[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2466 Enrolled Bill (ENR)]
H.R.2466
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2000, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2000, 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)), $644,218,000, to
remain available until expended, of which $2,147,000 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 not to exceed $1,000,000 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 $2,500,000 shall
be available in fiscal year 2000 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 and such funds shall be advanced to the Foundation as a lump sum
grant without regard to when expenses are incurred; in addition,
$33,529,000 for Mining Law Administration program operations, including
the cost of administering the mining claim fee program; to remain
available until expended, to be reduced by amounts collected by the
Bureau and credited to this appropriation from annual mining claim fees
so as to result in a final appropriation estimated at not more than
$644,218,000, 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, and of which
$2,500,000, to remain available until expended, is for coalbed methane
Applications for Permits to Drill in the Powder River Basin: Provided,
That unless there is a written agreement in place between the coal
mining operator and a gas producer, the funds available herein shall
not be used to process or approve coalbed methane Applications for
Permits to Drill for well sites that are located within an area, which
as of the date of the coalbed methane Application for Permit to Drill,
are covered by: (1) a coal lease; (2) a coal mining permit; or (3) an
application for a coal mining lease: Provided further, 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, $292,282,000, to remain available until
expended, of which not to exceed $9,300,000 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:
Provided further, That not more than $58,000 shall be available to the
Bureau of Land Management to reimburse Trinity County for expenses
incurred as part of the July 2, 1999 Lowden Fire.
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.),
$10,000,000, 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, $11,425,000, 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), $135,000,000, 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, $15,500,000, 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;
$99,225,000, 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.
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, $716,046,000, to remain available until September 30,
2001, except as otherwise provided herein, of which $11,701,000 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 $6,232,000 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 subsection (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 of
the amount provided for environmental contaminants, up to $1,000,000
may remain available until expended for contaminant sample analyses:
Provided further, That hereafter, all fines collected by the United
States Fish and Wildlife Service for violations of the Marine Mammal
Protection Act (16 U.S.C. 1362-1407) and implementing regulations shall
be available to the Secretary, without further appropriation, to be
used for the expenses of the United States Fish and Wildlife Service in
administering activities for the protection and recovery of manatees,
polar bears, sea otters, and walruses, and shall remain available until
expended: Provided further, That, notwithstanding any other provision
of law, in fiscal year 1999 and thereafter, sums provided by private
entities for activities pursuant to reimbursable agreements shall be
credited to the ``Resource Management'' account and shall remain
available until expended: Provided further, That, heretofore and
hereafter, in carrying out work under reimbursable agreements with any
State, local, or tribal government, the United States Fish and Wildlife
Service may, without regard to 31 U.S.C. 1341 and notwithstanding any
other provision of law or regulation, record obligations against
accounts receivable from such entities, and shall credit amounts
received from such entities to this appropriation, such credit to occur
within 90 days of the date of the original request by the Service for
payment: Provided further, That all funds received by the United States
Fish and Wildlife Service from responsible parties, heretofore and
hereafter, for site-specific damages to National Wildlife Refuge System
lands resulting from the exercise of privately-owned oil and gas rights
associated with such lands in the States of Louisiana and Texas (other
than damages recoverable under the Comprehensive Environmental
Response, Compensation and Liability Act (26 U.S.C. 4611 et seq.), the
Oil Pollution Act (33 U.S.C. 1301 et seq.), or section 311 of the Clean
Water Act (33 U.S.C. 1321 et seq.)), shall be available to the
Secretary, without further appropriation and until expended to: (1)
complete damage assessments of the impacted site by the Secretary; (2)
mitigate or restore the damaged resources; and (3) monitor and study
the recovery of such damaged resources.
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; $54,583,000, to remain available until
expended: Provided, That notwithstanding any other provision of law, a
single procurement for the construction of facilities at the Alaska
Maritime National Wildlife Refuge may be issued which includes the full
scope of the project: Provided further, That the solicitation and the
contract shall contain the clauses ``availability of funds'' found at
48 CFR 52.232.18.
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, $50,513,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended,
$16,000,000, 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; 16 U.S.C. 4261-4266), and the Rhinoceros and Tiger Conservation Act
of 1994 (16 U.S.C. 5301-5306), $2,400,000, to remain available until
expended: Provided, That funds made available under this Act, Public
Law 105-277, and Public Law 105-83 for rhinoceros, tiger, and Asian
elephant conservation programs are exempt from any sanctions imposed
against any country under section 102 of the Arms Export Control Act
(22 U.S.C. 2799aa-1).
commercial salmon fishery capacity reduction
For the Federal share of a capacity reduction program to repurchase
Washington State Fraser River Sockeye commercial fishery licenses
consistent with the implementation of the ``June 30, 1999, Agreement of
the United States and Canada on the Treaty Between the Government of
the United States and the Government of Canada Concerning Pacific
Salmon, 1985'', $5,000,000, to remain available until expended, and to
be provided in the form of a grant directly to the State of Washington
Department of Fish and Wildlife.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 70
passenger motor vehicles, of which 61 are for replacement only
(including 36 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 Senate Report 105-56.
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, $1,365,059,000, of which $8,800,000 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 $8,000,000, 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, $53,899,000, of which
$2,000,000 shall be available to carry out the Urban Park and
Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), and of which
$866,000 shall be available until expended for the Oklahoma City
National Memorial Trust, notwithstanding 7(1) of Public Law 105-58:
Provided, That notwithstanding any other provision of law, the National
Park Service may hereafter recover all fees derived from providing
necessary review services associated with historic preservation tax
certification, and such funds shall be available until expended without
further appropriation for the costs of such review services: Provided
further, That no more than $150,000 may be used for overhead and
program administrative expenses for the heritage partnership program.
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), $45,212,000,
to be derived from the Historic Preservation Fund, to remain available
until September 30, 2001, of which $10,722,000 pursuant to section 507
of Public Law 104-333 shall remain available until expended: Provided,
That of the total amount provided, $30,000,000 shall be for Save
America's Treasures for priority preservation projects, including
preservation of intellectual and cultural artifacts, preservation of
historic structures and sites, and buildings to house cultural and
historic resources and to provide educational opportunities: Provided
further, That any individual Save America's Treasures grant shall be
matched by non-Federal funds: Provided further, That individual
projects shall only be eligible for one grant, and all projects to be
funded shall be approved by the House and Senate Committees on
Appropriations prior to the commitment of grant funds: Provided
further, That Save America's Treasures funds allocated for Federal
projects shall be available by transfer to appropriate accounts of
individual agencies, after approval of such projects by the Secretary
of the Interior: Provided further, That none of the funds provided for
Save America's Treasures may be used for administrative expenses, and
staffing for the program shall be available from the existing staffing
levels in the National Park Service.
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,
$224,493,000, to remain available until expended, of which $885,000
shall be for realignment of the Denali National Park entrance road, of
which not less than $2,000,000 shall be available for modifications to
the Franklin Delano Roosevelt Memorial: Provided, That $3,000,000 for
the Wheeling National Heritage Area, $3,000,000 for the Lincoln
Library, and $3,000,000 for the Southwest Pennsylvania Heritage Area
shall be derived from the Historic Preservation Fund pursuant to 16
U.S.C. 470a: Provided further, That the National Park Service will make
available 37 percent, not to exceed $1,850,000, of the total cost of
upgrading the Mariposa County, California municipal solid waste
disposal system: Provided further, That Mariposa County will provide
assurance that future use fees paid by the National Park Service will
be reflective of the capital contribution made by the National Park
Service.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2000 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
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 the statutory authority applicable
to the National Park Service, $120,700,000, to be derived from the Land
and Water Conservation Fund, to remain available until expended, of
which $21,000,000 is for the State assistance program including
$1,000,000 to administer the State assistance program, and of which
$10,000,000 may be for State grants for land acquisition in the State
of Florida: Provided, That funds provided for State grants for land
acquisition in the State of Florida are contingent upon the following:
(1) a signed, binding agreement between all principal Federal and non-
Federal partners involved in the South Florida Restoration Initiative
which provides specific volume, timing, location and duration of flow
specifications and water quality measurements which will ensure
adequate and appropriate water supply to all natural areas in southern
Florida including all National Parks, Preserves, Wildlife Refuge lands
and other areas to attain a restored ecosystem, and which will ensure
that water supply systems in the region impacted by the Central and
Southern Florida Project receive the appropriate quantity,
distribution, quality and timing of water to be delivered from the
operation of the Central and Southern Florida Project during, and
subsequent to, the implementation of the Central and Southern Florida
Project Comprehensive Review Study as set forth in section 528 of the
Water Resources Development Act of 1996; (2) the submission of detailed
legislative language to the House and Senate Committees on
Appropriations that accomplishes this goal; and (3) submission of a
complete prioritized non-Federal land acquisition project list:
Provided further, That if all principal Federal and non-Federal
partners in the South Florida Restoration Initiative do not sign the
binding agreement described in the preceding proviso within 180 days of
the date of the enactment of this Act, the funds provided herein for
State grants for land acquisition in the State of Florida may be made
available for that purpose upon the approval of both the House and
Senate Committees on Appropriations pursuant to established
reprogramming procedures: Provided further, That after the requirements
under this heading have been met, from the funds made available for
State grants for land acquisition in the State of Florida the Secretary
may provide 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, including the areas known as the Frog Pond, the
Rocky Glades and the Eight and One-Half Square Mile Area) 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
are contingent upon new matching non-Federal funds by the State and
shall be subject to an agreement that the lands to be acquired will be
managed in perpetuity for the restoration of the Everglades: Provided
further, That of the amount provided herein $2,000,000 shall be made
available by the National Park Service, pursuant to a grant agreement,
to the State of Wisconsin so that the State may acquire land or
interest in land for the Ice Age National Scenic Trail: Provided
further, That of the amount provided herein $500,000 shall be made
available by the National Park Service, pursuant to a grant agreement,
to the State of Wisconsin so that the State may acquire land or
interest in land for the North Country National Scenic Trail: Provided
further, That funds provided under this heading to the State of
Wisconsin are contingent upon matching funds by the State.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 384 passenger motor vehicles, of which
298 shall be for replacement only, including not to exceed 312 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, biology, 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; $823,833,000, of which $60,856,000 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
$137,604,000 shall be available until September 30, 2001 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 hereafter 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 students
or recent graduates, who shall be considered employees for the purposes
of chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and 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; $110,682,000, of which $84,569,000
shall be available for royalty management activities; and an amount not
to exceed $124,000,000, 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 to the extent $124,000,000 in
additions to receipts are not realized from the sources of receipts
stated above, the amount needed to reach $124,000,000 shall be credited
to this appropriation from receipts resulting from rental rates for
Outer Continental Shelf leases in effect before August 5, 1993:
Provided further, That $3,000,000 for computer acquisitions shall
remain available until September 30, 2001: 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: Provided further, That
not to exceed $198,000 shall be available to carry out the requirements
of section 215(b)(2) of the Water Resources Development Act of 1999.
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; $95,891,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2000 for
civil penalties assessed under section 518 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That appropriations
for the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $191,208,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $8,000,000, to be derived from the Federal Expenses
Share of 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 Appalachian Clean
Streams Initiative: Provided, That grants to minimum program States
will be $1,500,000 per State in fiscal year 2000: 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 under
title IV of Public Law 95-87 may be used 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, in
addition to the amount granted to the Commonwealth of Pennsylvania
under sections 402(g)(1) and 402(g)(5) of the Surface Mining Control
and Reclamation Act (Act), an additional $300,000 will be specifically
used for the purpose of conducting a demonstration project in
accordance with section 401(c)(6) of the Act to determine the efficacy
of improving water quality by removing metals from eligible waters
polluted by acid mine drainage: Provided further, That the State of
Maryland may set aside the greater of $1,000,000 or 10 percent of the
total of the grants made available to the State under title IV of the
Surface Mining Control and Reclamation Act of 1977, as amended (30
U.S.C. 1231 et seq.), if the amount set aside is deposited in an acid
mine drainage abatement and treatment fund established under a State
law, pursuant to which law the amount (together with all interest
earned on the amount) is expended by the State to undertake acid mine
drainage abatement and treatment projects, except that before any
amounts greater than 10 percent of its title IV grants are deposited in
an acid mine drainage abatement and treatment fund, the State of
Maryland must first complete all Surface Mining Control and Reclamation
Act priority one projects.
Bureau of Indian Affairs
operation of indian programs
For 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, $1,637,444,000, to remain
available until September 30, 2001 except as otherwise provided herein,
of which not to exceed $93,684,000 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 $115,229,000 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 2000, 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
$401,010,000 for school operations costs of Bureau-funded schools and
other education programs shall become available on July 1, 2000, and
shall remain available until September 30, 2001; and of which not to
exceed $51,991,000 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, and the Navajo-Hopi Settlement Program: 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 any forestry
funds allocated to a tribe which remain unobligated as of September 30,
2001, may be transferred during fiscal year 2002 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,
2002.
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, $146,884,000, 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 2000, 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
notwithstanding any other provision of law, collections from the
settlements between the United States and the Puyallup tribe concerning
Chief Leschi school are made available for school construction in
fiscal year 2000 and hereafter: Provided further, That in return for a
quit claim deed to a school building on the Lac Courte Oreilles Ojibwe
Indian Reservation, the Secretary shall pay to U.K. Development, LLC
the amount of $375,000 from the funds made available under this
heading.
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $27,256,000, to remain available
until expended; of which $25,260,000 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 $1,871,000 shall
be available pursuant to Public Laws 99-264, 100-383, 103-402 and 100-
580.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $59,682,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $508,000.
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).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs for distribution to other
tribes, this action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
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. Funds made available under this Act may not be used
to establish a charter school at a Bureau-funded school (as that term
is defined in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026)), except that a charter school that is in existence on the
date of the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau a pro-
rata share of funds to reimburse the Bureau for the use of the real and
personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of the State
in which the school is located if the charter school loses such
funding. Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims Act''). Not
later than June 15, 2000, the Secretary of the Interior shall evaluate
the effectiveness of Bureau-funded schools sharing facilities with
charter schools in the manner described in the preceding sentence and
prepare and submit a report on the finding of that evaluation to the
Committees on Appropriations of the Senate and of the House.
The Tate Topa Tribal School, the Black Mesa Community School, the
Alamo Navajo School, and other Bureau-funded schools subject to the
approval of the Secretary of the Interior, may use prior year school
operations funds for the replacement or repair of Bureau of Indian
Affairs education facilities which are in compliance with 25 U.S.C.
2005(a) and which shall be eligible for operation and maintenance
support to the same extent as other Bureau of Indian Affairs education
facilities: Provided, That any additional construction costs for
replacement or repair of such facilities begun with prior year funds
shall be completed exclusively with non-Federal funds.
Department Offices
Insular Affairs
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $67,171,000, of which:
(1) $63,076,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, 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) $4,095,000
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 104-
134: Provided further, That Public Law 94-241, as amended, is further
amended: (1) in section 4(b) by striking ``2002'' and inserting
``1999'' and by striking the comma after ``$11,000,000 annually'' and
inserting the following: ``and for fiscal year 2000, payments to the
Commonwealth of the Northern Mariana Islands shall be $5,580,000, but
shall return to the level of $11,000,000 annually for fiscal years 2001
and 2002. In fiscal year 2003, the payment to the Commonwealth of the
Northern Mariana Islands shall be $5,420,000. Such payments shall be'';
and (2) in section (4)(c) by adding a new subsection as follows: ``(4)
for fiscal year 2000, $5,420,000 shall be provided to the Virgin
Islands for correctional facilities and other projects mandated by
Federal law.'': 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, $20,545,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $62,864,000, 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, $40,196,000.
Office of Inspector General
Salaries and Expenses
office of inspector general
For necessary expenses of the Office of Inspector General,
$26,086,000.
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, $90,025,000,
to remain available until expended: Provided, That funds for trust
management improvements may be transferred, as needed, to the Bureau of
Indian Affairs ``Operation of Indian Programs'' account and to the
Departmental Management ``Salaries and Expenses'' account: Provided
further, That funds made available to Tribes and Tribal organizations
through contracts or grants obligated during fiscal year 2000, 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 notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least 18 months and has a
balance of $1.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the account holder.
indian land consolidation pilot
Indian Land Consolidation
For implementation of a pilot program for consolidation of
fractional interests in Indian lands by direct expenditure or
cooperative agreement, $5,000,000 to remain available until expended
and which shall be transferred to the Bureau of Indian Affairs, of
which not to exceed $500,000 shall be available for administrative
expenses: Provided, That the Secretary may enter into a cooperative
agreement, which shall not be subject to Public Law 93-638, as amended,
with a tribe having jurisdiction over the pilot reservation to
implement the program to acquire fractional interests on behalf of such
tribe: Provided further, That the Secretary may develop a reservation-
wide system for establishing the fair market value of various types of
lands and improvements to govern the amounts offered for acquisition of
fractional interests: Provided further, That acquisitions shall be
limited to one or more pilot reservations as determined by the
Secretary: Provided further, That funds shall be available for
acquisition of fractional interest in trust or restricted lands with
the consent of its owners and at fair market value, and the Secretary
shall hold in trust for such tribe all interests acquired pursuant to
this pilot program: Provided further, That all proceeds from any lease,
resource sale contract, right-of-way or other transaction derived from
the fractional interest shall be credited to this appropriation, and
remain available until expended, until the purchase price paid by the
Secretary under this appropriation has been recovered from such
proceeds: Provided further, That once the purchase price has been
recovered, all subsequent proceeds shall be managed by the Secretary
for the benefit of the applicable tribe or paid directly to the tribe.
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, $5,400,000, to 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 oil spills; for response
and natural resource damage assessment activities related to actual oil
spills; 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 12 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.
(f) This section shall remain in effect through fiscal year 2002.
Sec. 113. Notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
hereafter funds available to the Department of the Interior 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 of
1975 and hereafter funds appropriated in this title shall not 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. 114. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to develop
guidelines and permits for such activity appropriate to that unit.
Sec. 115. Notwithstanding any other provision of law, in fiscal
year 2000 and thereafter, 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. 116. Notwithstanding any other provision of law, the Steel
Industry American Heritage Area, authorized by Public Law 104-333, is
hereby renamed the Rivers of Steel National Heritage Area.
Sec. 117. (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. 118. Refunds or rebates received on an on-going basis from a
credit card services provider under the Department of the Interior's
charge card programs may be deposited to and retained without fiscal
year limitation in the Departmental Working Capital Fund established
under 43 U.S.C. 1467 and used to fund management initiatives of general
benefit to the Department of the Interior's bureaus and offices as
determined by the Secretary or his designee.
Sec. 119. Appropriations made in this title under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior
appropriations Acts made under the same headings, shall be available
for expenditure or transfer for Indian trust management activities
pursuant to the Trust Management Improvement Project High Level
Implementation Plan.
Sec. 120. All properties administered by the National Park Service
at Fort Baker, Golden Gate National Recreation Area, and leases,
concessions, permits and other agreements associated with those
properties, hereafter shall be exempt from all taxes and special
assessments, except sales tax, by the State of California and its
political subdivisions, including the County of Marin and the City of
Sausalito. Such areas of Fort Baker shall remain under exclusive
Federal jurisdiction.
Sec. 121. Notwithstanding any provision of law, the Secretary of
the Interior is authorized to negotiate and enter into agreements and
leases, without regard to section 321 of chapter 314 of the Act of June
30, 1932 (40 U.S.C. 303b), with any person, firm, association,
organization, corporation, or governmental entity for all or part of
the property within Fort Baker administered by the Secretary as part of
Golden Gate National Recreation Area. The proceeds of the agreements or
leases shall be retained by the Secretary and such proceeds shall be
available, without future appropriation, for the preservation,
restoration, operation, maintenance and interpretation and related
expenses incurred with respect to Fort Baker properties.
Sec. 122. Where any Federal lands included in the boundary of Lake
Roosevelt National Recreational Area for grazing purposes, pursuant to
a permit issued by the National Park Service, the person or persons so
utilizing such lands shall be entitled to renew said permit. The
National Park Service is further directed to manage the Lake Roosevelt
National Recreational Area subject to grazing use in a manner that will
protect the recreational, natural (including water quality) and
cultural resources of the Lake Roosevelt National Recreational Area.
Sec. 123. Grazing permits and leases that expire or are
transferred, shall be renewed on the same terms and conditions as
contained in the expiring permits or leases until the Secretary of the
Interior completes processing these permits and leases in compliance
with all applicable laws and regulations, at which time such permit or
lease may be canceled, suspended or modified, in whole or in part, to
meet the requirements of such applicable laws and regulations. Nothing
in this language shall be deemed to alter the Secretary's statutory
authority.
Sec. 124. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter 10 of
title 25, United States Code, are deemed satisfied by a proceeding
conducted by an Indian probate judge, appointed by the Secretary
without regard to the provisions of title 5, United States Code,
governing the appointments in the competitive service, for such period
of time as the Secretary determines necessary: Provided, That the
Secretary may only appoint such Indian probate judges if, by January 1,
2000, the Secretary is unable to secure the services of at least 10
qualified Administrative Law Judges on a temporary basis from other
agencies and/or through appointing retired Administrative Law Judges:
Provided further, That the basic pay of an Indian probate judge so
appointed may be fixed by the Secretary without regard to the
provisions of chapter 51, and subchapter III of chapter 53 of title 5,
United States Code, governing the classification and pay of General
Schedule employees, except that no such Indian probate judge may be
paid at a level which exceeds the maximum rate payable for the highest
grade of the General Schedule, including locality pay.
Sec. 125. (a) Loan To Be Granted.--Notwithstanding any other
provision of law or of this Act, the Secretary of the Interior
(hereinafter the ``Secretary''), in consultation with the Secretary of
the Treasury, shall make available to the Government of American Samoa
(hereinafter ``ASG''), the benefits of a loan in the amount of
$18,600,000 bearing interest at a rate equal to the United States
Treasury cost of borrowing for obligations of similar duration.
Repayment of the loan shall be secured and accomplished pursuant to
this section with funds, as they become due and payable to ASG from the
Escrow Account established under the terms and conditions of the
Tobacco Master Settlement Agreement (and the subsequent Enforcing
Consent Decree) (hereinafter collectively referred to as ``the
Agreement'') entered into by the parties November 23, 1998, and
judgment granted by the High Court of American Samoa on January 5, 1999
(Civil Action 119-98, American Samoa Government v. Philip Morris
Tobacco Co., et. al.).
(b) Conditions Regarding Loan Proceeds.--Except as provided under
subsection (e), no proceeds of the loan described in this section shall
become available until ASG--
(1) has enacted legislation, or has taken such other or
additional official action as the Secretary may deem satisfactory
to secure and ensure repayment of the loan, irrevocably
transferring and assigning for payment to the Department of the
Interior (or to the Department of the Treasury, upon agreement
between the Secretaries of such departments) all amounts due and
payable to ASG under the terms and conditions of the Agreement for
a period of 26 years with the first payment beginning in 2000, such
repayment to be further secured by a pledge of the full faith and
credit of ASG;
(2) has entered into an agreement or memorandum of
understanding described in subsection (c) with the Secretary
identifying with specificity the manner in which approximately
$14,300,000 of the loan proceeds will be used to pay debts of ASG
incurred prior to April 15, 1999; and
(3) has provided to the Secretary an initial plan of fiscal and
managerial reform as described in subsection (d) designed to bring
the ASG's annual operating expenses into balance with projected
revenues for the years 2003 and beyond, and identifying the manner
in which approximately $4,300,000 of the loan proceeds will be
utilized to facilitate implementation of the plan.
(c) Procedure and Priorities for Debt Payments.--
(1) In structuring the agreement or memorandum of understanding
identified in subsection (b)(2), the ASG and the Secretary shall
include provisions, which create priorities for the payment of
creditors in the following order--
(A) debts incurred for services, supplies, facilities,
equipment and materials directly connected with the provision
of health, safety and welfare functions for the benefit of the
general population of American Samoa (including, but not
limited to, health care, fire and police protection,
educational programs grades K-12, and utility services for
facilities belonging to or utilized by ASG and its agencies),
wherein the creditor agrees to compromise and settle the
existing debt for a payment not exceeding 75 percent of the
amount owed, shall be given the highest priority for payment
from the loan proceeds under this section;
(B) debts not exceeding a total amount of $200,000 owed to
a single provider and incurred for any legitimate governmental
purpose for the benefit of the general population of American
Samoa, wherein the creditor agrees to compromise and settle the
existing debt for a payment not exceeding 70 percent of the
amount owed, shall be given the second highest priority for
payment from the loan proceeds under this section;
(C) debts exceeding a total amount of $200,000 owed to a
single provider and incurred for any legitimate governmental
purpose for the benefit of the general population of American
Samoa, wherein the creditor agrees to compromise and settle the
existing debt for a payment not exceeding 65 percent of the
amount owed, shall be given the third highest priority for
payment from the loan proceeds under this section;
(D) other debts regardless of total amount owed or purpose
for which incurred, wherein the creditor agrees to compromise
and settle the existing debt for a payment not exceeding 60
percent of the amount owed, shall be given the fourth highest
priority for payment from the loan proceeds under this section;
(E) debts described in subparagraphs (A), (B), (C), and (D)
of this paragraph, wherein the creditor declines to compromise
and settle the debt for the percentage of the amount owed as
specified under the applicable subparagraph, shall be given the
lowest priority for payment from the loan proceeds under this
section.
(2) The agreement described in subsection (b)(2) shall also
generally provide a framework whereby the Governor of American
Samoa shall, from time-to-time, be required to give 10 business
days notice to the Secretary that ASG will make payment in
accordance with this section to specified creditors and the amount
which will be paid to each of such creditors. Upon issuance of
payments in accordance with the notice, the Governor shall
immediately confirm such payments to the Secretary, and the
Secretary shall within three business days following receipt of
such confirmation transfer from the loan proceeds an amount
sufficient to reimburse ASG for the payments made to creditors.
(3) The agreement may contain such other provisions as are
mutually agreeable, and which are calculated to simplify and
expedite the payment of existing debt under this section and ensure
the greatest level of compromise and settlement with creditors in
order to maximize the retirement of ASG debt.
(d) Fiscal and Managerial Reform Program.--
(1) The initial plan of fiscal and managerial reform, designed
to bring ASG's annual operating expenses into balance with
projected revenues for the years 2003 and beyond as required under
subsection (b)(3), should identify specific measures which will be
implemented by ASG to accomplish such goal, the anticipated
reduction in government operating expense which will be achieved by
each measure, and should include a timetable for attainment of each
reform measure identified therein.
(2) The initial plan should also identify with specificity the
manner in which approximately $4,300,000 of the loan proceeds will
be utilized to assist in meeting the reform plan's targets within
the timetable specified through the use of incentives for early
retirement, severance pay packages, outsourcing services, or any
other expenditures for program elements reasonably calculated to
result in reduced future operating expenses for ASG on a long term
basis.
(3) Upon receipt of the initial plan, the Secretary shall
consult with the Governor of American Samoa, and shall make any
recommendations deemed reasonable and prudent to ensure the goals
of reform are achieved. The reform plan shall contain objective
criteria that can be documented by a competent third party,
mutually agreeable to the Governor and the Secretary. The plan
shall include specific targets for reducing the amounts of ASG
local revenues expended on government payroll and overhead
(including contracts for consulting services), and may include
provisions which allow modest increases in support of the LBJ
Hospital Authority reasonably calculated to assist the Authority
implement reforms which will lead to an independent audit
indicating annual expenditures at or below annual Authority
receipts.
(4) The Secretary shall enter into an agreement with the
Governor similar to that specified in subsection (c)(2) of this
section, enabling ASG to make payments as contemplated in the
reform plan and then to receive reimbursement from the Secretary
out of the portion of loan proceeds allocated for the
implementation of fiscal reforms.
(5) Within 60 days following receipt of the initial plan, the
Secretary shall approve an interim final plan reasonably calculated
to make substantial progress toward overall reform. The Secretary
shall provide copies of the plan, and any subsequent modifications,
to the House Committee on Resources, the House Committee on
Appropriations Subcommittee on the Department of the Interior and
Related Agencies, the Senate Committee on Energy and Natural
Resources, and the Senate Committee on Appropriations Subcommittee
on the Department of the Interior and Related Agencies.
(6) From time-to-time as deemed necessary, the Secretary shall
consult further with the Governor of American Samoa, and shall
approve such mutually agreeable modifications to the interim final
plan as circumstances warrant in order to achieve the overall goals
of ASG fiscal and managerial reforms.
(e) Release of Loan Proceeds.--From the total proceeds of the loan
described in this section, the Secretary shall make available--
(1) upon compliance by ASG with paragraphs (b)(1) and (b)(2) of
this section and in accordance with subsection (c), approximately
$14,300,000 in reimbursements as requested from time-to-time by the
Governor for payments to creditors;
(2) upon compliance by ASG with paragraphs (b)(1) and (b)(3) of
this section and in accordance with subsection (d), approximately
$4,300,000 in reimbursements as requested from time-to-time by the
Governor for payments associated with implementation of the interim
final reform plan; and
(3) notwithstanding paragraphs (1) and (2) of this subsection,
at any time the Secretary and the Governor mutually determine that
the amount necessary to fund payments under paragraph (2) will
total less than $4,300,000 then the Secretary may approve the
amount of any unused portion of such sum for additional payments
against ASG debt under paragraph (1).
(f) Exception.-- Proceeds from the loan under this section shall be
used solely for the purposes of debt payments and reform plan
implementation as specified herein, except that the Secretary may
provide an amount equal to not more than 2 percent of the total loan
proceeds for the purpose of retaining the services of an individual or
business entity to provide direct assistance and management expertise
in carrying out the purposes of this section. Such individual or
business entity shall be mutually agreeable to the Governor and the
Secretary, may not be a current or former employee of, or contractor
for, and may not be a creditor of ASG. Notwithstanding the preceding
two sentences, the Governor and the Secretary may agree to also retain
the services of any semi-autonomous agency of ASG which has established
a record of sound management and fiscal responsibility, as evidenced by
audited financial reports for at least three of the past 5 years, to
coordinate with and assist any individual or entity retained under this
subsection.
(g) Construction.--The provisions of this section are expressly
applicable only to the utilization of proceeds from the loan described
in this section, and nothing herein shall be construed to relieve ASG
from any lawful debt or obligation except to the extent a creditor
shall voluntarily enter into an arms length agreement to compromise and
settle outstanding amounts under subsection (c).
(h) Termination.--The payment of debt and the payments associated
with implementation of the interim final reform plan shall be completed
not later than October 1, 2003. On such date, any unused loan proceeds
totaling $1,000,000 or less shall be transferred by the Secretary
directly to ASG. If the amount of unused loan proceeds exceeds
$1,000,000, then such amount shall be credited to the total of loan
repayments specified in paragraph (b)(1). With approval of the
Secretary, ASG may designate additional payments from time-to-time from
funds available from any source, without regard to the original purpose
of such funds.
Sec. 126. The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service and in
consultation with the Director of the National Park Service, shall
undertake the necessary activities to designate Midway Atoll as a
National Memorial to the Battle of Midway. In pursuing such a
designation the Secretary shall consult with organizations with an
interest in Midway Atoll. The Secretary shall consult on a regular
basis with such organizations, including the International Midway
Memorial Foundation, Inc. on the management of the National Memorial.
Sec. 127. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2000. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
Sec. 128. 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 for the Shoalwater Bay Indian Tribe in
Clark County, Washington, unless and until the tribe and the county
reach a legally enforceable agreement that addresses the financial
impact of new development on the county, school district, fire
district, and other local governments and the impact on zoning and
development.
Sec. 129. None of the funds provided in this Act may be used by the
Department of the Interior to implement the provisions of Principle
3(C)ii and Appendix section 3(B)(4) in Secretarial Order 3206, entitled
``American Indian Tribal Rights, Federal-Tribal Trust Responsibilities,
and the Endangered Species Act''.
Sec. 130. Of the funds appropriated in title V of the Fiscal Year
1998 Interior and Related Agencies Appropriation Act, Public Law 105-
83, the Secretary shall provide up to $2,000,000 in the form of a grant
to the Fairbanks North Star Borough for acquisition of undeveloped
parcels along the banks of the Chena River for the purpose of
establishing an urban greenbelt within the Borough. The Secretary shall
further provide from the funds appropriated in title V up to $1,000,000
in the form of a grant to the Municipality of Anchorage for the
acquisition of approximately 34 acres of wetlands adjacent to a
municipal park in Anchorage (the Jewel Lake Wetlands).
Sec. 131. Funding for the Ottawa National Wildlife Refuge and
Certain Projects in the State of Ohio. Notwithstanding any other
provision of law, from the unobligated balances appropriated for a
grant to the State of Ohio for the acquisition of the Howard Farm near
Metzger Marsh, Ohio--
(1) $500,000 shall be derived by transfer and made available
for the acquisition of land in the Ottawa National Wildlife Refuge;
(2) $302,000 shall be derived by transfer and made available
for the Dayton Aviation Heritage Commission, Ohio; and
(3) $198,000 shall be derived by transfer and made available
for a grant to the State of Ohio for the preservation and
restoration of the birthplace, boyhood home, and schoolhouse of
Ulysses S. Grant.
Sec. 132. Conveyance to Nye County, Nevada. (a) Definitions.--In
this section:
(1) County.--The term ``County'' means Nye County, Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
(b) Parcels Conveyed for Use of the Nevada Science and Technology
Center.--
(1) In general.--For no consideration and at no other cost to
the County, the Secretary shall convey to the County, subject to
valid existing rights, all right, title, and interest in and to the
parcels of public land described in paragraph (2).
(2) Land description.--The parcels of public land referred to
in paragraph (1) are the following:
(A) The portion of Sec. 13 north of United States Route 95,
T. 15 S., R. 49 E., Mount Diablo Meridian, Nevada.
(B) In Sec. 18, T. 15 S., R. 50 E., Mount Diablo Meridian,
Nevada:
(i) W \1/2\ W \1/2\ NW \1/4\.
(ii) The portion of the W \1/2\ W \1/2\ SW \1/4\ north
of United States Route 95.
(3) Use.--
(A) In general.--The parcels described in paragraph (2)
shall be used for the construction and operation of the Nevada
Science and Technology Center as a nonprofit museum and
exposition center, and related facilities and activities.
(B) Reversion.--The conveyance of any parcel described in
paragraph (2) shall be subject to reversion to the United
States, at the discretion of Secretary, if the parcel is used
for a purpose other than that specified in subparagraph (A).
(c) Parcels Conveyed for Other Use for a Commercial Purpose.--
(1) Right to purchase.--For a period of 5 years beginning on
the date of the enactment of this Act, the County shall have the
exclusive right to purchase the parcels of public land described in
paragraph (2) for the fair market value of the parcels, as
determined by the Secretary.
(2) Land description.--The parcels of public land referred to
in paragraph (1) are the following parcels in Sec. 18, T. 15 S., R.
50 E., Mount Diablo Meridian, Nevada:
(A) E \1/2\ NW \1/4\.
(B) E \1/2\ W \1/2\ NW \1/4\.
(C) The portion of the E \1/2\ SW \1/4\ north of United
States Route 95.
(D) The portion of the E \1/2\ W \1/2\ SW \1/4\ north of
United States Route 95.
(E) The portion of the SE \1/4\ north of United States
Route 95.
(3) Use of proceeds.--Proceeds of a sale of a parcel described
in paragraph (2)--
(A) shall be deposited in the special account established
under section 4(e)(1)(C) of the Southern Nevada Public Land
Management Act of 1998 (112 Stat. 2345); and
(B) shall be available for use by the Secretary--
(i) to reimburse costs incurred by the local offices of
the Bureau of Land Management in arranging the land
conveyances directed by this Act; and
(ii) as provided in section 4(e)(3) of that Act (112
Stat. 2346).
Sec. 133. Conveyance of Land to City of Mesquite, Nevada. Section 3
of Public Law 99-548 (100 Stat. 3061; 110 Stat. 3009-202) is amended by
adding at the end the following:
``(e) Fifth Area.--
``(1) Right to purchase.--For a period of 12 years after the
date of the enactment of this Act, the City of Mesquite, Nevada,
shall have the exclusive right to purchase the parcels of public
land described in paragraph (2).
``(2) Land description.--The parcels of public land referred to
in paragraph (1) are as follows:
``(A) In T. 13 S., R. 70 E., Mount Diablo Meridian, Nevada:
``(i) The portion of sec. 27 north of Interstate Route
15.
``(ii) Sec. 28: NE \1/4\, S \1/2\ (except the
Interstate Route 15 right-of-way).
``(iii) Sec. 29: E \1/2\ NE \1/4\ SE \1/4\, SE \1/4\ SE
\1/4\.
``(iv) The portion of sec. 30 south of Interstate Route
15.
``(v) The portion of sec. 31 south of Interstate Route
15.
``(vi) Sec. 32: NE \1/4\ NE \1/4\ (except the
Interstate Route 15 right-of-way), the portion of NW \1/4\
NE \1/4\ south of Interstate Route 15, and the portion of W
\1/2\ south of Interstate Route 15.
``(vii) The portion of sec. 33 north of Interstate
Route 15.
``(B) In T. 14 S., R. 70 E., Mount Diablo Meridian, Nevada:
``(i) Sec. 5: NW \1/4\.
``(ii) Sec. 6: N \1/2\.
``(C) In T. 13 S., R. 69 E., Mount Diablo Meridian, Nevada:
``(i) The portion of sec. 25 south of Interstate Route
15.
``(ii) The portion of sec. 26 south of Interstate Route
15.
``(iii) The portion of sec. 27 south of Interstate
Route 15.
``(iv) Sec. 28: SW \1/4\ SE \1/4\.
``(v) Sec. 33: E \1/2\.
``(vi) Sec. 34.
``(vii) Sec. 35.
``(viii) Sec. 36.
``(3) Notification.--Not later than 10 years after the date of
the enactment of this subsection, the city shall notify the
Secretary which of the parcels of public land described in
paragraph (2) the city intends to purchase.
``(4) Conveyance.--Not later than 1 year after receiving
notification from the city under paragraph (3), the Secretary shall
convey to the city the land selected for purchase.
``(5) Withdrawal.--Subject to valid existing rights, until the
date that is 12 years after the date of the enactment of this
subsection, the parcels of public land described in paragraph (2)
are withdrawn from all forms of entry and appropriation under the
public land laws, including the mining laws, and from operation of
the mineral leasing and geothermal leasing laws.
``(6) Use of proceeds.--The proceeds of the sale of each
parcel--
``(A) shall be deposited in the special account established
under section 4(e)(1)(C) of the Southern Nevada Public Land
Management Act of 1998 (112 Stat. 2345); and
``(B) shall be available for use by the Secretary--
``(i) to reimburse costs incurred by the local offices
of the Bureau of Land Management in arranging the land
conveyances directed by this Act; and
``(ii) as provided in section 4(e)(3) of that Act (112
Stat. 2346).
``(f) Sixth Area.--
``(1) In general.--Not later than 1 year after the date of the
enactment of this subsection, the Secretary shall convey to the
City of Mesquite, Nevada, in accordance with section 47125 of title
49, United States Code, up to 2,560 acres of public land to be
selected by the city from among the parcels of land described in
paragraph (2).
``(2) Land description.--The parcels of land referred to in
paragraph (1) are as follows:
``(A) In T. 13 S., R. 69 E., Mount Diablo Meridian, Nevada:
``(i) The portion of sec. 28 south of Interstate Route
15 (except S \1/2\ SE \1/4\).
``(ii) The portion of sec. 29 south of Interstate Route
15.
``(iii) The portion of sec. 30 south of Interstate
Route 15.
``(iv) The portion of sec. 31 south of Interstate Route
15.
``(v) Sec. 32.
``(vi) Sec. 33: W \1/2\.
``(B) In T. 14 S., R. 69 E., Mount Diablo Meridian, Nevada:
``(i) Sec. 4.
``(ii) Sec. 5.
``(iii) Sec. 6.
``(iv) Sec. 8.
``(C) In T. 14 S., R. 68 E., Mount Diablo Meridian, Nevada:
``(i) Sec. 1.
``(ii) Sec. 12.
``(3) Withdrawal.--Subject to valid existing rights, until the
date that is 12 years after the date of the enactment of this
subsection, the parcels of public land described in paragraph (2)
are withdrawn from all forms of entry and appropriation under the
public land laws, including the mining laws, and from operation of
the mineral leasing and geothermal leasing laws.''.
Sec. 134. Quadricentennial Commemoration of the Saint Croix Island
International Historic Site. (a) Findings.--The Senate finds that--
(1) in 1604, one of the first European colonization efforts was
attempted at St. Croix Island in Calais, Maine;
(2) St. Croix Island settlement predated both the Jamestown and
Plymouth colonies;
(3) St. Croix Island offers a rare opportunity to preserve and
interpret early interactions between European explorers and
colonists and Native Americans;
(4) St. Croix Island is one of only two international historic
sites comprised of land administered by the National Park Service;
(5) the quadricentennial commemorative celebration honoring the
importance of the St. Croix Island settlement to the countries and
people of both Canada and the United States is rapidly approaching;
(6) the 1998 National Park Service management plans and long-
range interpretive plan call for enhancing visitor facilities at
both Red Beach and downtown Calais;
(7) in 1982, the Department of the Interior and Canadian
Department of the Environment signed a memorandum of understanding
to recognize the international significance of St. Croix Island
and, in an amendment memorandum, agreed to conduct joint strategic
planning for the international commemoration with a special focus
on the 400th anniversary of settlement in 2004;
(8) the Department of Canadian Heritage has installed extensive
interpretive sites on the Canadian side of the border; and
(9) current facilities at Red Beach and Calais are extremely
limited or nonexistent for a site of this historic and cultural
importance.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) using funds made available by this Act, the National Park
Service should expeditiously pursue planning for exhibits at Red
Beach and the town of Calais, Maine; and
(2) the National Park Service should take what steps are
necessary, including consulting with the people of Calais, to
ensure that appropriate exhibits at Red Beach and the town of
Calais are completed by 2004.
Sec. 135. No funds appropriated for the Department of the Interior
by this Act or any other Act shall be used to study or implement any
plan to drain Lake Powell or to reduce the water level of the lake
below the range of water levels required for the operation of the Glen
Canyon Dam.
Sec. 136. None of the funds appropriated or otherwise made
available in this Act or any other provision of law, may be used by any
officer, employee, department or agency of the United States to impose
or require payment of an inspection fee in connection with the export
of shipments of fur-bearing wildlife containing 1,000 or fewer raw,
crusted, salted or tanned hides or fur skins, or separate parts
thereof, including species listed under the Convention on International
Trade in Endangered Species of Wild Fauna and Flora done at Washington,
March 3, 1973 (27 UST 1027): Provided, That this provision shall for
the duration of the calendar year in which the shipment occurs, not
apply to any person who ships more than 2,500 of such hides, fur skins
or parts thereof during the course of such year.
Sec. 137. No funds appropriated under this Act shall be expended to
implement sound thresholds or standards in the Grand Canyon National
Park until 90 days after the National Park Service has provided to the
Congress a report describing: (1) the reasonable scientific basis for
such sound thresholds or standard; and (2) the peer review process used
to validate such sound thresholds or standard.
Sec. 138. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands from the Haines Borough,
Alaska, consisting of approximately 20 acres, more or less, in four
tracts identified for this purpose by the Borough, and contained in an
area formerly known as ``Duncan's Camp''; the Secretary shall use
$340,000 previously allocated from funds appropriated for the
Department of the Interior for fiscal year 1998 for acquisition of
lands; the Secretary is authorized to convey in fee all land and
interests in land acquired pursuant to this section without
compensation to the heirs of Peter Duncan in settlement of a claim
filed by them against the United States: Provided, That the Secretary
shall not convey the lands acquired pursuant to this section unless and
until a signed release of all claims is executed.
Sec. 139. Funds appropriated for the Bureau of Indian Affairs for
postsecondary schools for fiscal year 2000 shall be allocated among the
schools proportionate to the unmet need of the schools as determined by
the Postsecondary Funding Formula adopted by the Office of Indian
Education Programs.
Sec. 140. Notwithstanding any other provision of law, in conveying
the Twin Cities Research Center under the authority provided by Public
Law 104-134, as amended by Public Law 104-208, the Secretary may accept
and retain land and other forms of reimbursement: Provided, That the
Secretary may retain and use any such reimbursement until expended and
without further appropriation: (1) for the benefit of the National
Wildlife Refuge System within the State of Minnesota; and (2) for all
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 141. None of the funds made available by this Act shall be
used to issue a notice of final rulemaking with respect to the
valuation of crude oil for royalty purposes until the Comptroller
General reviews the issues presented by the rulemaking and issues a
report to the Congress. Such report shall be issued no later than 180
days after the date of the enactment of this Act. The rulemaking must
be consistent with existing statutory requirements.
Sec. 142. Extension of Authority for Establishment of Thomas Paine
Memorial. (a) In General.--Public Law 102-407 (40 U.S.C. 1003 note; 106
Stat. 1991) is amended by adding at the end the following:
``SEC. 4. EXPIRATION OF AUTHORITY.
``Notwithstanding the time period limitation specified in section
10(b) of the Commemorative Works Act (40 U.S.C. 1010(b)) or any other
provision of law, the authority for the Thomas Paine National
Historical Association to establish a memorial to Thomas Paine in the
District of Columbia under this Act shall expire on December 31,
2003.''.
(b) Conforming Amendments.--
(1) Applicable law.--Section 1(b) of Public Law 102-407 (40
U.S.C. 1003 note; 106 Stat. 1991) is amended by striking ``The
establishment'' and inserting ``Except as provided in section 4,
the establishment''.
(2) Expiration of authority.--Section 3 of Public Law 102-407
(40 U.S.C. 1003 note; 106 Stat. 1991) is amended--
(A) by striking ``or upon expiration of the authority for
the memorial under section 10(b) of that Act,'' and inserting
``or on expiration of the authority for the memorial under
section 4,''; and
(B) by striking ``section 8(b)(1) of that Act'' and
inserting ``section 8(b)(1) of the Commemorative Works Act (40
U.S.C. 1008(b)(1))''.
Sec. 143. Use of National Park Service Transportation Service
Contract Fees. Section 412 of the National Parks Omnibus Management Act
of 1998 (16 U.S.C. 5961) is amended--
(1) by inserting ``(a) In General.--'' before
``Notwithstanding''; and
(2) by adding at the end the following:
``(b) Obligation of Funds.--Notwithstanding any other provision of
law, with respect to a service contract for the provision solely of
transportation services at Zion National Park, the Secretary may
obligate the expenditure of fees received in fiscal year 2000 under
section 501 before the fees are received.''.
Sec. 144. Extension of Deadline for Red Rock Canyon National
Conservation Area. (a) In General.--Section 3(c)(1) of Public Law 103-
450 (108 Stat. 4767) is amended by striking ``the date 1 year after the
date of enactment of this Act'' and inserting ``May 2, 2000''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on November 1, 1999.
Sec. 145. National Park Passport Program. Section 603(c)(1) of the
National Park Omnibus Management Act of 1998 (16 U.S.C. 5993(c)(1)) is
amended by striking ``10'' and inserting ``15''.
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, $202,700,000, 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, $187,534,000, 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, and for administrative expenses
associated with the management of funds provided under the headings
``Forest and Rangeland Research'', ``State and Private Forestry'',
``National Forest System'', ``Wildland Fire Management'',
``Reconstruction and Maintenance'', and ``Land Acquisition'',
$1,251,504,000, 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 unobligated balances available at the start of
fiscal year 2000 shall be displayed by extended budget line item in the
fiscal year 2001 budget justification.
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 and water, $561,354,000, to remain available until expended:
Provided, That such funds are available for repayment of advances from
other appropriations accounts previously transferred for such purposes:
Provided further, That not less than 50 percent of any unobligated
balances remaining (exclusive of amounts for hazardous fuels reduction)
at the end of fiscal year 1999 shall be transferred, as repayment for
past advances that have not been repaid, to the fund established
pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.):
Provided further, That notwithstanding any other provision of law, up
to $4,000,000 of funds appropriated under this appropriation may be
used for Fire Science Research in support of the Joint Fire Science
Program: Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative agreements,
available to execute the Forest Service and Rangeland Research
appropriation, are also available in the utilization of these funds for
Fire Science Research.
For an additional amount to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and wildfire
suppression activities of the Forest Service, $90,000,000, 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 maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $398,927,000, to remain available until expended for
construction, reconstruction, maintenance 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 to $15,000,000 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 no funds shall be
expended to decommission any system road until notice and an
opportunity for public comment has been provided on each
decommissioning project: Provided further, That any unobligated
balances of amounts previously appropriated to the Forest Service
``Reconstruction and Construction'' account as well as any unobligated
balances remaining in the ``National Forest System'' account for the
facility maintenance and trail maintenance extended budget line items
at the end of fiscal year 1999 may be transferred to and merged with
the ``Reconstruction and Maintenance'' account.
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, $39,575,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended, of which not to exceed $40,000,000 may be available for the
acquisition of lands or interests within the tract known as the Baca
Location No. 1 in New Mexico only upon: (1) enactment of legislation
authorizing the acquisition of lands, or interests in lands, within
such tract; (2) completion of a review, not to exceed 90 days, by the
Comptroller General of the United States of an appraisal conforming
with the Uniform Appraisal Standards for Federal Land Acquisition of
all lands and interests therein to be acquired by the United States;
and (3) submission of the Comptroller General's review of such
appraisal to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural Resources of the
Senate, and the Committees on Appropriations of the House and Senate:
Provided, That subject to valid existing rights, all federally-owned
lands and interests in lands within the New World Mining District
comprising approximately 26,223 acres, more or less, which are
described in a Federal Register notice dated August 19, 1997 (62 Fed.
Reg. 44136-44137), are hereby withdrawn from all forms of entry,
appropriation, and disposal under the public land laws, and from
location, entry and patent under the mining laws, and from disposition
under all mineral and geothermal leasing laws.
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 16 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 110 passenger
motor vehicles of which 15 will be used primarily for law enforcement
purposes and of which 109 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 three for replacement only, and acquisition of sufficient
aircraft from excess sources to maintain the operable fleet at 213
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 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 if and only if all previously appropriated emergency
contingent funds under the heading ``Wildland Fire Management'' have
been released by the President and apportioned.
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 No. 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 No. 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.
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.
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.
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 $400,000 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 the 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, $2,650,000 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 from the Fund shall be considered direct payments for purposes
of all applicable law except that these direct grants may not be used
for lobbying activities: Provided, That a total of $22,000,000 is
hereby appropriated and shall be deposited into the Southeast Alaska
Economic Disaster Fund established pursuant to Public Law 104-134, as
amended, without further appropriation or fiscal year limitation of
which $10,000,000 shall be distributed in fiscal year 2000, $7,000,000
shall be distributed in fiscal year 2001, and $5,000,000 shall be
distributed in fiscal year 2002. The Secretary of Agriculture shall
allocate the funds to local communities suffering economic hardship
because of mill closures and economic dislocation in the timber
industry to employ unemployed timber workers and for related community
redevelopment projects as follows:
(1) in fiscal year 2000, $4,000,000 for the Ketchikan Gateway
Borough, $2,000,000 for the City of Petersburg, $2,000,000 for the
City and Borough of Sitka, and $2,000,000 for the Metlakatla Indian
Community;
(2) in fiscal year 2001, $3,000,000 for the Ketchikan Gateway
Borough, $1,000,000 for the City of Petersburg, $1,500,000 for the
City and Borough of Sitka, and $1,500,000 for the Metlakatla Indian
Community; and
(3) in fiscal year 2002, $3,000,000 for the Ketchikan Gateway
Borough, $500,000 for the City and Borough of Sitka, and $1,500,000
for the Metlakatla Indian Community.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
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 (referred to as
``indirect expenditures''), from funds available to the Forest Service,
unless otherwise prohibited by law: Provided, That the Forest Service
shall implement and adhere to the definitions of indirect expenditures
established pursuant to Public Law 105-277 on a nationwide basis
without flexibility for modification by any organizational level except
the Washington Office, and when changed by the Washington Office, such
changes in definition shall be reported in budget requests submitted by
the Forest Service: Provided further, That the Forest Service shall
provide in all future budget justifications, planned indirect
expenditures in accordance with the definitions, summarized and
displayed to the Regional, Station, Area, and detached unit office
level. The justification shall display the estimated source and amount
of indirect expenditures, by expanded budget line item, of funds in the
agency's annual budget justification. The display shall include
appropriated funds and the Knutson-Vandenberg, Brush Disposal,
Cooperative Work-Other, and Salvage Sale funds. Changes between
estimated and actual indirect expenditures shall be reported in
subsequent budget justifications: Provided further, That during fiscal
year 2000 the Secretary shall limit total annual indirect obligations
from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg,
Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent
of the total obligations from each fund.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee
safety: Provided, That such amounts shall not exceed $500,000.
From any unobligated balances available at the start of fiscal year
2000, the amount of $5,000,000 shall be allocated to the Alaska Region,
in addition to the funds appropriated to sell timber in the Alaska
Region under this Act, for expenses directly related to preparing
sufficient additional timber for sale in the Alaska Region to establish
a 3-year timber supply.
The Forest Service is authorized through the Forest Service
existing budget to reimburse Harry Frey, $143,406 (1997 dollars)
because his home was destroyed by arson on June 21, 1990 in retaliation
for his work with the Forest Service.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $156,000,000 shall not be available until October 1, 2000:
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
(including transfer of funds)
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,
$410,025,000, to remain available until expended, of which $24,000,000
shall be derived by transfer from unobligated balances in the Biomass
Energy Development account: 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, 1999, 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 and settlement payments shall be
immediately transferred to the general fund of the Treasury.
naval petroleum and oil shale reserves
The requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to
fiscal year 2000: Provided, That, notwithstanding any other provision
of law, unobligated funds remaining from prior years shall be available
for all naval petroleum and oil shale reserve activities.
elk hills school lands fund
For necessary expenses in fulfilling the second installment payment
under the Settlement Agreement entered into by the United States and
the State of California on October 11, 1996, as authorized by section
3415 of Public Law 104-106, $36,000,000, to become available on October
1, 2000, for payment to the State of California for the State Teachers'
Retirement Fund from the Elk Hills School Lands Fund.
energy conservation
(including transfer of funds)
For necessary expenses in carrying out energy conservation
activities, $689,242,000, to remain available until expended, of which
$25,000,000 shall be derived by transfer from unobligated balances in
the Biomass Energy Development account: Provided, That $167,000,000
shall be for use in energy conservation programs as defined in section
3008(3) of Public Law 99-509 (15 U.S.C. 4507): Provided further, That
notwithstanding section 3003(d)(2) of Public Law 99-509, such sums
shall be allocated to the eligible programs as follows: $134,000,000
for weatherization assistance grants and $33,000,000 for State energy
conservation grants: Provided further, That, notwithstanding any other
provision of law, in fiscal year 2001 and thereafter sums appropriated
for weatherization assistance grants shall be contingent on a cost
share of 25 percent by each participating State or other qualified
participant.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $2,000,000, 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.), $159,000,000, to remain available until expended:
Provided, That the Secretary of Energy hereafter may transfer to the
SPR Petroleum Account such funds as may be necessary to carry out
drawdown and sale operations of the Strategic Petroleum Reserve
initiated under section 161 of the Energy Policy and Conservation Act
(42 U.S.C. 6241) from any funds available to the Department of Energy
under this or any other Act: Provided further, That all funds
transferred pursuant to this authority must be replenished as promptly
as possible from oil sale receipts pursuant to the drawdown and sale.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $72,644,000, 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 of Energy in cooperation with the Administrator of
General Services Administration shall convey to the City of
Bartlesville, Oklahoma, for no consideration, the approximately 15.644
acres of land comprising the former site of the National Institute of
Petroleum Energy Research (including all improvements on the land)
described as follows: All of Block 1, Keeler's Second Addition, all of
Block 2, Keeler's Fourth Addition, all of Blocks 9 and 10, Mountain
View Addition, all in the City of Bartlesville, Washington County,
Oklahoma.
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, $2,053,967,000, 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 $395,290,000 for contract medical care shall
remain available for obligation until September 30, 2001: 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 1-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, 2001: 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 $203,781,000
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 2000: Provided further, That funds available for the Indian
Health Care Improvement Fund may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities account.
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, $318,580,000, 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: Provided
further, That notwithstanding any provision of law governing Federal
construction, $3,000,000 of the funds provided herein shall be provided
to the Hopi Tribe to reduce the debt incurred by the Tribe in providing
staff quarters to meet the housing needs associated with the new Hopi
Health Center: Provided further, That not to exceed $500,000 shall be
used by the Indian Health Service to purchase TRANSAM equipment from
the Department of Defense for distribution to the Indian Health Service
and tribal facilities: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for demolition of
Federal buildings: Provided further, That from within existing funds,
the Indian Health Service may purchase up to 5 acres of land for
expanding the parking facilities at the Indian Health Service hospital
in Tahlequah, Oklahoma.
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 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, $8,000,000, 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), $2,125,000.
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 five replacement passenger vehicles; purchase,
rental, repair, and cleaning of uniforms for employees, $372,901,000,
of which not to exceed $43,318,000 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 of which $2,500,000 shall remain available until
expended for the National Museum of Natural History's Arctic Studies
Center to include assistance to other museums for the planning and
development of institutions and facilities that enhance the display of
collections, 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: Provided further, That the Smithsonian
Institution may expend Federal appropriations designated in this Act
for lease or rent payments for long term and swing space, as rent
payable to the Smithsonian Institution, and such rent payments may be
deposited into the general trust funds of the Institution to the extent
that federally supported activities are housed in the 900 H Street,
N.W. building in the District of Columbia: Provided further, That this
use of Federal appropriations shall not be construed as debt service, a
Federal guarantee of, a transfer of risk to, or an obligation of, the
Federal Government: Provided further, That no appropriated funds may be
used to service debt which is incurred to finance the costs of
acquiring the 900 H Street building or of planning, designing, and
constructing improvements to such building.
repair, rehabilitation and alteration of facilities
(including transfers of funds)
For necessary expenses of repair, rehabilitation and alteration of
facilities 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, $47,900,000, to remain available until
expended, of which $6,000,000 is provided for repair, rehabilitation
and alteration of facilities at the National Zoological Park: Provided,
That contracts awarded for environmental systems, protection systems,
and repair or rehabilitation of facilities of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price: Provided
further, That funds previously appropriated to the ``Construction and
Improvements, National Zoological Park'' account and the ``Repair and
Restoration of Buildings'' account may be transferred to and merged
with this ``Repair, Rehabilitation and Alteration of Facilities''
account.
construction
For necessary expenses for construction, $19,000,000, to remain
available until expended.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to initiate
the design for any proposed expansion of current space or new facility
without consultation with the House and Senate Appropriations
Committees.
The Smithsonian Institution shall not use Federal funds in excess
of the amount specified in Public Law 101-185 for the construction of
the National Museum of the American Indian.
None of the funds in this or any other Act may be used for the Holt
House located at the National Zoological Park in Washington, D.C.,
unless identified as repairs to minimize water damage, monitor
structure movement, or provide interim structural support.
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, $61,538,000, 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, $14,000,000.
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,
$6,790,000.
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, $85,000,000 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,
$13,000,000, 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, $101,000,000, 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,
$14,700,000, to remain available until expended, of which $10,700,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be 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, $24,400,000, 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), $1,005,000: Provided, That the Commission is
authorized to charge fees to cover the full costs of its publications,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further
appropriation.
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), $3,000,000: 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, $6,312,000: 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, $33,286,000, of which
$1,575,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks
and Public Lands Management Act of 1996, $24,400,000 shall be available
to the Presidio Trust, to remain available until expended, of which up
to $1,040,000 may be for the cost of guaranteed loans, as authorized by
section 104(d) of the Act: 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 $200,000,000. 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 $20,000,000.
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 the 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.
(d) Effective Date.--The provisions of this section are applicable
in fiscal year 2000 and thereafter.
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 1999.
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, 2000, 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. 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, 105-83, and 105-277 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 1999 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. 314. Notwithstanding any other provision of law, for fiscal
year 2000 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 or the Jobs in the
Woods Program established in Region 10 of the Forest Service to
individuals and entities in historically timber-dependent areas in the
States of Washington, Oregon, northern California and Alaska that have
been affected by reduced timber harvesting on Federal lands.
Sec. 315. 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. 316. (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 the
enactment of subsequent legislation specifically authorizing United
States participation in the Man and Biosphere program.
Sec. 317. None of the funds made available in this or any other Act
for any fiscal year may be used to designate, or to post any sign
designating, any portion of Canaveral National Seashore in Brevard
County, Florida, as a clothing-optional area or as an area in which
public nudity is permitted, if such designation would be contrary to
county ordinance.
Sec. 318. 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. 319. 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. 320. (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, including urban minorities, 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);
(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; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 321. 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; those
national forests where plans reach the 15 year legally mandated date to
revise before or during calendar year 2000; national forests within the
Interior Columbia Basin Ecosystem study area; 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 5-year program under
the Forest and Rangeland Renewable Resources Planning Act.
Sec. 323. None of the funds in this Act may be used to support
Government-wide administrative functions unless such functions are
justified in the budget process and funding is approved by the House
and Senate Committees on Appropriations.
Sec. 324. Notwithstanding any other provision of law, none of the
funds in this Act may be used for GSA Telecommunication Centers or the
President's Council on Sustainable Development.
Sec. 325. None of the funds in this Act may be used for planning,
design or construction of improvements to Pennsylvania Avenue in front
of the White House without the advance approval of the House and Senate
Committees on Appropriations.
Sec. 326. Notwithstanding any other provision of law, none of the
funds provided in this Act to the Indian Health Service or Bureau of
Indian Affairs may be used to enter into any new or expanded self-
determination contract or grant or self-governance compact pursuant to
the Indian Self-Determination Act of 1975, as amended, for any
activities not previously covered by such contracts, compacts or
grants. Nothing in this section precludes the continuation of those
specific activities for which self-determination and self-governance
contracts, compacts and grants currently exist or the renewal of
contracts, compacts and grants for those activities; implementation of
section 325 of Public Law 105-83 (111 Stat. 1597); or compliance with
25 U.S.C. 2005.
Sec. 327. Amounts deposited during fiscal year 1999 in the roads
and trails fund provided for in the fourteenth paragraph under the
heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843;
16 U.S.C. 501), shall be used by the Secretary of Agriculture, without
regard to the State in which the amounts were derived, to repair or
reconstruct roads, bridges, and trails on National Forest System lands
or to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of roads,
bridges, and trails on National Forest System lands in the wildland-
community interface where there is an abnormally high risk of fire. The
projects shall emphasize reducing risks to human safety and public
health and property and enhancing ecological functions, long-term
forest productivity, and biological integrity. The Secretary shall
commence the projects during fiscal year 2000, but the projects may be
completed in a subsequent fiscal year. Funds shall not be expended
under this section to replace funds which would otherwise appropriately
be expended from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environmental law.
Sec. 328. None of the funds made available in this Act may be used
to establish a national wildlife refuge in the Kankakee River watershed
in northwestern Indiana and northeastern Illinois.
Sec. 329. None of the funds provided in this or previous
appropriations Acts for the agencies funded by this Act or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be transferred to or used to support the Council on Environmental
Quality or other offices in the Executive Office of the President for
purposes related to the American Heritage Rivers program.
Sec. 330. Other than in emergency situations, none of the funds in
this Act may be used to operate telephone answering machines during
core business hours unless such answering machines include an option
that enables callers to reach promptly an individual on-duty with the
agency being contacted.
Sec. 331. Enhancing Forest Service Administration of Rights-of-way
and Land Uses. (a) The Secretary of Agriculture shall develop and
implement a pilot program for the purpose of enhancing forest service
administration of rights-of-way and other land uses. The authority for
this program shall be for fiscal years 2000 through 2004. Prior to the
expiration of the authority for this pilot program, the Secretary shall
submit a report to the House and Senate Committees on Appropriations,
and the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives that evaluates
whether the use of funds under this section resulted in more
expeditious approval of rights-of-way and special use authorizations.
This report shall include the Secretary's recommendation for statutory
or regulatory changes to reduce the average processing time for rights-
of-way and special use permit applications.
(b) Deposit of Fees.--Subject to subsections (a) and (f), during
fiscal years 2000 through 2004, the Secretary of Agriculture shall
deposit into a special account established in the Treasury all fees
collected by the Secretary to recover the costs of processing
applications for, and monitoring compliance with, authorizations to use
and occupy National Forest System lands pursuant to section 28(l) of
the Mineral Leasing Act (30 U.S.C. 185(l)), section 504(g) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)),
section 9701 of title 31, United States Code, and section 110(g) of the
National Historic Preservation Act (16 U.S.C. 470h-2(g)).
(c) Use of Retained Amounts.--Amounts deposited pursuant to
subsection (b) shall be available, without further appropriation, for
expenditure by the Secretary of Agriculture to cover costs incurred by
the Forest Service for the processing of applications for special use
authorizations and for monitoring activities undertaken in connection
with such authorizations. Amounts in the special account shall remain
available for such purposes until expended.
(d) Reporting Requirement.--In the budget justification documents
submitted by the Secretary of Agriculture in support of the President's
budget for a fiscal year under section 1105 of title 31, United States
Code, the Secretary shall include a description of the purposes for
which amounts were expended from the special account during the
preceding fiscal year, including the amounts expended for each purpose,
and a description of the purposes for which amounts are proposed to be
expended from the special account during the next fiscal year,
including the amounts proposed to be expended for each purpose.
(e) Definition of Authorization.--For purposes of this section, the
term ``authorizations'' means special use authorizations issued under
subpart B of part 251 of title 36, Code of Federal Regulations.
(f) Implementation.--This section shall take effect upon
promulgation of Forest Service regulations for the collection of fees
for processing of special use authorizations and for related monitoring
activities.
Sec. 332. Hardwood Technology Transfer and Applied Research. (a)
The Secretary of Agriculture (hereinafter the ``Secretary'') is hereby
and hereafter 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 hereby and hereafter authorized to operate and
utilize the assets of the Wood Education and Resource Center
(previously named the Robert C. Byrd Hardwood Technology Center in West
Virginia) as part of a newly formed ``Institute of Hardwood Technology
Transfer and Applied Research'' (hereinafter the ``Institute''). The
Institute, in addition to the Wood Education and Resource 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 Forest Service,
State and Private Forestry.
(d) The Secretary is hereby and hereafter 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.
(e) There are hereby and hereafter authorized to be appropriated
such sums as necessary to carry out the provisions of this section.
Sec. 333. No timber in Region 10 of the Forest Service 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
2000, 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 based on values in the Pacific Northwest as determined by
the Forest Service and stated in the timber sale contract. Should
Region 10 sell, in fiscal year 2000, 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 rates
specified in the timber sale contract in the contiguous 48 United
States shall be that volume: (1) which is surplus to the needs of
domestic processors in Alaska; and (2) 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. 334. For fiscal year 2000, with respect to inventorying,
monitoring, or surveying requirements for planning or management
activities on Federal land, the Secretary of Agriculture may comply
with part 219 of volume 36 of the Code of Federal Regulations and a
land and resource management plan, and the Secretary of the Interior
may comply with a resource management plan by using currently available
scientific data concerning any fish, wildlife, or plants not subject to
the Endangered Species Act, and by considering the availability of
habitat suitable for the particular species: Provided, That the
Secretaries may at their discretion determine whether additional
species population surveys should also be collected: Provided further,
That a project subject to the Northwest Forest Plan for which the
record of decision was signed by an agency official prior to the date
of the enactment of this Act may, at the discretion of the Secretaries,
be deemed to be implemented on the date the decision was signed.
Sec. 335. The Secretary of Agriculture and the Secretary of the
Interior shall:
(1) prepare the report required of them by section 323(a) of
the Fiscal Year 1998 Interior and Related Agencies Appropriations
Act (Public Law 105-83; 111 Stat. 1543, 1596-7);
(2) distribute the report and make such report available for
public comment for a minimum of 120 days; and
(3) include detailed responses to the public comment in any
final environmental impact statement associated with the Interior
Columbia Basin Ecosystem Management Project.
Sec. 336. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the
Senate for advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the Protocol.
Sec. 337. (a) Millsites Opinion.--No funds shall be expended by the
Department of the Interior or the Department of Agriculture, for fiscal
years 2000 and 2001, to limit the number or acreage of millsites based
on the ratio between the number or acreage of millsites and the number
or acreage of associated lode or placer claims with respect to any
patent application grandfathered pursuant to section 113 of the
Department of the Interior and Related Agencies, Appropriations Act,
1995; any operation or property for which a plan of operations has been
previously approved; or any operation or property for which a plan of
operations has been submitted to the Bureau of Land Management or
Forest Service prior to May 21, 1999.
(b) No Ratification.--Nothing in this Act or the Emergency
Supplemental Act of 1999 shall be construed as an explicit or tacit
adoption, ratification, endorsement or approval of the opinion dated
November 7, 1997, by the solicitor of the Department of the Interior
concerning millsites.
Sec. 338. The Forest Service, in consultation with the Department
of Labor, shall review Forest Service campground concessions policy to
determine if modifications can be made to Forest Service contracts for
campgrounds so that such concessions fall within the regulatory
exemption of 29 CFR 4.122(b). The Forest Service shall offer in fiscal
year 2000 such concession prospectuses under the regulatory exemption,
except that, any prospectus that does not meet the requirements of the
regulatory exemption shall be offered as a service contract in
accordance with the requirements of 41 U.S.C. 351-358.
Sec. 339. Pilot Program of Charges and Fees for Harvest of Forest
Botanical Products. (a) Definition of Forest Botanical Product.--For
purposes of this section, the term ``forest botanical product'' means
any naturally occurring mushrooms, fungi, flowers, seeds, roots, bark,
leaves, and other vegetation (or portion thereof) that grow on National
Forest System lands. The term does not include trees, except as
provided in regulations issued under this section by the Secretary of
Agriculture.
(b) Recovery of Fair Market Value for Products.--The Secretary of
Agriculture shall develop and implement a pilot program to charge and
collect not less than the fair market value for forest botanical
products harvested on National Forest System lands. The Secretary shall
establish appraisal methods and bidding procedures to ensure that the
amounts collected for forest botanical products are not less than fair
market value.
(c) Fees.--
(1) Imposition and collection.--Under the pilot program, the
Secretary of Agriculture shall also charge and collect fees from
persons who harvest forest botanical products on National Forest
System lands to recover all costs to the Department of Agriculture
associated with the granting, modifying, or monitoring the
authorization for harvest of the forest botanical products,
including the costs of any environmental or other analysis.
(2) Security.--The Secretary may require a person assessed a
fee under this subsection to provide security to ensure that the
Secretary receives the fees imposed under this subsection from the
person.
(d) Sustainable Harvest Levels for Forest Botanical Products.--The
Secretary of Agriculture shall conduct appropriate analyses to
determine whether and how the harvest of forest botanical products on
National Forest System lands can be conducted on a sustainable basis.
The Secretary may not permit under the pilot program the harvest of
forest botanical products at levels in excess of sustainable harvest
levels, as defined pursuant to the Multiple-Use Sustained-Yield Act of
1960 (16 U.S.C. 528 et seq.). The Secretary shall establish procedures
and timeframes to monitor and revise the harvest levels established for
forest botanical products.
(e) Waiver Authority.--
(1) Personal use.--The Secretary of Agriculture shall establish
a personal use harvest level for each forest botanical product, and
the harvest of a forest botanical product below that level by a
person for personal use shall not be subject to charges and fees
under subsections (b) and (c).
(2) Other exceptions.--The Secretary may also waive the
application of subsection (b) or (c) pursuant to such regulations
as the Secretary may prescribe.
(f) Deposit and Use of Funds.--
(1) Deposit.--Funds collected under the pilot program in
accordance with subsections (b) and (c) shall be deposited into a
special account in the Treasury of the United States.
(2) Funds available.--Funds deposited into the special account
in accordance with paragraph (1) in excess of the amounts collected
for forest botanical products during fiscal year 1999 shall be
available for expenditure by the Secretary of Agriculture under
paragraph (3) without further appropriation, and shall remain
available for expenditure until the date specified in subsection
(h)(2).
(3) Authorized uses.--The funds made available under paragraph
(2) shall be expended at units of the National Forest System in
proportion to the charges and fees collected at that unit under the
pilot program to pay for--
(A) in the case of funds collected under subsection (b),
the costs of conducting inventories of forest botanical
products, determining sustainable levels of harvest, monitoring
and assessing the impacts of harvest levels and methods, and
for restoration activities, including any necessary vegetation;
and
(B) in the case of fees collected under subsection (c), the
costs described in paragraph (1) of such subsection.
(4) Treatment of fees.--Funds collected under subsections (b)
and (c) shall not be taken into account for the purposes of the
following laws:
(A) The sixth paragraph under the heading ``forest
service'' in the Act of May 23, 1908 (16 U.S.C. 500) and
section 13 of the Act of March 1, 1911 (commonly known as the
Weeks Act; 16 U.S.C. 500).
(B) The fourteenth paragraph under the heading ``forest
service'' in the Act of March 4, 1913 (16 U.S.C. 501).
(C) Section 33 of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1012).
(D) The Act of August 8, 1937, and the Act of May 24, 1939
(43 U.S.C. 1181a et seq.).
(E) Section 6 of the Act of June 14, 1926 (commonly known
as the Recreation and Public Purposes Act; 43 U.S.C. 869-4).
(F) Chapter 69 of title 31, United States Code.
(G) Section 401 of the Act of June 15, 1935 (16 U.S.C.
715s).
(H) Section 4 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-6a).
(I) Any other provision of law relating to revenue
allocation.
(g) Reporting Requirements.--As soon as practicable after the end
of each fiscal year in which the Secretary of Agriculture collects
charges and fees under subsections (b) and (c) or expends funds from
the special account under subsection (f), the Secretary shall submit to
the Congress a report summarizing the activities of the Secretary under
the pilot program, including the funds generated under subsections (b)
and (c), the expenses incurred to carry out the pilot program, and the
expenditures made from the special account during that fiscal year.
(h) Duration of Pilot Program.--
(1) Charges and fees.--The Secretary of Agriculture may collect
charges and fees under the authority of subsections (b) and (c)
only during fiscal years 2000 through 2004.
(2) Use of special account.--The Secretary may make
expenditures from the special account under subsection (f) until
September 30 of the fiscal year following the last fiscal year
specified in paragraph (1). After that date, amounts remaining in
the special account shall be transferred to the general fund of the
Treasury.
Sec. 340. Title III, section 3001 of Public Law 106-31 is amended
by inserting after ``Alabama,'' the following: ``in fiscal year 1999 or
2000''.
Sec. 341. (a) The authority to enter into stewardship contracting
demonstration pilot projects provided to the Forest Service in
accordance with section 347 of title III of section 101(e) of division
A of Public Law 105-277 is hereby expanded to authorize the Forest
Service to enter into an additional nine projects in Region One.
(b) Section 347 of title III of section 101(e) of division A of
Public Law 105-277 is hereby amended--
(1) in subsection (a)--
(A) by inserting ``, via agreement or contract as
appropriate,'' before ``may enter into''; and
(B) by striking ``(28) contracts with private persons and''
and inserting ``(28) stewardship contracting demonstration
pilot projects with private persons or other public or
private'';
(2) in subsection (b), by striking ``contract'' and inserting
``project'';
(3) in subsection (c)--
(A) in the heading, by inserting ``Agreements or'' before
``Contracts'';
(B) in paragraph (1)--
(i) by striking ``a contract'' and inserting ``an
agreement or contract''; and
(ii) by striking ``private contracts'' and inserting
``private agreements or contracts'';
(C) in paragraph (3), by inserting ``agreement or'' before
``contracts''; and
(D) in paragraph (4), by inserting ``agreement or'' before
``contracts'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``a contract'' and
inserting ``an agreement or contract''; and
(B) in paragraph (2), by striking ``a contract'' and
inserting ``an agreement or contract''; and
(5) in subsection (g)--
(A) in the first sentence by striking ``contract'' and
inserting ``pilot project''; and
(B) in the last sentence--
(i) by inserting ``agreements or'' before
``contracts''; and
(ii) by inserting ``agreements or'' before
``contract''.
Sec. 342. Notwithstanding section 343 of Public Law 105-83,
increases in recreation residence fees shall be implemented in fiscal
year 2000 only to the extent that the fiscal year 2000 fees do not
exceed the fiscal year 1999 fee by more than $2,000.
Sec. 343. Federal monies appropriated for the purchase of land or
interests in land by the United States Forest Service (``Forest
Service'') in the Columbia River Gorge National Scenic Area
(``CRGNSA'') shall be used by the Forest Service in compliance with the
acquisition protocol set out in this section.
(a)(1) Acquisitions.--The Secretary of Agriculture (``the
Secretary'') is directed to make every reasonable effort to acquire
on or before March 15, 2000, pursuant to his existing authority,
land acquisition projects which the Forest Service has determined
to have been delayed for a significant time or which have not yet
been completed despite past direction through report language from
either the House or Senate Appropriations Committee (``the
Committees'').
(2) For the purposes of appraising the value of the lands or
interests in land the Forest Service may, at its discretion, apply
the standard found in A-10 of the Uniform Standards of Appraisal
for Federal Land Acquisitions as required by Public Law 91-646, as
amended, even if the lands or interests in land were purchased by
the current title holder subsequent to the enactment of the
Columbia River Gorge National Scenic Area Act (Public Law 99-663)
and before the effective date of this Act.
(b) Report to Congress.--On or before February 15, 2000, the
Secretary shall submit to the Senate and House Appropriations
Committees a report detailing the status of the potential land
acquisitions referenced above as well as any other pending
purchases of land or interests in land in the CRGNSA. If any of the
lands or interests in land referenced above have not been acquired
by February 15, 2000, the report should detail the specific issue
or issues preventing the acquisition or acquisitions from being
completed.
(c) Mediation.--If the Secretary's report, as described in
subsection (b) details issues other than disagreement over fair
market value which are preventing acquisitions from occurring, the
Secretary is directed to immediately make available to the
prospective seller or sellers non-binding mediation in an attempt
to resolve these non-fair market value issues. The Secretary shall
submit to the Committees a report on the status of any mediation on
or before April 15, 2000. The Secretary and prospective seller may
mediate any disagreement over fair market value if both the
Secretary and prospective seller agree mediation has the potential
to resolve the fair market value disagreement.
(d) Arbitration Requirement.--Any issues concerning differences
between the Secretary and the owners of the land or interest in
land referenced in subsection (a)(1) over the fair market value of
these lands or interests in land not resolved before April 15,
2000, shall be resolved using the arbitration process set out in
subsections (e) through (g) of this section.
(e) Selection of Arbitration Panel.--On or before April 15,
2000, the Secretary and the prospective seller each shall designate
one arbitrator, and instruct these two arbitrator designees to
appoint before May 1, 2000, a third arbitrator upon whom the
arbitrator designees mutually agree. At least two of the three
arbitrators shall be State certified appraisers possessing
qualifications consistent with State regulatory requirements that
meet the intent of title XI, Financial Institutions Reform,
Recovery and Enforcement Act of 1989, shall not be employed by the
United States of America, the prospective seller, or the
prospective seller's current or former legal counsel. The third
arbitrator shall be a member in good standing of either the bars of
Washington or Oregon and shall not be employed by the United States
of America, the prospective seller, or the prospective seller's
current or former legal counsel. Total compensation for the
arbitration panel shall not exceed $15,000.
(f) Written Material.--The Secretary and prospective seller
each may submit a maximum of 20 pages of argument to the
arbitration panel, in a format consistent with the format for
submitting written arguments established by the Ninth Circuit Court
of Appeals. Exhibits, affidavit, or declarations shall not be
submitted. No other written material may be submitted to the
arbitration panel except a copy of this legislation and copies of
qualified appraisals. The term ``qualified appraisals'' shall be
limited to appraisals prepared by State-certified appraisers
possessing qualifications consistent with the State regulatory
requirements that meet the intent of title XI, Financial
Institutions Reform, Recovery and Enforcement Act of 1989, and
complying with the Uniform Appraisal Standards for Federal Land
Acquisitions, which were submitted to the Secretary or prepared at
the direction of the Secretary either prior to the effective date
of this legislation or between the effective date and February 15,
2000. The Secretary and the prospective seller may submit no more
than one qualified appraisal each to the arbitration panel. Neither
the Secretary nor the prospective seller may submit to the
arbitration panel any qualified appraisal not provided to the
Secretary or the prospective seller on or before February 15, 2000.
All written materials must be submitted to the arbitration panel on
or before May 15, 2000.
(g) Decision of the Arbitration Panel.--On or before July 15,
2000, the arbitration panel shall convey to the prospective seller
and the Secretary one of the following findings: (1) that neither
qualified appraisal complies with Public Law 91-646 and with the
Uniform Appraisal Standards for Federal Land Acquisition (1992); or
(2) that at least one of the qualified appraisals complies with
Public Law 91-646 and with the Uniform Appraisal Standards for
Federal Land Acquisitions (1992), together with an advisory
decision recommending an amount the Secretary should offer the
prospective seller for his or her interest in real property. Upon
receipt of a recommendation by the arbitration panel, the Secretary
shall immediately notify the prospective seller and the CRGNSA of
the day the recommendation was received. The Secretary shall make a
determination to adopt or reject the arbitration panel's advisory
decision and notify the prospective seller and the CRGNSA of his
determination within 45 days of receipt of the advisory decision.
If at least one of the appraisals complies with Public Law 91-646,
and with the Uniform Appraisal Standards for Federal Land
Acquisition, the arbitration panel shall also make an advisory
finding on what portion of the arbitration panel's fees should be
paid by the Secretary and what portion of the arbitration panel's
fees should be paid by the prospective seller. The arbitration
panel is authorized to recommend these fees be borne entirely by
either the Secretary or the prospective seller.
(h) Admissibility.--Neither the fact that arbitration pursuant
to this section has occurred nor the recommendation of the
arbitration panel shall be admissible in any court or
administrative hearing.
(i) Expiration Date.--This section shall remain in effect
without respect to fiscal year limitations and expire on December
31, 2000.
Sec. 344. A project undertaken by the Forest Service under the
Recreation Fee Demonstration Program as authorized by section 315 of
the Department of the Interior and Related Agencies Appropriations Act
for Fiscal Year 1996, as amended, shall not result in--
(1) displacement of the holder of an authorization to provide
commercial recreation services on Federal lands. Prior to
initiating any project, the Secretary shall consult with
potentially affected holders to determine what impacts the project
may have on the holders. Any modifications to the authorization
shall be made within the terms and conditions of the authorization
and authorities of the impacted agency.
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided in
the past by a private sector provider, except when--
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its relationship
with the agency; or
(C) the agency revokes the permit for non-compliance with
the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee Demonstration
Program to provide for operations until a subsequent operator can be
found through the offering of a new prospectus.
Sec. 345. National Forest-Dependent Rural Communities Economic
Diversification. (a) Findings and Purposes.--Section 2373 of the
National Forest-Dependent Rural Communities Economic Diversification
Act of 1990 (7 U.S.C. 6611) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``national forests'' and
inserting ``National Forest System land'';
(B) in paragraph (4), by striking ``the national forests''
and inserting ``National Forest System land'';
(C) in paragraph (5), by striking ``forest resources'' and
inserting ``natural resources''; and
(D) in paragraph (6), by striking ``national forest
resources'' and inserting ``National Forest System land
resources''; and
(2) in subsection (b)(1)--
(A) by striking ``national forests'' and inserting
``National Forest System land''; and
(B) by striking ``forest resources'' and inserting
``natural resources''.
(b) Definitions.--Section 2374(1) of the National Forest-Dependent
Rural Communities Economic Diversification Act of 1990 (7 U.S.C.
6612(1)) is amended by striking ``forestry'' and inserting ``natural
resources''.
(c) Rural Forestry and Economic Diversification Action Teams.--
Section 2375(b) of the National Forest-Dependent Rural Communities
Economic Diversification Act of 1990 (7 U.S.C. 6613(b)) is amended--
(1) in the first sentence, by striking ``forestry'' and
inserting ``natural resources''; and
(2) in the second and third sentences, by striking ``national
forest resources'' and inserting ``National Forest System land
resources''.
(d) Action Plan Implementation.--Section 2376(a) of the National
Forest-Dependent Rural Communities Economic Diversification Act of 1990
(7 U.S.C. 6614(a)) is amended--
(1) by striking ``forest resources'' and inserting ``natural
resources''; and
(2) by striking ``national forest resources'' and inserting
``National Forest System land resources''.
(e) Training and Education.--Paragraphs (3) and (4) of section
2377(a) of the National Forest-Dependent Rural Communities Economic
Diversification Act of 1990 (7 U.S.C. 6615(a)) are amended by striking
``national forest resources'' and inserting ``National Forest System
land resources''.
(f) Loans to Economically Disadvantaged Rural Communities.--
Paragraphs (2) and (3) of section 2378(a) of the National Forest-
Dependent Rural Communities Economic Diversification Act of 1990 (7
U.S.C. 6616(a)) are amended by striking ``national forest resources''
and inserting ``National Forest System land resources''.
Sec. 346. Interstate 90 Land Exchange. (a) Section 604(a) of the
Interstate 90 Land Exchange Act of 1998 (Public Law 105-277; 112 Stat.
2681-326 (1998)) is hereby amended by adding at the end of the first
sentence: ``except title to offered lands and interests in lands
described in subparagraphs (Q), (R), (S), and (T) of section 605(c)(2)
must be placed in escrow by Plum Creek, according to terms and
conditions acceptable to the Secretary and Plum Creek, for a 3-year
period beginning on the later of the date of the enactment of this Act
or consummation of the exchange. During the period the lands are held
in escrow, Plum Creek shall not undertake any activities on these
lands, except for fire suppression and road maintenance, without the
approval of the Secretary, which shall not be unreasonably withheld''.
(b) Section 604(b) of the Interstate 90 Land Exchange Act of 1998
(Public Law 105-277; 112 Stat. 2681-326 (1998)) is hereby amended by
inserting after ``offered land'' the following: ``as provided in
section 604(a), and placement in escrow of acceptable title to the
offered lands described in subparagraphs (Q), (R), (S), and (T) of
section 605(c)(2)''.
(c) Section 604(b) is further amended by adding the following at
the end of the first sentence: ``except Township 19 North, Range 10
East, W.M., Section 4, Township 20 North, Range 10 East, W.M., Section
32, and Township 21 North, Range 14 East, W.M., W\1/2\W\1/2\ of Section
16, which shall be retained by the United States''. The appraisal
approved by the Secretary of Agriculture on July 14, 1999 (the
``Appraisal'') shall be adjusted by subtracting the values determined
for Township 19 North, Range 10 East, W.M., Section 4 and Township 20
North, Range 10 East, W.M., Section 32 during the Appraisal process in
the context of the whole estate to be conveyed.
(d) After adjustment of the Appraisal, the values of the offered
and selected lands, including the offered lands held in escrow, shall
be equalized as provided in section 605(c) except that the Secretary
also may equalize values through the following, including any
combination thereof--
(1) conveyance of any other lands under the jurisdiction of the
Secretary acceptable to Plum Creek and the Secretary after
compliance with all applicable Federal environmental and other
laws; and
(2) to the extent sufficient acceptable lands are not available
pursuant to paragraph (1) of this subsection, cash payments as and
to the extent funds become available through appropriations,
private sources, or, if necessary, by reprogramming.
(e) The Secretary shall promptly seek to identify lands acceptable
for conveyance to equalize values under paragraph (1) of subsection (d)
and shall, not later than May 1, 2000, provide a report to the Congress
outlining the results of such efforts.
(f) As funds or lands are provided to Plum Creek by the Secretary,
Plum Creek shall release to the United States deeds for lands and
interests in land held in escrow based on the values determined during
the Appraisal process in the context of the whole estate to be
conveyed. Deeds shall be released for lands and interests in lands in
the exact reverse order listed in section 605(c)(2).
(g) Section 606(d) is hereby amended to read as follows: ``the
Secretary and Plum Creek shall make the adjustments directed in section
604(b) and consummate the land exchange within 30 days of the enactment
of the Interstate 90 Land Exchange Amendment, unless the Secretary and
Plum Creek mutually agree to extend the consummation date''.
Sec. 347. The Snoqualmie National Forest Boundary Adjustment Act of
1999. (a) In General.--The boundary of the Snoqualmie National Forest
is hereby adjusted as generally depicted on a map entitled ``Snoqualmie
National Forest 1999 Boundary Adjustment'' dated June 30, 1999. Such
map, together with a legal description of all lands included in the
boundary adjustment, shall be on file and available for public
inspection in the office of the Chief of the Forest Service in
Washington, District of Columbia. Nothing in this subsection shall
limit the authority of the Secretary of Agriculture to adjust the
boundary pursuant to section 11 of the Weeks Law of March 1, 1911.
(b) Rule for Land and Water Conservation Fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9), the boundary of the Snoqualmie National Forest, as
adjusted by subsection (a), shall be considered to be the boundary of
the Forest as of January 1, 1965.
Sec. 348. Section 1770(d) of the Food Security Act of 1985 (7
U.S.C. 2276(d)) is amended by redesignating paragraph (10) as paragraph
(11) and by inserting after paragraph (9) the following new paragraph:
``(10) section 3(e) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(e));''.
Sec. 349. None of the funds appropriated or otherwise made
available by this Act may be used to implement or enforce any provision
in Presidential Executive Order No. 13123 regarding the Federal Energy
Management Program which circumvents or contradicts any statutes
relevant to Federal energy use and the measurement thereof.
Sec. 350. None of the funds made available by this Act may be used
for the physical relocation of grizzly bears into the Selway-Bitterroot
Wilderness of Idaho and Montana.
Sec. 351. Youth Conservation Corps and Related Partnerships. (a)
Notwithstanding any other provision of this Act, there shall be
available for high priority projects which shall be carried out by the
Youth Conservation Corps as authorized by Public Law 91-378, or related
partnerships with non-Federal youth conservation corps or entities such
as the Student Conservation Association, up to $1,000,000 of the funds
available to the Bureau of Land Management under this Act, in order to
increase the number of summer jobs available for youths, ages 15
through 22, on Federal lands.
(b) Within 6 months after the date of the enactment of this Act,
the Secretary of Agriculture and the Secretary of the Interior shall
jointly submit a report to the House and Senate Committees on
Appropriations and the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of Representatives
that includes the following--
(1) the number of youths, ages 15 through 22, employed during
the summer of 1999, and the number estimated to be employed during
the summer of 2000, through the Youth Conservation Corps, the
Public Land Corps, or a related partnership with a State, local or
nonprofit youth conservation corps or other entities such as the
Student Conservation Association;
(2) a description of the different types of work accomplished
by youths during the summer of 1999;
(3) identification of any problems that prevent or limit the
use of the Youth Conservation Corps, the Public Land Corps, or
related partnerships to accomplish projects described in subsection
(a);
(4) recommendations to improve the use and effectiveness of
partnerships described in subsection (a); and
(5) an analysis of the maintenance backlog that identifies the
types of projects that the Youth Conservation Corps, the Public
Land Corps, or related partnerships are qualified to complete.
Sec. 352. (a) North Pacific Research Board.--Section 401 of Public
Law 105-83 is amended as follows:
(1) In subsection (c)--
(A) by striking ``available for appropriation, to the
extent provided in the subsequent appropriations Acts,'' and
inserting ``made available'';
(B) by inserting ``To the extent provided in the subsequent
appropriations Acts,'' at the beginning of paragraph (1);
(C) by inserting ``without further appropriation'' after
``20 percent of such amounts shall be made available''; and
(2) by striking subsection (f).
Sec. 353. None of the funds in this Act may be used by the
Secretary of the Interior to issue a prospecting permit for hardrock
mineral exploration on Mark Twain National Forest land in the Current
River/Jack's Fork River--Eleven Point Watershed (not including Mark
Twain National Forest land in Townships 31N and 32N, Range 2 and Range
3 West, on which mining activities are taking place as of the date of
the enactment of this Act): Provided, That none of the funds in this
Act may be used by the Secretary of the Interior to segregate or
withdraw land in the Mark Twain National Forest, Missouri under section
204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1714).
Sec. 354. Public Law 105-83, the Department of the Interior and
Related Agencies Appropriations Act of November 17, 1997, title III,
section 331 is hereby amended by adding before the period: ``: Provided
further, That to carryout the provisions of this section, the Bureau of
Land Management and the Forest Service may establish Transfer
Appropriation Accounts (also known as allocation accounts) as needed''.
Sec. 355. White River National Forest.--The Forest Service shall
extend the public comment period on the White River National Forest
plan revision for 90 days beyond February 9, 2000.
Sec. 356. The first section of Public Law 99-215 (99 Stat. 1724),
as amended by section 597 of the Water Resources Development Act of
1999 (Public Law 106-53), is further amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) The National Capital Planning Commission shall vacate and
terminate an Easement and Declaration of Covenants, dated February 2,
1989, conveyed by the owner of the adjacent real property pursuant to
subsection (b)(1)(D) in exchange for, and not later than 30 days after,
the vacation and termination of the Deed of Easement, dated January 4,
1989, conveyed by the Maryland National Capital Park and Planning
Commission pursuant to subsection (b)(1).
``(d) Effective on the date of the enactment of this subsection,
the memorandum of May 7, 1985, and any amendments thereto, shall
terminate.''.
Sec. 357. (a) The Secretary of the Interior, as part of the
President's budget submittal for fiscal year 2001, shall include a
detailed plan for implementing the recommendations of the National
Academy of Sciences/National Research Council's study entitled
``Hardrock Mining on Federal Lands'', including information on the
levels of funding and personnel utilized to administer the existing
hardrock mining environmental and reclamation regulations of the Bureau
of Land Management in fiscal years 1999 and 2000, as well as
recommended appropriations for fiscal year 2001 and thereafter to
achieve the improvements in the implementation of those regulations
recommended by the study. The Secretary's plan shall also include
proposed legislation deemed necessary to implement any of the study's
recommendations including proposals addressing: (1) statutory
authorities for Federal land managing agencies to issue administrative
penalties for violations of their regulatory requirements, subject to
appropriate due process; and (2) appropriate modifications to existing
environmental laws to allow and promote the cleanup of abandoned mine
sites in or adjacent to new mine areas.
(b) None of the funds in this Act may be used by the Secretary of
the Interior to promulgate final rules to revise 43 CFR subpart 3809,
or to finalize the accompanying draft environmental impact statement.
TITLE IV--MISSISSIPPI NATIONAL FOREST IMPROVEMENT ACT OF 1999
SEC. 401. SHORT TITLE.
This title may be cited as the ``Mississippi National Forest
Improvement Act of 1999''.
SEC. 402. DEFINITIONS.
In this title:
(1) Agreement.--The term ``Agreement'' means the Agreement
described in section 405(a).
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(3) State.--The term ``State'' means the State of
Mississippi.
(4) University.--The term ``University'' means the University
of Mississippi.
(5) University land.--The term ``University land'' means land
described in section 404(a).
SEC. 403. CONVEYANCE OF ADMINISTRATIVE SITES AND SMALL PARCELS.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the following tracts
of land in the State:
(1) Gulfport Laboratory Site, consisting of approximately 10
acres, as depicted on the map entitled ``Gulfport Laboratory Site,
May 21, 1998''.
(2) Raleigh Dwelling Site No. 1, consisting of approximately
0.44 acre, as depicted on the map entitled ``Raleigh Dwelling Site
No. 1, May 21, 1998''.
(3) Raleigh Dwelling Site No. 2, consisting of approximately
0.47 acre, as depicted on the map entitled ``Raleigh Dwelling Site
No. 2, May 21, 1998''.
(4) Rolling Fork Dwelling Site, consisting of approximately
0.303 acre, as depicted on the map entitled ``Rolling Fork Dwelling
Site, May 21, 1998''.
(5) Gloster Dwelling Site, consisting of approximately 0.55
acre, as depicted on the map entitled ``Gloster Dwelling Site, May
21, 1998''.
(6) Gloster Office Site, consisting of approximately 1.00 acre,
as depicted on the map entitled ``Gloster Office Site, May 21,
1998''.
(7) Gloster Work Center Site, consisting of approximately 2.00
acres, as depicted on the map entitled ``Gloster Work Center Site,
May 21, 1998''.
(8) Holly Springs Dwelling Site, consisting of approximately
0.31 acre, as depicted on the map entitled ``Holly Springs Dwelling
Site, May 21, 1998''.
(9) Isolated parcels of National Forest land located in
Township 5 South, Ranges 12 and 13 West, and in Township 3 North,
Range 12 West, sections 23, 33, and 34, St. Stephens Meridian.
(10) Isolated parcels of National Forest land acquired after
the date of the enactment of this Act from the University of
Mississippi located in George and Jackson Counties.
(11) Approximately 20 acres of National Forest land and
structures located in Township 6 North, Range 3 East, Section 30,
Washington Meridian.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, or improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this section,
any sale or exchange of land under subsection (a) shall be subject to
the laws (including regulations) applicable to the conveyance and
acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(e) Solicitation of Offers.--
(1) In general.--The Secretary may solicit offers for the sale
or exchange of land under this section on such terms and conditions
as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any offer
made under this section if the Secretary determines that the offer
is not adequate or not in the public interest.
(f) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under subsection (a) in the fund established
under Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(g) Use of Proceeds.--Funds deposited under subsection (f) shall be
available until expended for--
(1) the construction of a research laboratory and office
facility at the Forest Service administrative site located at the
Mississippi State University at Starkville, Mississippi;
(2) the acquisition, construction, or improvement of
administrative facilities in connection with units of the National
Forest System in the State; and
(3) the acquisition of land and interests in land for units of
the National Forest System in the State.
SEC. 404. DE SOTO NATIONAL FOREST ADDITION.
(a) Acquisition.--The Secretary may acquire for fair market value
all right, title, and interest in land owned by the University of
Mississippi within or near the boundaries of the De Soto National
Forest in Stone, George, and Jackson Counties, Mississippi, comprising
approximately 22,700 acres.
(b) Boundaries.--
(1) In general.--The boundaries of the De Soto National Forest
shall be modified as depicted on the map entitled ``De Soto
National Forest Boundary Modification--April, 1999'' to include any
acquisition of University land under this section.
(2) Availability of map.--The map described in paragraph (1)
shall be available for public inspection in the office of the Chief
of the Forest Service in Washington, District of Columbia.
(3) Allocation of moneys for federal purposes.--For the purpose
of section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the De Soto National Forest,
as modified by this subsection, shall be considered the boundaries
of the De Soto National Forest as of January 1, 1965.
(c) Management.--
(1) In general.--The Secretary shall assume possession and all
management responsibilities for University land acquired under this
section on the date of acquisition.
(2) Cooperative management agreement.--For the fiscal year
containing the date of the enactment of this Act and each of the
four fiscal years thereafter, the Secretary may enter into a
cooperative agreement with the University that provides for Forest
Service management of any University land acquired, or planned to
be acquired, under this section.
(3) Administration.--University land acquired under this
section shall be--
(A) subject to the Act of March 1, 1911 (16 U.S.C. 480 et
seq.) (commonly known as the ``Weeks Act'') and other laws
(including regulations) pertaining to the National Forest
System; and
(B) managed in a manner that is consistent with the land
and resource management plan applicable to the De Soto National
Forest on the date of the enactment of this Act, until the plan
is revised in accordance with the regularly scheduled process
for revision.
SEC. 405. FRANKLIN COUNTY LAND.
(a) In General.--The Agreement dated April 24, 1999, entered into
between the Secretary, the State, and the Franklin County School Board
that provides for the Federal acquisition of land owned by the State
for the construction of the Franklin Lake Dam in Franklin County,
Mississippi, is ratified and the parties to the Agreement are
authorized to implement the terms of the Agreement.
(b) Federal Grant.--
(1) In general.--Subject to reservations and exceptions
contained in the Agreement, there is granted and quit claimed to
the State all right, title, and interest of the United States in
the federally-owned land described in Exhibit A to the Agreement.
(2) Management.--The land granted to the State under the
Agreement shall be managed as school land grants.
(c) Acquisition of State Land.--
(1) In general.--All right, title, and interest in and to the
655.94 acres of land described as Exhibit B to the Agreement is
vested in the United States along with the right of immediate
possession by the Secretary.
(2) Compensation.--Compensation owed to the State and the
Franklin County School Board for the land described in paragraph
(1) shall be provided in accordance with the Agreement.
(d) Correction of Descriptions.--The Secretary and the Secretary of
State of the State may, by joint modification of the Agreement, make
minor corrections to the descriptions of the land described on Exhibits
A and B to the Agreement.
(e) Security Interest.--
(1) In general.--Any cash equalization indebtedness owed to the
United States pursuant to the Agreement shall be secured only by
the timber on the granted land described in Exhibit A of the
Agreement.
(2) Loss of security.--The United States shall have no recourse
against the State or the Franklin County School Board as the result
of the loss of the security described in paragraph (1) due to fire,
insects, natural disaster, or other circumstance beyond the control
of the State or Board.
(3) Release of liens.--On payment of cash equalization as
required by the Agreement, the Secretary (or the Supervisor of the
National Forests in the State or other authorized representative of
the Secretary) shall release any liens on the granted land
described in Exhibit A of the Agreement.
SEC. 406. DISPOSITION OF FUNDS FROM LAND CONVEYANCES.
(a) In General.--The Secretary shall deposit any funds received by
the United States from land conveyances authorized under section 405 in
the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly
known as the ``Sisk Act'').
(b) Use.--Funds deposited in the fund under subsection (a) shall be
available until expended for the acquisition of land and interests in
land for the National Forest System in the State.
(c) Partial Distribution.--Any funds received by the United States
from land conveyances authorized under this Act shall not be subject to
partial distribution to the State under--
(1) the Act entitled ``An Act making appropriations for the
Department of Agriculture for the fiscal year ending June
thirtieth, nineteen hundred and nine'', approved May 23, 1908 (35
Stat. 260, chapter 192; 16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (36 Stat. 963,
chapter 186; 16 U.S.C. 500); or
(3) any other law.
SEC. 407. PHOTOGRAPHIC REPRODUCTIONS AND MAPS.
Section 387 of the Act of February 16, 1938 (7 U.S.C. 1387) is
amended in the first sentence--
(1) by striking ``such'' the first place it appears and
inserting ``information such as geo-referenced data from all
sources,'';
(2) by striking ``(not less than estimated cost of furnishing
such reproductions)''; and
(3) by inserting after ``determine'' the following: ``(but not
less than the estimated costs of data processing, updating,
revising, reformatting, repackaging and furnishing the
reproductions and information)''.
SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
TITLE V--UNITED MINE WORKERS OF AMERICA COMBINED BENEFIT FUND
Sec. 501. Notwithstanding any other provision of law, an amount of
$68,000,000 in interest credited to the fund established by section 401
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231) for fiscal years 1993 through 1995 not transferred to the
Combined Fund identified in section 402(h)(2) of such Act shall be
transferred to such Combined Fund within 30 days after the enactment of
this Act to pay the amount of any shortfall in any premium account for
any plan year under the Combined Fund. The entire amount transferred by
this section is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2000''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.