the notice. The 
Secretary shall provide the small business concern with an estimate of 
the cost that would be incurred by the Secretary to construct the road 
on behalf of the small business concern. The notice of sale shall also 
include the date on which the road described in the notice will be 
completed by the Secretary if the election is made.
    (2) If the election referred to in paragraph (1) is made, the 
purchaser of the national forest timber or other forest products shall 
pay to the Secretary of Agriculture, in addition to the price paid for 
the timber or other forest products, an amount equal to the estimated 
cost of the road which otherwise would be paid by the purchaser as 
provided in the notice of sale. Pending receipt of such amount, the 
Secretary may use receipts from the sale of national forest timber or 
other forest products to accomplish the requested road construction.
    (d) Post Construction Harvesting.--In each sale of national forest 
timber or other forest products referred to in this section, the 
Secretary of Agriculture is encouraged to authorize harvest of the 
timber or other forest products in a unit included in the sale as soon 
as road work for that unit is completed and the road work is approved 
by the Secretary.
    (e) Construction Standard.--For any forest development road that is 
to be constructed or paid for by a purchaser of national forest timber 
or other forest products, the Secretary of Agriculture may not require 
the purchaser to design, construct, or maintain the road (or pay for 
the design, construction, or maintenance of the road) to a standard 
higher than the standard, consistent with applicable environmental laws 
and regulations, that is sufficient for the harvesting and removal of 
the timber or other forest products, unless the Secretary bears that 
part of the cost necessary to meet the higher standard.
    (f) Treatment of Road Value.--For any forest development road that 
is constructed or paid for by a purchaser of national forest timber or 
other forest products, the appraised value of the road construction, 
including subsequent design changes, shall be considered to be money 
received for purposes of the payments required to be made under the 
sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 
23, 1908 (35 Stat. 260, 16 U.S.C. 500), and section 13 of the Act of 
March 1, 1911 (35 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 
500). To the extent that the appraised value of road construction 
determined under this subsection reflects funds contributed by the 
Secretary of Agriculture to build the road to a higher standard 
pursuant to subsection (e), the Secretary shall modify the appraisal of 
the road construction to exclude the effect of the Federal funds.
    (g) Effective Date.--(1) This section and the requirements of this 
section shall take effect (and apply thereafter) on--
            (A) the effective date of regulations issued by the 
        Secretary of Agriculture to implement this section; and
            (B) the date on which a new standard timber sale contract, 
        which is designed to implement this section and has been 
        published for public comment, is approved by the Secretary.
    (2) Notwithstanding paragraph (1), any sale of national forest 
timber or other forest products for which notice of sale is provided 
before the effective date of this section, and any effective purchaser 
road credit earned pursuant to a contract resulting from such a notice 
of sale or otherwise earned before that effective date, shall continue 
to be subject to section 4 of Public Law 88-657 and section 14(i) of 
the National Forest Management Act of 1976 (16 U.S.C. 472a(i)), and 
rules issued thereunder, as in effect on the day before the date of the 
enactment of this Act.
    Sec. 340. All timber sold in Region 10 in fiscal year 1999 shall be 
sold using a residual value appraisal system. No timber in Region 10 
shall be advertised for sale which, when using domestic Alaska western 
red cedar selling values and manufacturing costs, fails to provide at 
least 60 percent of normal profit and risk of the appraised timber, 
except at the written request by a prospective bidder. Program 
accomplishments shall be based on volume sold. Should Region 10 sell, 
in fiscal year 1999, the annual average portion of the decadal 
allowable sale quantity called for in the current Tongass Land 
Management Plan which provides greater than 60 percent of normal profit 
and risk at the time of the sale advertisement, all of the western red 
cedar timber from those sales which is surplus to the needs of domestic 
processors in Alaska, shall be made available to domestic processors in 
the contiguous 48 United States at prevailing domestic prices. Should 
Region 10 sell, in fiscal year 1999, less than the annual average 
portion of the decadal allowable sale quantity called for in the 
current Tongass Land Management Plan meeting the 60 percent of normal 
profit and risk standard at the time of sale advertisement, the volume 
of western red cedar timber available to domestic processors at 
prevailing domestic prices in the contiguous 48 states shall be that 
volume: (i) which is surplus to the needs of domestic processors in 
Alaska; and (ii) is that percent of the surplus western red cedar 
volume determined by calculating the ratio of the total timber volume 
which has been sold on the Tongass to the annual average portion of the 
decadal allowable sale quantity called for in the current Tongass Land 
Management Plan. The percentage shall be calculated by Region 10 on a 
rolling basis as each sale is sold. (For purposes of this amendment, a 
``rolling basis'' shall mean that the determination of how much western 
red cedar is eligible for sale to various markets shall be made at the 
time each sale is awarded.) Western red cedar shall be deemed ``surplus 
to the needs of domestic processors in Alaska'' when the timber sale 
holder has presented to the Forest Service documentation of the 
inability to sell western red cedar logs from a given sale to domestic 
Alaska processors at a price equal to or greater than the log selling 
value stated in the contract. All additional western red cedar volume 
not sold to Alaska or contiguous 48 United States domestic processors 
may be exported to foreign markets at the election of the timber sale 
holder. All Alaska yellow cedar may be sold at prevailing export prices 
at the election of the timber sale holder.
    Sec. 341. (a) Hereinafter and notwithstanding any other provision 
of law, after September 30, 1998 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 
August 27, 1997, or to prohibit the renewal of any such agreement.
    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, the Forest Service, or any other Federal 
agency to produce a new draft environmental impact statement that will 
include an analysis of the habitat-based population viability study 
completed in 1998, or to receive public comment on such new draft 
environmental impact statement.
    Sec. 343. Unless specifically authorized by Congress, a Federal or 
State agency shall not require, approve, authorize, fund or undertake 
any action that would remove, breach, or diminish the Congressionally 
authorized uses of any dam on the Federal Columbia Power System or any 
dam on the Columbia or Snake Rivers or their tributaries licensed by 
the Federal Energy Regulatory Commission. Such activities prohibited 
under this act without Congressional authorization include--
            (a) impairing the ability of flood control facilities 
        located in the Columbia-Snake River basin to protect adequately 
        the safety of humans and property from damage due to flooding;
            (b) reducing the capability of the Federal Columbia River 
        Power System to generate electric energy or capacity below 
        current operations (as of the date of enactment of this Act);
            (c) reducing the power and energy generating capacity of 
        any dam on the Columbia or Snake River or their tributaries 
        licensed by the Federal Energy Regulatory Commission below 
        existing levels (as of the date of enactment of this Act);
            (d)(1) reducing the level of the Columbia-Snake River 
        reservoirs below minimum operating pools (as of the date of 
        enactment of this Act), except as may be necessary for flood 
        control or maintenance or repair of dam and navigation locks;
            (2) reducing the reservoir levels below established minimum 
        irrigation pools; or
            (3) further restricting access to the Columbia River or 
        Snake River for irrigation or recreational use;
            (e) impairing the Columbia-Snake River inland navigation 
        system from Bonneville Dam to Lewiston, Idaho (as of the date 
        of enactment of this Act), which shall remain at all times 
        fully operational as authorized by Congress;
            (f) restricting or abrogating in any way the management or 
        control of State water rights;
            (g) requiring the release of stored water from any Federal, 
        State, or private water storage project; or
            (h) reducing the Congressionally required minimum 14 foot 
        navigation channel and navigation lock sill clearance at 
        minimum regulated flow, except as may be necessary for purposes 
        of flood control, or maintenance or repairs.

TITLE IV--TO AMEND THE ELWHA RIVER ECOSYSTEM AND FISHERIES RESTORATION 
                                  ACT

    (a) In General.--The Elwha River Ecosystem and Fisheries 
Restoration Act (106 Stat. 3173) is amended by striking section 3 and 
inserting the following:

``SEC. 3. ACQUISITION OF PROJECTS.

    ``(a) In General.--As soon as practicable after sums are 
appropriated for the purpose, the Secretary shall acquire the Elwha 
Project and Glines Canyon Project for a purchase price of $29,500,000.
    ``(b) Release From Liability.--
            ``(1) In general.--Subject to paragraph (2), the 
        acquisition of the Projects shall be conditioned on a release 
        from liability providing that all obligations and liabilities 
        of the owner and local industrial consumer to the United States 
        arising from the Projects, based on ownership or on a license, 
        permit, contract, or other authority (including Project removal 
        and any ecosystem, fish and wildlife mitigation, and 
        restoration obligations), shall, from the moment of title 
        transfer, be deemed to have been satisfied.
            ``(2) Liability to indian tribes.--The United States may 
        not assume or satisfy the liability, if any, of the owner or 
        local industrial consumer to any federally recognized Indian 
        tribe, nor shall any such liability be deemed satisfied without 
        the consent of the Indian tribe.
    ``(c) Elwha Project.--
            ``(1) Removal of dam.--
                    ``(A) In general.--After acquiring the Elwha 
                Project, the Secretary shall, as soon as practicable 
                after sums are appropriated for the purpose, remove the 
                Elwha dam.
                    ``(B) Protection of water supply.--
                            ``(i) In general.--Before commencing 
                        removal of the Elwha dam or taking any steps to 
                        breach, bypass, or otherwise alter the water 
                        flow from the Elwha dam, the Secretary shall 
                        take all such actions as are necessary to 
                        ensure the continued availability, after 
                        removal of the dam, of the quantity and quality 
                        of water that is available, as of the date of 
                        enactment of this paragraph, to the city of 
                        Port Angeles, Washington, the Dry Creek Water 
                        Association, current (as of the date of 
                        enactment of this paragraph) and future 
                        industrial water users, and other current users 
                        of water from the Elwha River.
                            ``(ii) Actions included.--The actions that 
                        the Secretary shall take under clause (i) 
                        include--
                                    ``(I) the design, construction, 
                                operation, and maintenance of new or 
                                improved water treatment or storage 
                                facilities; and
                                    ``(II) the mitigation of any injury 
                                to fisheries and remediation of any 
                                degradation in water quality that may 
                                result from the removal of or any other 
                                change in the water flow from the Elwha 
                                dam.
                            ``(iii) Payment of costs.--The cost of each 
                        action taken under clause (i) shall, subject to 
                        the availability of appropriations, be borne by 
                        the Secretary.
            ``(2) Evaluation of effect of removal.--During the removal 
        phase of the Elwha dam, the Secretary shall make a thorough 
        evaluation of the impact of removal of the dam on fish runs.
            ``(3) Compensation for lost revenue.--After the acquisition 
        of the Projects, the Secretary shall pay the Clallam County 
        Board of Commissioners $150,000 per year for a period of 12 
        years, subject to the availability of annual appropriations for 
        that purpose, for the purpose of recovering lost revenue under 
        the condition that the county dedicate at least 50 percent of 
        each payment to studying the river system before, during, and 
        after dam removal.
    ``(d) Glines Project.--
            ``(1) In general.--As soon as practicable after sums are 
        appropriated for the purpose, the Secretary shall acquire the 
        Glines Project.
            ``(2) Operation of the glines project.--
                    ``(A) In general.--The Secretary shall continue 
                operation of the Glines Canyon dam after the Elwha dam 
                has been removed, subject to the availability of funds 
                for that purpose.
                    ``(B) Removal.--The Secretary may, subject to the 
                availability of appropriations, remove the Glines 
                Canyon Project, after completion of the removal of the 
                Elwha Project and all fisheries studies entailed in 
                this Act, if he determines that the benefit to 
                fisheries and restoration of the natural state of the 
                river exceeds the value of power and the desirability 
                of the lake by a margin that is sufficient to warrant 
                the expenditure of the removal cost.
                    ``(C) Engineering and design study.--As soon as 
                practicable after the date of enactment of this 
                paragraph, the Secretary shall--
                            ``(i) complete an engineering and design 
                        study to determine the most cost-effective 
                        manner in which transmission lines and 
                        operational controls can be reconfigured to 
                        permit operation of the Glines Canyon dam.
                            ``(ii) evaluate the impact that managing 
                        the Glines Canyon Project for fisheries 
                        restoration will have on future hydropower 
                        operations.
            ``(3) Fisheries restoration enhancement efforts.--
                    ``(A) In general.--To the extent practicable, the 
                Secretary shall develop and implement a comprehensive 
                fish enhancement plan with the Elwha Citizens 
                Commission, the Lower Elwha Klallam Tribe, the National 
                Marine Fisheries Service, the Washington Department of 
                Fish and Wildlife, and other persons and entities 
                directly affected by management decisions on the Elwha 
                River.
                    ``(B) Limitation.--The comprehensive fish 
                enhancement plan shall not compromise or preempt 
                commitments for power generation on the river in effect 
                on the date of enactment of this paragraph.''.
    (b) Conforming Amendments.--The Elwha River Ecosystem and Fisheries 
Restoration Act (106 Stat. 3173) is amended--
            (1) in section 4--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Effective'' and all that follows 
                        through ``implement'' and inserting ``Effective 
                        60 days after the date of conveyance of the 
                        Projects, the Secretary shall, subject to the 
                        availability of appropriated funds, take such 
                        actions as are necessary to implement''; and
                            (ii) in paragraph (1), by striking 
                        ``referred to in section 3(c)(2) for the 
                        removal of the dams and full;'' and inserting 
                        ``for the removal of the Elwha dam and;'' and
                    (B) in the first sentence of subsection (b), by 
                striking ``referred to in section 3(c)(2)'';
            (2) in section 5(a), by striking ``as provided in section 
        3(e)'';
            (3) in section 6--
                    (A) in the first sentence of subsection (a), by 
                striking ``makes the determination to remove the dams 
                and''; and
                    (B) in the first sentence of subsection (b)(1)--
                            (i) by striking ``makes the determination 
                        to remove the dams and''; and
                            (ii) by inserting ``of the Elwha Project'' 
                        after ``removal''; and
            (4) in section 7(a)--
                    (A) by striking ``makes the determination to remove 
                the dams and''; and
                    (B) by inserting ``of the Elwha Project'' after 
                ``removal''.

             TITLE V--LAND BETWEEN THE LAKES PROTECTION ACT

SEC. 501. SHORT TITLE.

    This title may be referred to as ``The Land Between the Lakes 
Protection Act of 1998''.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Advisory board.--The term ``Advisory Board'' means the 
        Land Between the Lakes Advisory Board established under section 
        522.
            (3) Chairman.--The term ``Chairman'' means the Chairman of 
        the Board of Directors of the Tennessee Valley Authority.
            (4) Eligible employee.--The term ``eligible employee'' 
        means a person that was, on the date of enactment of this Act, 
        a full-time employee of the Tennessee Valley Authority at the 
        Recreation Area.
            (5) Environmental law.--
                    (A) In general.--The term ``environmental law'' 
                means all applicable Federal, State, and local laws 
                (including regulations) and requirements related to 
                protection of human health, natural and cultural 
                resources, or the environment.
                    (B) Inclusions.--The term ``environmental law'' 
                includes--
                            (i) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.);
                            (ii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            (iii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            (iv) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.);
                            (v) the Federal Insecticide, Fungicide, and 
                        Rodenticide Act (7 U.S.C. 136 et seq.);
                            (vi) the Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.);
                            (vii) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            (viii) the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.); and
                            (ix) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.).
            (6) Forest highway.--The term ``forest highway'' has the 
        meaning given the term in section 101(a) of title 23, United 
        States Code.
            (7) Governmental unit.--The term ``governmental unit'' 
        means an agency of the Federal Government or a State or local 
        government, local governmental unit, public or municipal 
        corporation, or unit of a State university system.
            (8) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given the term in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (9) Person.--The term ``person'' has the meaning given the 
        term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (10) Pollutant or contaminant.--The term ``pollutant or 
        contaminant'' has the meaning given the term in section 101 of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (11) Recreation area.--The term ``Recreation Area'' means 
        the Land Between the Lakes National Recreation Area.
            (12) Release.--The term ``release'' has the meaning given 
        the term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (13) Response action.--The term ``response action'' has the 
        meaning given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (15) State.--The term ``State'' means the State of Kentucky 
        and the State of Tennessee.

SEC. 503. PURPOSES.

    The purposes of this title are--
            (1) to transfer without consideration administrative 
        jurisdiction over the Recreation Area from the Tennessee Valley 
        Authority to the Secretary so that the Recreation Area may be 
        managed as a unit of the National Forest System;
            (2) to protect and manage the resources of the Recreation 
        Area for optimum yield of outdoor recreation and environmental 
        education through multiple use management by the Forest 
        Service;
            (3) to authorize, research, test, and demonstrate 
        innovative programs and cost-effective management of the 
        Recreation Area;
            (4) to authorize the Secretary to cooperate between and 
        among the States, Federal agencies, private organizations, and 
        corporations, and individuals, as appropriate, in the 
        management of the Recreation Area and to help stimulate the 
        development of the surrounding region and extend the beneficial 
        results as widely as practicable; and
            (5) to provide for the smooth and equitable transfer of 
        jurisdiction from the Tennessee Valley Authority to the 
        Secretary.

      Subtitle A--Establishment, Administration, and Jurisdiction

SEC. 511. ESTABLISHMENT.

    (a) In General.--On the transfer of administrative jurisdiction 
under section 541, the Land Between the Lakes National Recreation Area 
in the States of Kentucky and Tennessee is established as a unit of the 
National Forest System.
    (b) Management.--
            (1) In general.--The Secretary shall manage the Recreation 
        Area for multiple use as a unit of the National Forest System.
            (2) Emphases.--The emphases in the management of the 
        Recreation Area shall be--
                    (A) to provide public recreational opportunities;
                    (B) to conserve fish and wildlife and their 
                habitat; and
                    (C) to provide for diversity of native and 
                desirable non-native plants, animals, opportunities for 
                hunting and fishing, and environmental education.
            (3) Status of unit.--The Secretary may administer the 
        Recreation Area as a separate unit of the National Forest 
        System or in conjunction with an existing national forest.
    (c) Area Included.--
            (1) In general.--The Recreation Area shall comprise the 
        federally owned land, water, and interests in the land and 
        water lying between Kentucky Lake and Lake Barkley in the 
        States of Kentucky and Tennessee, as generally depicted on the 
        map entitled ``Land Between the Lakes National Recreation 
        Area--January, 1998''.
            (2) Map.--The map described in paragraph (1) shall be 
        available for public inspection in the Office of the Chief of 
        the Forest Service, Washington, D.C.
    (d) Waters.--
            (1) Water levels and navigation.--Nothing in this title 
        affects the jurisdiction of the Tennessee Valley Authority or 
        the Army Corps of Engineers to manage and regulate water levels 
        and navigation of Kentucky Lake and Lake Barkley and areas 
        subject to flood easements.
            (2) Occupancy and use.--Subject to the jurisdiction of the 
        Tennessee Valley Authority and the Army Corps of Engineers, the 
        Secretary shall have jurisdiction to regulate the occupancy and 
        use of the surface waters of the lakes for recreational 
        purposes.

SEC. 512. CIVIL AND CRIMINAL JURISDICTION.

    (a) Administration.--The Secretary, acting through the Chief of the 
Forest Service, shall administer the Recreation Area in accordance with 
this title and the laws, rules, and regulations pertaining to the 
National Forest System.
    (b) Status.--Land within the Recreation Area shall have the status 
of land acquired under the Act of March 1, 1911 (commonly known as the 
``Weeks Act'') (16 U.S.C. 515 et seq.).

SEC. 513. PAYMENTS TO STATES AND COUNTIES.

    (a) Payments in Lieu of Taxes.--Land within the Recreation Area 
shall be subject to the provisions for payments in lieu of taxes under 
chapter 69 of title 31, United States Code.
    (b) Distribution.--All amounts received from charges, use fees, and 
natural resource utilization, including timber and agricultural 
receipts, shall not be subject to distribution to States under the Act 
of May 23, 1908 (16 U.S.C. 500).
    (c) Payments by the Tennessee Valley Authority.--After the transfer 
of administrative jurisdiction is made under section 541--
            (1) the Tennessee Valley Authority shall continue to 
        calculate the amount of payments to be made to States and 
        counties under section 13 of the Tennessee Valley Authority Act 
        of 1933 (16 U.S.C. 831l); and
            (2) each State (including, for the purposes of this 
        subsection, the State of Kentucky, the State of Tennessee, and 
        any other State) that receives a payment under that section 
        shall continue to calculate the amounts to be distributed to 
        the State and local governments, as though the transfer had not 
        been made.

SEC. 514. FOREST HIGHWAYS.

    (a) In General.--For purposes of section 204 of title 23, United 
States Code, the road known as ``The Trace'' and every other paved road 
within the Recreation Area (including any road constructed to secondary 
standards) shall be considered to be a forest highway.
    (b) State Responsibility.--
            (1) In general.--The States shall be responsible for the 
        maintenance of forest highways within the Recreation Area.
            (2) Reimbursement.--To the maximum extent provided by law, 
        from funds appropriated to the Department of Transportation and 
        available for purposes of highway construction and maintenance, 
        the Secretary of Transportation shall reimburse the States for 
        all or a portion of the costs of maintenance of forest highways 
        in the Recreation Area.

                   Subtitle B--Management Provisions

SEC. 521. LAND AND RESOURCE MANAGEMENT PLAN.

    (a) In General.--As soon as practicable after the effective date of 
the transfer of jurisdiction under section 541, the Secretary shall 
prepare a land and resource management plan for the Recreation Area in 
conformity with the National Forest Management Act of 1976 (16 U.S.C. 
472a et seq.) and other applicable law.
    (b) Interim Provision.--Until adoption of the land and resource 
management plan, the Secretary may use, as appropriate, the existing 
Tennessee Valley Authority management plan to provide interim 
management direction. Use of all or a portion of the management plan by 
the Secretary shall not be considered to be a major Federal action 
significantly affecting the quality of the human environment.

SEC. 522. ADVISORY BOARD.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish the Land Between 
the Lakes Advisory Board.
    (b) Membership.--The Advisory Board shall be composed of 17 
members, of whom--
            (1) 4 individuals shall be appointed by the Secretary, 
        including--
                    (A) 2 residents of the State of Kentucky; and
                    (B) 2 residents of the State of Tennessee;
            (2) 2 individuals shall appointed by the Kentucky Fish and 
        Wildlife Commissioner or designee;
            (3) 1 individual shall be appointed by the Tennessee Fish 
        and Wildlife Commission or designee;
            (4) 2 individuals shall be appointed by the Governor of the 
        State of Tennessee;
            (5) 2 individuals shall be appointed by the Governor of the 
        State of Kentucky; and
            (6) 2 individuals shall be appointed by appropriate 
        officials of each of the 3 counties containing the Recreation 
        Area.
    (c) Term.--
            (1) In general.--The term of a member of the Advisory Board 
        shall be 5 years.
            (2) Succession.--Members of the Advisory Board may not 
        succeed themselves.
    (d) Chairperson.--The Regional Forester shall serve as chairperson 
of the Advisory Board.
    (e) Rules of Procedure.--The Secretary shall prescribe the rules of 
procedure for the Advisory Board.
    (f) Functions.--The Advisory Board may advise the Secretary on--
            (1) means of promoting public participation for the land 
        and resource management plan for the Recreation Area; and
            (2) environmental education.
    (g) Meetings.--
            (1) Frequency.--The Advisory Board shall meet at least 
        biannually.
            (2) Public meeting.--A meeting of the Advisory Board shall 
        be open to the general public.
            (3) Notice of meetings.--The chairperson, through the 
        placement of notices in local news media and by other 
        appropriate means shall give 2 weeks' public notice of each 
        meeting of the Advisory Board.
    (h) No Termination.--Section 14(a)(2) of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.

SEC. 523. FEES.

    (a) Authority.--The Secretary may charge reasonable fees for 
admission to and the use of the designated sites, or for activities, 
within the Recreation Area.
    (b) Factors.--In determining whether to charge fees, the Secretary 
may consider the costs of collection weighed against potential income.
    (c) Limitation.--No general entrance fees shall be charged within 
the Recreation Area.

SEC. 524. DISPOSITION OF RECEIPTS.

    (a) In General.--All amounts received from charges, use fees, and 
natural resource utilization, including timber and agricultural 
receipts, shall be deposited in a special fund in the Treasury of the 
United States to be known as the ``Land Between the Lakes Management 
Fund''.
    (b) Use.--Amounts in the Fund shall be available to the Secretary 
until expended, without further Act of appropriation, for the 
management of the Recreation Area, including payment of salaries and 
expenses.

SEC. 525. SPECIAL USE AUTHORIZATIONS.

    (a) In General.--In addition to other authorities for the 
authorization of special uses within the National Forest System, within 
the Recreation Area, the Secretary may, on such terms and conditions as 
the Secretary may prescribe--
            (1) convey for no consideration perpetual easements to 
        governmental units for public roads over United States Route 68 
        and the Trace, and such other rights-of-way as the Secretary 
        and a governmental unit may agree;
            (2) transfer or lease to governmental units developed 
        recreation sites or other facilities to be managed for public 
        purposes; and
            (3) lease or authorize recreational sites or other 
        facilities, consistent with sections 503(2) and 511(b)(2), to 
        for-profit and not-for-profit corporations and organizations 
        for renewable periods not to exceed 30 years.
    (b) Consideration.--
            (1) In general.--Consideration for a lease or other special 
        use authorization within the Recreation Area shall be based on 
        fair market value.
            (2) Reduction or waiver.--The Secretary may reduce or waive 
        a fee to a governmental unit or nonprofit organization 
        commensurate with other consideration provided to the United 
        States, as determined by the Secretary.
    (c) Procedure.--The Secretary may use any fair and equitable method 
for authorizing special uses within the Recreation Area, including 
public solicitation of proposals.
    (d) Existing Authorizations.--
            (1) In general.--A permit or other authorization granted by 
        the Tennessee Valley Authority that is in effect on the date of 
        enactment of this Act may continue on transfer of 
        administration of the Recreation Area to the Secretary.
            (2) Reissuance.--A permit or authorization described in 
        paragraph (1) may be reissued on termination under terms and 
        conditions prescribed by the Secretary.
            (3) Exercise of rights.--The Secretary may exercise any of 
        the rights of the Tennessee Valley Authority contained in any 
        permit or other authorization, including any right to amend, 
        modify, and revoke the permit or authorization.

SEC. 526. COOPERATIVE AUTHORITIES AND GIFTS.

    (a) Fish and Wildlife Service.--
            (1) Management.--
                    (A) In general.--Subject to such terms and 
                conditions as the Secretary may prescribe, the 
                Secretary may issue a special use authorization to the 
                United States Fish and Wildlife Service for the 
                management by the Service of facilities and land agreed 
                on by the Secretary and the Secretary of the Interior.
                    (B) Fees.--
                            (i) In general.--Reasonable admission and 
                        use fees may be charged for all areas 
                        administered by the United States Fish and 
                        Wildlife Service.
                            (ii) Deposit.--The fees shall be deposited 
                        in accordance with section 524.
            (2) Cooperation.--The Secretary and the Secretary of the 
        Interior may cooperate or act jointly on activities such as 
        population monitoring and inventory of fish and wildlife with 
        emphasis on migratory birds and endangered and threatened 
        species, environmental education, visitor services, 
        conservation demonstration projects and scientific research.
            (3) Subordination of fish and wildlife activities to 
        overall management.--The management and use of areas and 
        facilities under permit to the United States Fish and Wildlife 
        Service as authorized pursuant to this section shall be 
        subordinate to the overall management of the Recreation Area as 
        directed by the Secretary.
    (b) Authorities.--For the management, maintenance, operation, and 
interpretation of the Recreation Area and its facilities, the Secretary 
may--
            (1) make grants and enter into contracts and cooperative 
        agreements with Federal agencies, governmental units, nonprofit 
        organizations, corporations, and individuals; and
            (2) accept gifts under Public Law 95-442 (7 U.S.C. 2269) 
        notwithstanding that the donor conducts business with any 
        agency of the Department of Agriculture or is regulated by the 
        Secretary of Agriculture.

SEC. 527. DESIGNATION OF NATIONAL RECREATION TRAIL.

    Effective on the date of enactment of this Act, the North-South 
Trail is designated as a national recreation trail under section 4 of 
the National Trails System Act (16 U.S.C. 1243).

SEC. 528. CEMETERIES.

    The Secretary shall maintain an inventory of and ensure access to 
all cemeteries within the Recreation Area for purposes of burial, 
visitation, and maintenance.

SEC. 529. RESOURCE MANAGEMENT.

    (a) Minerals.--
            (1) Withdrawal.--The land within the Recreation Area is 
        withdrawn from the operation of the mining and mineral leasing 
        laws of the United States.
            (2) Use of mineral materials.--The Secretary may permit the 
        use of common varieties of mineral materials for the 
        development and maintenance of the Recreation Area.
    (b) Hunting and Fishing.--
            (1) In general.--The Secretary shall permit hunting and 
        fishing on land and water under the jurisdiction of the 
        Secretary within the boundaries of the Recreation Area in 
        accordance with applicable laws of the United States and of 
        each State, respectively.
            (2) Prohibition.--
                    (A) In general.--The Secretary may designate areas 
                where, and establish periods when, hunting or fishing 
                is prohibited for reasons of public safety, 
                administration, or public use and enjoyment.
                    (B) Consultation.--Except in emergencies, a 
                prohibition under subparagraph (A) shall become 
                effective only after consultation with the appropriate 
                fish and game departments of the States.
            (3) Fish and wildlife.--Nothing in this title affects the 
        jurisdiction or responsibilities of the States with respect to 
        wildlife and fish on national forests.

SEC. 530. DAMS AND IMPOUNDMENTS.

    (a) In General.--The Tennessee Valley Authority and the Army Corps 
of Engineers, as appropriate, shall be responsible for the maintenance 
of all dams, dikes, causeways, impoundments, subimpoundments, and other 
water resources facilities, including appurtenant roads and boat ramps, 
existing within the Recreation Area on the date of enactment of this 
Act.
    (b) Removal.--A facility described in subsection (a) may be removed 
and the associated land and water area restored to a natural condition 
only with the approval of the Secretary.

SEC. 531. TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a special interest-bearing fund known as the ``Land 
Between the Lakes Trust Fund''.
    (b) Availability.--Amounts in the Fund shall be available to the 
Secretary, until expended, for--
            (1) public education, grants, and internships related to 
        recreation, conservation, and multiple use land management in 
        the Recreation Area; and
            (2) regional promotion in the Recreation Area, in 
        cooperation with development districts, chambers of commerce, 
        and State and local governments.
    (c) Deposits.--Notwithstanding section 11, 14, 15, or 29 or any 
other provision of the Tennessee Valley Authority Act of 1933 (16 
U.S.C. 831 et seq.) and notwithstanding the provisions of the covenants 
contained in any power bonds issued by the Tennessee Valley Authority, 
from revenues available to the Tennessee Valley Authority from any 
source, including power proceeds, the Tennessee Valley Authority shall 
deposit into the Fund $1,000,000 annually for each of 5 fiscal years 
commencing in fiscal year 2000.

SEC. 532. ELECTRICITY.

    The Tennessee Valley Authority shall compensate distributors in 
providing the Secretary, at no charge, continued electrical service, 
including maintenance of all lines, poles, and other facilities 
necessary for the distribution and use of electric power.

                    Subtitle C--Transfer Provisions

SEC. 541. EFFECTIVE DATE OF TRANSFER.

    Effective on October 1 of the first fiscal year for which Congress 
does not appropriate to the Tennessee Valley Authority at least 
$6,000,000 for the Recreation Area, administrative jurisdiction over 
the Recreation Area is transferred from the Tennessee Valley Authority 
to the Secretary.

SEC. 542. STATEMENT OF POLICY.

    It is the policy of the United States that, to the maximum extent 
practicable--
            (1) the transfer of jurisdiction over the Recreation Area 
        from the Tennessee Valley Authority to the Secretary should be 
        effected in an efficient and cost-effective manner; and
            (2) due consideration should be given to minimizing--
                    (A) disruption of the personal lives of the 
                Tennessee Valley Authority and Forest Service 
                employees; and
                    (B) adverse impacts on permittees, contractees, and 
                others owning or operating businesses affected by the 
                transfer.

SEC. 543. MEMORANDUM OF AGREEMENT.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary and the Tennessee Valley Authority shall 
enter into a memorandum of agreement concerning implementation of this 
title.
    (b) Provisions.--The memorandum of understanding shall provide 
procedures for--
            (1) the orderly withdrawal of officers and employees of the 
        Tennessee Valley Authority;
            (2) the transfer of property, fixtures, and facilities;
            (3) the interagency transfer of officers and employees;
            (4) the transfer of records; and
            (5) other transfer issues.
    (c) Transition Team.--
            (1) In general.--The memorandum of understanding may 
        provide for a transition team consisting of the Tennessee 
        Valley Authority and Forest Service employees.
            (2) Duration.--The team may continue in existence after the 
        date of transfer.
            (3) Personnel costs.--The Tennessee Valley Authority and 
        the Forest Service shall pay personnel costs of their 
        respective team members.

SEC. 544. RECORDS.

    (a) Recreation Area Records.--The Secretary shall have access to 
all records of the Tennessee Valley Authority pertaining to the 
management of the Recreation Area.
    (b) Personnel Records.--The Tennessee Valley Authority personnel 
records shall be made available to the Secretary, on request, to the 
extent the records are relevant to Forest Service administration.
    (c) Confidentiality.--The Tennessee Valley Authority may prescribe 
terms and conditions on the availability of records to protect the 
confidentiality of private or proprietary information.
    (d) Land Title Records.--The Tennessee Valley Authority shall 
provide to the Secretary original records pertaining to land titles, 
surveys, and other records pertaining to transferred personal property 
and facilities.

SEC. 545. TRANSFER OF PERSONAL PROPERTY.

    (a) Subject Property.--
            (1) Inventory.--Not later than 60 days after the date of 
        enactment of this Act, the Tennessee Valley Authority shall 
        provide the Secretary with an inventory of all property and 
        facilities at the Recreation Area.
            (2) Availability for transfer.--
                    (A) In general.--All Tennessee Valley Authority 
                property associated with the administration of the 
                Recreation Area as of April 1, 1998, including any 
                property purchased with Federal funds appropriated for 
                the management of the Tennessee Valley Authority land, 
                shall be available for transfer to the Secretary.
                    (B) Property included.--Property under subparagraph 
                (A) includes buildings, office furniture and supplies, 
                computers, office equipment, buildings, vehicles, 
                tools, equipment, maintenance supplies, boats, engines, 
                and publications.
            (3) Exclusion of property.--At the request of the 
        authorized representative of the Tennessee Valley Authority, 
        the Secretary may exclude movable property from transfer based 
        on a showing by the Tennessee Valley Authority that the 
        property is vital to the mission of the Tennessee Valley 
        Authority and cannot be replaced in a cost-effective manner, if 
        the Secretary determines that the property is not needed for 
        management of the Recreation Area.
    (b) Designation.--Pursuant to such procedures as may be prescribed 
in the memorandum of agreement entered into under section 543, the 
Secretary shall identify and designate, in writing, all Tennessee 
Valley Authority property to be transferred to the Secretary.
    (c) Facilitation of Transfer.--The Tennessee Valley Authority 
shall, to the maximum extent practicable, use existing appropriated and 
unappropriated funds and current personnel to facilitate the transfer 
of necessary property and facilities to the Secretary, including 
replacement of signs and insignia, repainting of vehicles, printing of 
public information, and training of new personnel.
    (d) Surplus Property.--
            (1) Disposition.--Any personal property, including 
        structures and facilities, that the Secretary determines cannot 
        be efficiently managed and maintained either by the Forest 
        Service or by lease or permit to other persons may be declared 
        excess by the Secretary and--
                    (A) sold by the Secretary on such terms and 
                conditions as the Secretary may prescribe to achieve 
                the maximum benefit to the Federal Government; or
                    (B) disposed of under the Federal Property and 
                Administrative Services Act of 1949 (40 U.S.C. 471 et 
                seq.).
            (2) Deposit of proceeds.--All net proceeds from the 
        disposal of any property shall be deposited into the Fund 
        established by section 531.

SEC. 546. COMPLIANCE WITH ENVIRONMENTAL LAWS.

    (a) Documentation of Existing Conditions.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Chairman and the Administrator shall 
        provide the Secretary all documentation and information that 
        exists on the environmental condition of the land and waters 
        comprising the Recreation Area property.
            (2) Additional documentation.--The Chairman and the 
        Administrator shall provide the Secretary with any additional 
        documentation and information regarding the environmental 
        condition of the Recreation Area property as such documentation 
        and information becomes available.
    (b) Action Required.--
            (1) Assessment.--Not later than 120 days after the date of 
        enactment of this Act, the Chairman shall provide to the 
        Secretary an assessment indicating what action, if any, is 
        required under any environmental law on Recreation Area 
        property.
            (2) Memorandum of understanding.--If the assessment 
        concludes action is required under any environmental law with 
        respect to any portion of the Recreation Area property, the 
        Secretary and the Chairman shall enter into a memorandum of 
        understanding that--
                    (A) provides for the performance by the Chairman of 
                the required actions identified in the assessment; and
                    (B) includes a schedule providing for the prompt 
                completion of the required actions to the satisfaction 
                of the Secretary.
    (c) Documentation Demonstrating Action.--On the transfer of 
jurisdiction over the Recreation Area from the Tennessee Valley 
Authority to the Secretary, the Chairman shall provide the Secretary 
with documentation demonstrating that all actions required under any 
environmental law have been taken, including all response actions under 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.) that are necessary to protect 
human health and the environment with respect to any hazardous 
substance, pollutant, contaminant, hazardous waste, hazardous material, 
or petroleum product or derivative of a petroleum product on Recreation 
Area property.
    (d) Continuation of Responsibilities and Liabilities.--
            (1) In general.--The transfer of the Recreation Area 
        property under this title, and the requirements of this 
        section, shall not in any way affect the responsibilities and 
        liabilities of the Tennessee Valley Authority at the Recreation 
        Area under the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.) or any other environmental law.
            (2) Access.--After transfer of the Recreation Area 
        property, the Chairman shall be accorded any access to the 
        property that may be reasonably required to carry out the 
        responsibility or satisfy the liability referred to in 
        paragraph (1).
            (3) No liability.--The Secretary shall not be liable under 
        any environmental law for matters that are related directly or 
        indirectly to present or past activities of the Tennessee 
        Valley Authority on the Recreation Area property, including 
        liability for--
                    (A) costs or performance of response actions 
                required under the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.) at or related to the Recreation 
                Area; or
                    (B) costs, penalties, fines, or performance of 
                actions related to noncompliance with any environmental 
                law at or related to the Recreation Area or related to 
                the presence, release, or threat of release of any 
                hazardous substance, pollutant, or contaminant, 
                hazardous waste, hazardous material, or petroleum 
                product or derivative of a petroleum product of any 
                kind at or related to the Recreation Area, including 
                contamination resulting from migration.
            (4) No effect on responsibilities or liabilities.--Except 
        as provided in paragraph (3), nothing in this title affects, 
        modifies, amends, repeals, alters, limits or otherwise changes, 
        directly or indirectly, the responsibilities or liabilities 
        under any environmental law of any person with respect to the 
        Secretary.
    (e) Other Federal Agencies.--Subject to the other provisions of 
this section, a Federal agency that carried or carries out operations 
at the Recreation Area resulting in the release or threatened release 
of a hazardous substance, pollutant, or contaminant, hazardous waste, 
hazardous material, or petroleum product or derivative of a petroleum 
product for which that agency would be liable under any environmental 
law shall pay the costs of related response actions and shall pay the 
costs of related actions to remediate petroleum products or their 
derivatives.

SEC. 547. PERSONNEL.

    (a) In General.--
            (1) Hiring.--Notwithstanding section 3503 of title 5, 
        United States Code, and subject to paragraph (2), the Secretary 
        may--
                    (A) appoint, hire, and discharge officers and 
                employees to administer the Recreation Area; and
                    (B) pay the officers and employees at levels that 
                are commensurate with levels at other units of the 
                National Forest System.
            (2) Interim retention of eligible employees.--
                    (A) In general.--For a period of not less than 5 
                months after the effective date of transfer to the 
                Forest Service--
                            (i) all eligible employees shall be 
                        retained in the employment of the Tennessee 
                        Valley Authority;
                            (ii) those eligible employees shall be 
                        considered to be placed on detail to the 
                        Secretary and shall be subject to the direction 
                        of the Secretary; and
                            (iii) the Secretary shall reimburse the 
                        Tennessee Valley Authority for the amount of 
                        the basic pay and all other compensation of 
                        those eligible employees.
                    (B) Law enforcement.--During the transition period 
                specified under subparagraph (A), law enforcement 
                officers of the Tennessee Valley Authority police shall 
                retain the duties and powers provided under section 4A 
                of the Tennessee Valley Authority Act of 1933 (16 
                U.S.C. 831c-3).
                    (C) Notice to employees.--The Secretary shall 
                provide eligible employees a written notice of not less 
                than 30 days before termination.
                    (D) Termination for cause.--Subparagraph (A) does 
                not preclude a termination for cause during the 5-month 
                period.
    (b) Applications for Transfer and Appointment.--An eligible 
employee shall have the right to apply for employment by the Secretary 
under procedures for transfer and appointment of Federal employees 
outside the Department of Agriculture.
    (c) Hiring by the Secretary.--
            (1) In general.--Subject to subsection (b), in filling 
        personnel positions within the Recreation Area, the Secretary 
        shall follow all laws (including regulations) and policies 
        applicable to the Department of Agriculture.
            (2) Notification and hiring.--Notwithstanding paragraph 
        (1), the Secretary--
                    (A) shall notify all eligible employees of all 
                openings for positions with the Forest Service at the 
                Recreation Area before notifying other individuals or 
                considering applications by other individuals for the 
                positions; and
                    (B) after applications by eligible employees have 
                received consideration, if any positions remain 
                unfilled, shall notify other individuals of the 
                openings.
            (3) Noncompetitive appointments.--Notwithstanding any other 
        placement of career transition programs authorized by the 
        Office of Personnel Management of the United States Department 
        of Agriculture, the Secretary may noncompetitively appoint 
        eligible employees to positions in the Recreation Area.
            (4) Period of service.--Except to the extent that an 
        eligible employee that is appointed by the Secretary may be 
        otherwise compensated for the period of service as an employee 
        of the Tennessee Valley Authority, that period of service shall 
        be treated as a period of service as an employee of the 
        Secretary for the purposes of probation, career tenure, time-
        in-grade, and leave.
    (d) Transfer to Positions in Other Units of the Tennessee Valley 
Authority.--The Tennessee Valley Authority--
            (1) shall notify all eligible employees of all openings for 
        positions in other units of the Tennessee Valley Authority 
        before notifying other individuals or considering applications 
        by other individuals for the positions; and
            (2) after applications by eligible employees have received 
        consideration, if any positions remain unfilled, shall notify 
        other individuals of the openings.
    (e) Employee Benefit Transition.--
            (1) Memorandum of understanding.--
                    (A) In general.--The Secretary and the heads of the 
                Office of Personnel Management and the Tennessee Valley 
                Authority Retirement System shall enter into a 
                memorandum of understanding providing for the 
                transition for all eligible employees of compensation 
                made available through the Tennessee Valley Authority 
                Retirement System.
                    (B) Employee participation.--In deciding on the 
                terms of the memorandum of understanding, the Secretary 
                and the heads of the Office of Personnel Management and 
                the Tennessee Valley Authority Retirement System shall 
                meet and consult with and give full consideration to 
                the views of employees and representatives of the 
                employees of the Tennessee Valley Authority.
            (2) Eligible employees that are transferred to other units 
        of tva.--An eligible employee that is transferred to another 
        unit of the Tennessee Valley Authority shall experience no 
        interruption in coverage for or reduction of any retirement, 
        health, leave, or other employee benefit.
            (3) Eligible employees that are hired by the secretary.--
                    (A) Level of benefits.--The Secretary shall provide 
                to an eligible employee that is hired by the Forest 
                Service a level of retirement and health benefits that 
                is equivalent to the level to which the eligible 
                employee would have been entitled if the eligible 
                employee had remained an employee of the Tennessee 
                Valley Authority.
                    (B) Transfer of retirement benefits.--
                            (i) In general.--All retirement benefits 
                        accrued by an eligible employee that is hired 
                        by the Forest Service shall be transferred into 
                        the Federal Retirement System of the Forest 
                        Service.
                            (ii) Funding shortfall.--
                                    (I) In general.--For all eligible 
                                employees that are not part of the 
                                Civil Service Retirement System, the 
                                Tennessee Valley Authority shall meet 
                                any funding shortfall resulting from 
                                the transfer of retirement benefits.
                                    (II) Notification.--The Secretary 
                                shall notify the Tennessee Valley 
                                Authority Board of the cost associated 
                                with the transfer of retirement 
                                benefits.
                                    (III) Payment.--Not later than 60 
                                days after notification under subclause 
                                (II), the Tennessee Valley Authority, 
                                using nonappropriated funds, shall 
                                fully compensate the Secretary for the 
                                costs associated with the transfer of 
                                retirement benefits.
                                    (IV) No interruption.--An eligible 
                                employee that is hired by the Forest 
                                Service and is eligible for Civil 
                                Service Retirement shall not experience 
                                any interruption in retirement 
                                benefits.
                    (B) No interruption.--An eligible employee that is 
                hired by the Secretary--
                            (i) shall experience no interruption in 
                        coverage for any health, leave, or other 
                        employee benefit; and
                            (ii) shall be entitled to carry over any 
                        leave time accumulated during employment by the 
                        Tennessee Valley Authority.
                    (C) Period of service.--Notwithstanding section 
                8411(b)(3) of title 5, United States Code, except to 
                the extent that an eligible employee may be otherwise 
                compensated (including the provision of retirement 
                benefits in accordance with the memorandum of 
                understanding) for the period of service as an employee 
                of the Tennessee Valley Authority, that period of 
                service shall be treated as a period of service as an 
                employee of the Secretary for all purposes relating to 
                the Federal employment of the eligible employee.
            (4) Eligible employees that are discharged not for cause.--
                    (A) Level of benefits.--The parties to the 
                memorandum of understanding shall have authority to 
                deem any applicable requirement to be met, to make 
                payments to an employee, or take any other action 
                necessary to provide to an eligible employee that is 
                discharged as being excess to the needs of the 
                Tennessee Valley Authority or the Secretary and not for 
                cause and that does not accept an offer of employment 
                from the Secretary, an optimum level of retirement and 
                health benefits that is equivalent to the level that 
                has been afforded employees discharged in previous 
                reductions in force by the Tennessee Valley Authority.
                    (B) Shortfall.--If the board of directors of the 
                Tennessee Valley Authority Retirement System determines 
                that the cost of providing the benefits described in 
                subparagraph (A) would have a negative impact on the 
                overall retirement system, the Tennessee Valley 
                Authority shall be required to meet any funding 
                shortfalls using nonappropriated funds.
                    (C) Notwithstanding section 11, 14, 15, or 29 or 
                any other provision of the Tennessee Valley Authority 
                Act of 1933 (16 U.S.C. 831 et seq.) and notwithstanding 
                the provisions of the covenants contained in any power 
                bonds issued by the Tennessee Valley Authority, the 
                Tennessee Valley Authority may use the proceeds of 
                power sales for the purpose of funding any costs or 
                obligations described in (e)(3)(B) or (e)(4)(B) of this 
                Section.

SEC. 548. LIMITATION ON TRANSFER COSTS.

    From all available balances and nonpower proceeds, the Tennessee 
Valley Authority shall not expend more than $350,000 for any costs 
associated with the transfer under this subtitle (not including costs 
incurred by application of Section 547).

                          Subtitle D--Funding

SEC. 551. TENNESSEE VALLEY AUTHORITY TRANSITIONAL FUNDING.

    (a) Availability to the Secretary.--
            (1) In general.--After the effective date of transfer of 
        jurisdiction of the Recreation Area from the Tennessee Valley 
        Authority to the Secretary, all available balances and non-
        power proceeds of the Tennessee Valley Authority in the amount 
        of $7,000,000 shall be transferred to the Secretary and shall 
        be available to the Secretary, without further Act of 
        appropriation to carry out this Act.
            (2) Interagency agreement.--Funds made available to the 
        Tennessee Valley Authority for the transition shall be made 
        available to the Secretary pursuant to an interagency 
        agreement.
    (b) Availability to the United States Fish and Wildlife Service.--
Funds appropriated to the Secretary of the Interior for purposes of the 
United States Fish and Wildlife Service shall be available to 
administer any portions of the Recreation Area that are authorized for 
administration by the Service under section 526(a).

SEC. 552. AUTHORIZATION OF APPROPRIATIONS.

    (a) Agriculture.--There are authorized to be appropriated to the 
Secretary of Agriculture such sums as are necessary to--
            (1) permit the Secretary to exercise administrative 
        jurisdiction over the Recreation Area under this title; and
            (2) administer the Recreation Area area as a unit of the 
        National Forest System.
    (b) Interior.--There are authorized to be appropriated to the 
Secretary of the Interior such sums as are necessary to carry out 
activities within the Recreation Area.
    (c) Effective Date.--The authorizations provided in this section 
shall not be in effect until October 1, 1999.

                                TITLE VI

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For marine research activities pursuant to Section 401 of Title IV 
of Public Law 105-83, $6,600,000, to be derived from the Environmental 
Improvement and Restoration Fund, and to remain available until 
expended.
    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 1999''.


                                                       Calendar No. 440

105th CONGRESS

  2d Session

                                S. 2237

                          [Report No. 105-227]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 1999, and for other 
                               purposes.

_______________________________________________________________________

                             June 26, 1998

                 Read twice and placed on the calendar