[Congressional Record Volume 141, Number 115 (Monday, July 17, 1995)]
[House]
[Pages H7062-H7064]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PERSONAL EXPLANATION

  Mr. VOLKMER. Mr. Chairman, on Thursday, July 13, 1995, I missed 
rollcall votes during consideration of H.R. 1977, Interior 
appropriations for fiscal year 1996.
  On rollcall votes Nos. 503 and 504, if present I would have voted no. 
On rollcall votes Nos. 508, 509, and 510, if present I would have voted 
aye.
  I request that this explanation be included in the Congressional 
Record.

                              {time}  2215

  The CHAIRMAN. The Clerk will designate title III.
  The text of title III is as follows:
                     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 notice of such assessments and the basis therefor are 
     presented to the Committees on Appropriations and are 
     approved by such Committees.
       Sec. 307. (a) Compliance With Buy American Act.--None of 
     the funds made available in this Act may be expended by an 
     entity unless the entity agrees that in expending the funds 
     the entity will comply with sections 2 through 4 of the Act 
     of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the 
     ``Buy American Act'').
       (b) Sense of Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each Federal agency shall provide to each 
     recipient of the assistance a notice describing the statement 
     made in paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 308. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 1995.
       Sec. 309. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or 

[[Page H 7063]]
     implement a concession contract which permits or requires the removal 
     of the underground lunchroom at the Carlsbad Caverns National 
     Park.
       Sec. 310. Where the actual costs of construction projects 
     under self-determination contracts, compacts, or grants, 
     pursuant to Public Laws 93-638, 100-413, or 100-297, are less 
     than the estimated costs thereof, use of the resulting excess 
     funds shall be determined by the appropriate Secretary after 
     consultation with the tribes.
       Sec. 311. Notwithstanding Public Law 103-413, quarterly 
     payments of funds to tribes and tribal organizations under 
     annual funding agreements pursuant to section 108 of Public 
     Law 93-638, as amended, may be made on the first business day 
     following the first day of a fiscal quarter.
       Sec. 312. None of funds in this Act may be used for the 
     Americorps program.
       Sec. 313. (a) On or before April 1, 1996, the Pennsylvania 
     Avenue Development Corporation shall--
       (1) transfer and assign in accordance with this section all 
     of its rights, title, and interest in and to all of the 
     leases, covenants, agreements, and easements it has executed 
     or will execute by March 31, 1996, in carrying out its powers 
     and duties under the Pennsylvania Avenue Development 
     Corporation Act (40 U.S.C. 871-885) and the Federal Triangle 
     Development Act (40 U.S.C. 1101-1109) to the General Services 
     Administration, National Capital Planning Commission, or the 
     National Park Service; and
       (2) except as provided by subsection (d), transfer all 
     rights, title, and interest in and to all property, both real 
     and personal, held in the name of the Pennsylvania Avenue 
     Development Corporation to the General Services 
     Administration.
       (b) The responsibilities of the Pennsylvania Avenue 
     Development Corporation transferred to the General Services 
     Administration under subsection (a) include, but are not 
     limited to, the following:
       (1) Collection of revenue owed the Federal Government as a 
     result of real estate sales or lease agreements entered into 
     by the Pennsylvania Avenue Development Corporation and 
     private parties, including, at a minimum, with respect to the 
     following projects:
       (A) The Willard Hotel property on Square 225.
       (B) The Gallery Row project on Square 457.
       (C) The Lansburgh's project on Square 431.
       (D) The Market Square North project on Square 407.
       (2) Collection of sale or lease revenue owed the Federal 
     Government (if any) in the event two undeveloped sites owned 
     by the Pennsylvania Avenue Development Corporation on Squares 
     457 and 406 are sold or leased prior to April 1, 1996.
       (3) Application of collected revenue to repay United States 
     Treasury debt incurred by the Pennsylvania Avenue Development 
     Corporation in the course of acquiring real estate.
       (4) Performing financial audits for projects in which the 
     Pennsylvania Avenue Development Corporation has actual or 
     potential revenue expectation, as identified in paragraphs 
     (1) and (2), in accordance with procedures describe in 
     applicable sale or lease agreements.
       (5) Disposition of real estate properties which are or 
     become available for sale and lease or other uses.
       (6) Payment of benefits in accordance with the Uniform 
     Relocation Assistance and Real Property Acquisitions Policies 
     Act of 1970 to which persons in the project area squares are 
     entitled as a result of the Pennsylvania Avenue Development 
     Corporation's acquisition of real estate.
       (7) Carrying out the responsibilities of the Pennsylvania 
     Avenue Development Corporation under the Federal Triangle 
     Development Act (40 U.S.C. 1101-1109), including 
     responsibilities for managing assets and liabilities of the 
     Corporation under such Act.
       (c) In carrying out the responsibilities of the 
     Pennsylvania Avenue Development Corporation transferred under 
     this section, the Administrator of the General Services 
     Administration shall have the following powers:
       (1) To acquire lands, improvements, and properties by 
     purchase, lease or exchange, and to sell, lease, or otherwise 
     dispose of real or personal property as necessary to complete 
     the development plan developed under section 5 of the 
     Pennsylvania Avenue Development Corporation Act of 1972 (40 
     U.S.C. 874) if a notice of intention to carry out such 
     acquisition or disposal is first transmitted to the Committee 
     on Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Environment and Public Works and the Committee 
     on Appropriations of the Senate and at least 60 days elapse 
     after the date of such transmission.
       (2) To modify from time to time the plan referred to in 
     paragraph (1) if such modification is first transmitted to 
     the Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Environment and Public Works and the 
     Committee on Appropriations of the Senate and at least 60 
     days elapse after the date of such transmission.
       (3) To maintain any existing Pennsylvania Avenue 
     Development Corporation insurance programs.
       (4) To enter into and perform such leases, contracts, or 
     other transactions with any agency or instrumentality of the 
     United States, the several States, or the District of 
     Columbia or with any person, firm, association, or 
     corporation as may be necessary to carry out the 
     responsibilities of the Pennsylvania Avenue Development 
     Corporation under the Federal Triangle Development Act (40 
     U.S.C. 1101-1109).
       (5) To request the Council of the District of Columbia to 
     close any alleys necessary for the completion of development 
     in Square 457.
       (6) To use all of the funds transferred from the 
     Pennsylvania Avenue Development Corporation or income earned 
     on Pennsylvania Avenue Development Corporation property to 
     complete any pending development projects.
       (d)(1)(A) On or before April 1, 1996, the Pennsylvania 
     Avenue Development Corporation shall transfer all its right, 
     title, and interest in and to the property described in 
     subparagraph (B) to the National Park Service, Department of 
     the Interior.
       (B) The property referred to in subparagraph (A) is the 
     property located within the Pennsylvania Avenue National 
     Historic Site depicted on a map entitled ``Pennsylvania 
     Avenue National Historic Park'', dated June 1, 1995, and 
     numbered 840-82441, which shall be on file and available for 
     public inspection in the offices of the National Park 
     Service, Department of the Interior. The Pennsylvania Avenue 
     National Historic Site includes the parks, plazas, sidewalks, 
     special lighting, trees, sculpture, and memorials.
       (2) Jurisdiction of Pennsylvania Avenue and all other 
     roadways from curb to curb shall remain with the District of 
     Columbia but vendors shall not be permitted to occupy street 
     space except during temporary special events.
       (3) The National Park Service shall be responsible for 
     management, administration, maintenance, law enforcement, 
     visitor services, resource protection, interpretation, and 
     historic preservation at the Pennsylvania Avenue National 
     Historic Site.
       (4) The National Park Service may enter into contracts, 
     cooperative agreements, or other transactions with any agency 
     or instrumentality of the United States, the several States, 
     or the District of Columbia or with any person, firm, 
     association, or corporation as may be deemed necessary or 
     appropriate for the conduct of special events, festivals, 
     concerts, or other art and cultural programs at the 
     Pennsylvania Avenue National Historic Site or may establish a 
     nonprofit foundation to solicit funds for such activities.
       (e) Notwithstanding any other provision of law, the 
     responsibility for ensuring that development or redevelopment 
     in the Pennsylvania Avenue area is carried out in accordance 
     with the Pennsylvania Avenue Development Corporation Plan--
     1974, as amended, is transferred to the National Capital 
     Planning Commission or its successor commencing April 1, 
     1996.
       (f) Savings Provisions.--
       (1) Regulations.--Any regulations prescribed by the 
     Corporation in connection with the Pennsylvania Avenue 
     Development Corporation Act of 1972 (40 U.S.C. 871-885) and 
     the Federal Triangle Development Act (40 U.S.C. 1101-1109) 
     shall continue in effect until suspended by regulations 
     prescribed by the Administrator of the General Services 
     Administration.
       (2) Existing rights, duties, and obligations not 
     affected.--Subsection (a) shall not be construed as affecting 
     the validity of any right, duty, or obligation of the United 
     States or any other person arising under or pursuant to any 
     contract, loan, or other instrument or agreement which was in 
     effect on the day before the date of the transfers under 
     subsection (a).
       (3) Continuation of suits.--No action or other proceeding 
     commenced by or against the Corporation in connection with 
     administration of the Pennsylvania Avenue Development 
     Corporation Act of 1972 (40 U.S.C. 871-885) and the Federal 
     Triangle Development Act (40 U.S.C. 1101-1109) shall abate by 
     reason of enactment and implementation of this Act, except 
     that the General Services Administration shall be substituted 
     for the Corporation as a party to any such action or 
     proceeding.
       (g) Section 3(b) of the Pennsylvania Avenue Development 
     Corporation Act of 1972 (40 U.S.C. 872(b)) is amended as 
     follows:
       ``(b) The Corporation shall be dissolved on April 1, 1996. 
     Upon dissolution, assets, obligations, and indebtedness of 
     the Corporation shall be transferred in accordance with the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 1996.''.
       Sec. 314. (a) Except as provided in subsection (b), no part 
     of any appropriation contained in this Act or any other Act 
     shall be obligated or expended for the operation or 
     implementation of the Interior Columbia River Basin Ecoregion 
     Assessment Project (hereinafter ``Project'').
       (b) From the funds appropriated to the Forest Service and 
     the Bureau of Land Management, $600,000 is made available to 
     publish by January 1, 1996, for peer review and public 
     comment, the scientific information collected, and analysis 
     undertaken, by the Project prior to the date of enactment of 
     this Act concerning forest health conditions and forest 
     management needs related to those conditions.
       (c)(1) From the funds appropriated to the Forest Service, 
     the Secretary of Agriculture (hereinafter ``Secretary'') 
     shall--
       (A) review the land and resource management plan 
     (hereinafter ``plan'') for each national forest within the 
     area encompassed by the Project and any policy which is 
     applicable to such plan (whether or not such policy 

[[Page H 7064]]
     is final or draft, or has been added to such plan by amendment), which 
     is or is intended to be of limited duration, and which the 
     Project was tasked to address; and
       (B) determine whether such policy modified to meet the 
     specific conditions of such national forest, or another 
     policy which serves the purpose of such policy, should be 
     adopted for such national forest.
       (2) If the Secretary makes a decision that such a modified 
     or alternative policy should be adopted for such national 
     forest, the Secretary shall prepare and adopt for the plan 
     for such national forest an amendment which contains such 
     policy, which is directed solely to and affects only such 
     plan, and which addresses the specific conditions of the 
     national forest and the relationship of such policy to such 
     conditions.
       (3) To the maximum extent practicable, any amendment 
     prepared pursuant to paragraph (2) shall establish procedures 
     to develop site-specific standards in lieu of imposing 
     general standards applicable to multiple sites. Any amendment 
     which would result in any change in land allocations within 
     the plan or reduce the likelihood of achievement of the goals 
     and objectives of the plan (prior to any previous amendment 
     incorporating in the plan any policy referred to in paragraph 
     (1)(A)) shall be deemed a significant plan amendment pursuant 
     to section 6(f)(4) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(f)(4)).
       (4) Any amendment prepared pursuant to paragraph (2) which 
     adopts a modified or alternative policy to substitute for a 
     policy referred to in paragraph (1)(A) which has undergone 
     consultation pursuant to section 7 of the Endangered Species 
     Act of 1973 shall not again be subject to the consultation 
     provisions of such section 7. No further consultation shall 
     be undertaken on any policy referred to in paragraph (1)(A).
       (5) Any amendment prepared pursuant to paragraph (2) shall 
     be adopted on or before March 31, 1996: Provided, That any 
     amendment deemed a significant amendment pursuant to 
     paragraph (3) shall be adopted on or before June 30, 1996.
       (6) No policy referred to in paragraph (1)(A) shall be 
     effective on or after April 1, 1996.
       Sec. 315. (a) The Secretary of the Interior (acting through 
     the Bureau of Land Management, the National Park Service and 
     the United States Fish and Wildlife Service) and the 
     Secretary of Agriculture (acting through the Forest Service) 
     shall each implement a fee program to demonstrate the 
     feasibility of user-generated cost recovery for the operation 
     and maintenance of recreation sites and habitat enhancement 
     projects on Federal lands.
       (b) In carrying out the pilot program established pursuant 
     to this section, the appropriate Secretary shall select from 
     areas under the jurisdiction of each of the four agencies 
     referred to in subsection (a) no fewer than 10, but as many 
     as 30, sites or projects for fee demonstration. For each such 
     demonstration, the Secretary, notwithstanding any other 
     provision of law--
       (1) shall charge and collect fees for admission to the area 
     or for the use of outdoor recreation sites, facilities, 
     visitor centers, equipment, and services by individuals and 
     groups, or any combination thereof;
       (2) shall establish fees under this section based upon a 
     variety of cost recovery and fair market valuation methods to 
     provide a broad basis for feasibility testing;
       (3) may contract with any public or private entity to 
     provide visitor services, including reservations and 
     information, and may accept services of volunteers to collect 
     fees charged pursuant to paragraph (1); and
       (4) may encourage private investment and partnerships to 
     enhance the delivery of quality customer services and 
     resource enhancement, and provide appropriate recognition to 
     such partners or investors.
       (c)(1) Amounts collected at each fee demonstration site in 
     excess of 104 percent of that site's total collections during 
     the previous fiscal year shall be distributed as follows:
       (i) Eighty percent of the amounts collected at the 
     demonstration site shall be deposited in a special account in 
     the Treasury established for the administrative unit in which 
     the project is located and shall remain available for 
     expenditure in accordance with paragraph (3) for further 
     activities of the site or project.
       (ii) Twenty percent of the amounts collected at the 
     demonstration site shall be deposited in a special account in 
     the Treasury for each agency and shall remain available for 
     expenditure in accordance with paragraph (3) for use on an 
     agencywide basis.
       (2) For purposes of this subsection, ``total collections'' 
     for each site shall be defined as gross collections before 
     any reduction for amounts attributable to collection costs.
       (3) Expenditures from the special funds shall be accounted 
     for separately.
       (4) In order to increase the quality of the visitor 
     experience at public recreational areas and enhance the 
     protection of resources, amounts available for expenditure 
     under paragraph (1) may only be used for the site or project 
     concerned, for backlogged repair and maintenance projects 
     (including projects relating to health and safety) and for 
     interpretation, signage, habitat or facility enhancement, 
     resource preservation, annual operation, maintenance, and law 
     enforcement relating to public use. The agencywide accounts 
     may be used for the same purposes set forth in the preceding 
     sentence, but for sites or projects selected at the 
     discretion of the respective agency head.
       (d)(1) Amounts collected under this section shall not be 
     taken into account for the purposes of the Act of May 23, 
     1908 and the Act of March 1, 1911 (16 U.S.C. 500), the Act of 
     March 4, 1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 
     U.S.C. 1012), the Act of August 8, 1937 and the Act of May 
     24, 1939 (43 U.S.C. 1181f et seq.), the Act of June 14, 1926 
     (43 U.S.C. 869-4), chapter 69 of title 31, United States 
     Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 
     715s), the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l), and any other provision of law relating to 
     revenue allocation.
       (2) Fees charged pursuant to this section shall be in lieu 
     of fees charged under any other provision of law.
       (e) The Secretary of the Interior and the Secretary of 
     Agriculture shall carry out this section without promulgating 
     regulations.
       (f) The authority to collect fees under this section shall 
     commence on October 1, 1995, and end on September 30, 1996. 
     Funds in accounts established shall remain available through 
     September 30, 1997.
       Sec. 316. The Forest Service and Bureau of Land Management 
     may offer for sale salvageable timber in the Pacific 
     Northwest in fiscal year 1996: Provided, That for public 
     lands known to contain the Northern spotted owl, such salvage 
     sales may be offered as long as the offering of such sale 
     will not render the area unsuitable as habitat for the 
     Northern spotted owl: Provided further, That timber salvage 
     activity in spotted owl habitat is to be done in full 
     compliance with all existing environmental and forest 
     management laws.
       Sec. 317. None of the funds made available in this Act may 
     be used for any program, project, or activity when it is made 
     known to the Federal entity or official to which the funds 
     are made available that the program, project, or activity is 
     not in compliance with any applicable Federal law relating to 
     risk assessment, the protection of private property rights, 
     or unfunded mandates.

  Mr. REGULA. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Gutknecht) having assumed the chair, Mr. Burton, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 1977) 
making appropriations for the Department of the Interior and related 
agencies for the fiscal year ending September 30, 1996, and for other 
purposes, had come to no resolution thereon.

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