Congressional Record, Volume 142 Issue 126 (Friday, September 13, 1996)

[Congressional Record Volume 142, Number 126 (Friday, September 13, 1996)]
[Senate]
[Pages S10512-S10533]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT FOR
FISCAL YEAR 1997

The PRESIDING OFFICER. Under the previous order, the Senate will now
proceed to the consideration of H.R. 3662, which the clerk will report.
The assistant legislative clerk read as follows:

A bill (H.R. 3662) making appropriations for the Department
of the Interior and related agencies for the fiscal year
ending September 30, 1997, and for other purposes.

The Senate proceeded to consider the bill, which had been reported
from the Committee on Appropriations, with amendments; as follows:

(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)

H.R. 3662

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, 1997, 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)),
[$566,514,000] $578,692,000, to remain available until
expended, of which [$2,000,000] $2,010,000 shall be available
for assessment of the mineral potential of public lands in
Alaska pursuant to section 1010 of Public Law 96-487 (16
U.S.C. 3150); and of which $3,000,000 shall be derived from
the special receipt account established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i));
and of which $1,000,000 shall be available in fiscal year
1997 subject to a match by at least an equal amount by the
National Fish and Wildlife Foundation, to such Foundation for
challenge cost share projects supporting fish and wildlife
conservation affecting Bureau lands; in addition, $27,300,000
for Mining Law Administration program operations, to remain
available until expended, to be reduced by amounts collected
by the Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation
estimated at not more than [$566,514,000] $578,692,000; and
in addition, not to exceed $5,000,000, to remain available
until expended, from annual mining claim fees; which shall be
credited to this account for the costs of administering the
mining claim fee program, and $2,000,000 from communication
site rental fees established by the Bureau for the cost of
administering communication site activities: Provided, That
appropriations herein made shall not be available for the
destruction of healthy, unadopted, wild horses and burros in
the care of the Bureau or its contractors: Provided further,
That in fiscal year 1997 and thereafter, all fees, excluding
mining claim fees, in excess of the fiscal year 1996
collections established by the Secretary of the Interior
under the authority of 43 U.S.C. 1734 for processing,
recording, or documenting authorizations to use public lands
or public land natural resources (including cultural,
historical, and mineral) and for providing specific services
to public land users, and which are not presently being
covered into any Bureau of Land Management appropriation
accounts, and not otherwise dedicated by law for a specific
distribution, shall be made immediately available for program
operations in this account and remain available until
expended.

wildland fire management

For necessary expenses for fire use and management, fire
preparedness, suppression operations, and emergency
rehabilitation by the Department of the Interior,
[$247,924,000] $264,609,000, to remain available until
expended, of which not to exceed $5,025,000 shall be for the
renovation or construction of fire facilities: Provided, That
such funds are also available for repayment of advances to
other appropriation accounts from which funds were previously
transferred for such purposes: Provided further, That persons
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without costs from funds available from this
appropriation: Provided further, That unobligated balances of
amounts previously appropriated to the ``Fire Protection''
and ``Emergency Department of the Interior Firefighting
Fund'' may be transferred to this appropriation.

central hazardous materials fund

For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$12,000,000, 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 sections 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,

[[Page S10513]]

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, [$3,103,000]
$4,333,000, 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. 6901-07), [$113,500,000]
$115,000,000, of which not to exceed $400,000 shall be
available for administrative expenses.

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,
[$10,000,000] $14,060,000, 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; [$98,365,000] $102,656,000, to remain available
until expended: Provided, That 25 per centum of the aggregate
of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant
fund and shall be transferred to the General Fund in the
Treasury in accordance with the second paragraph of
subsection (b) of title II of the Act of August 28, 1937 (50
Stat. 876).

range improvements

For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 per centum of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $9,113,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.

service charges, deposits, and forfeitures

For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.

miscellaneous trust funds

In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.

administrative provisions

Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on his certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly-produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards.

United States Fish and Wildlife Service

resource management

For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, and for the performance of other
authorized functions related to such resources; for the
general administration of the United States Fish and Wildlife
Service; for maintenance of the herd of long-horned cattle on
the Wichita Mountains Wildlife Refuge; and not less than
$1,000,000 for high priority projects within the scope of the
approved budget which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13,
1970, as amended, [$520,519,000] $529,527,000, to remain
available until September 30, 1998, of which $11,557,000
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, of which not more than $500,000 shall be used only to
prepare and publish withdrawal notices under section 4(b)(6)
(A)(i)(IV) and (B)(ii) of the Endangered Species Act and to
prepare and publish proposed or final rules to remove species
from either of the lists published under section 4(c) of the
Endangered Species Act or to change the status of species
from endangered to threatened in accordance with the
provisions of subsections (a) and (b) of section 4 of the
Endangered Species Act, and of which [$1,000,000] not to
exceed $1,500,000 shall be provided to the National Fish and
Wildlife Foundation for implementation of the Natural
Communities Conservation Plan, and shall be available only to
the extent matched by at least an equal amount from the
Foundation and shall remain available until expended[:
Provided, That pursuant to 31 U.S.C. 9701, the Secretary
shall charge reasonable fees for the full costs of providing
training by the National Education and Training Center, to be
credited to this account, notwithstanding 31 U.S.C. 3302, of
which not to exceed $2,000,000 shall be available for the
direct costs of providing such training[: Provided, That
hereafter, pursuant to 31 U.S.C. 9701, the Secretary shall
charge reasonable fees for the full costs of providing
training by the National Education and Training Center, to be
credited to this account, notwithstanding 31 U.S.C. 3302, for
the direct costs of providing such training[: Provided
further, That not to exceed $1,000,000 of the funds provided
herein may be used for contaminant sample analysis].

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; [$38,298,000] $45,306,000, to remain
available until expended.

natural resource damage assessment fund

To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601,
et seq.), Federal Water Pollution Control Act, as amended (33
U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public
Law 101-380), and Public Law 101-337; $4,000,000, to remain
available until expended.

land acquisition

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, [$13,085,000 (increased by $1,000,000)] $14,085,000,
for grants to States, to be derived from the Cooperative
Endangered Species Conservation Fund, and to remain available
until expended.

national wildlife refuge fund

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

rewards and operations

For expenses necessary to carry out the provisions of the
African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-
4213, 4221-4225, 4241-4245, and 1538), [$1,000,000] $600,000,
to remain available until expended.

north american wetlands conservation fund

For expenses necessary to carry out the provisions of the
North American Wetlands

[[Page S10514]]

Conservation Act, Public Law 101-233, [$7,750,000]
$10,750,000, to remain available until expended.

rhinoceros and tiger conservation fund

For deposit to the Rhinoceros and Tiger Conservation Fund,
[$400,000] $200,000, to remain available until expended, to
carry out the Rhinoceros and Tiger Conservation Act of 1994
(Public Law 103-391).

wildlife conservation and appreciation fund

For deposit to the Wildlife Conservation and Appreciation
Fund, $800,000, to remain available until expended[, for
carrying out the Partnerships for Wildlife Act only to the
extent such funds are matched as provided in section 7105 of
said Act].

administrative provisions

Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 83 passenger motor vehicles of which 73 are for
replacement only (including 43 for police-type use); not to
exceed $400,000 for payment, at the discretion of the
Secretary, for information, rewards, or evidence concerning
violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement
activities, authorized or approved by the Secretary and to be
accounted for solely on his certificate; repair of damage to
public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of
land at not to exceed $1 for each option; facilities incident
to such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are utilized pursuant to law in
connection with management and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly-produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding any
other provision of law, the Secretary of the Interior may not
spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Refuge
System unless the purchase is approved in advance by the
House and Senate Committees on Appropriations in compliance
with the reprogramming procedures contained in House Report
103-551: Provided further, That section 201 of the Emergency
Wetlands Resources Act of 1986 (16 U.S.C. 3911) is amended--
(1) in subsection (a)(1)(B), by striking ``distributed''
and inserting ``used''; and
(2) in subsection (c)--
(A) by redesignating clauses (i), (ii), and (iii) of
subparagraph (A) as paragraphs (1), (2), and (3),
respectively;
(B) by striking ``shall be distributed as follows:'' and
all that follows through ``such amount--'' and inserting
``shall be used by the Secretary--''; and
(C) by striking subparagraph (b).

National Park Service

operation of the national park system

For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
including not to exceed $1,593,000 for the Volunteers-in-
Parks program, and not less than $1,000,000 for high priority
projects within the scope of the approved budget which shall
be carried out by the Youth Conservation Corps as authorized
by 16 U.S.C. 1706, [$1,135,139,000] $1,156,784,000, without
regard to 16 U.S.C. 451, of which [$12,800,000] $4,000,000
for research, planning and interagency coordination in
support of land acquisition for Everglades restoration shall
remain available until expended, and of which not to exceed
$72,000,000, to remain available until expended, is to be
derived from the special fee account established pursuant to
title V, section 5201, of Public Law 100-203.

national recreation and preservation

For expenses necessary to carry out recreation programs,
natural programs, cultural programs, environmental compliance
and review, international park affairs, statutory or
contractual aid for other activities, and grant
administration, not otherwise provided for, [$36,476,000]
$39,476,000.

historic preservation fund

For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
[$36,212,000] $36,612,000, to be derived from the Historic
Preservation Fund, to remain available until September 30,
1998.

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, [$119,745,000] $165,418,000, to remain
available until expended[: Provided, That funds provided
under this head, derived from the Historic Preservation Fund,
established by the Historic Preservation Act of 1966, as
amended (16 U.S.C. 470), may be available until expended to
render sites safe for visitors and for building
stabilization]: Provided, That funds previously provided
under this heading that had been made available to the City
of Hot Springs, Arkansas, to be used for a flood protection
feasibility study, are now made available to the City of Hot
Springs for the rehabilitation of the Federally-constructed
Hot Springs Creek Arch, including the portion within Hot
Springs National Park.

land and water conservation fund

(rescission)

The contract authority provided for fiscal year 1997 by 16
U.S.C. 460l-10a is rescinded.

land acquisition and state assistance

For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-
11), including administrative expenses, and for acquisition
of lands or waters, or interest therein, in accordance with
statutory authority applicable to the National Park Service,
[$30,000,000] $48,415,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended,
of which $1,000,000 is to administer the State assistance
program: Provided, That any funds made available for the
purpose of acquisition of the Elwha and Glines dams shall be
used solely for acquisition, and shall not be expended until
the full purchase amount has been appropriated by the
Congress; Provided further, That of the funds provided
herein, $2,500,000 is available for acquisition of the
Sterling Forest, subject to authorization.

administrative provisions

Appropriations for the National Park Service shall be
available for the purchase of not to exceed 404 passenger
motor vehicles, of which 287 shall be for replacement only,
including not to exceed 320 for police-type use, 13 buses,
and 6 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to
process any grant or contract documents which do not include
the text of 18 U.S.C. 1913[: Provided further, That of the
funds provided to the National Park Service in this or any
other Act not more than $1,700,000 is to be used for the
Office of the Director, not more than $2,000,000 is to be
used for the Office of Public Affairs, and not more than
$951,000 is to be used for the Office of Congressional
Affairs]: 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 in fiscal year 1997 and
thereafter enter into cooperative agreements that involve the
transfer of National Park Service appropriated funds to
State, local and tribal governments, other public entities,
educational institutions, and private nonprofit organizations
for the public purpose of carrying out National Park Service
programs pursuant to 31 U.S.C. 6305 to carry out public
purposes of National Park Service programs.

United States Geological Survey

surveys, investigations, and research

For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, and the mineral and
water resources of the United States, its Territories and
possessions, and other areas as authorized by 43 U.S.C. 31,
1332 and 1340; classify lands as to their mineral and water
resources; give engineering supervision to power permittees
and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641);
and publish and disseminate data relative to the foregoing
activities; and to conduct inquiries into the economic
conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; [$730,163,000] $737,040,000, of which
[$62,130,000] $65,809,000 shall be available only for
cooperation with States or municipalities for water resources
investigations; and of which $16,000,000 shall remain
available until expended for conducting inquiries into the
economic conditions affecting mining and materials processing
industries; and of which [$137,000,000] $137,750,000 shall be
available until September 30, 1998 for the biological
research activity and the operation of the Cooperative
Research Units[; and of which $16,000,000 shall remain
available until expended for conducting inquiries into the
economic conditions affecting mining and materials processing
industries]: Provided, That none of these funds provided for
the biological research activity shall be used to conduct

[[Page S10515]]

new surveys on private property, unless specifically
authorized in writing by the property owner: Provided
further, That beginning in fiscal year 1998 and once every
five years thereafter, the National Academy of Sciences shall
review and report on the biological research activity of the
Survey: 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.

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; [$182,555,000] $159,555,000, of which
not less than [$74,063,000] $70,063,000 shall be available
for royalty management activities; and an amount not to
exceed [$15,400,000] $41,000,000 for the Technical
Information Management System and [Related Activities]
activities of the Outer Continental Shelf (OCS) Lands
Activity, to be credited to this appropriation and to remain
available until expended, from additions to receipts
resulting from increases to rates in effect on August 5,
1993, from rate increases to fee collections for OCS
administrative activities performed by the Minerals
Management Service over and above the rates in effect on
September 30, 1993, and from additional fees for OCS
administrative activities established after September 30,
1993: Provided, That $1,500,000 for computer acquisitions
shall remain available until September 30, 1998: Provided
further, That funds appropriated under this Act shall be
available for the payment of interest in accordance with 30
U.S.C. 1721 (b) and (d): Provided further, That not to exceed
$3,000 shall be available for reasonable expenses related to
promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of
law, $15,000 under this head shall be available for refunds
of overpayments in connection with certain Indian leases in
which the Director of the Minerals Management Service
concurred with the claimed refund due, to pay amounts owed to
Indian allottees or Tribes, or to correct prior unrecoverable
erroneous payments.

oil spill research

For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,440,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.

Bureau of Mines

mines and minerals

For expenses necessary for, and incidental to, the closure
of the United States Bureau of Mines, including payments for
workers compensation and unemployment compensation for former
employees of the United States Bureau of Mines, $2,000,000,
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;
[$94,272,000] $94,172,000, and notwithstanding 31 U.S.C.
3302, an additional amount shall be credited to this account,
to remain available until expended, from performance bond
forfeitures in fiscal year 1997: Provided, That the Secretary
of the Interior, pursuant to regulations, may utilize
directly or through grants to States, moneys collected in
fiscal year 1997 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, [$175,887,000]
$179,085,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended;
of which $4,000,000 shall be for supplemental grants to
States for the reclamation of abandoned sites with acid mine
rock drainage from coal mines through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum program
States will be $1,500,000 per State in fiscal year 1997:
Provided further, That of the funds herein provided up to
$18,000,000 may be used for the emergency program authorized
by section 410 of Public Law 95-87, as amended, of which no
more than 25 per centum shall be used for emergency
reclamation projects in any one State and funds for
federally-administered emergency reclamation projects under
this proviso shall not exceed $11,000,000: Provided further,
That prior year unobligated funds appropriated for the
emergency reclamation program shall not be subject to the 25
per centum limitation per State and may be used without
fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 per centum from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available to States under
title IV of Public Law 95-87 may be used, at their
discretion, for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement
of acid mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and
priorities of the Surface Mining Control and Reclamation Act.

Bureau of Indian Affairs

operation of indian programs

For operation of Indian programs by direct expenditure,
contracts, cooperative agreements, compacts, and grants
including expenses necessary to provide education and welfare
services for Indians, either directly or in cooperation with
States and other organizations, including payment of care,
tuition, assistance, and other expenses of Indians in
boarding homes, or institutions, or schools; grants and other
assistance to needy Indians; maintenance of law and order;
management, development, improvement, and protection of
resources and appurtenant facilities under the jurisdiction
of the Bureau, including payment of irrigation assessments
and charges; acquisition of water rights; advances for Indian
industrial and business enterprises; operation of Indian arts
and crafts shops and museums; development of Indian arts and
crafts, as authorized by law; for the general administration
of the Bureau, including such expenses in field offices;
maintaining of Indian reservation roads as defined in 23
U.S.C. 101; and construction, repair, and improvement of
Indian housing, [$1,381,623,000] $1,413,606,000, of which not
to exceed [$90,829,000] $91,379,000 shall be for payments to
tribes and tribal organizations for contract support costs
associated with ongoing contracts or grants or compacts
entered into with the Bureau prior to fiscal year 1997, as
authorized by the Indian Self-Determination Act of 1975, as
amended, and up to $5,000,000 shall be for the Indian Self-
Determination Fund, which shall be available for the
transitional cost of initial or expanded tribal contracts,
grants, compacts, or cooperative agreements with the Bureau
under such Act; and of which not to exceed [$339,709,000]
$344,711,000 for school operations costs of Bureau-funded
schools and other education programs shall become available
on July 1, 1997, and shall remain available until September
30, 1998; and of which not to exceed [$55,838,000]
$53,805,000 for higher education scholarships, adult
vocational training, and assistance to public schools under
25 U.S.C. 452 et seq., shall remain available until September
30, 1998; and of which not to exceed [$55,603,000]
$54,973,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation
support, self-governance grants, the Indian Self-
Determination Fund, and the Navajo-Hopi Settlement Program:
Provided, That tribes and tribal contractors may use their
tribal priority allocations for unmet indirect costs of
ongoing contracts, grants or compact agreements: Provided
further, That funds made available to tribes and tribal
organizations through contracts or grants obligated during
fiscal year 1997, as authorized by the Indian Self-
Determination Act of 1975, or grants authorized by the Indian
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall
remain available until expended by the contractor or grantee:
Provided further, That to provide funding uniformity within a
Self-Governance Compact, any funds provided in this Act with
availability for more than one year may be reprogrammed to
one year availability but shall remain available within the
Compact until expended: Provided further,

[[Page S10516]]

That notwithstanding any other provision of law, Indian
tribal governments may, by appropriate changes in eligibility
criteria or by other means, change eligibility for general
assistance or change the amount of general assistance
payments for individuals within the service area of such
tribe who are otherwise deemed eligible for general
assistance payments so long as such changes are applied in a
consistent manner to individuals similarly situated: Provided
further, That any savings realized by such changes shall be
available for use in meeting other priorities of the tribes:
Provided further, That any net increase in costs to the
Federal Government which result solely from tribally
increased payment levels for general assistance shall be met
exclusively from funds available to the tribe from within its
tribal priority allocation: Provided further, That any
forestry funds allocated to a tribe which remain unobligated
as of September 30, 1997, may be transferred during fiscal
year 1998 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, 1998: Provided further, That notwithstanding
any other provision of law, no funds available to the Bureau,
other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or
secondary school in the State of Alaska in fiscal year 1997:
Provided further, That funds made available in this or any
other Act for expenditure through September 30, 1998 for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1995:
Provided further, That no funds available to the Bureau shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau
school system as of October 1, 1995: Provided further, That
in fiscal year 1997 and thereafter, notwithstanding the
provisions of 25 U.S.C. 2012(h)(1) (A) and (B), upon the
recommendation of either (i) a local school board and school
supervisor for an education position in a Bureau of Indian
Affairs operated school, or (ii) an Agency school board and
education line officer for an Agency education position, the
Secretary shall establish adjustments to the rates of basic
compensation or annual salary rates established under 25
U.S.C. 2012(h)(1) (A) and (B) for education positions at the
school or the Agency, at a level not less than that for
comparable positions in the nearest public school district,
and the adjustment shall be deemed to be a change to basic
pay and shall not be subject to collective bargaining:
Provided further, That any reduction to rates of basic
compensation or annual salary rates below the rates
established under 25 U.S.C. 2012(h)(1) (A) and (B) shall
apply only to educators appointed after June 30, 1997, and
shall not affect the right of an individual employed on June
30, 1997, in an education position, to receive the
compensation attached to such position under 25 U.S.C.
2012(h)(1) (A) and (B) so long as the individual remains in
the same position at the same school: Provided further, That
notwithstanding 25 U.S.C. 2012(h)(1)(B), when the rates of
basic compensation for teachers and counselors at Bureau-
operated schools are established at the rates of basic
compensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers Pay
and Personnel Practices Act, such rates shall become
effective with the start of the next academic year following
the issuance of the Department of Defense salary schedule and
shall not be effected retroactively.

construction

For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, [$85,831,000] $93,933,000, to remain available until
expended: Provided, That such amounts as may be available for
the construction of the Navajo Indian Irrigation Project may
be transferred to the Bureau of Reclamation: Provided
further, That not to exceed 6 per centum of contract
authority available to the Bureau of Indian Affairs from the
Federal Highway Trust Fund may be used to cover the road
program management costs of the Bureau: Provided further,
That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a non-
reimbursable basis: Provided further, That for fiscal year
1997, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part
12 as the regulatory requirements: Provided further, That
such grants shall not be subject to section 12.61 of 43 CFR;
the Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e).

indian land and water claim settlements and miscellaneous payments to
indians

For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, [$65,241,000]
$69,241,000, to remain available until expended; of which
[$56,400,000] $68,400,000 shall be available for
implementation of enacted Indian land and water claim
settlements pursuant to Public Laws 101-618, 102-374, 102-
575, and for implementation of other enacted water rights
settlements, including not to exceed $8,000,000, which shall
be for the Federal share of the Catawba Indian Tribe of South
Carolina Claims Settlement, as authorized by section 5(a) of
Public Law 103-116; and of which $841,000 shall be available
pursuant to Public Laws 98-500, 99-264, 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 $34,615,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $500,000.

administrative provisions

Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, the Technical Assistance of Indian
Enterprises account, the Indian Direct Loan Program account,
and the Indian Guaranteed Loan Program account) shall be
available for expenses of exhibits, and purchase of not to
exceed 229 passenger motor vehicles, of which not to exceed
187 shall be for replacement only.

Departmental Offices

Insular Affairs

assistance to territories

For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
[$65,088,000] $65,388,000, of which (1) [$61,239,000]
$61,539,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster
assistance, insular management controls, and brown tree snake
control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48
U.S.C. 1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $3,849,000
shall be available for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or utilized by such
governments, may be audited by the General Accounting Office,
at its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the
Northern Mariana Islands grant funding: Provided further,
That section 703(a) of Public Law 94-241, as amended, is
hereby amended by striking ``of the Government of the
Northern Mariana Islands'': Provided further, That of the
amounts provided for technical assistance, sufficient funding
shall be made available for a grant to the Close Up
Foundation: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance
improvement of capital infrastructure in American Samoa,
Guam, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of Palau, the Republic of the
Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations maintenance
needs, improved capability of local operations and
maintenance institutions and agencies (including management
and vocational education training), and project-specific
maintenance (with territorial participation and cost sharing
to be determined by the Secretary based on the individual
territory's commitment to timely maintenance of its capital
assets): Provided further, That any appropriation for
disaster assistance under this head in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of

[[Page S10517]]

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 Compacts 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, [$23,638,000]
$23,438,000, 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, [$53,691,000] $58,991,000, of which not to
exceed $7,500 may be for official reception and
representation expenses.

Office of the Solicitor

salaries and expenses

For necessary expenses of the Office of the Solicitor,
[$35,208,000] $35,443,000.

Office of Inspector General

salaries and expenses

For necessary expenses of the Office of Inspector General,
$24,439,000, together with any funds or property transferred
to the Office of Inspector General through forfeiture
proceedings or from the Department of Justice Assets
Forfeiture Fund or the Department of the Treasury Assets
Forfeiture Fund, that represent an equitable share from the
forfeiture of property in investigations in which the Office
of Inspector General participated, with such transferred
funds to remain available until expended.

National Indian Gaming Commission

salaries and expenses

For necessary expenses of the National Indian Gaming
Commission, pursuant to Public Law 100-497, $1,000,000.

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, [$19,126,000] $36,338,000, to remain available until
expended for trust funds management: Provided, That funds
made available to tribes and tribal organizations through
contracts or grants obligated during fiscal year 1997, as
authorized by the Indian Self-Determination Act of 1975 (25
U.S.C. 450 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That
notwithstanding any other provision of law, the statute of
limitations shall not commence to run on any claim, including
any claim in litigation pending on the date of this Act,
concerning losses to or mismanagement of trust funds, until
the affected tribe or individual Indian has been furnished
with an accounting of such funds from which the beneficiary
can determine whether there has been a loss: Provided
further, That unobligated balances previously made available
(1) to liquidate obligations owed tribal and individual
Indian payees of any checks canceled pursuant to section 1003
of the Competitive Equality Banking Act of 1987 (Public Law
100-86; 31 U.S.C. 3334(b)), (2) to restore Individual Indian
Monies trust funds, Indian Irrigation Systems, and Indian
Power Systems accounts amounts invested in credit unions or
defaulted savings and loan associations and which where not
Federally insured, including any interest on these amounts
that may have been earned, but was not because of the
default, and (3) to reimburse Indian trust fund account
holders for losses to their respective accounts where the
claim for said loss has been reduced to a judgement or
settlement agreement approved by the Department of Justice,
under the heading ``Indian Land and Water Claim Settlements
and Miscellaneous Payments to Indians'', Bureau of Indian
Affairs in fiscal years 1995 and 1996, are hereby transferred
to and merged with this appropriation and may only be used
for the operation of trust programs, in accordance with this
appropriation.

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
``Departmental Management'', ``Office of the Solicitor'', and
``Office of Inspector General'' may be augmented through the
Working Capital Fund or the Consolidated Working Fund.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of forest or range fires on or threatening lands
under the jurisdiction of the Department of the Interior; for
the emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oilspills; response and natural resource damage
assessment activities related to actual oilspills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for fire suppression purposes shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for fire suppression purposes, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for emergency rehabilitation and wildfire suppression
activities, no funds shall be made available under this
authority until funds appropriated to ``Wildland Fire
Management'' shall have been exhausted: Provided further,
That all funds used pursuant to this section are hereby
designated by Congress to be ``emergency requirements''
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on a pro
rata basis, accounts from which emergency funds were
transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the
appropriation current at the time such reimbursements are
received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
[Sec. 107. Appropriations made in this title from the Land
and Water Conservation Fund for acquisition of lands and
waters, or interests therein, shall be available for
transfer, with the approval of the Secretary, between the
following accounts: Bureau of Land Management, Land
acquisition, United States Fish and Wildlife Service, Land
acquisition, and National Park Service, Land acquisition and
State assistance. Use of such funds are subject to the
reprogramming guidelines of the House and Senate Committees
on Appropriations.]
Sec. 108. Prior to the transfer of Presidio properties to
the Presidio Trust, when authorized, the Secretary may not
obligate in any calendar month more than \1/12\ of the fiscal
year 1997 appropriation for operation of the Presidio:
Provided, That prior to the transfer of any Presidio property
to the Presidio Trust, the Secretary shall transfer such
funds as the Trust deems necessary to initiate leasing and
other authorized activities of the Trust: Provided further,
That this section

[[Page S10518]]

shall expire on [September 30, 1997] December 31, 1996.
[Sec. 109. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the
Secretary of the Interior for developing, promulgating, and
thereafter implementing a rule concerning rights-of-way under
section 2477 of the Revised Statutes.]
Sec. 109. No final rule or regulation of any agency of the
Federal Government pertaining to the recognition, management,
or validity of a right-of-way pursuant to Revised Statute
2477 (43 U.S.C. 932) shall take effect unless expressly
authorized by an Act of Congress subsequent to the date of
enactment of this Act.
Sec. 110. 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. 111. No funds provided in this title may be expended
by the Department of the Interior for the conduct of leasing,
or the approval or permitting of any drilling or other
exploration activity, on lands within the North Aleutian
Basin planning area.
Sec. 112. No funds provided in this title may be expended
by the Department of the Interior for the conduct of
preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992-1997.
Sec. 113. No funds provided in this title may be expended
by the Department of the Interior for the conduct of
preleasing and leasing activities in the Atlantic for Outer
Continental Shelf Lease Sale 164 in the Outer Continental
Shelf Natural Gas and Oil Resource Management Comprehensive
Program, 1992-1997.
Sec. 114. There is hereby established in the Treasury a
franchise fund pilot, as authorized by section 403 of Public
Law 103-356, to be available as provided in such section for
costs of capitalizing and operating administrative services
as the Secretary determines may be performed more
advantageously as central services: Provided, That any
inventories, equipment, and other assets pertaining to the
services to be provided by such fund, either on hand or on
order, less the related liabilities or unpaid obligations,
and any appropriations made prior to the current year for the
purpose of providing capital shall be used to capitalize such
fund: Provided further, That such fund shall be paid in
advance from funds available to the Department and other
Federal agencies for which such centralized services are
performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund
plant and equipment, amortization of automatic data
processing (ADP) software and systems (either acquired or
donated) and an amount necessary to maintain a reasonable
operating reserve, as determined by the Secretary: Provided
further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to
exceed four percent of the total annual income to such fund
may be retained in the fund for fiscal year 1997 and each
fiscal year thereafter, to remain available until expended,
to be used for the acquisition of capital equipment, and for
the improvement and implementation of Department financial
management, ADP, and other support systems: Provided further,
That no later than thirty days after the end of each fiscal
year amounts in excess of this reserve limitation shall be
transferred to the Treasury: Provided further, That such
franchise fund pilot shall terminate pursuant to section
403(f) of Public Law 103-356.
[Sec. 115. None of the funds in this Act or any other Act
may be used by the Secretary for the redesign of Pennsylvania
Avenue in front of the White House without the advance
approval of the House and Senate Committees on
Appropriations.]
Sec. 115. Public Law 102-495 is amended by adding the
following new section:

``SEC. 10. WASHINGTON STATE REMOVAL OPTION.

``(a) Upon appropriation of $29,500,000 for the Federal
Government to acquire the Elwha and Glines dams in Washington
State pursuant to this Act, the State of Washington may, upon
the submission to Congress of a binding agreement to remove
the two dams within a reasonable period of time, purchase v
the two dams from the Federal Government for $2.
``(b) Upon receipt of the payment pursuant to subsection
(a), the Federal Government shall relinquish ownership and
title of dams to the State of Washington.
``(c) Upon the purchase of the dams by the State of
Washington, Public Law 102-495 is hereby repealed.''.
Sec. 116. Section 7 of Public Law 99-647 (16 U.S.C. 461
note) is amended to read as follows:

``SEC. 7. TERMINATION OF COMMISSION.

``The Commission shall terminate on November 10, 1997.''.
Sec. 117. The Congress of the United States hereby
designates and ratifies the assignment to the University of
Utah as successor to, and beneficiary of, all the existing
assets, revenues, funds and rights granted to the State of
Utah under the Miners Hospital Grant (February 20, 1929, 45
Stat. 1252) and the School of Mines Grant (July 26, 1894, 28
Stat. 110). Further, the Secretary of the Interior is
authorized and directed to accept such relinquishment of all
remaining and unconveyed entitlement for quantity grants owed
the State of Utah for the Miners Hospital Grant (February 20,
1929, 45 Stat. 1252) and any unconveyed entitlement that may
remain for the University of Utah School of Mines Grant (July
26, 1894, 28 Stat. 110).
Sec. 118. (a) No later than February 28, 1997, the
Secretary of the Interior, upon negotiation with the
committee established pursuant to subsection (c), and with
the Office of Management and Budget, Special Trustee for
American Indians, the Chief Financial Officer for the
Department of the Interior, the Assistant Secretary--Indian
Affairs, and the Solicitor of the Department of the Interior,
shall transmit to the Committee on Appropriations and the
Committee on Indian Affairs of the United States Senate and
to the Committee on Appropriations and the Committee on
Resources of the House of Representatives a report which (1)
proposes a formula to distribute the funds appropriated for
the ``Operation of Indian Programs'' account for direct
payments to Indian tribes except those in Alaska and (2)
identifies the amount of funds set aside to provide services
to Indian tribes in Alaska.
(b) The formula and the allocation to Alaska shall be
deemed approved if within 30 calendar days of receipt of the
report from the Secretary, no one of the Committees have
taken action to disapprove the formula or the allocation to
Alaska. Notification to the Secretary of any such disapproval
shall be accomplished by a letter signed by the chairman and
ranking minority member of any one of the four committees
identified in subsection (a) with copies provided to the
chairmen and ranking minority members of the other committees
identified in subsection (a).
(c) The negotiating committee referenced in subsection (a)
shall be comprised of (1) Federal representatives as deemed
necessary by the Secretary of the Interior and (2) tribal
representatives, 12 of which shall be tribal representatives
chosen by the tribes from each of the 12 existing BIA Areas
(3) one representative from each of the four Committees
identified in subsection (a). Agreement by a two-thirds
majority of tribal representatives is necessary for any
formula developed by the negotiating committee.
(d) The formula proposed under subsection (a) shall
recognize the minimum funding requirements for small and
needy tribes.
(e) In developing the fiscal year 1998 budget request, the
Secretary shall propose separate appropriations accounts for
the amounts proposed for direct payments to tribes; and for
amounts proposed to be provided for services to Indian tribes
in Alaska.
(f) For purposes of this section, the term ``Indian tribe''
means any Indian tribe, band, nation, or other organized
group or community of Indians, including any Alaska Native
village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement
Act, which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians, as further defined in the Indian
Self-Determination and Education Assistance Act of 1975, as
amended.
(g) No funds shall be distributed under the formula
proposed pursuant to subsection (a) until the formula is
approved under the procedures set forth in subsection (b).
Not to exceed one-half of the funding to be included in the
tribal formula within the ``Operation of Indian Programs''
account shall be available prior to implementation of the
formula.
(h) The determination of what funds from the Operation of
Indian Programs account, excluding funds for education and
reimbursable funds, are withheld from being made available
for distribution under the formula shall include a
determination negotiated with the negotiating committee
described in subsection (c) of the amount, if any, of
residual Federal funds to be retained by the Secretary that
are minimally necessary to carry out trustee and other
functions of the Federal Government that are not delegable by
law to the Indian tribes.
(i) Upon approval of the formula, the Secretary shall
provide for the immediate and direct transfer, to any Indian
tribe choosing to receive all those funds in lieu of direct
services, the share of funds identified for that Indian tribe
under the formula. Upon allocation of those funds to an
Indian tribe, those funds will not be subject the oversight
authority of the Bureau of Indian Affairs.
(j) Should the Federal-tribal negotiations under this
section reach an impasse at any time before December 31,
1996, or there are unresolved issues as of December 31, 1996,
the Secretary and the negotiating committee described in
subsection (c) shall jointly select an arbitrator from the
roster of individuals maintained by the Administrative
Conference of the United States pursuant to title 5, section
573(c) of the United States Code, which arbitrator shall
resolve the issues upon which there is impasse, after
receiving evidence and hearing arguments from both the
Federal and tribal representatives on the negotiating
committee, and report the recommended resolution of the
arbitrator to the Secretary and the four committees of the
Congress identified in subsection (a), on or before February
28, 1997.
(k) Section 402(b)(1) of The Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458bb) is amended to read
as follows: ``(1) In addition to those Indian tribes
participating in self-governance under subsection (a) of this
section, the Secretary, acting through the Director of the
Office of Self-Governance, may select up to 50 new tribes per
year from the applicant pool described in subsection (c) of
this section to participate in self-governance.''.
Sec. 119. In fiscal year 1997 and thereafter, the Indian
Arts and Crafts Board may charge admission fees at its
museums; charge rent and/

[[Page S10519]]

or franchise fees for shops located in its museums; publish
and sell publications; sell or rent or license use of
photographs or other images in hard copy or other forms;
license the use of designs, in whole or in part, by others;
charge for consulting services provided to others; and may
accept the services of volunteers to carry out its mission:
Provided, That all revenue derived from such activities is
covered into the special fund established by section 4 of
Public Law 74-355 (25 U.S.C. 305c).
Sec. 120. Transfer of Certain Bureau of Land Management
Facilities.--
(a) Battle mountain, nevada.--Not later than 30 days after
the date of enactment of this Act, the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management, shall transfer to Lander County, Nevada, without
consideration, title to the former Bureau of Land Management
administrative site and associated buildings in Battle
Mountain, Nevada.
(b) Winnemucca, nevada.--
(1) Transfer.--Not later than 30 days after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall
transfer to the State of Nevada, without consideration, title
to the surplus Bureau of Land Management District Office
building in Winnemucca, Nevada.
(2) Use.--The transfer under paragraph (1) is made with the
intent that the building shall be available to meet the needs
of the Department of Conservation and Natural Resources of
the State of Nevada.
Sec. 121. Cook Inlet Region, Inc. Recognition.--
(a) Cook Inlet Region, Inc., an Alaska Native regional
corporation organized under Public Law 92-203, shall be
deemed to be an Indian tribal entity for the purpose of
federal programs for which Indians are eligible because of
their status as Indians.
(b) The Bureau of Indian Affairs shall specifically include
Cook Inlet Region, Inc. on any list that designates federally
recognized Indian tribes or Indian tribal entities for use in
administration of any Federal program.
(c)(1) The tribe of a Native village located within the
Cook Inlet region shall serve as the tribal authority for the
purpose of receiving funding and administering Federal
assistance and social service programs within the settled
area associated with the village, provided that Cook Inlet
Region, Inc. shall serve as the tribal authority for such
purposes for all other areas within the region and for the
Municipality of Anchorage. These village tribes and Cook
Inlet Region, Inc. may delegate their or its tribal authority
to another tribe or tribal organization in the region. For
purposes of this subsection, ``settled area'' shall mean that
area containing the cluster of houses, buildings, roads, and
trails of the improved village site.
(2) For those Alaska Natives residing within the Cook Inlet
region who are not enrolled to or otherwise affiliated with a
tribe, Cook Inlet Region, Inc. shall serve as the tribal
authority.
Sec. 122. Alaska Aviation Heritage.--
(a) Findings.--The Congress finds that--
(1) the Department of the Interior's Grumman Goose G21-A
aircraft number N789 is to be retired from several decades of
active service in the State of Alaska in 1996; and
(2) the aircraft is of significant historic value to the
people of the State of Alaska.
(b) Donation of aircraft.--The Secretary of the Interior
shall transfer the Grumman Goose G21-A aircraft number N789
to the Alaska Aviation Heritage Museum in Anchorage, Alaska,
at no cost to the museum, for permanent display.
Sec. 123. The Mesquite Lands Act of 1988 is amended by
adding the following at the end of section 3:
``(d) Fourth Area.--(1) No later than ten years after the
date of enactment of this Act, the City of Mesquite shall
notify the Secretary as to which if any of the public lands
identified in paragraph (2) of this subsection the city
wishes to purchase.
``(2) For a period of twelve years after the date of
enactment of this Act, the city shall have exclusive right to
purchase the following parcels of public lands:
``Parcel A--East \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 5, T. 13 S., R. 71 E., Mount Diablo
Meridian; West \1/2\ Sec. 4, T. 13 S., R. 71 E, Mount Diablo
Meridian; East \1/2\, West \1/2\ Sec. 4, T. 13 S., R. 71 E.,
Mount Diablo Meridian.
``Parcel B--North \1/2\ Sec. 7, T. 13 S., R. 71 E., Mount
Diablo Meridian; South East \1/4\ Sec. 12, T. 13 S., R. 70
E., Mount Diablo Meridian; East \1/2\, North East \1/4\ Sec.
12, T. 13 S., R. 70 E., Mount Diablo Meridian; East \1/2\,
West \1/2\ North East \1/4\ Sec. 12, T. 13 S., R. 70 E.,
Mount Diablo Meridian.
``Parcel C--West \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount
Diablo Meridian; Sec. 1, T. 13 S., R. 70 E., Mount Diablo
Meridian; West \1/2\, West \1/2\, North East \1/4\ Sec. 12,
T. 13 S., R. 70 E., Mount Diablo Meridian; North West \1/4\
Sec. 13, S., R. 70 E., Mount Diablo Meridian; West \1/2\ Sec.
12, T. 13 S., R. 70 E., Mount Diablo Meridian; East \1/2\,
South East \1/4\, Sec. 11, T. 13 S., R. 70 E., Mount Diablo
Meridian; East \1/2\ North East \1/4\, Sec. 14, T. 13 S., R.
70 E., Mount Diablo Meridian.
``Parcel D--South \1/2\ Sec. 14, T. 13 S., R. 70 E., Mount
Diablo Meridian; South West \1/4\, Sec. 13, T. 13 S., R. 70
E., Mount Diablo Meridian; Portion of section 23, North of
Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian;
Portion of section 24, North of Interstate 15, T. 13 S., R.
70 E., Mount Diablo Meridian; Portion of section 26, North of
Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian.''

SEC. 124. FATHER AULL SITE TRANSFER.

(a) This section may be cited as the ``Father Aull Site
Transfer Act of 1996''.
(b) Findings.--Congress finds that--
(1) the buildings and grounds developed by Father Roger
Aull located on public domain land near Silver City, New
Mexico, are historically significant to the citizens of the
community;
(2) vandalism at the site has become increasingly
destructive and frequent in recent years;
(3) because of the isolated location and the distance from
other significant resources and agency facilities, the Bureau
of Land Management has been unable to devote sufficient
resources to restore and protect the site from further
damage; and
(4) St. Vincent DePaul Parish in Silver City, New Mexico,
has indicated an interest in, and developed a sound proposal
for the restoration of, the site, such that the site could be
permanently occupied and used by the community.
(c) Conveyance of Property.--Subject to valid existing
rights, all right, title and interest of the United States in
and to the land (including improvements on the land),
consisting of approximately 43.06 acres, located
approximately 10 miles east of Silver City, New Mexico, and
described as follows: T. 17 S., R. 12 W., Section 30: Lot 13,
and Section 31: Lot 27 (as generally depicted on the map
dated July 1995) is hereby conveyed by operation of law to
St. Vincent DePaul Parish in Silver City, New Mexico, without
consideration.
(d) Release.--Upon the conveyance of any land or interest
in land identified in this section of St. Vincent DePaul
Parish, St. Vincent DePaul Parish shall assume any liability
for any claim relating to the land or interest in the land
arising after the date of the conveyance.
(e) Map.--The map referred to in this section shall be on
file and available for public inspection in--
(1) the State of New Mexico Office of the Bureau of Land
Management, Santa Fe, New Mexico; and
(2) the Las Cruces District Office of the Bureau of Land
Management, Las Cruces, New Mexico.

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, [$179,000,000] $180,200,000, to remain
available until [September 30, 1998: Provided, That
unobligated and unexpended balances remaining in this account
at the end of fiscal year 1996 shall be merged with and made
a part of the fiscal year 1997 Forest and Rangeland Research
appropriation] 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 pest management
activities, cooperative forestry and education and land
conservation activities, [$148,884,000] $156,811,000 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, for ecosystem
planning, inventory, and monitoring, and for administrative
expenses associated with the management of funds provided
under the heads ``Forest and Rangeland Research,'' ``State
and Private Forestry,'' ``National Forest System,''
``Wildland Fire Management,'' ``Reconstruction and
Construction,'' and ``Land Acquisition,'' [$1,259,057,000
(reduced by $1,000,000)] $1,285,881,000 to remain available
[for obligation] until [September 30, 1998] expended, and
including [50] 60 per centum of all monies received during
the prior fiscal year 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. 4601-6a(i)):
Provided, [That unobligated and unexpended balances in the
National Forest System account at the end of fiscal year
1996, shall be merged with and made a part of the fiscal year
1997 National Forest System appropriation, and shall remain
available for obligation until September 30, 1998: Provided
further,] That up to $5,000,000 of the funds provided herein
for road maintenance shall be available for the planned
obliteration of roads which are no longer needed.

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,
$411,485,000, to remain available until expended: Provided,
That unexpended balances of amounts previously appropriated
under any other headings for Forest Service fire activities
are transferred to and merged with this appropriation and
subject to the same terms and conditions: Provided further,
That such funds are available for repayment of advances from
other appropriations accounts previously transferred for such
purposes.
For an additional amount to cover necessary expenses for
emergency rehabilitation, presuppression due to emergencies,
and wildfire suppression activities of the Forest Service,
$250,000,000, to remain available until expended: Provided,
That such funds are available for repayment of advances from
other accounts previously transferred for such purposes.
In addition, to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and
wildfire suppression activities of the Forest Service,
$109,531,000, to remain available until expended: Provided,
That these

[[Page S10520]]

funds, or any portion thereof, shall be available only to the
extent that the President notifies the Congress of his
designation of any or all of these amounts as emergency
requirements under the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 252(b)(2)(D)(I) of such Act:
Provided further, That such funds are available for repayment
of advances from other appropriations accounts previously
transferred for such purposes.

reconstruction and construction

For necessary expenses of the Forest Service, not otherwise
provided for, [$164,100,000] $172,167,000, to remain
available until expended for construction, reconstruction and
acquisition of buildings and other facilities, and for
construction, reconstruction and repair of forest roads and
trails by the Forest Service as authorized by 16 U.S.C. 532-
538 and 23 U.S.C. 101 and 205: Provided, That not to exceed
$50,000,000, to remain available until expended, may be
obligated for the construction of forest roads by timber
purchasers[: Provided further, That funds appropriated under
this head for the construction of the Wayne National Forest
Supervisor's Office may be granted to the Ohio State Highway
Patrol, Ohio State Department of Transportation, as the
Federal share of the cost of construction of a new facility
to be jointly occupied by the Forest Service and the Ohio
State Highway Patrol: Provided further, That an agreed upon
lease of space in the new facility shall be provided to the
Forest Service without charge for the life of the building].

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. 4601-4-11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, [$30,000,000] $39,660,000, to be derived from the
Land and Water Conservation Fund, to remain available until
expended[: Provided, That funding for specific land
acquisitions are subject to the approval of the House and
Senate Committees on Appropriations].

acquisition of lands for national forests special acts

For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.

acquisition of lands to complete land exchanges

For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities
pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended.

range betterment fund

For necessary expenses of range rehabilitation, protection,
and improvement, 50 per centum of all moneys received during
the prior fiscal year, as fees for grazing domestic livestock
on lands in National Forests in the sixteen Western States,
pursuant to section 401(b)(1) of Public Law 94-579, as
amended, to remain available until expended, of which not to
exceed 6 per centum shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.

gifts, donations and bequests for forest and rangeland research

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

administrative provisions, forest service

Appropriations to the Forest Service for the current fiscal
year shall be available for: (a) purchase of not to exceed
159 passenger motor vehicles of which 14 will be used
primarily for law enforcement purposes and of which 149 shall
be for replacement; acquisition of 10 passenger motor
vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to
exceed two for replacement only, and acquisition of 20
aircraft from excess sources; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (b) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (c) purchase, erection, and
alteration of buildings and other public improvements (7
U.S.C. 2250); (d) acquisition of land, waters, and interests
therein, pursuant to 7 U.S.C. 428a; (e) for expenses pursuant
to the Volunteers in the National Forest Act of 1972 (16
U.S.C 558a, 558d, 558a note); and (f) for debt collection
contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to change the boundaries of any region,
to abolish any region, to move or close any regional office
for research, State and private forestry, or National Forest
System administration of the Forest Service, Department of
Agriculture, or to implement any reorganization,
``reinvention'' or other type of organizational restructuring
of the Forest Service, other than the relocation of the
Regional Office for Region 5 of the Forest Service from San
Francisco to excess military property at Mare Island,
Vallejo, California, without the consent of the House and
Senate Committees on Appropriations.
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the
relocation: Provided, That funds for the move must come from
funds otherwise available to Region 5: Provided further, That
any funds to be provided for such purposes shall only be
available upon approval of the House and Senate Committees on
Appropriations.
Any appropriations or funds available to the Forest Service
may be advanced to the Wildland Fire Management appropriation
and may be used for forest firefighting and the emergency
rehabilitation of burned-over lands under its jurisdiction.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in
connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and
international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C 147b unless
the proposed transfer is approved in advance by the House and
Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 103-551.
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 103-551.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department of
Agriculture without the approval of the Chief of the Forest
Service.
Notwithstanding any other provision of the law, any
appropriations or funds available to the Forest Service may
be used to disseminate program information to private and
public individuals and organizations through the use of
nonmonetary items of nominal value and to provide nonmonetary
awards of nominal value and to incur necessary expenses for
the nonmonetary recognition of private individuals and
organizations that make contributions to Forest Service
programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service
under authority of section 101 of Public Law 93-153 (30
U.S.C. 185(1)) as reimbursement of administrative and other
costs incurred in processing pipeline right-of-way or permit
applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination of any
pipeline and related facilities, may be used to reimburse the
applicable appropriation to which such costs were originally
charged.
Funds available to the Forest Service shall be available to
conduct a program of not less than $1,000,000 for high
priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps as
authorized by the Act of August 13, 1970, as amended by
Public Law 93-408.
None of the funds available in this Act shall be used for
timber sale preparation using clearcutting in hardwood stands
in excess of 25 percent of the fiscal year 1989 harvested
volume in the Wayne National Forest, Ohio: Provided, That
this limitation shall not apply to hardwood stands damaged by
natural disaster: Provided further, That landscape architects
shall be used to maintain a visually pleasing forest.
Any money collected from the States for fire suppression
assistance rendered by the Forest Service on non-Federal
lands not in the vicinity of National Forest System lands
shall be used to reimburse the applicable appropriation and
shall remain available until expended as the Secretary may
direct in conducting activities authorized by 16 U.S.C. 2101
(note), 2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the Forest
Service is authorized to employ or otherwise contract with
persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such as
fires, storms, floods, earthquakes or any other unavoidable
cause without regard to Sundays, Federal holidays, and the
regular workweek.
To the greatest extent possible, and in accordance with the
Final Amendment to the Shawnee National Forest Plan, none of
the funds available in this Act shall be used for preparation
of timber sales using clearcutting or other forms of even
aged management in hardwood stands in the Shawnee National
Forest, Illinois.
[Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, funds up to $1,000,000 for matching funds shall be
available for the National Forest Foundation.]

[[Page S10521]]

Pursuant to section 2(b)(2) of Public Law 98-244, up to
$1,000,000 of the funds available to the Forest Service shall
be available for matching funds, as authorized in 16 U.S.C.
3701-3709, on a one-for-one basis to match private
contributions for projects on National Forest System lands or
related to Forest Service programs.
Pursuant to section 402(b) of Public Law 101-593, up to
$1,000,000 of the funds available to the Forest Service shall
be available for matching funds, as authorized in 16 U.S.C.
583j-3, on a one-for-one basis to match private contributions
for projects on National Forest System lands or related to
Forest Service programs.
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 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.
None of the funds provided in this or any other Act may be
spent to implement the Tongass Land Management Plan (TLMP)
revision until the General Accounting Office certifies that
the process used to develop the TLMP complies with the
National Forest Management Act of 1976 (90 Stat. 2949; Public
Law 94-588) and the Tongass Timber Reform Act of 1990 (104
Stat. 4426; Public Law 101-626), as amended.

DEPARTMENT OF ENERGY

clean coal technology

(rescission)

Of the funds made available under this heading for
obligation in fiscal year 1997 or prior years, $150,000,000
are rescinded: Provided, That funds made available in
previous appropriations Acts shall be available for any
ongoing project regardless of the separate request for
proposal under which the project was selected.

fossil energy research and development

For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible
and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for
conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
performed under the minerals and materials science programs
at the Albany Research Center in Oregon, [$354,754,000]
$367,504,000, to remain available until expended: Provided,
That no part of the sum herein made available shall be used
for the field testing of nuclear explosives in the recovery
of oil and gas.

alternative fuels production

(including transfer and rescission of funds)

Monies received as investment income on the principal
amount in the Great Plains Project Trust at the Norwest Bank
of North Dakota, in such sums as are earned as of October 1,
1996, shall be deposited in this account and immediately
transferred to the General Fund of the Treasury. Monies
received as revenue sharing from the operation of the Great
Plains Gasification Plant shall be immediately transferred to
the General Fund of the Treasury. Funds are hereby rescinded
in the amount of $2,500,000 from unobligated balances under
this head.

naval petroleum and oil shale reserves

For necessary expenses in carrying out naval petroleum and
oil shale reserve activities, [$143,786,000 (reduced by
$11,764,000)] $133,000,000, to remain available until
expended: Provided, That the requirements of 10 U.S.C.
7430(b)(2)(B) shall not apply to fiscal year 1997.

energy conservation

For necessary expenses in carrying out energy conservation
activities, [$507,680,000 (increased by $11,764,000)
(increased by $4,000,000)] $570,452,000, to remain available
until expended, including, notwithstanding any other
provision of law, the excess amount for fiscal year 1997
determined under the provisions of section 3003(d) of Public
Law 99-509 (15 U.S.C. 4502): Provided, That [$125,000,000
(increased by $11,764,000)] $158,900,000 shall be for use in
energy conservation programs as defined in section 3008(3) of
Public Law 99-509 (15 U.S.C. 4507) and shall not be available
until excess amounts are determined under the provisions of
section 3003(d) of Public Law 99-509 (15 U.S.C. 4502):
Provided further, That notwithstanding section 3003(d)(2) of
Public Law 99-509 such sums shall be allocated to the
eligible programs as follows: [$100,000,000 (increased by
$11,764,000)] $131,500,000 for weatherization assistance
grants and [$25,000,000] $27,400,000 for State energy
conservation grants.

economic regulation

For necessary expenses in carrying out the activities of
the Office of Hearing and Appeals, $2,725,000, to remain
available until expended.

strategic petroleum reserve

(including transfer of funds)

For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $220,000,000,
to remain available until expended, [of which $220,000,000
shall be repaid from the ``SPR Operating Fund'' from amounts
made available from the sale of oil from the Reserve] of
which $220,000,000 shall be repaid from the ``SPR Operating
Fund'' from amounts made available from the sale of oil from
the Reserve: Provided, That notwithstanding section 161 of
the Energy Policy and Conservation Act, the Secretary shall
draw down and sell in fiscal year 1997 $220,000,000 worth of
oil from the Strategic Petroleum Reserve: Provided further,
That the proceeds from the sale shall be deposited into a
special account in the Treasury, to be established and known
as the ``SPR Operating Fund'', and shall, upon receipt, be
transferred to the Strategic Petroleum Reserve account for
operations of the Strategic Petroleum Reserve.

spr petroleum account

Notwithstanding 42 U.S.C. 6240(d) the United States share
of crude oil in Naval Petroleum Reserve Numbered 1 (Elk
Hills) may be sold or otherwise disposed of to other than the
Strategic Petroleum Reserve: Provided, That outlays in fiscal
year 1997 resulting from the use of funds in this account
shall not exceed $5,000,000.

energy information administration

For necessary expenses in carrying out the activities of
the Energy Information Administration, [$66,120,000]
$64,120,000 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.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, [$1,779,561,000] $1,800,836,000, 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

[[Page S10522]]

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
[$353,125,000] $353,128,000 for contract medical care shall
remain available for obligation until September 30, 1998:
Provided further, That of the funds provided, not less than
[$11,306,000] $11,706,000 shall be used to carry out the loan
repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That funds provided in
this Act may be used for one-year contracts and grants which
are to be performed in two fiscal years, so long as the total
obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement
Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security
Act (exclusive of planning, design, or construction of new
facilities)[: Provided further, That of the funds provided,
$7,500,000 shall remain available until expended, for the
Indian Self-Determination Fund, which shall be available for
the transitional costs of initial or expanded tribal
contracts, grants or cooperative agreements with the Indian
Health Service under the provisions of the Indian Self-
Determination Act]: Provided further, That of the funds
provided, $7,500,000 shall remain available until expended,
for the Indian Self-Determination Fund, which shall be
available for the nonrecurring transitional costs of initial
or expanded tribal contracts, compacts, grants or cooperative
agreements with the Indian Health Service under the
provisions of the Indian Self-Determination Act: Provided
further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain
available for obligation until September 30, 1998: Provided
further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended.

indian health facilities

For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, 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, [$227,701,000]
$251,957,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds
appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian
tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.

administrative provisions, indian health service

Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefore as authorized by 5 U.S.C. 5901-5902;
and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities: Provided, That in accordance with the provisions
of the Indian Health Care Improvement Act, non-Indian
patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651-53)
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 the Indian Health
Service shall neither bill nor charge those Indians who may
have the economic means to pay unless and until such time as
Congress has agreed upon a specific policy to do so and has
directed the Indian Health Service to implement such a
policy:] 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 funds received from any
source, including tribal contractors and compactors for
previously transferred functions which tribal contractors and
compactors no longer wish to retain, for services, goods, or
training and technical assistance, shall be retained by the
Indian Health Service and shall remain available until
expended by the Indian Health Service: 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.

DEPARTMENT OF EDUCATION

Office of Elementary and Secondary Education

indian education

For necessary expenses to carry out, to the extent not
otherwise provided, title IX, part A of the Elementary and
Secondary Education Act of 1965, as amended, and section 215
of the Department of Education Organization Act, $52,500,000.

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,
[$20,345,000] $19,345,000, 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),
$5,500,000.

Smithsonian Institution

salaries and expenses

For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for
terms not to exceed thirty years), and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; up to 5
replacement passenger vehicles; purchase, rental, repair, and
cleaning of uniforms for employees; [$317,188,000]

[[Page S10523]]

$317,582,000, of which not to exceed [$31,664,000]
$30,665,000 for the instrumentation program, collections
acquisition, Museum Support Center equipment and move,
exhibition reinstallation, the National Museum of the
American Indian, the repatriation of skeletal remains
program, research equipment, information management, and
Latino programming shall remain available until expended, and
including such funds as may be necessary to support American
overseas research centers and a total of $125,000 for the
Council of American Overseas Research Centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.

construction and improvements, national zoological park

For necessary expenses of planning, construction,
remodeling, and equipping of buildings and facilities at the
National Zoological Park, by contract or otherwise,
[$3,250,000] $4,000,000, to remain available until expended.

repair and restoration of buildings

For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institution,
by contract or otherwise, as authorized by section 2 of the
Act of August 22, 1949 (63 Stat. 623), including not to
exceed $10,000 for services as authorized by 5 U.S.C. 3109,
[$39,954,000] $38,000,000, to remain available until
expended: Provided, That contracts awarded for environmental
systems, protection systems, and exterior repair or
restoration of buildings of the Smithsonian Institution may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.

construction

For necessary expenses for construction, [$7,000,000]
$12,000,000, to remain available until expended.

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, $53,899,000,
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, $5,942,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.

John F. Kennedy Center for the Performing Arts

operations and maintenance

For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $10,875,000.

construction

For necessary expenses of capital repair and rehabilitation
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $9,000,000, to
remain available until expended.

Woodrow Wilson International Center for Scholars

salaries and expenses

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

National Foundation on the Arts and the Humanities

National Endowment for the Arts

grants and administration

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$82,734,000, shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to section 5(c) of the Act, and for administering
the functions of the Act, to remain available until expended.

matching grants

To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $16,760,000, to remain available until
expended, to the National Endowment for the Arts: Provided,
That this appropriation shall be available for obligation
only in such amounts as may be equal to the total amounts of
gifts, bequests, and devises of money, and other property
accepted by the Chairman or by grantees of the Endowment
under the provisions of section 10(a)(2), subsections
11(a)(2)(A) and 11(a)(3)(A) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.

National Endowment for the Humanities

grants and administration

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
[$92,994,000] $87,994,000 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, $11,500,000, to remain available until
expended, of which $7,500,000 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 Services

grants and administration

For carrying out title II of the Arts, Humanities, and
Cultural Affairs Act of 1976, as amended, $21,000,000, to
remain available until expended.

administrative provisions

None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses.

Commission of Fine Arts

salaries and expenses

For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $867,000.

national capital arts and cultural affairs

For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $6,000,000.

Advisory Council on Historic Preservation

salaries and expenses

For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,500,000:
Provided, That none of these funds shall be available for the
compensation of Executive Level V or higher position.

National Capital Planning Commission

salaries and expenses

For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C 71-71i), including
services as authorized by 5 U.S.C. 3109, $5,390,000:
Provided, That all appointed members will be compensated at a
rate not to exceed the rate for Executive Schedule Level IV.

Franklin Delano Roosevelt Memorial Commission

salaries and expenses

For necessary expenses of the Franklin Delano Roosevelt
Memorial Commission, established by the Act of August 11,
1955 (69 Stat. 694), as amended by Public Law 92-332 (86
Stat. 401), [$125,000] $500,000 to remain available until
expended.

United States Holocaust Memorial Council

holocaust memorial council

For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96-388 (36 U.S.C. 1401), as amended,
[$29,707,000] $30,707,000, of which $1,575,000 for the
Museum's repair and rehabilitation program and $1,264,000 for
the Museum's exhibitions program shall remain available until
expended.

TITLE III--GENERAL PROVISIONS

Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.

[[Page S10524]]

Sec. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the
Secretary of Agriculture for the leasing of oil and natural
gas by noncompetitive bidding on publicly owned lands within
the boundaries of the Shawnee National Forest, Illinois:
Provided, That nothing herein is intended to inhibit or
otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 304. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless advance notice of such assessments and the basis
therefor are presented to the Committees on Appropriations
and are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of
the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds
the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the
``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 308. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 1995.
Sec. 309. None of the funds made available by this Act may
be obligated or expended by the National Park Service to
enter into or implement a concession contract which permits
or requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 310. Where the actual costs of construction projects
under self-determination contracts, compacts, or grants,
pursuant to Public Laws 93-638, 103-413, or 100-297, are less
than the estimated costs thereof, use of the resulting excess
funds shall be determined by the appropriate Secretary after
consultation with the tribes.
Sec. 311. Notwithstanding Public Law 103-413, quarterly
payments of funds to tribes and tribal organizations under
annual funding agreements pursuant to section 108 of Public
Law 93-638, as amended, may be made on the first business day
following the first day of a fiscal quarter.
Sec. 312. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program,
unless the relevant agencies of the Department of the
Interior and/or Agriculture follow appropriate reprogramming
guidelines: Provided, That if no funds are provided for the
AmeriCorps program by the VA-HUD and Independent Agencies
fiscal year 1997 appropriations bill, then none of the funds
appropriated or otherwise made available by this Act may be
used for the AmeriCorps programs.
Sec. 313. None of the funds made available in this Act may
be used (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when it is made known to the Federal official
having authority to obligate or expend such funds that such
pedestrian use is consistent with generally accepted safety
standards.
Sec. 314. (a) None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for
any mining or mill site claim located under the general
mining laws.
(b) The provisions of subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994, and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Processing Schedule.--For those applications for
patents pursuant to subsection (b) which were filed with the
Secretary of the Interior, prior to September 30, 1994, the
Secretary of the Interior shall--
(1) Within three months of the enactment of this Act, file
with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
United States Senate a plan which details how the Department
of the Interior will make a final determination as to whether
or not an applicant is entitled to a patent under the general
mining laws on at least 90 percent of such applications
within five years of the enactment of this Act and file
reports annually thereafter with the same committees
detailing actions taken by the Department of the Interior to
carry out such plan; and
(2) Take such actions as may be necessary to carry out such
plan.
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.
Sec. 315. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of
acquiring lands in the counties of Lawrence, Monroe, or
Washington, Ohio, for the Wayne National Forest.
Sec. 316. Of the funds provided to the National Endowment
for the Arts:
(a) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a [State, regional or local group,] State or local arts
agency, or regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods
and services.
(c) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 317. The United States Forest Service approval of
Alternative site 2 (ALT 2), issued on December 6, 1993, is
hereby authorized and approved and shall be deemed to be
consistent with, and permissible under, the terms of Public
Law 100-696 (the Arizona-Idaho Conservation Act of 1988).
Sec. 318. None of the funds made available to the
Department of the Interior or the Department of Agriculture
by this or any other Act may be used to issue or implement
final regulations, rules, or policies pursuant to title VIII
of the Alaska National Interest Lands Conservation Act to
assert jurisdiction, management, or control over navigable
waters transferred to the State of Alaska pursuant to the
Submerged Lands Act of 1953 or the Alaska Statehood Act of
1959.
Sec. 319. No funds appropriated under this or any other Act
shall be used to review or modify sourcing areas previously
approved under section 490(c)(3) of the Forest Resources
Conservation and Shortage Relief Act of 1990 (Public Law 101-
382) or to enforce or implement Federal regulations 36 CFR
part 223 promulgated on September 8, 1995. The regulations
and interim rules in effect prior to September 8, 1995 (36
CFR 223.48, 36 CFR 223.87, 36 CFR 223 subpart D, 36 CFR 223
subpart F, and 36 CFR 261.6) shall remain in effect. The
Secretary of Agriculture or the Secretary of the Interior
shall not adopt any policies concerning Public Law 101-382 or
existing regulations that would restrain domestic
transportation or processing of timber from private lands or
impose additional accountability requirements on any timber.
The Secretary of Commerce shall extend until September 30,
1997, the order issued under section 491(b)(2)(A) of Public
Law 101-382 and shall issue an order under section
491(b)(2)(B) of such law that will be effective October 1,
1997.
[Sec. 320. Section 101(c) of Public Law 104-134 is amended
as follows: Under the heading ``Title III--General
Provisions'' amend section 315(f) by striking ``September 30,
1998'' and inserting in lieu thereof ``September 30, 1999''
and by striking ``September 30, 2001'' and inserting in lieu
thereof ``September 30, 2002''.]

[[Page S10525]]

Sec. 320. Section 101(c) of Public Law 104-134 is amended
as follows: Under the heading ``Title III--General
Provisions'' amend section 315(b) by striking ``50, areas,''
and inserting in lieu thereof ``100, areas,'' and amend
section 315(f) by striking ``September 30, 1998'' and
inserting in lieu thereof ``September 30, 1999'' and by
striking ``September 30, 2001'' and inserting in lieu thereof
``September 30, 2002''.
Sec. 321. None of the amounts made available by this Act
may be used for design, planning, implementation,
engineering, construction, or any other activity in
connection with a scenic shoreline drive in Pictured Rocks
National Lakeshore.
[Sec. 322. None of the funds made available in this Act may
be used by the Bureau of Indian Affairs to transfer any land
into trust under section 5 of the Indian Reorganization Act
(25 U.S.C. 465), or any other Federal statute that does not
explicitly denominate and identify a specific tribe or
specific property, except when it is made known to the
Federal official having authority to obligate or expend such
funds that--
[(1) a binding agreement is in place between the tribe that
will have jurisdiction over the land to be taken into trust
and the appropriate State and local officials; and
[(2) such agreement provides, for as long as the land is
held in trust, for the collection and payment, by any retail
establishment located on the land to be taken into trust, of
State and local sales and excise taxes, including any special
tax on motor fuel, tobacco, or alcohol, on any retail item
sold to any nonmember of the tribe for which the land is held
in trust, or an agreed upon payment in lieu of such taxes.]
Sec. 322. Land transfer, Bend Silviculture Lab, Deschutes
National Forest, Oregon.--
(a) Transfer of real property and all improvements located
thereon.--Notwithstanding any other provisions of law, there
is hereby transferred, without consideration and subject to
existing valid rights, all right, title and interest of the
United States in and to approximately 5.73 acres of land as
described by plat dated July 7, 1977, (which is on file and
available for public inspection in the Office of the Chief,
USDA Forest Service, Washington, D.C.), as well as all
improvements, including the Bend Silviculture Lab located
thereon, to the Central Oregon Community College, Bend,
Oregon; this being a portion of the same tract acquired by
donation from the City of Bend on August 10, 1960, through a
Bargain and Sale deed to the USDA Forest Service for use as a
research lab, and recorded in volume 125, page 508 of the
Deschutes County, Oregon, Deed Records.
(b) Conditions of transfer.--The transfer effected by
subsection (a) is made subject to no special terms or
conditions.
Sec. 323. Upon the date of enactment of this Act, no part
of any appropriation contained in this Act or any other Act
shall be expended or obligated to fund the activities of the
Office of Forestry and Economic Assistance, or any successor
office.
Sec. 324. (a) The Secretary of the Interior is authorized
to accept title to approximately 84 acres of land located in
Prince Georges County, Maryland, adjacent to Oxon Cove Park,
and bordered generally by the Potomac River, Interstate 295
and the Woodrow Wilson Bridge, or any interest therein, and
in exchange therefor may convey to the Corrections
Corporation of America approximately 50 acres of land located
in Oxon Cove Park in the District of Columbia and bordered
generally by Oxon Cove, Interstate 295 and the District of
Columbia Impound Lot, or any interest therein.
(b) Before proceeding with an exchange, the Secretary shall
determine if the federal property is suitable for exchange
under the criteria normally used by the National Park
Service. The exchange shall comply with applicable
regulations and National Park Service policies for land
exchanges.
(c)(1) The Secretary shall not acquire any lands under this
section if the Secretary determines that the lands or any
portion thereof have become contaminated with hazardous
substances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 960l)).
(2) Notwithstanding any other provision of law, the United
States shall have no responsibility or liability with respect
to any hazardous wastes or other substances placed on any of
the lands covered by this section after their transfer to the
ownership of any party, but nothing in this section shall be
construed as either diminishing or increasing any
responsibility or liability of the United States based on the
condition of such lands on the date of their transfer to the
ownership of another party: Provided, That the Corrections
Corporation of America shall indemnify the United States for
liabilities arising under the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 960l)
and the Resource Conservation Recovery Act (42 U.S.C. 690l,
et seq.).
(d) The properties so exchanged either shall be
approximately equal in fair market value or if they are not
approximately equal, shall be equalized by the payment of
cash to the Corporation or to the Secretary as required or in
the event the value of the Corporation's lands is greater,
the acreage may be reduced so that the fair market value is
approximately equal: Provided, That the Secretary shall order
appraisals made of the fair market value for improvements
thereon: Provided further, That any such cash payment
received by the Secretary shall be deposited to
``Miscellaneous Trust Funds, National Park Service'' and
shall be available without further appropriation until
expended for the acquisition of land within the National Park
System.
(e) Costs of conducting necessary land surveys, preparing
the legal descriptions of the lands to be conveyed,
performing the appraisals, and administrative costs incurred
in completing the exchange shall be borne by the Corporation.
(f) Following any exchange authorized by this provision,
the boundaries of Oxon Cove Park shall be expanded to include
the land acquired by the United States.
Sec. 325. None of the funds provided by this Act or any
other Act available to the National Park Service, Fish and
Wildlife Service, Bureau of Land Management, or Forest
Service may be obligated for the costs of employee relocation
or transfer of duty at a level that exceeds ninety percent of
the average amounts spent for this purpose in fiscal year
1994 and 1995.
Sec. 326. Section 1. Land Exchange.--
(a) Exchange.--Subject to subsection (c), the Secretary of
Agriculture (referred to in this section as the
``Secretary'') shall convey all right, title, and interest of
the United States in and to the National Forest System lands
described in subsection (b)(1) to Public Utility District No.
1 of Chelan County, Washington (referred to in this section
as the ``Public Utility District''), in exchange for the
conveyance to the Department of Agriculture by the Public
Utility District of all right, title, and interest of the
Public Utility District in and to the lands described in
subsection (b)(2).
(b) Description of lands.--
(1) National Forest System Lands.--The National Forest
System lands referred to in subsection (a) are 122 acres,
more or less, that are partially occupied by a wastewater
treatment facility referred to in subsection (c)(4)(A) with
the following legal description:
(A) The NE\1/4\ of SW\1/4\ of section 27 of township 27
north, range 17 east, Wilamette Meridian, Chelan County,
Washington.
(B) The N\1/2\ of SE\1/4\ of SW\1/4\ of such section 27.
(C) The W\1/2\ of NW\1/4\ of SE\1/4\ of such section 27.
(D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of such section 27.
(E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of such section
27.
(F) That portion of the S\1/2\ of SE\1/4\ of SW\1/4\ lying
north of the northerly edge of Highway 209 right-of-way of
such section 27.
(2) Public utility district lands.--The lands owned by the
Public Utility District are 109.15 acres, more or less, with
the following legal description:
(A) S\1/2\ of SW\1/4\ of section 35 of township 26 north,
range 17 east, Wilamette Meridian, Chelan County, Washington.
(B) The area specified by Public Utility District No. 1 as
Government Lot 5 in such section 35.
(c) Requirements for exchange.--
(1) Title acceptance and conveyance.--Upon offer by the
Public Utility District of all right, title and interest in
and to the lands described in subsection (b)(2), if the title
is found acceptable by the Secretary, the Secretary shall
accept title to such lands and interests therein and shall
convey to the Public Utility District all right, title, and
interest of the United States in and to the lands described
in subsection (b)(1).
(2) Appraisals required.--Before making an exchange
pursuant to subsection (a), the Secretary shall conduct
appraisals of the lands that are subject to the exchange to
determine the fair market value of the lands. Such appraisals
shall not include the value of the wastewater treatment
facility referred to in paragraph (4)(A).
(3) Additional consideration.--If, on the basis of the
appraisals made under paragraph (1), the Secretary determines
that the fair market value of the lands to be conveyed by one
party under subsection (a) is less than the fair market value
of the lands to be conveyed by the other party under
subsection (a), then, as a condition of making the exchange
under subsection (a), the party conveying the lands with the
lesser value shall pay the other party the amount by which
the fair market value of the lands of greater value exceeds
the fair market value of the lands of lesser value.
(4) Conveyance of wastewater treatment facility.--(A) As
part of an exchange made under subsection (a), the Secretary
shall convey to the Public Utility District of Chelan County,
Washington, all right, title and interest of the United
States in and to the wastewater treatment facility (including
the wastewater treatment plant and associated lagoons)
located on the lands described in subsection (b)(1) that is
in existence on the date of the exchange.
(B) As a condition for the exchange under subsection (a),
the Public Utility District shall provide for a credit equal
to the fair market value of the wastewater treatment facility
conveyed pursuant to subparagraph (A) (determined as of
November 4, 1991), that shall be applied to the United
States' share of any new wastewater treatment facility
constructed by the Public Utility District after such date.
(d) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection
with the exchange under this section as the Secretary
determines appropriate to protect the interests of the United
States.
Sec. 327. ``Snoqualmie National Forest Boundary Adjustment
Act of 1996.''
(a) In general.--The Secretary of Agriculture is hereby
directed to modify the boundary of the Snoqualmie National
Forest to include and encompass 10,589.47 acres, more or
less, as generally depicted on a map entitled ``Snoqualmie
National Forest Proposed 1996 Boundary Modification'' dated
July, 1996. 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.
(b) Rule for land and water conservation fund.--For the
purposes of section 7 of the Land and Water Conservation Fund
Act of 1965

[[Page S10526]]

(16 U.S.C. 460l-9), the boundary of the Snoqualmie National
Forest, as modified pursuant to subsection (a), shall be
considered to be the boundary of that National Forest as of
January 1, 1965.
Sec. 328. Sugarbush Land Exchange Act of 1996.
(a) Exchange or sale of land.--
(1) If Sugarbush Resort Holdings, Inc. conveys to the
United States land acceptable to the Secretary of Agriculture
that is at least equal in value to the value of the land
described in subsection (a)(2), makes a payment of cash at
least equal to that value, or conveys land and makes a
payment of cash that in combination are at least equal to
that value, the Secretary, subject to valid existing rights,
shall, under such terms and conditions as the Secretary may
prescribe, convey all right, title, and interest of the
United States in and to the land described in subsection
(a)(2).
(2) Federal land to be exchanged.--The Federal land to be
exchanged is approximately 57 acres of federally owned land
in the Green Mountain National Forest depicted on the map
entitled ``Green Mountain National Forest, Sugarbush
Exchange,'' dated December 1995.
(3) Lands acquired from Sugarbush Resort Holdings, Inc.--
Any land conveyed to the United States in an exchange under
subsection (a)(1) shall be subject to such valid existing
rights of record as may be acceptable to the Secretary, and
the title to the parcel shall conform with the title approval
standards applicable to federal land acquisitions.
(b) Administration of land.--
(1) Addition to green mountain national forest.--On
approval and acceptance of title by the Secretary, the land
acquired by the United States through an exchange or with
proceeds from a sale under subsection (a) shall become part
of the Green Mountain National Forest, and the boundaries of
the National Forest shall be adjusted to include the land.
(2) Administration.--Land acquired under this Act shall be
administered by the Secretary in accordance with the laws
(including regulations) pertaining to the National Forest
System.
(3) Authority of the secretary.--This section does not
limit the authority of the Secretary to adjust the boundaries
of the Green Mountain National Forest pursuant to section 11
of the Act of March 1, 1911 (36 Stat. 963, chapter 186; 16
U.S.C. 521) (commonly known as the ``Weeks Law'').
(4) For the purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Green Mountain National Forest, as adjusted
under this Act, shall be considered to be the boundaries of
the Green Mountain National Forest as of January 1, 1965.
This Act may be cited as the ``Department of the Interior
and Related Agencies Appropriations Act, 1997''.

Mr. LOTT. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GORTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GORTON. Mr. President, I bring before the Senate today the fiscal
year 1997 Department of the Interior and related agencies
appropriations bill.
This bill, as reported by the Appropriations Committee, totals
$12,617,764,000 in discretionary budget authority and $13,306 million
in outlays and is within the 602(b) allocations. Any amendments offered
to the Interior bill will require offsets. The President's budget
request is $263 million above the committee's budget authority
allocation and is $333 million above the committee's outlay allocation.
The bill before you represents difficult choices and challenges. The
needs for various agencies funded through the Interior bill are great,
from operations and facilities requirements of the national parks,
forests, refuges, public lands, and museums to the basic health care,
tribal government, and education services provided to native Americans.
Funding for fighting fire on public lands, such as the fires that have
been devastating the West this summer, is provided through the Interior
bill. In putting this bill together, we have attempted to strike a
balance among these competing interests.
I wish to thank the distinguished chairman of the Appropriations
Committee, Senator Hatfield, for his support of the Interior bill
programs and his willingness to give the Interior Subcommittee an
additional $500 million in budget authority and $400 million in outlay
allocations above the House allocations. It is because of Senator
Hatfield that I am able to present this as a balanced and appropriate
bill, with attention to and recognition of the difficult decisions that
had to be made during formulation of this bill.
This year, the Interior Subcommittee received approximately 1,400
requests for amendments to the bill, that total to more than $2
billion. Many of these requests presumed enactment of the amounts
proposed in the President's budget, and then proposed to add above
that. With the budget constraints we faced, our starting point was the
fiscal year 1996 budget with consideration of the administration's
fiscal year 1997 budget proposals, of the priorities contained within
the budget request, and of concerns important to Members.
As is the usual practice on the Interior Subcommittee, this bill was
prepared in a bipartisan manner.
Senator Byrd and his staff were not only cooperative, but were major
and significant players in drafting the bill that is before you today.
The recommendations represent the result of extensive review of the
President's budget proposals through subcommittee hearings with the
agencies, briefings, and written testimony from the public.
Now, we will turn to the recommendations before you today. Among the
items of interest are of course, those within land management.
The committee has provided additional funds above the fiscal year
1996 amounts for the operational accounts of the land management
agencies: Bureau of Land Management--2 percent, Fish and Wildlife
Service--6 percent, National Park Service--7 percent, Forest Service--2
percent.
The land management agencies are involved presently with the
suppression of devastating wildfires and are faced with a shortage of
funds to fight the wildfires. This recommendation provides $321 million
for presuppression fire activities, $340 million for fire suppression,
and $110 million for an emergency appropriation, that is contingent
upon the President's emergency declaration.
To assist with the growing recreation demands on the agencies in this
bill, the pilot recreation fee proposal is extended for an additional
year and the number of demonstration sites are increased from 50 to
100. Eighty percent of the fee collections are to be returned to the
site from which they are collected.
I may add, Mr. President, at this time, I was recently briefed by the
heads of each of those agencies. Each of them is enthusiastic about
this proposition. It has improved morale in the various services
because they can now see the tangible results they can obtain by these
fee schedules, some new and some increased. So far, the public response
has been very positive because the public can see that it is actually
getting something in each of the parks or refuges to which admission
fees are being charged.
I think this is a first-rate experiment. I am convinced that it will
soon become permanent and that it will result in at least beginning to
work on the background of deferred maintenance in all of our public
lands that are used for recreational purposes.
The construction accounts for the land management agencies have
increased $39.6 million in total--11 percent. The majority of the
construction projects involve the completion of ongoing projects and
the restoration or rehabilitation of existing facilities. No new starts
for visitor centers are provided. While it may seem that this is a
large increase for construction, I would remind my colleagues that the
facility backlogs for these land management agencies are approximately
$9 million.
Overall funding for land acquisition for the land management agencies
totals $152.9 million, which is $14.7 million--11 percent--over the
current level and $52.9 million above the level appropriated in the
House of Representatives. The committee has identified specific
projects, while the House bill did not. Priority is given to completing
ongoing acquisitions and avoiding new starts that would increase future
demands. Additional funds are provided to acquire sensitive endangered
species habitat and to ensure protection of natural and cultural
resources.
With respect to the science agencies, funding for the Office of
Surface Mining and Minerals Management Service is increased slightly.
On cultural activities, the first priority was to provide adequate
resources to those cultural institutions such as our Nation's museums,
for which this subcommittee has primary funding responsibility.

[[Page S10527]]

Among the many competing needs of our cultural agencies, the
subcommittee continues to place particular emphasis on repair and
renovation work that is required to keep these institutions open to the
public and collections preserved safely. Budget estimates from the
Kennedy Center, the National Gallery of Art, and the Smithsonian
Institution have been met in full to facilitate this work.
With respect to the Department of Energy, energy conservation
programs are $33 million--6.2 percent over the fiscal year 1996 level
and $47 million over the House level. This includes an increase of
$19.7 million over fiscal year 1996 for weatherization.
Fossil research and development is down 3.8 percent from the
comparable fiscal year 1996 level, but is $12.75 million above the
House bill.
Mr. President, $150 million is rescinded from the Clean Coal
Technology Program, substantially less than the $325 million rescission
proposed in the budget.
Senator Byrd and I have studied this program carefully. I have
deferred to him, as he is the overriding national expert on the
subject. And I am assured by him that the bill includes the absolute
maximum rescission that can be sustained at this time without
prematurely terminating ongoing projects.
Funding for the naval petroleum and oil shale reserves is decreased
by $16.5 million from the request of $149.5 million. While the
Department of Energy has stated that this reduction will result in a
revenue loss of $45 million over the next 2 years, I see no other
alternative in light of the lack of support shown for the reserves by
this committee last year.
Operations of the strategic petroleum reserve are funded by oil sales
from the reserves of some $220 million.
With respect to Indian programs in the Bureau of Indian Affairs
overall, funding increases by $10.3 million above the fiscal year 1996
funding, and $32 million above the amount in the House bill. Emphasis
has been placed on providing additional funding to tribal priority
allocations, which is $22.5 million--3 percent above fiscal year 1996
and $12.5 million above the House level. Within the tribal priority
allocations, the committee has included an increase of $4 million for
small and needy tribes and a general increase of $14.7 million. The
committee has also placed emphasis on elementary and secondary school
operations and has increased funding by $18.4 million--5 percent above
fiscal year 1996 level and $8.9 million above the House level.
Funding has been provided for enacted Indian land and water
settlements as requested by the administration.
The bill reported by the committee includes a provision that would
allow tribes the option to receive direct payments from the Bureau of
Indian Affairs for services or the option to receive services in the
current manner. While this provision was initiated in cooperation with
the Indian Affairs Committee, consensus on the final details of the
plan could not be reached.
Mr. President, this is a result that I greatly regret. A bill has
been reported by the Committee on Indian Affairs that would accomplish
this goal in a much more permanent and extensive fashion.
There is great resistance to that bill from many quarters, some
within the Indian community, some within the administration, some from
outside. I share many of those reservations. I had hoped, and I
continue to hope, that we could experiment with this field, could start
down the road on an optional basis, and could do it in an
appropriations bill for 1 year, perhaps 2 years, perhaps 3 years to see
how it worked.
I am deeply sorry that, between the administration and the Bureau of
Indian Affairs and at least some of the Indian communities, this
experiment was not deemed to be acceptable. In fact, it is the subject
of a letter from the White House threatening a possible veto of the
bill.
I understand that Senator McCain will make a motion to strike this
provision in its entirety, and with great regret, I will agree to that
motion, and it will be stricken. I hope by next year, we will be able
to reach a resolution of this problem so that we can move forward with
what I am convinced is an appropriate experiment in increasing the
authority of the tribes over their own affairs.
Total funding for the Indian Health Service has increased in this
bill by some $66 million. This increase is for staffing of recently
completed facilities, a portion of pay costs to maintain existing
service levels, and funding for replacement of a health care facility
in Montana that recently burned to the ground.
Mr. President, I am continuing an experiment which I began, at least
for the committee, last year. I have available for all Members of the
Senate, and for the public, a picture of what we are doing. This is
another case in which I think a picture is worth a thousand words. I
have cast about a large number of statistics, even in these brief
opening remarks. This chart shows where the roughly $13 billion in this
bill will actually go.
The left column, in various shades of green, is the land management
programs which are the responsibility of this subcommittee and, of
course, of this Congress. The Forest Service is on the bottom, the
National Park Service next, Bureau of Land Management above that, and
the Fish and Wildlife Service on top, for a total of almost $6 billion,
but $6 billion spent in the management of the public patrimony of the
people of the United States, the lands that we as a people own, I think
the most important responsibility of this committee.
Those ratios are not greatly different from last year. They are
probably a little bit higher than they were last year because of the
increased recreational use, an increase which goes on year after year
after year in almost all of these areas.
The second, the blue column, has to do with our responsibilities for
Native Americans. The lower part of it is the Indian Health Service,
which you will notice is larger for that single unit than in the entire
Bureau of Indian Affairs and, then there are tiny little appropriations
on top of that. But that is a little bit under $4 billion. So we are
close to $10 billion at this point in the land management programs and
Indian programs.

Then we shift over to science programs, in shades of purple. The
largest portion of that, slightly more than a billion dollars is the
Geological Survey, the Office of Surface Mining and Minerals, mining
service and others. There we consolidated money that goes to two
different Departments.
Then there is energy programs, in orange, to the Department of
Energy. Research and development is the largest portion of that, less
than a billion dollars. The management of our oil reserves and grants
for various programs, mostly directed at the more effective use of our
energy or the development of new energy sources.
The dark blue is the cultural programs of the United States, and,
basically, except for a tiny share for memorials, they go in large
measure to the museums--the Smithsonian, the National Gallery of Art--
the repositories of much of our culture. The smaller amount goes to the
endowments--the National Endowment for the Arts and the National
Endowment for the Humanities.
Finally, over on the right, the smallest portion, about $200 million,
is the management of the Department of the Interior.
This shows people the relative size of the spending of the people of
the United States on these matters, all of which are important and may
help guide Members of this body as they deal with amendments.
Before I yield the floor, I want to repeat something that was in my
written remarks.
Last year was my first as the chairman of this subcommittee, and I
took on that position with some trepidation, because I succeeded in
that position as subcommittee chairman my friend and colleague and
mentor, the senior Senator from West Virginia, Senator Byrd, who has
chaired the full committee and the subcommittee. He made that
transition both easy and constructive, Mr. President, by his advice, by
his knowledge of the programs with which we dealt and by his wonderful
support.
As a consequence, when we debated this bill on this floor last year,
we had a number of controversial and contested amendments. Not one of
those amendments after debate and on a vote

[[Page S10528]]

was decided by a party-line vote, because the management of these
programs should not and is not a partisan matter. They were decided, I
think, on their merits. Members had to consider carefully what was
being said because they couldn't come down and vote a straight party
line, and that is the way, in my view, that the Senate ought to work.
It worked that way because of the cooperation and thoughtfulness of
Senator Byrd. I appreciated that. We ended up with a number of troubles
and veto over a matter which neither of us had any control. This year,
I believe that we have a bill, even if there are a few amendments on
it, that has an outstanding chance of being approved by the President
of the United States, particularly if we are able to retain the extra
$500 million in allocations that was given to us in conference with the
House. I believe we will be able to retain that. I think we are able to
do a good job, and if we are a complete success this year, the credit
will be largely due to my friend and colleague, Senator Byrd.
With that, I yield the floor.
Mr. BYRD addressed the Chair.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. BYRD. Mr. President, I am pleased to speak in support of the
fiscal year 1997 Interior appropriations bill. This bill was reported
out by the Appropriations Committee on July 16, so there has been ample
time for Senators to review its contents. I hope that the Senate will
be able to move expeditiously in its consideration of this bill. The
start of the new fiscal year will be upon us before long, and there are
enough differences between this bill and the House version that the
sooner we can get to conference, the better our chances of resolving
these differences will be.
Again this year, it has been a privilege for me to work with Senator
Gorton in the development of this appropriations bill. He is a very
able chairman--I have said on more than one occasion that he is more
knowledgeable about the details of this bill than was his predecessor.
The Interior bill is a complex bill--it provides funding for 40
different Federal agencies, ranging from the national parks, to Indian
hospitals, to the Smithsonian Institution, to energy research and
development. The reach of this bill is vast--there are 368 national
park units, 121 national forests, over 500 national wildlife refuges,
438 Indian hospitals and clinics, 16 Smithsonian museums, 185 Indian
schools, and countless other facilities where the research and
technology development supported by this bill occurs.
Because of the extent to which the programs under the subcommittee's
jurisdiction touch so many Americans, this is a bill in which many
Senators are very interested. Again this year, the subcommittee
received numerous requests for attention to particular items of concern
to Senators, despite limited, and increasingly limited, funding
resources. I believe that the chairman has done an excellent job in
putting the pieces of this bill together. He has been very fair in his
approach. His task in developing this bill was made easier by the much
better allocation provided by the full committee chairman, Senator
Hatfield. The Senate version of this bill has $500 million more in
budget authority and $400 million more in outlays than its House
counterpart. These resources still leave the subcommittee essentially
at a freeze level, so adjustments have been made internally to address
the highest priority programs in the bill.

I urge the administration to take a close look at the distribution of
the resources provided by the Senate. Additional funds above the House
are provided in important areas such as fire protection, national
parks, land acquisition, Indian programs, energy efficiency, and
Smithsonian activities. If the Interior bill were to be vetoed and the
various individual accounts to be held to the fiscal year 1996 level,
it would have far greater consequences than the language concerns or
than not to providing additional funding for the areas identified by
the administration. For example, under a freeze at the 1996 level,
firefighting would receive $414 million below this bill's
recommendations; park operations would be at a level $74 million below
the Senate recommendation; endangered species programs would be $10
million below the committee recommendation; tribal priority allocations
in the Bureau of Indian Affairs would be $22 million less; energy
efficiency research and development would be $33 million less; and
administrative functions, particularly the Interior Departmental
management account, would be lower.
I will not delve further into the details of the appropriations bill.
The chairman has summarized sufficiently the various programs and
activities contained in this year's bill. The bill contains a good
balance among the various programs--our national parks, basic human
services for native Americans, minerals and science, energy research
and development, the public lands and wildlife resources, our national
forests, and the cultural institutions that draw so many visitors to
our Nation's capital each year.

About $1 billion of the funding recommended in this bill falls within
the jurisdiction of the Department of Energy. Because of the
considerable importance of several Department of Energy programs to my
State, particularly fossil energy and clean coal technology, I have met
with Secretary O'Leary to discuss various issues. And I have found her
always--I have met with her on several occasions over the years. I have
always found her to be responsive and forthright in her stewardship of
the Department of Energy. She faces an enormous task--not just on all
matters related to energy policy, but also in managing the vast complex
of the Department of Energy's weapons activities. Secretary O'Leary has
been steadfast in her efforts to show real progress in downsizing and
streamlining the Department of Energy. Consequently, she has achieved
real reductions in the size of the DOE workforce as well as managed
DOE's declining budget in a fair and effective manner. She deserves to
be commended for these actions. And I commend her actions, for her
steadfast support and dedication.
Lastly, Mr. President, I extend a word of appreciation to the staff
that have assisted the chairman and me in our work on this bill. They
work as a team, and they serve both of us, as well as all Senators, in
a very effective and dedicated manner. And I receive many compliments
from other Senators concerning our staff. On the majority side, the
staff members are Cherie Cooper, Kathleen Wheeler, Bruce Evans, Ginny
James, and Dave Gilbert. On my own staff, Sue Masica and Carole Geagley
handle the Interior bill.
This is a good bill, upon which I hope the Senate will be able to
complete action in a timely manner.
So, Mr. President, for now I shall yield the floor. Again, I
congratulate and thank my chairman of the subcommittee, Senator Gorton,
and all members of the subcommittee on both sides of the aisle. I thank
you, Mr. President.
Mr. GORTON addressed the Chair.
The PRESIDING OFFICER (Mr. Coverdell). The chairman of the
subcommittee is recognized, the Senator from Washington.
Mr. GORTON. I hope that very soon we will be able to treat, en bloc,
as many as 25 technical and noncontroversial amendments. The Members
and the staff are reviewing those amendments at this point, as are one
or two other Members who are interested in them. I will suggest the
absence of a quorum, but it is simply for that purpose. I will be back
soon and get it started with a large number of noncontroversial
amendments in this bill.
I also, for the purposes of Members and offices that are listening to
this debate, solicit the presence on the floor of any Member who has an
amendment that he or she would like to present. There are, in addition
to these en bloc amendments, a number that I am sure we will be able to
agree to, some that will be debated. But the sooner we start those
debates, the sooner we will finish. And I trust that between now and
noon, when we move on to another subject, that we will hear from some
of our Members. With that, Mr. President, I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GORTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.

[[Page S10529]]

The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GORTON. Mr. President, I ask unanimous consent David Gilbert, a
detailee from the Department of the Interior to the Interior
Subcommittee, be granted floor privileges today, September 13, during
consideration of this bill and on such successive days as we shall
consider this bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GORTON. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GORTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendments Nos. 5318 through 5342, En Bloc

Mr. GORTON. Mr. President, I send a group of amendments to the desk
and ask they be considered en bloc.
The PRESIDING OFFICER. Is there objection to the request of the
Senator?
Mr. BYRD. Let the clerk read first, and then we will determine if
there is an objection.
Mr. GORTON. Mr. President, I will explain each of these amendments
briefly, and, if further discussion is desired, we will separate it
out.
This first amendment is proposed on behalf of Senator Chafee as the
chairman of the Committee on Environment and Public Works. We have, as
I pointed out during my opening remarks, added to and expanded the
authority of our various land management agencies to charge entrance
fees and to use those entrance fees in large measure for the
improvement of the facilities at which they are collected.
Senator Chafee and his committee have a slight modification in that
connection with respect to some of those facilities. We have viewed it.
It is the opinion of his committee it is included for that reason.
The second amendment is proposed on behalf of the two Senators from
Idaho. It will move $100,000 of an appropriation from the Running Creek
Ranch land acquisition project to the National Forest Service
appropriation for ``jammer,'' an old logging road inventory in Idaho.
The third, proposed by the Senator from Ohio [Mr. DeWine], would add
one additional county to an existing moratorium on land acquisitions
for the Wayne National Forest in the State of Ohio.
The next, on behalf of the Senator from North Carolina [Mr.
Faircloth] removes approximately 100 acres from a 9,000-acre Snowbird
Wilderness Study Area.
The fourth, for myself, moves $308,000 from Forest Service
construction for the Mt. Baker-Snoqualmie flood project to Lake Chelan
National Recreation Area for the repair of the Company Creek Road.
The fifth, on my behalf, advises the Elwha language in the bill to
specify that any agreement with the State of Washington shall provide
protection of the existing quality and availability of water.
The next, for myself and for Senator Byrd relating to the Bureau of
Indian Affairs, adds language capping welfare assistance similar to
that that is in the present 1996 bill.
Next, for myself and for Senator Byrd on the National Park Service,
is a technical correction that specified $300 million is available for
research, planning, and interagency coordination in support of land
acquisition in the Everglades in Florida. This is an agreement that was
made during the full committee consideration of the bill.
The next, for myself and Senator Byrd on the Forest Service, is
literally a technical correction where we made a mistake and where
language should read ``50 percent.''
The next, for myself on the National Park Service, allows a
reimbursement of some $270,000 by the National Park Service to the
State of Washington for fish restoration activities.
The next, for myself and Senator Byrd relating to Bureau of Mines, is
to extend the facilities transfer authority provided in the 1996
appropriations bill.
The next, for myself and Senator Byrd for the Forest Service, is a
surprise, Mr. President. It will rename the Columbia Wilderness Area in
Oregon, the Mark O. Hatfield Wilderness. The Columbia Wilderness Area
is some 39,000 acres and was established in the 1984 Wilderness Act
that Senator Hatfield sponsored. This small wilderness area overlooks
and borders the Columbia River Gorge on the Oregon side, though it is
not a part of the formal gorge area itself. The wilderness also
overlooks the Bonneville Dam and the Oxbow salmon fish hatchery and is
in the shadow of Mount Hood. Each addition to wilderness areas in the
State of Washington has been sponsored by Senator Hatfield. This one is
near the northern edge of the Bull Run Reservoir near the wild and
scenic Hood River.
Mr. President, this amendment is produced without the knowledge, at
this point, of Senator Hatfield, but it is a particularly appropriate
time. He is absent today, holding what I suspect will be his final
hearing as a Senator in the Columbia Gorge which he greatly loves and
which his State, of course, shares with my own. And so we feel that a
renaming of this wilderness area in his honor and in honor of his long,
extraordinary and distinguished service in the U.S. Senate is a most
appropriate amendment.

The next amendment, again, on behalf of myself and Senator Byrd, is
language relating to the National Park Foundation, allowing money that
it collects to be used to rehabilitate visitor centers.
The next is on my behalf, and it removes the Mt. Graham red squirrel
provision from the bill. This provision was included in the 1996
appropriations bill and was highly controversial. At one time, it was
the subject of a veto threat on the part of President Clinton. Mt.
Graham is in Arizona. It is the location of a number of astronomical
observatories. The creation of the last of those has been bitterly
contested in Arizona over a number of years. The Arizona congressional
delegation wanted to allow the completion of the last telescope. As
much of the aid from other nations that was available to it was going
to be lost if the project was not begun soon. Ultimately, we did
include the provision in the bill that was signed by the President.
Since then, there was a court decision won, after a long series of
decisions, that has validated the construction. So the provision is no
longer necessary and can be stricken from the bill.
The next is for myself and Senator Byrd for the Fish and Wildlife
Services, which clarifies the California NCCP earmark funding will be
provided to local governments.
The next two are both by Senator Hatfield and, ironically, are naming
provisions that he has asked for for other people. The first is
renaming of Bend, OR, silviculture laboratory to be the Robert W.
Chandler lab; and the second is renaming a BLM facility for Frank
Smullin in Rand, OR.
The next amendment is for Senator Hutchison of Texas, Fish and
Wildlife Service and Forest Service. It transfers $250,000 from the Rio
Grande National Wildlife Reserve land acquisition to the Lake McClellan
Recreation Area for dredging.
Next is for the Senator from Louisiana, [Mr. Johnston] who is
retiring. It is, to me, interesting that it is renaming of the Jean
Lafitte Visitors Center to be named the Laura C. Hudson Visitor Center.
Jean Lafitte, if my memory serves me, is long dead. I suspect the new
person after whom it is named is more recent than any of that desired
by the Louisiana Senators.
The next is for Senators Murkowski, Burns, and Craig, asking for a
status report of timber sales under the salvage provision of the 1995
rescissions bill.
Next is for the two Alaska Senators modifying an Alaska subsistence
moratorium, included in the 1996 legislation.
Next for the Senator from Oklahoma [Mr. Nickles] for the Indian
Health Services, which allows use of the Choctaw Nation funds for
construction of a Talihina hospital.
Next is by the two Senators from Virginia, which transfers $1 million
from the Back Bay National Wildlife Refuge land acquisition to the
Rappahannock National Wildlife Refuge land acquisition.
Next is by the Senator from Maryland [Mr. Sarbanes] with respect to
the Office of Surface Mining, which allows the State of Maryland to
spend more than 10 percent of its State grants for acid mine drainage
projects.

[[Page S10530]]

The final one is for the Senator from Alaska [Mr. Stevens], for the
Bureau of Land Management. It transfers $250,000 from the Alaska
cadastral survey to preparation of environmental impact statement for
resumption of an oil leasing program in the National Petroleum Reserve.

That is an outline. I believe these amendments have all been cleared,
but I will defer to the Senator from West Virginia.
Mr. BYRD. Mr. President, all of the amendments have been cleared on
this side of the aisle. Having heard the amendments read and explained,
I, therefore, have no objection to the request that they be considered
and agreed to en bloc.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Washington [Mr. Gorton] proposes
amendments numbered 5318 through 5342, en bloc.

Mr. GORTON. Mr. President, I ask unanimous consent that reading of
the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (No. 5318 through 5342), en bloc, are as follows:

amendment no. 5318

(Purpose: To provide that a portion of the admission and user fees
collected by the United States Fish and Wildlife Service under the
recreational fee demonstration program shall be available to the
Secretary of the Interior until expended to be used in accordance with
certain priorities specified in the Emergency Wetlands Resources Act of
1986)

Beginning on page 15, strike line 23 and all that follows
through page 16, line 11, and insert the following: ``section
101(c) of the Omnibus Consolidated Rescissions and
Appropriations Act of 1996 is amended in section 315(c)(1)(E)
(110 Stat. 1321-201; 16 U.S.C. 460l-6a note) by striking
`distributed in accordance with section 201(c) of the
Emergency Wetlands Resources Act' and inserting `available to
the Secretary of the Interior until expended to be used in
accordance with clauses (i), (ii), and (iii) of section
201(c)(A) of the Emergency Wetlands Resources Act of 1986 (16
U.S.C. 3911(c)(A)).'.''
____

amendment no. 5319

On page 62 of the Act, line 18, strike ``$1,285,881,000'',
and insert ``$1,285,981,000''.
On page 65 of the Act, line 19, strike ``39,660,000'', and
insert ``$39,560,000''.
____

amendment no. 5320

(Purpose: Expands the moratorium on land acquisition for the Wayne
National Forest in Ohio to include Gallia County. Currently, the
moratorium includes the counties of Lawrence, Monroe, or Washington,
Ohio)

On page 103, line 12:
After ``counties of' insert ``Gallia,''.
____

amendment no. 5321

(Purpose: To remove a parcel of land from the Snowbird Wilderness Study
area in North Carolina so that a road can be repaired)

At the appropriate place in title III, insert the
following:

SEC. 3 . SNOWBIRD WILDERNESS STUDY AREA.

(a) In General.--Section 6(a)(4) of the North Carolina
Wilderness Act of 1984 (Public Law 98-324) is amended--
(1) by striking `'eight thousand four hundred and ninety
acres'' and inserting ``8,390 acres''; and
(2) by striking ``July 1983'' and inserting ``July 1996''.
(b) Management.--The Secretary of Agriculture shall manage
the area removed from wilderness study status by the
amendments made by subsection (a) in accordance with the
provisions of law applicable to adjacent areas outside the
wilderness study area.
____

amendment no. 5322

(Purpose: To move $308,000 in construction funds from a Mt. Baker
Snoqualimie National Forest project to a Lake Chelan National
Recreation Area (Company Creek road repair) project. Both projects are
in the State of Washington)

On page 17, line 25, strike ``$165,418,000'' and insert
``$165,726,000''.
On page 64, line 21, strike ``$172,167,000'' and insert
``$171,859,000''.
____

amendment no. 5323

On page 49, line 19, strike Sec. 115 and insert the
following:
Sec. 115. Public Law 102-495 is amended by adding the
following new section:
``Sec. 10. Washington State Removal Option.
``(a) Upon appropriation of $29,500,000 for the Federal
Government to acquire the projects in Washington State
pursuant to this Act, the State of Washington may, upon the
submission to Congress of a binding agreement to remove the
projects within a reasonable period of time, purchase the
projects from the Federal Government for $2. Such a binding
agreement shall provide protection of the existing quality
and availability of water from the Elwha River for municipal
and industrial uses from possible adverse impacts of dam
removal.
``(b) Upon receipt of the payment pursuant to subsection
(a), the Federal Government shall relinquish ownership and
title of the projects to the State of Washington.
``(c) Upon the purchase of the projects by the State of
Washington, section 3(a), (c) and (d), and Sections 4, 7, and
9 of Public Law 102-495 are hereby repealed, and the
remaining sections renumbered accordingly.''.
____

amendment no. 5324

(Purpose: Specifies the amount of funds available for welfare
assistance payments in bill language consistent with language contained
in the FY 1996 Interior Appropriations bill)

On page 29, line 8, after the word ``exceed'' insert:
``$86,520,000 shall be for welfare assistance payments and
not to exceed''.
____

amendment no. 5325

(Purpose: Technical correction to specify $3 million is available for
Everglades research, planning, and interagency coordination in support
of land acquisition)

On page 16, line 25, strike ``$4,000,000'' and insert
``$3,000,000''.
____

amendment no. 5326

(Purpose: Technical correction to correct per centum error in the
National Forest System appropriation)

On page 62, line 20, after the word ``including'' delete
the linetype and delete ``60''.
____

amendment no. 5327

(Purpose: Allows the National Park Service to reimburse the State of
Washington for fish restoration activities)

On page 17, line 25, after ``expended'' insert the
following: '', of which $270,000 shall be used for
appropriate fish restoration projects not related to dam
removal including reimbursement of the State of Washington
for emergency actions taken to protect the 196 run of fall
chinook salmon on the Elwha River''.
____

amendment no. 5328

(Purpose: To extend authority for the transfer of certain Bureau of
Mines facilities)

After line 13 on page 61 of the bill, insert the following:
Sec. . The second proviso under the heading ``Bureau of
Mines, Administrative Provisions'' of Public Law 104-134 is
amended by inserting after the word ``authorized'' the word
``hereafter''.
____

amendment no. 5329

On page 118, after line 9, insert the following:
Sec. . The Columbia Wilderness, created by the Oregon
Wilderness Act of 1984, Public Law 98-328, located in the Mt.
Hood National Forest, Oregon, shall be known and designated
as the ``Mark O. Hatfield Wilderness''.
Any references in a law, map, regulation, document, paper,
or other record of the United States to the Columbia
Wilderness shall be deemed to be a reference to the ``Mark O.
Hatfield Wilderness.''
____

amendment no. 5330

(Purpose: This bill language would allow the National Park Foundation
to expend remaining balances and accrued interest from funds granted to
it by the National Park Service in Fiscal Years 1984 and 1985 pursuant
to the National Park System Visitor Facilities Fund Act of 1983 (P.L.
97-433, 96 Stat. 2277). That Act provided for the expenditure of funds
by the Foundation to improve the quality of visitor facilities in the
park system nation-wide)

On page 20, after line 22, insert the following new
paragraph:
Notwithstanding any other provision of law, remaining
balances, including interest, from funds granted to the
National Park Foundation pursuant to the National Park System
Visitor Facilities Fund Act of 1983 (P.L. 97-433, 96 Stat.
2277) shall be available to the National Park Foundation for
expenditure in units of the National Park System for the
purpose of improving visitor facilities.
____

amendment no. 5331

(Purpose: Strikes the provision deeming approval of a telescope site on
Mt. Graham consistent with the Arizona-Idaho Conservation Act)

On page 104, line 9, strike line 1 and all that follows
through page 104, line 14.
____

amendment no. 5332

(Purpose: To clarify the amount of funds provided to the U.S. Fish and
Wildlife Service for the Natural Communities Conservation Plan)

On page 11, line 2, strike all after ``Act,'' through
``until expended'' on line 8 and insert the following: and of
which $2,000,000 shall be provided to local governments in
southern California for planning associated with the Natural
Communities Conservation Planning (NCCP) program
____

amendment no. 5333

(Purpose: Naming of PNW Station Silviculture Lab in Bend, Oregon for
Robert W. Chandler)

On page 74, line 9, insert the following: ``The Pacific
Northwest Research Station

[[Page S10531]]

Silviculture Lab in Bend, Oregon is hereby named the Robert
W. Chandler Building. The dedication provides commemorative
recognition to Robert W. Chandler, editor of the Bend
Bulletin newspaper, longtime community servant and advocate
for sound silvicultural practices in Central and Eastern
Oregon.''
____

amendment no. 5334

On page 9, line 22, insert the following:
``The Bureau of Land Management's Visitors Center in Rand,
Oregon is hereby named the William B. Smullin Visitor Center.
The dedication provides commemorative recognition to William
B. Smullin, founder of California Oregon Broadcasting,
Incorporated, who brought broadcasting to Northern California
and Southern Oregon.''
____

amendment no. 5335

(Purpose: To move $250,000 from the Fish and Wildlife Service's Lower
Rio Grande National Wildlife Refuge land acquisition project to the
Forest Service's Lake McClellan dredging project. Both projects are in
the State of Texas)

On page 12, line 12, strike ``$50,802,000'' and insert
``$50,552,000''.
On page 62, line 18, strike ``$1,285,881,000'' and insert
``1,286,131,000.''
____

amendment no. 5336

On page 61, after line 13, insert the following new
section:
Sec. 1 . Visitor Center Designation at Jean Lafitte
National Historical Park.
(a) The visitor center at Jean Lafitte National Historical
Park, located at 418 Rue Decatur in New Orleans, Louisiana is
hereby designated as the ``Laura C. Hudson Visitor Center''.
(b) Any reference in law, regulation, paper, record, map,
or any other document in the United States to the visitor
center referred to in subsection (a) shall be deemed to be a
reference to the ``Laura C. Hudson Visitor Center''.
____

amendment no. 5337

On page 74, after line 8, insert the following new
paragraph:
The Secretary of Agriculture shall by March 31, 1997 report
to the Committees on Appropriations of the House of
Representatives and the Senate on the status and disposition
of all salvage timber sales started under the authority of
Section 2001 of PL 104-121 and subsequently withdrawn or
delayed and completed under different authorities as a
consequence of the July 2, 1996 Directive on the
implementation of Section 2001 issued by the Secretary.
____

amendment no. 5338

(Purpose: To protect State's management of fish and game resources in
Alaska)

On page 104, Strike all in lines 15 thru 23 and insert in
lieu thereof;
Sec. 318 ``None of the funds available to the Department of
the Interior or the Department of Agriculture by this or any
other Act may be used to prepare, promulgate, implement, or
enforce any rule or regulation pursuant to Title VIII of the
Alaska National Interest Lands Conservation Act to assert
jurisdiction, management, or control over any waters (other
than non-navigable waters on federal lands), non-federal
lands, or lands selected by, but not conveyed to, the State
of Alaska pursuant to the Submerged Lands Act of 1953 or the
Alaska Statehood Act, or an Alaska Native Corporation
pursuant to the Alaska Native Claims Settlement Act.''
____

amendment no. 5339

(Purpose: To provide for the use of certain funds for the construction
of a health care facility by the Choctaw Nation of Oklahoma)

: Provided further, That funds made available to the
Choctaw Nation of Oklahoma in this Act, including Indian
Self-Determination Act compact ``tribal shares,'' medicaid/
medicare collections and carry-over funds may be used to
support construction of a facility to replace the Talihina
Indian Hospital so long as the current level of health care
services is not diminished
____

Mr. NICKLES. Mr. President, the Talihina, OK hospital is sixth on the
IHS health facility list for replacement of inpatient facilities. The
Choctaw Nation proposes to replace the existing Talihina Indian
Hospital with a community facility to serve both Indian and non-Indian
people and has developed a financing plan for the design and
construction of the replacement facility. Design and construction of
this facility will be consistent with the approved IHS Program
Justification Document [PJD]. The Choctaw Nation proposes to utilize
various funding sources, including Tribal Funds, Medicaid and Medicare
collections, carry-over funds and IHS Area and Headquarters tribal
shares to support this project for a community based hospital. The
managers have agreed that IHS funds may be used only for the Indian
user portion of the projected patient workload. I understand the
managers have no objection to the use of these Federal funds so long as
it does not diminish the current level of health care services. IHS
will work with the Choctaw Nation in the implementation of this project
and identify and reach an agreement of future resources and
responsibilities related to staffing, equipping and operating the newly
constructed facility. These operational needs will be considered in the
context of current budget constraints, project placement on the
facility priority list and future funding of facilities on the
facilities priority list. I understand the IHS and the Choctaw Nation
will report back to Congress on the progress of this project.

amendment no. 5340

(Purpose: To provide $1,000,000 for land acquisition at Rappahannock
National Wildlife Refuge in Virginia)

On Page 12, line 23 after ``Kentucky,'' add ``and of which
$1,500,000 shall be for acquisition at Back Bay National
Wildlife Refuge and of which $1,000,000 shall be for
acquisition at Rappahannock National Wildlife Refuge.''
____

amendment no. 5341

(Purpose: To authorize the State of Maryland to set aside a portion of
amounts made available under the Surface Mining Control and Reclamation
Act of 1977 for use in undertaking acid mine drainage abatement and
treatment projects)

On page 27, line 21, before the period, insert the
following: ``: 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
(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''.
____

amendment no. 5342

On page 4, line 3, after ``expended'' insert the following:
``; Provided further, That $250,000 of the funds available to
the Bureau of Land Management for the Alaska conveyance shall
be available for activities preparatory to resumption of
leasing of oil and gas in the National Petroleum Reserve in
Alaska pursuant to Public Law 96-514''.

The PRESIDING OFFICER. Without objection, amendments 5318 through
5342 are agreed to en bloc.
The amendments (Nos. 5318 through 5342), en bloc, were agreed to.
Mr. GORTON. Mr. President, I move to reconsider the vote.
Mr. BYRD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. GORTON. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GORTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GORTON. Mr. President, with the consent of Senator Byrd, I would
like the Record to include the fact that there is a printing error in
the bill that should be corrected, and I am told I can correct it
simply by reading it here.
On page 19 of the bill, line 5, starting with the word ``that''
through line 7 ending with the word ``authorization,'' the text should
be in italic since this was text that was added by the Senate to the
House-passed version of the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendments to Committee Report

Mr. GORTON. Second, Mr. President, I send to the desk an agreed-on
series of amendments not to the bill but to the committee report, and I
ask unanimous consent the committee report be amended in the way I have
submitted it and the amendments be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:
On page 16 of the Committee report under U.S. Fish and
Wildlife Service, Habitat Conservation, the increase of
$500,000 provided for the Jobs in the Woods program was
intended to be from the FY 1996 level, not from the level in
the FY 1997 budget request.
On page 17 of the Committee report, funds earmarked for
cooperative marine mammals programs are provided pursuant to
section 119 of the Marine Mammal Protection Act, not section
199.
In the Construction table for the U.S. Fish and Wildlife
Service on page 20 of the Committee report, the amounts
provided for the

[[Page S10532]]

Southwest Fisheries Technology Center are transposed. The
Senate bill actually provides $961,000 for the Dexter
hatchery and $2,705,000 for the Mora hatchery.
On page 41, the amount for the Committee recommendations
for the Operation of Indian Programs should be
$1,413,606,000, consistent with the amount shown in the table
on page 43, instead of $1,418,606,000 as printed in the
report. The corrected funding level represents a decrease of
$165,817,000 below the budget estimate, an increase of
$31,983,000 above the House allowance, and $29,172,000 above
the fiscal year 1996 level instead of the amounts printed in
the report.
On page 43, the amount listed for the Committee
recommendation in the text should be $511,266,000, consistent
with the amount in the table on page 42, instead of
$521,966,000 as printed in the report. The corrected funding
level represents an increase of $17,769,000 above the fiscal
year 1996 funding level and $8,208,000 above the House
allowance.
On page 56, the Senate bill referenced on the last line of
the paragraph should be Senate bill 1425 instead of 1475 as
listed in the report.
The Senate bill does not include the $3.5 million increase
requested by the Indian Health Service to fund the cost of
new and expanded tribes. However, it is not the intent of the
Committee to deny such tribes access to contract health care
within the funds provided. The Committee has not provided any
funds for new or expanded tribes beyond those which are
explicitly identified in the budget request. To the extent
additional tribes are recognized or expanded during the
fiscal year, funding for such tribal populations will be
addressed in the context of the FY 1998 appropriations bill.
On page 66 of the Committee report, on the fourth line of
the paragraph discussing the Small Business Administration
timber sale set-aside program, after the words ``appeals
process'' insert ``, within 36 CFR Part 251, Subpart C,''.

Mr. GORTON. Mr. President, on another subject, Washington State is
not unlike many other Western States in that a significant portion of
its land is in public ownership. In many cases, the ownership is
Federal, State, and private in the form of a checkerboard pattern
across wide areas of the State.
Because of this checkerboard land ownership in Washington State, land
exchanges are quickly becoming an efficient way for landowners to do
business with the Federal Government. There are several such exchanges
to block up land in the works in the State of Washington. One such land
exchange was announced on July 27 in Seattle by Agriculture Secretary
Glickman. Secretary Glickman announced an agreement between the Forest
Service and the Plum Creek Timber Co. to complete a major land exchange
in the Wenatchee National Forest within 2 years.
Last year, the Senate included $350,000 in its fiscal year 1996
Interior appropriations bill to facilitate this exchange. I support the
exchange strongly and am glad that the Secretary has made it a high
priority. The committee did not include specific funding for the
exchange in this year's appropriation bill in large part because the
Forest Service has stated its preference that its management accounts
not be earmarked. As chairman of the committee I have met the agency's
request while understanding that the necessary funds will be made
available in fiscal year 1997 to work on this important land exchange.
The Senate report accompanying the fiscal year 1997 Interior bill
includes the following report language:

The committee encourages the use of land exchanges as a way
in which to protect important recreational and
environmentally significant lands in lieu of direct
acquisition by the Federal Government. The committee believes
that land exchanges represent a more cost effective way in
which to do business and encourages the Forest Service to
give priority to those exchanges either nearing completion or
where land management decisions are made particularly
difficult due to a checkerboard pattern of ownership.

The Plum Creek land exchange should continue to be a priority for the
agency along with other exchanges that are nearing completion.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GORTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GORTON. Mr. President, I ask unanimous consent that the committee
amendments be agreed to en bloc, that the bill as thus amended be
regarded for the purpose of amendment as original text, provided that
no point of order shall have been considered to have been waived by
agreeing to this request, and that the following committee amendments
be excepted from this en bloc request:
Page 46, line 24 through page 47, line 4; page 25, line 4 through
line 10; page 63, line 22 through page 64, line 18; page 89, line 7;
and those portions of the committee amendments on page 49, line 19
through page 50, line 8; page 51, line 3 through page 55, line 13; and
page 56, line 14 through page 57, line 19.
This has been cleared by both sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were considered and agreed to en bloc with
the above noted exceptions.
Mr. GORTON. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GORTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 5343

Mr. GORTON. Mr. President, I send an amendment to the desk for
myself, Mr. Hatfield and Mrs. Murray, and ask for its immediate
consideration.
The PRESIDING OFFICER. The committee amendment will be set aside. The
clerk will report.
The legislative clerk read as follows:

The Senator from Washington [Mr. Gorton], for himself, Mr.
Hatfield, and Mrs. Murray, proposes an amendment numbered
5343.

Mr. GORTON. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

At the appropriate section in title III, insert the
following new section:
Sec. . Notwithstanding any other provision of law, for
fiscal year 1997 the Secretaries of Agriculture and Interior
are authorized to limit competition for watershed restoration
project contracts as part of the ``Jobs in the Woods''
component of the President's Forest Plan for the Pacific
Northwest to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, and
northern California that have been affected by reduced timber
harvesting on Federal lands.

Mr. GORTON. Mr. President, this amendment was requested by the Forest
Service and is supported by Senator Hatfield and Senator Murray in
addition to myself.
The amendment would enable the Forest Service to limit the
advertisement of contracts for watershed restoration projects in
historically timber-dependent communities in the States of Washington,
Oregon, and northern California. The funding for this restoration work
comes from the ``Jobs in the Woods'' Program created by the President's
Pacific Northwest forest plan.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
The amendment (No. 5343) was agreed to.
Mr. BAUCUS addressed the Chair.
The PRESIDING OFFICER. The Senator from Montana.

Glacier National Park

Mr. BAUCUS. Mr. President, at the appropriate time I will send an
amendment to the desk. This amendment deals with the Park Services
management of Glacier National Park in the State of Montana. As you
might know, Mr. President, the Park Service is beginning a new general
management plan for Glacier Park. It will be a blueprint for the next
20 years.
I must say, that we in Montana are quite concerned about this
blueprint. I ask that everybody watching take note of what is going on
here and to come and visit us in Montana, particularly at Glacier Park.
Glacier has some of the most stunning real estate in the world. The
Going to the Sun Highway, mountain goats scaling the rocks, Grinnell
Glacier and Iceberg Lake, which is just a small sample of what we have
in Glacier. It is truly a national heritage, one that we must preserve
forever. So on its face, Mr. President, an updated management plan
seems like a pretty good idea. After all, we want to protect Glacier in
the long term. It does not make much sense not to protect a resource as
precious as this.

[[Page S10533]]

Full campgrounds, crowded roads, aging infrastructure, and many other
challenges face the Park Service today. Because Glacier has been
discovered, people are coming to visit Glacier, as well they should. It
is so magnificent. So we do need a management plan that does meet these
challenges and preserves the quality of Glacier National Park.
But so far, the National Park Service, it seems, is doing a better
job at scaring people, at frightening people, particularly those who
use Glacier, than in making citizens full partners in the plan which
protects the park for future generations.
The Daily Interlake, a Kalispell newspaper, editorialized:

The Park Service has come up with a document that by
accident or design manages to offend just about everyone one
way or another.

I might say, that is an understatement. Most people I talk to are, if
not outraged, quite upset. And given the conversations I have had with
them, and others who have visited Glacier Park over the last couple
weeks, I can tell you that something has to be done.
For decades visitors have had a truly first-class experience when
they visit Glacier. Radical changes could make these experiences a
thing of the past.
I want to believe that the Park Service has merely had a clumsy
beginning, a clumsy start, which will soon lead to a very productive
process that reflects public sentiment concerning proper Glacier
management. But up to now, the Park Service has done very little to
reassure Montanans about where they are heading.
I think we need an insurance plan, an insurance policy, something
that guarantees that the new management plan will not go haywire. So my
amendment provides that protection. It allows the Park Service to go
ahead, but it requires them to submit the final Glacier general
management plan to the Senate Energy Committee and the House Resources
Committee. These committees will then have 90 days to review the plan
before it goes into effect. That, I think, will guarantee public input
and a final management plan that preserves the Glacier Park experience.
This amendment is a final line of defense against illogical or
unresponsive decisionmaking by the National Park Service, not that I
expect them to be unresponsive or illogical, but I think it is
important to have an insurance plan. I think this amendment will help
make that happen.

Beartooth Highway

Mr. President, on another matter, I will also offer an amendment to
ensure the proper management of one of the most spectacular highways in
the United States, that is called the Beartooth Highway. Highway 212,
better known as the Beartooth Highway, begins just outside Red Lodge,
MT. It climbs a mountain to Line Creek Plateau looking out over the
Absaroka-Beartooth wilderness area of Wyoming and Montana. It then
proceeds on to Cooke City and the northeastern entrance of Yellowstone
National Park. It is truly magnificent. Anyone who has ever taken a
vacation in that part of our country, put it on your calendar, the
possibility of driving the Beartooth Highway. I guarantee you will not
regret it.
It is named for a spectacular rock spire, capping a mountain ridge,
carved by ancient glaciers into the shape of a bear's canine tooth.
That is why it is called Beartooth. When traveling up Beartooth
Highway, travelers often see wildlife from moose to the bighorn sheep,
black bear, and golden eagle. High meadows in the spring are covered
with alpine wildflowers, while snowdrifts often last all summer long.
It is magnificent.
Travelers driving the Beartooth Highway see some of the most unusual
and spectacular scenery in our country. And maybe that is why Americans
have treasured this region--according to archaeological evidence--for
the past 12,000 years. That is about as long as human beings have lived
on our continent.
Since the Beartooth Highway was built in the 1930's, the National
Park Service has kept it plowed to make sure it is open for tourism by
Memorial Day weekend. This has guaranteed access for Americans who want
to appreciate this part of our heritage. And it has helped to ensure
prosperity for towns along the road, in places like Red Lodge, Cooke
City, Silver Gate.
But this year the Park Service did not open the highway on Memorial
Day. It did not plow the road on time. And small businesses in the
gateway communities--already reeling from the Congress' blundering
decision to shutdown the Government at the height of the winter tourist
season--felt the impact. To make matters worse, these towns can expect
the same thing to happen in the future. Because soon after Memorial
Day, the Superintendent of Yellowstone announced that after 1997, the
Park Service will no longer make sure the Beartooth Highway is open at
the start of the tourist season.
The Superintendent's reason for this policy change stems from the
budget squeeze that Yellowstone is feeling. That is not a frivolous
decision, and I am sympathetic to the challenges the Park Service faces
in managing Yellowstone. But walking away from responsibility to
Beartooth Highway and these gateway communities is not acceptable.
Rather, I believe we have to find a solution now. And I think it is
clear. The responsibility for the Beartooth Highway rests jointly on
the Park Service and on the Forest Service. Visitors use this road to
get both to Yellowstone and the Absaroka-Beartooth Wilderness Area. The
former, of course, is managed by the Park Service and the latter by the
Forest Service. So both agencies should share equally in the cost
of opening the Beartooth Highway.

My amendment requires the Park Service and the Forest Service to
enter into a memorandum of understanding by April 1, 1997, to split the
cost of opening the Beartooth Highway between the two agencies. It also
requires these agencies to make sure that the Beartooth Highway is open
to traffic by Memorial Day each year.
I think this is fair. It is a good, common sense solution. It will
help ease the Park Service's concerns over funding. It will make sure
Americans can drive this highway in the spring. And it will make sure
small businesses in Red Lodge, Cooke City, and others, who depend on
the Beartooth Highway opening at the beginning of the tourist season,
can look to the future with confidence.
Mr. GORTON. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. GORTON. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________