[Congressional Record Volume 143, Number 120 (Thursday, September 11, 1997)]
[Senate]
[Pages S9167-S9192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1998

  The Senate proceeded with the consideration of the bill.
  Mr. GORTON. I ask unanimous consent the Senate proceed to the 
consideration of Calendar No. 122, H.R. 2107, a bill making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 1998, and for other purposes.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       A bill (H.R. 2107) making appropriations for the Department 
     of the Interior and related agencies for fiscal year ending 
     September 30, 1998, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, 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 as shown in 
italic.)

                               H.R. 2107

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, 
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 1998, and for other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       For expenses necessary for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     [$581,591,000] $578,851,000, to remain available until 
     expended, of which $2,043,000 shall be available for 
     assessment of the mineral potential of public lands in Alaska 
     pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 
     3150); and of which $3,000,000 shall be derived from the 
     special receipt account established by the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); 
     and of which $1,500,000 shall be available in fiscal year 
     1998 subject to a match by at least an equal amount by the 
     National Fish and Wildlife Foundation, to such Foundation for 
     challenge cost share projects supporting fish and wildlife 
     conservation affecting Bureau lands; in addition, 
     [$27,300,000] $27,650,000 for Mining Law Administration 
     program operations, to remain available until expended, to be 
     reduced by amounts collected by the Bureau and credited to 
     this appropriation from annual mining claim fees so as to 
     result in a final appropriation estimated at not more than 
     [$581,591,000] $578,851,000; and in addition, not to exceed 
     $5,000,000, to remain available until expended, from annual 
     mining claim fees; which shall be credited to this account 
     for the costs of administering the mining claim fee program, 
     and $2,000,000 from communication site rental fees 
     established by the Bureau for the cost of administering 
     communication site activities: Provided, That appropriations 
     herein made shall not be available for the destruction of 
     healthy, unadopted, wild horses and burros in the care of the 
     Bureau or its contractors.


                        wildland fire management

       For necessary expenses for fire use and management, fire 
     preparedness, suppression operations, and emergency 
     rehabilitation by the Department of the Interior, 
     [$280,103,000] $282,728,000, to remain available until 
     expended, of which not to exceed [$5,025,000] $6,950,000 
     shall be for the renovation or construction of fire 
     facilities: Provided, That such funds are also available for 
     repayment of advances to other appropriation accounts from 
     which funds were previously transferred for such purposes: 
     Provided further, That persons hired pursuant to 43 U.S.C. 
     1469 may be furnished subsistence and lodging without cost 
     from funds available from this appropriation.


                    central hazardous materials fund

       For necessary expenses of the Department of the Interior 
     and any of its component offices and bureaus for the remedial 
     action, including associated activities, of hazardous waste 
     substances, pollutants, or contaminants pursuant to the 
     Comprehensive Environmental Response, Compensation and 
     Liability Act, as amended (42 U.S.C. 9601 et seq.), 
     [$12,000,000] $14,900,000, to remain available until 
     expended: Provided, That notwithstanding 31 U.S.C. 3302, sums 
     recovered from or paid by a party in advance of or as 
     reimbursement for remedial action or response activities 
     conducted by the Department pursuant to section 107 or 113(f) 
     of such Act, shall be credited to this account to be 
     available until expended without further appropriation: 
     Provided further, That such sums recovered from or paid by 
     any party are not limited to monetary payments and may 
     include stocks, bonds or other personal or real property, 
     which may be retained, liquidated, or otherwise disposed of 
     by the Secretary and which shall be credited to this account.


                              construction

       For construction of buildings, recreation facilities, 
     roads, trails, and appurtenant facilities, [$3,254,000] 
     $3,154,000, to remain available until expended.


                       payments in lieu of taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended, (31 U.S.C. 6901-6907), [$113,500,000] 
     $120,000,000, of which not to exceed $400,000 shall be 
     available for administrative expenses: Provided, That no 
     payment shall be made to otherwise eligible units of local 
     government if the computed amount of the payment is less than 
     $100.


                            land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, [$12,000,000] $9,400,000, to be derived from the 
     Land and Water Conservation Fund, to remain available until 
     expended.


                   oregon and california grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein 
     including existing connecting roads on or adjacent to such 
     grant lands; $101,406,000, to remain available until 
     expended: Provided, That 25 per centum of the aggregate of 
     all receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund and 
     shall be transferred to the General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).


                 forest ecosystems health and recovery

                   (revolving fund, special account)

       In addition to the purposes authorized in Public Law 102-
     381, funds made available in the Forest Ecosystem Health and 
     Recovery Fund can be used for the purpose of planning, 
     preparing, and monitoring salvage timber sales and forest 
     ecosystem health and recovery activities such as release from 
     competing vegetation and density control treatments. Any 
     receipts derived from treatments funded by this account shall 
     be deposited into the Forest Ecosystem Health and Recovery 
     Fund.


                           range improvements

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

[[Page S9168]]

               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, [$591,042,000] $585,064,000, to remain 
     available until September 30, 1999, of which $11,612,000 
     shall remain available until expended for operation and 
     maintenance of fishery mitigation facilities constructed by 
     the Corps of Engineers under the Lower Snake River 
     Compensation Plan, authorized by the Water Resources 
     Development Act of 1976, to compensate for loss of fishery 
     resources from water development projects on the Lower Snake 
     River, and of which not less than $2,000,000 shall be 
     provided to local governments in southern California for 
     planning associated with the Natural Communities Conservation 
     Planning (NCCP) program and shall remain available until 
     expended[, and of which not to exceed $5,190,000 shall be 
     used for implementing subsections (a), (b), (c), and (e) of 
     section 4 of the Endangered Species Act of 1973, as amended]: 
     Provided, That the proviso under this heading in Public Law 
     104-208 is amended by striking the words ``Education and'' 
     and inserting in lieu thereof ``Conservation'', by striking 
     the word ``direct'' and inserting in lieu thereof the word 
     ``full'', and by inserting before the period ``, to remain 
     available until expended'': Provided further, That the Bureau 
     of Reclamation transfers to the Fish and Wildlife Service for 
     the Recovery Implementation Program for Endangered Fish 
     Species in the Upper Colorado River Basin shall be exempt 
     from any Fish and Wildlife Service overhead charge.


                              construction

       For construction and acquisition of buildings and other 
     facilities required in the conservation, management, 
     investigation, protection, and utilization of fishery and 
     wildlife resources, and the acquisition of lands and 
     interests therein; [$40,256,000] $43,053,000, to remain 
     available until expended.


                natural resource damage assessment fund

       To conduct natural resource damage assessment activities by 
     the Department of the Interior necessary to carry out the 
     provisions of the Comprehensive Environmental Response, 
     Compensation, and Liability Act, as amended (42 U.S.C. 9601, 
     et seq.), Federal Water Pollution Control Act, as amended (33 
     U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public 
     Law 101-380), and Public Law 101-337; [$4,128,000] 
     $4,328,000, to remain available until expended: Provided, 
     That under this heading in Public Law 104-134, strike ``in 
     fiscal year 1996 and thereafter'' in the proviso and insert 
     ``heretofore and hereafter'', and before the phrase, ``or 
     properties shall be utilized'' in such proviso, insert ``, to 
     remain available until expended,'': Provided further, That 
     the first proviso under this heading in Public Law 103-138 is 
     amended by inserting after ``account'' the following: ``, 
     including transfers to Federal trustees and payments to non-
     Federal trustees,''.


                            land acquisition

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-
     11), including administrative expenses, and for acquisition 
     of land or waters, or interest therein, in accordance with 
     statutory authority applicable to the United States Fish and 
     Wildlife Service, [$53,000,000] $57,292,000, to remain 
     available until expended.


            cooperative endangered species conservation fund

       For expenses necessary to carry out the provisions of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as 
     amended, $14,000,000, for grants to States, to be derived 
     from the Cooperative Endangered Species Conservation Fund, 
     and to remain available until expended.


                     national wildlife refuge fund

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


                         rewards and operations

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


               north american wetlands conservation fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, Public Law 101-233, 
     as amended, [$10,500,000] $13,000,000, to remain available 
     until expended.


                 rhinoceros and tiger conservation fund

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


              wildlife conservation and appreciation fund

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


                       administrative provisions

       Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for purchase of 
     not to exceed 108 passenger motor vehicles, of which 92 are 
     for replacement only (including 57 for police-type use); not 
     to exceed $400,000 for payment, at the discretion of the 
     Secretary, for information, rewards, or evidence concerning 
     violations of laws administered by the Service, and 
     miscellaneous and emergency expenses of enforcement 
     activities, authorized or approved by the Secretary and to be 
     accounted for solely on his certificate; repair of damage to 
     public roads within and adjacent to reservation areas caused 
     by operations of the Service; options for the purchase of 
     land at not to exceed $1 for each option; facilities incident 
     to such public recreational uses on conservation areas as are 
     consistent with their primary purpose; and the maintenance 
     and improvement of aquaria, buildings, and other facilities 
     under the jurisdiction of the Service and to which the United 
     States has title, and which are utilized pursuant to law in 
     connection with management and investigation of fish and 
     wildlife resources: Provided, That notwithstanding 44 U.S.C. 
     501, the Service may, under cooperative cost sharing and 
     partnership arrangements authorized by law, procure printing 
     services from cooperators in connection with jointly-produced 
     publications for which the cooperators share at least one-
     half the cost of printing either in cash or services and the 
     Service determines the cooperator is capable of meeting 
     accepted quality standards: Provided further, That the 
     Service may accept donated aircraft as replacements for 
     existing aircraft: Provided further, That notwithstanding any 
     other provision of law, the Secretary of the Interior may not 
     spend any of the funds appropriated in this Act for the 
     purchase of lands or interests in lands to be used in the 
     establishment of any new unit of the National Wildlife Refuge 
     System unless the purchase is approved in advance by the 
     House and Senate Committees on Appropriations in compliance 
     with the reprogramming procedures contained in the report 
     accompanying this bill: Provided further, That the Secretary 
     may sell land and interests in land, other than surface water 
     rights, acquired in conformance with subsections 206(a) and 
     207(c) of Public Law 101-816, the receipts of which shall be 
     deposited to the Lahontan Valley and Pyramid Lake Fish and

[[Page S9169]]

     Wildlife Fund and used exclusively for the purposes of such 
     subsections, without regard to the limitation on the 
     distribution of benefits in subsection 206(f)(2) of such law.

                         National Park Service


                 operation of the national park system

       For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service (including special road maintenance 
     service to trucking permittees on a reimbursable basis), and 
     for the general administration of the National Park Service, 
     including not to exceed [$2,500,000] $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, [$1,232,325,000] 
     $1,249,409,000, of which $12,800,000 for research, planning 
     and interagency coordination in support of land acquisition 
     for Everglades restoration shall remain available until 
     expended, and of which not to exceed $72,000,000, to remain 
     available until expended, is to be derived from the special 
     fee account established pursuant to title V, section 5201 of 
     Public Law 100-203.


                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, statutory or contractual aid for other 
     activities, and grant administration, not otherwise provided 
     for, [$43,934,000, of which $4,500,000 is for grants to 
     Heritage areas in accordance with titles I-VI and VIII-IX, 
     division II of Public Law 104-333 and is] $45,284,000 to 
     remain available until September 30, 1999.


                       historic preservation fund

       For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), [$40,412,000] $39,812,000, to be derived from 
     the Historic Preservation Fund, to remain available until 
     September 30, 1999, of which $3,200,000 pursuant to section 
     507 of Public Law 104-333 shall remain available until 
     expended.


                              construction

       For construction, improvements, repair or replacement of 
     physical facilities, including the modifications authorized 
     by section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989, [$148,391,000] $167,894,000 to remain 
     available until expended]: Provided, That $500,000 for the 
     Rutherford B. Hayes Home and $600,000 for the Sotterly 
     Plantation House shall be derived from the Historic 
     Preservation Fund pursuant to 16 U.S.C. 470A]: Provided, That 
     $500,000 for the Darwin Mountain House in Buffalo, New York 
     and $500,000 for the Penn Center, South Carolina, shall be 
     derived from the Historic Preservation Fund pursuant to 16 
     U.S.C. 470a: Provided further, That $3,000,000 for the 
     Hispanic Cultural Center, New Mexico, is subject to 
     authorization: Provided further, That $1,000,000 for the 
     Oklahoma City Bombing Memorial is subject to authorization: 
     Provided further, That none of the funds provided in this Act 
     may be used to relocate the Brooks River Lodge in Katmai 
     National Park and Preserve from its current physical 
     location.


                    land and water conservation fund

                              (rescission)

       The contract authority provided for fiscal year 1998 by 16 
     U.S.C. 460l-10a is rescinded.


                 land acquisition and state assistance

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-
     11), including administrative expenses, and for acquisition 
     of lands or waters, or interest therein, in accordance with 
     statutory authority applicable to the National Park Service, 
     [$129,000,000] $125,690,000, 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, $8,500,000 is available for acquisition of the 
     Sterling Forest]: Provided further, That from the funds made 
     available for land acquisition at Everglades National Park 
     and Big Cypress National Preserve, the Secretary may provide 
     for Federal assistance to the State of Florida for the 
     acquisition of lands or waters, or interests therein, within 
     the Everglades watershed (consisting of lands and waters 
     within the boundaries of the South Florida Water Management 
     District, Florida Bay and the Florida Keys) under terms and 
     conditions deemed necessary by the Secretary, to improve and 
     restore the hydrological function of the Everglades 
     watershed: Provided further, That funds provided under this 
     head to the State of Florida shall be subject to an agreement 
     that such lands will be managed in perpetuity for the 
     restoration of the Everglades.


                       administrative provisions

       Appropriations for the National Park Service shall be 
     available for the purchase of not to exceed 396 passenger 
     motor vehicles, of which 302 shall be for replacement only, 
     including not to exceed 315 for police-type use, 13 buses, 
     and 6 ambulances: Provided, That none of the funds 
     appropriated to the National Park Service may be used to 
     process any grant or contract documents which do not include 
     the text of 18 U.S.C. 1913: Provided further, That none of 
     the funds appropriated to the National Park Service may be 
     used to implement an agreement for the redevelopment of the 
     southern end of Ellis Island until such agreement has been 
     submitted to the Congress and shall not be implemented prior 
     to the expiration of 30 calendar days (not including any day 
     in which either House of Congress is not in session because 
     of adjournment of more than three calendar days to a day 
     certain) from the receipt by the Speaker of the House of 
     Representatives and the President of the Senate of a full and 
     comprehensive report on the development of the southern end 
     of Ellis Island, including the facts and circumstances relied 
     upon in support of the proposed project.
       None of the funds in this Act may be spent by the National 
     Park Service for activities taken in direct response to the 
     United Nations Biodiversity Convention.
       The National Park Service may distribute to operating units 
     based on the safety record of each unit the costs of programs 
     designed to improve workplace and employee safety, and to 
     encourage employees receiving workers' compensation benefits 
     pursuant to chapter 81 of title 5, United States Code, to 
     return to appropriate positions for which they are medically 
     able.

                    United States Geological Survey


                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, and the mineral and 
     water resources of the United States, its Territories and 
     possessions, and other areas as authorized by 43 U.S.C. 31, 
     1332, and 1340; classify lands as to their mineral and water 
     resources; give engineering supervision to power permittees 
     and Federal Energy Regulatory Commission licensees; 
     administer the minerals exploration program (30 U.S.C. 641); 
     and publish and disseminate data relative to the foregoing 
     activities; and to conduct inquiries into the economic 
     conditions affecting mining and materials processing 
     industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
     related purposes as authorized by law and to publish and 
     disseminate data; [$755,795,000] $758,160,000 of which 
     $66,231,000 shall be available only for cooperation with 
     States or municipalities for water resources investigations; 
     and of which $16,400,000 shall remain available until 
     expended for conducting inquiries into the economic 
     conditions affecting mining and materials processing 
     industries; and of which $2,000,000 shall remain available 
     until expended for development of a mineral and geologic 
     database; and of which [$147,794,000] $147,159,000 shall be 
     available until September 30, 1999 for the biological 
     research activity and the operation of the Cooperative 
     Research Units: Provided, That none of these funds provided 
     for the biological research activity shall be used to conduct 
     new surveys on private property, unless specifically 
     authorized in writing by the property owner: Provided 
     further, That no part of this appropriation shall be used to 
     pay more than one-half the cost of topographic mapping or 
     water resources data collection and investigations carried on 
     in cooperation with States and municipalities: Provided 
     further, That hereafter the United States Geological Survey 
     may disperse to local entities Payment in Lieu of Taxes 
     impact funding appropriated to the Fish and Wildlife Service 
     pursuant to the Refuge Revenue Sharing Act that is associated 
     with Federal real property being transferred to the United 
     States Geological Survey from the United States Fish and 
     Wildlife Service.


                       administrative provisions

       The amount appropriated for the United States Geological 
     Survey shall be available for the purchase of not to exceed 
     53 passenger motor vehicles, of which 48 are for replacement 
     only; reimbursement to the General Services Administration 
     for security guard services; contracting for the furnishing 
     of topographic maps and for the making of geophysical or 
     other specialized surveys when it is administratively 
     determined that such procedures are in the public interest; 
     construction and maintenance of necessary buildings and 
     appurtenant facilities; acquisition of lands for gauging 
     stations and observation wells; expenses of the United States 
     National Committee on Geology; and payment of compensation 
     and expenses of persons on the rolls of the Survey duly 
     appointed to represent the United States in the negotiation 
     and administration of interstate compacts: Provided, That 
     activities funded by appropriations herein made may be 
     accomplished through the use of contracts, grants, or 
     cooperative agreements as defined in 31 U.S.C. 6302, et seq.: 
     Provided further, That the USGS may contract directly with 
     individuals or indirectly with institutions or nonprofit 
     organizations, without regard to section 41 U.S.C. 5, for the 
     temporary or intermittent services of science students or 
     recent graduates, who shall be considered employees for the 
     purposes of chapter 81 of title 5, United States Code, 
     relating to compensation for work injuries, and chapter 171 
     of title 28, United States Code, relating to tort claims, but 
     shall not be considered to be Federal employees for any other 
     purposes.

                      Minerals Management Service


                royalty and offshore minerals management

       For expenses necessary for minerals leasing and 
     environmental studies, regulation of

[[Page S9170]]

     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; 
     [$139,621,000] $135,722,000, of which not less than 
     [$70,874,000] $66,175,000 shall be available for royalty 
     management activities; and an amount not to exceed 
     $65,000,000 [for activities within the Outer Continental 
     Shelf (OCS) Lands Program,] 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] $3,000,000 for computer 
     acquisitions shall remain available until September 30, 1999: 
     Provided further, That funds appropriated under this Act 
     shall be available for the payment of interest in accordance 
     with 30 U.S.C. 1721(b) and (d): Provided further, That not to 
     exceed $3,000 shall be available for reasonable expenses 
     related to promoting volunteer beach and marine cleanup 
     activities: Provided further, That notwithstanding any other 
     provision of law, $15,000 under this head shall be available 
     for refunds of overpayments in connection with certain Indian 
     leases in which the Director of the Minerals Management 
     Service concurred with the claimed refund due, to pay amounts 
     owed to Indian allottees or Tribes, or to correct prior 
     unrecoverable erroneous payments.


                           oil spill research

       For necessary expenses to carry out title I, section 1016, 
     title IV, sections 4202 and 4303, title VII, and title VIII, 
     section 8201 of the Oil Pollution Act of 1990, $6,118,000, 
     which shall be derived from the Oil Spill Liability Trust 
     Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement


                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not to 
     exceed 10 passenger motor vehicles, for replacement only; 
     [$94,937,000] $97,437,000, and notwithstanding 31 U.S.C. 
     3302, an additional amount shall be credited to this account, 
     to remain available until expended, from performance bond 
     forfeitures in fiscal year 1998: Provided, That the Secretary 
     of the Interior, pursuant to regulations, may utilize 
     directly or through grants to States, moneys collected in 
     fiscal year 1998 for civil penalties assessed under section 
     518 of the Surface Mining Control and Reclamation Act of 1977 
     (30 U.S.C. 1268), to reclaim lands adversely affected by coal 
     mining practices after August 3, 1977, to remain available 
     until expended: Provided further, That appropriations for the 
     Office of Surface Mining Reclamation and Enforcement may 
     provide for the travel and per diem expenses of State and 
     tribal personnel attending Office of Surface Mining 
     Reclamation and Enforcement sponsored training.


                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, including the purchase of not more than 10 
     passenger motor vehicles for replacement only, [$179,624,000] 
     $177,624,000, to be derived from receipts of the Abandoned 
     Mine Reclamation Fund and to remain available until expended; 
     of which up to $5,000,000 shall be for supplemental grants to 
     States for the reclamation of abandoned sites with acid mine 
     rock drainage from coal mines through the Appalachian Clean 
     Streams Initiative: Provided, That grants to minimum program 
     States will be $1,500,000 per State in fiscal year 1998: 
     Provided further, That of the funds herein provided up to 
     $18,000,000 may be used for the emergency program authorized 
     by section 410 of Public Law 95-87, as amended, of which no 
     more than 25 per centum shall be used for emergency 
     reclamation projects in any one State and funds for 
     federally-administered emergency reclamation projects under 
     this proviso shall not exceed $11,000,000: Provided further, 
     That prior year unobligated funds appropriated for the 
     emergency reclamation program shall not be subject to the 25 
     per centum limitation per State and may be used without 
     fiscal year limitation for emergency projects: Provided 
     further, That pursuant to Public Law 97-365, the Department 
     of the Interior is authorized to use up to 20 per centum from 
     the recovery of the delinquent debt owed to the United States 
     Government to pay for contracts to collect these debts: 
     Provided further, That funds made available to States under 
     title IV of Public Law 95-87 may be used, at their 
     discretion, for any required non-Federal share of the cost of 
     projects funded by the Federal Government for the purpose of 
     environmental restoration related to treatment or abatement 
     of acid mine drainage from abandoned mines: Provided further, 
     That such projects must be consistent with the purposes and 
     priorities of the Surface Mining Control and Reclamation Act: 
     Provided further, That the State of Maryland may set aside 
     the greater of $1,000,000 or 10 percent of the total of the 
     grants made available to the State under title IV of the 
     Surface Mining Control and Reclamation Act of 1977, as 
     amended (30 U.S.C. 1231 et seq.), if the amount set aside is 
     deposited in an acid mine drainage abatement and treatment 
     fund established under a State law, pursuant to which law the 
     amount (together with all interest earned on the amount) is 
     expended by the State to undertake acid mine drainage 
     abatement and treatment projects, except that before any 
     amounts greater than 10 percent of its title IV grants are 
     deposited in an acid mine drainage abatement and treatment 
     fund, the State of Maryland must first complete all Surface 
     Mining Control and Reclamation Act priority one projects.

                        Bureau of Indian Affairs


                      operation of indian programs

       For operation of Indian programs by direct expenditure, 
     contracts, cooperative agreements, compacts, and grants 
     including expenses necessary to provide education and welfare 
     services for Indians, either directly or in cooperation with 
     States and other organizations, including payment of care, 
     tuition, assistance, and other expenses of Indians in 
     boarding homes, or institutions, or schools; grants and other 
     assistance to needy Indians; maintenance of law and order; 
     management, development, improvement, and protection of 
     resources and appurtenant facilities under the jurisdiction 
     of the Bureau, including payment of irrigation assessments 
     and charges; acquisition of water rights; advances for Indian 
     industrial and business enterprises; operation of Indian arts 
     and crafts shops and museums; development of Indian arts and 
     crafts, as authorized by law; for the general administration 
     of the Bureau, including such expenses in field offices; 
     maintaining of Indian reservation roads as defined in 23 
     U.S.C. 101; and construction, repair, and improvement of 
     Indian housing, [$1,526,815,000] $1,527,024,000, to remain 
     available until September 30, 1999 except as otherwise 
     provided herein, of which not to exceed $93,825,000 shall be 
     for welfare assistance payments and not to exceed 
     $105,829,000 shall be for payments to tribes and tribal 
     organizations for contract support costs associated with 
     ongoing contracts or grants or compacts entered into with the 
     Bureau prior to fiscal year 1998, as authorized by the Indian 
     Self-Determination Act of 1975, as amended, and up to 
     $5,000,000 shall be for the Indian Self-Determination Fund, 
     which shall be available for the transitional cost of initial 
     or expanded tribal contracts, grants, compacts, or 
     cooperative agreements with the Bureau under such Act; and of 
     which not to exceed $374,290,000 for school operations costs 
     of Bureau-funded schools and other education programs shall 
     become available on July 1, 1998, and shall remain available 
     until September 30, 1999; and of which not to exceed 
     [$59,775,000] $59,479,000 shall remain available until 
     expended for housing improvement, road maintenance, attorney 
     fees, litigation support, self-governance grants, the Indian 
     Self-Determination Fund, land records improvements and the 
     Navajo-Hopi Settlement Program: Provided, That tribes and 
     tribal contractors may use their tribal priority allocations 
     for unmet indirect costs of ongoing contracts, grants or 
     compact agreements and for unmet welfare assistance costs: 
     Provided further, That funds made available to tribes and 
     tribal organizations through contracts, compact agreements, 
     or grants obligated during fiscal years 1998 and 1999, as 
     authorized by the Indian Self-Determination Act of 1975, or 
     grants authorized by the Indian Education Amendments of 1988 
     (25 U.S.C. 2001 and 2008A) shall remain available until 
     expended by the contractor or grantee: Provided further, That 
     to provide funding uniformity within a Self-Governance 
     Compact, any funds provided in this Act with availability for 
     more than two years may be reprogrammed to two year 
     availability but shall remain available within the Compact 
     until expended: Provided further, That notwithstanding any 
     other provision of law, Indian tribal governments may, by 
     appropriate changes in eligibility criteria or by other 
     means, change eligibility for general assistance or change 
     the amount of general assistance payments for individuals 
     within the service area of such tribe who are otherwise 
     deemed eligible for general assistance payments so long as 
     such changes are applied in a consistent manner to 
     individuals similarly situated: Provided further, That any 
     savings realized by such changes shall be available for use 
     in meeting other priorities of the tribes: Provided further, 
     That any net increase in costs to the Federal Government 
     which result solely from tribally increased payment levels 
     for general assistance shall be met exclusively from funds 
     available to the tribe from within its tribal priority 
     allocation: Provided further, That any forestry funds 
     allocated to a tribe which remain unobligated as of September 
     30, 1998, may be transferred during fiscal year 1999 to an 
     Indian forest land assistance account established for the 
     benefit of such tribe within the tribe's trust fund account: 
     Provided further, That any such unobligated balances not so 
     transferred shall expire on September 30, 1999: Provided 
     further, That notwithstanding any other provision of law, no 
     funds available to the Bureau, other than the amounts 
     provided herein for assistance to public schools under 25 
     U.S.C. 452 et seq., shall be available to support the 
     operation of any elementary or secondary school in the State 
     of Alaska in fiscal year 1998: Provided further, That funds 
     made available in this or any other Act for expenditure 
     through September 30, 1999 for schools funded by the Bureau

[[Page S9171]]

     shall be available only to the schools in the Bureau school 
     system as of September 1, 1996: Provided further, That no 
     funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995: Provided further, That beginning in fiscal 
     year 1998 and thereafter and notwithstanding 25 U.S.C. 
     2012(h)(1)(B), when the rates of basic compensation for 
     teachers and counselors at Bureau-operated schools are 
     established at the rates of basic compensation applicable to 
     comparable positions in overseas schools under the Defense 
     Department Overseas Teachers Pay and Personnel Practices Act, 
     such rates shall become effective with the start of the next 
     academic year following the issuance of the Department of 
     Defense salary schedule and shall not be effected 
     retroactively: Provided further, That the Cibecue Community 
     School may use prior year school operations funds for the 
     construction of a new high school facility which is in 
     compliance with 25 U.S.C. 2005(a) provided that any 
     additional construction costs for replacement of such 
     facilities begun with prior year funds shall be completed 
     exclusively with non-Federal funds: Provided further, That 
     tribes may use Tribal Priority Allocations funds for the 
     replacement and repair of school facilities which are in 
     compliance with 25 U.S.C. 2005(a) provided that any 
     construction costs for subsequent replacement of such 
     facilities is completed exclusively with non-Federal funds.


                              construction

       For construction, major repair, and improvement of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, [$110,751,000] $125,051,000, to remain available 
     until expended: Provided, That such amounts as may be 
     available for the construction of the Navajo Indian 
     Irrigation Project may be transferred to the Bureau of 
     Reclamation: Provided further, That not to exceed 6 per 
     centum of contract authority available to the Bureau of 
     Indian Affairs from the Federal Highway Trust Fund may be 
     used to cover the road program management costs of the 
     Bureau: Provided further, That any funds provided for the 
     Safety of Dams program pursuant to 25 U.S.C. 13 shall be 
     made available on a non-reimbursable basis: Provided 
     further, That for fiscal year 1998, in implementing new 
     construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to tribally 
     controlled grant schools under Public Law 100-297, as 
     amended, the Secretary of the Interior shall use the 
     Administrative and Audit Requirements and Cost Principles 
     for Assistance Programs contained in 43 CFR part 12 as the 
     regulatory requirements: Provided further, That such 
     grants shall not be subject to section 12.61 of 43 CFR; 
     the Secretary and the grantee shall negotiate and 
     determine a schedule of payments for the work to be 
     performed: Provided further, That in considering 
     applications, the Secretary shall consider whether the 
     Indian tribe or tribal organization would be deficient in 
     assuring that the construction projects conform to 
     applicable building standards and codes and Federal, 
     tribal, or State health and safety standards as required 
     by 25 U.S.C. 2005(a), with respect to organizational and 
     financial management capabilities: Provided further, That 
     if the Secretary declines an application, the Secretary 
     shall follow the requirements contained in 25 U.S.C. 
     2505(f): Provided further, That any disputes between the 
     Secretary and any grantee concerning a grant shall be 
     subject to the disputes provision in 25 U.S.C. 2508(e).


 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For miscellaneous payments to Indian tribes and individuals 
     and for necessary administrative expenses, [$41,352,000] 
     $43,352,000, to remain available until expended; of which 
     [$40,500,000] $42,000,000 shall be available for 
     implementation of enacted Indian land and water claim 
     settlements pursuant to Public Laws 101-618, 102-374, and 
     102-575, and for implementation of other enacted water rights 
     settlements, including not to exceed $8,000,000, which shall 
     be for the Federal share of the Catawba Indian Tribe of South 
     Carolina Claims Settlement, as authorized by section 5(a) of 
     Public Law 103-116; and of which [$852,000] $1,352,000 shall 
     be available pursuant to Public Laws 99-264, 100-383, 103-
     402, and 100-580: Provided, That the Secretary is directed to 
     sell land and interests in land, other than surface water 
     rights, acquired in conformance with section 2 of the Truckee 
     River Water Quality Settlement Agreement, the receipts of 
     which shall be deposited to the Lahontan Valley and Pyramid 
     Lake Fish and Wildlife Fund, and be available for the 
     purposes of section 2 of such Agreement, without regard to 
     the limitation on the distribution of benefits in the second 
     sentence of paragraph 206(f)(2) of Public Law 101-618.


                 indian guaranteed loan program account

       For the cost of guaranteed loans, $4,500,000, as authorized 
     by the Indian Financing Act of 1974, as amended: Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974: Provided further, That these funds are 
     available to subsidize total loan principal, any part of 
     which is to be guaranteed, not to exceed $34,615,000.
       In addition, for administrative expenses to carry out the 
     guaranteed loan programs, $500,000.


                       administrative provisions

       Appropriations for the Bureau of Indian Affairs (except the 
     revolving fund for loans, the Indian loan guarantee and 
     insurance fund, the Technical Assistance of Indian 
     Enterprises account, the Indian Direct Loan Program account, 
     and the Indian Guaranteed Loan Program account) shall be 
     available for expenses of exhibits, and purchase of not to 
     exceed 229 passenger motor vehicles, of which not to exceed 
     187 shall be for replacement only.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     operations or pooled overhead general administration shall be 
     available for tribal contracts, grants, compacts, or 
     cooperative agreements with the Bureau of Indian Affairs 
     under the provisions of the Indian Self-Determination Act or 
     the Tribal Self-Governance Act of 1994 (Public Law 103-413).

                          Departmental Offices

                            Insular Affairs


                       Assistance to Territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     [$68,214,000] $67,214,000, of which (1) [$64,365,000] 
     $63,365,000 shall be available until expended for technical 
     assistance, including maintenance assistance, disaster 
     assistance, insular management controls, and brown tree snake 
     control and research; grants to the judiciary in American 
     Samoa for compensation and expenses, as authorized by law (48 
     U.S.C. 1661(c)); grants to the Government of American Samoa, 
     in addition to current local revenues, for construction and 
     support of governmental functions; grants to the Government 
     of the Virgin Islands as authorized by law; grants to the 
     Government of Guam, as authorized by law; and grants to the 
     Government of the Northern Mariana Islands as authorized by 
     law (Public Law 94-241; 90 Stat. 272); and (2) $3,849,000 
     shall be available for salaries and expenses of the Office of 
     Insular Affairs: Provided, That all financial transactions of 
     the territorial and local governments herein provided for, 
     including such transactions of all agencies or 
     instrumentalities established or utilized by such 
     governments, may be audited by the General Accounting Office, 
     at its discretion, in accordance with chapter 35 of title 31, 
     United States Code: Provided further, That Northern Mariana 
     Islands Covenant grant funding shall be provided according to 
     those terms of the Agreement of the Special Representatives 
     on Future United States Financial Assistance for the Northern 
     Mariana Islands approved by Public Law 99-396, or any 
     subsequent legislation related to Commonwealth of the 
     Northern Mariana Islands grant funding: Provided further, 
     That of the amounts provided for technical assistance, 
     sufficient funding shall be made available for a grant to the 
     Close Up Foundation: Provided further, That the funds for the 
     program of operations and maintenance improvement are 
     appropriated to institutionalize routine operations and 
     maintenance improvement of capital infrastructure in American 
     Samoa, Guam, the Virgin Islands, the Commonwealth of the 
     Northern Mariana Islands, the Republic of Palau, the Republic 
     of the Marshall Islands, and the Federated States of 
     Micronesia through assessments of long-range operations 
     maintenance needs, improved capability of local operations 
     and maintenance institutions and agencies (including 
     management and vocational education training), and project-
     specific maintenance (with territorial participation and cost 
     sharing to be determined by the Secretary based on the 
     individual territory's commitment to timely maintenance of 
     its capital assets): Provided further, That any appropriation 
     for disaster assistance under this head in this Act or 
     previous appropriations Acts may be used as non-Federal 
     matching funds for the purpose of hazard mitigation grants 
     provided pursuant to section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c).


                      compact of free association

       For economic assistance and necessary expenses for the 
     Federated States of Micronesia and the Republic of the 
     Marshall Islands as provided for in sections 122, 221, 223, 
     232, and 233 of the Compact of Free Association, and for 
     economic assistance and necessary expenses for the Republic 
     of Palau as provided for in sections 122, 221, 223, 232, and 
     233 of the Compact of Free Association, [$20,445,000] 
     $20,545,000, to remain available until expended, as 
     authorized by Public Law 99-239 and Public Law 99-658.

                        Departmental Management


                         Salaries and Expenses

       For necessary expenses for management of the Department of 
     the Interior, $58,286,000, of which not to exceed $8,500 may 
     be for official reception and representation expenses, and of 
     which up to $1,200,000 shall be available for workers 
     compensation payments and unemployment compensation payments 
     associated with the orderly closure of the United States 
     Bureau of Mines.

                        Office of the Solicitor


                         Salaries and Expenses

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

[[Page S9172]]

                      Office of Inspector General


                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General, 
     [$24,439,000] $24,500,000.

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

             Office of Special Trustee for American Indians


                         federal trust programs

       For operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, [$32,126,000] $35,689,000, to remain available until 
     expended [for trust funds management:] Provided, That funds 
     for trust management improvements may be transferred to the 
     Bureau of Indian Affairs: Provided further, That funds made 
     available to tribes and tribal organizations through 
     contracts or grants obligated during fiscal year 1998, as 
     authorized by the Indian Self-Determination Act of 1975 (25 
     U.S.C. 450 et seq.), shall remain available until expended by 
     the contractor or grantee: Provided further, That 
     notwithstanding any other provision of law, the statute of 
     limitations shall not commence to run on any claim, including 
     any claim in litigation pending on the date of this Act, 
     concerning losses to or mismanagement of trust funds, until 
     the affected tribe or individual Indian has been furnished 
     with an accounting of such funds from which the beneficiary 
     can determine whether there has been a loss.

                       Administrative Provisions

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 aircraft, 10 of 
     which shall be for replacement and which may be obtained by 
     donation, purchase or through available excess surplus 
     property: Provided, That notwithstanding any other provision 
     of law, existing aircraft being replaced may be sold, with 
     proceeds derived or trade-in value used to offset the 
     purchase price for the replacement aircraft: Provided 
     further, That no programs funded with appropriated funds in 
     the ``Departmental Management'', ``Office of the Solicitor'', 
     and ``Office of Inspector General'' may be augmented through 
     the Working Capital Fund or the Consolidated Working Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     available under this authority until funds specifically made 
     available to the Department of the Interior for emergencies 
     shall have been exhausted: Provided further, That all funds 
     used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to section 
     251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of forest or range fires on or threatening lands 
     under the jurisdiction of the Department of the Interior; for 
     the emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oilspills; response and natural resource damage 
     assessment activities related to actual oilspills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for fire suppression purposes shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for fire suppression purposes, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for emergency rehabilitation and wildfire suppression 
     activities, no funds shall be made available under this 
     authority until funds appropriated to ``Wildland Fire 
     Management'' shall have been exhausted: Provided further, 
     That all funds used pursuant to this section are hereby 
     designated by Congress to be ``emergency requirements'' 
     pursuant to section 251(b)(2)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, and must be 
     replenished by a supplemental appropriation which must be 
     requested as promptly as possible: Provided further, That 
     such replenishment funds shall be used to reimburse, on a pro 
     rata basis, accounts from which emergency funds were 
     transferred.
       Sec. 103. Appropriations made in this title shall be 
     available for operation of warehouses, garages, shops, and 
     similar facilities, wherever consolidation of activities will 
     contribute to efficiency or economy, and said appropriations 
     shall be reimbursed for services rendered to any other 
     activity in the same manner as authorized by sections 1535 
     and 1536 of title 31, United States Code: Provided, That 
     reimbursements for costs and supplies, materials, equipment, 
     and for services rendered may be credited to the 
     appropriation current at the time such reimbursements are 
     received.
       Sec. 104. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       Sec. 105. Appropriations available to the Department of the 
     Interior for salaries and expenses shall be available for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902 and D.C. Code 4-204).
       Sec. 106. Appropriations made in this title shall be 
     available for obligation in connection with contracts issued 
     for services or rentals for periods not in excess of twelve 
     months beginning at any time during the fiscal year.
       [Sec. 107. No final rule or regulation of any agency of the 
     Federal Government pertaining to the recognition, management, 
     or validity of a right-of-way pursuant to Revised Statute 
     2477 (43 U.S.C. 932) shall take effect unless expressly 
     authorized by an Act of Congress subsequent to the date of 
     enactment of this Act.]
       Sec. 108. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     leasing and related activities placed under restriction in 
     the President's moratorium statement of June 26, 1990, in the 
     areas of Northern, Central, and Southern California; the 
     North Atlantic; Washington and Oregon; and the Eastern Gulf 
     of Mexico south of 26 degrees north latitude and east of 86 
     degrees west longitude.
       Sec. 109. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of 
     [leasing, or the approval or permitting of any drilling or 
     other exploration activity,] offshore oil and natural gas 
     preleasing, leasing, and related activities on lands within 
     the North Aleutian Basin planning area.
       Sec. 110. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     Eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
     2002.
       Sec. 111. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       [Sec. 112. Advance payments made under this title to Indian 
     tribes, tribal organizations, and tribal consortia pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450, et seq.) may be invested by the Indian tribe, 
     tribal organization, or consortium before such funds are 
     expended for the purposes of the grant, compact, or annual 
     funding agreement so long as such funds are--
       [(a) invested by the Indian tribe, tribal organization, or 
     consortium only in obligations of the United States or in 
     obligations or securities that are guaranteed or insured by 
     the United States, or
       [(b) deposited only into accounts that are insured by an 
     agency or instrumentality of the United States.]
       Sec. 112. Advance payments made under this title to Indian 
     tribes, tribal organizations, and tribal consortia pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450, et seq.) may be invested by the Indian tribe, 
     tribal organization, or consortium before such funds are 
     expended for the purposes of the grant, compact, or annual 
     funding agreement so long as such funds are--
       (a) invested by the Indian tribe, tribal organization, or 
     consortium only in obligations of the United States, or in 
     obligations or securities that are guaranteed or insured by 
     the United States, or mutual (or other) funds registered with 
     the Securities and Exchange Commission and which only invest 
     in obligations of the United States or securities that are 
     guaranteed or insured by the United States, or
       (b) deposited only into accounts that are insured by an 
     agency or instrumentality of the United States, or are fully 
     collateralized to ensure protection of the Funds, even in the 
     event of a bank failure.

[[Page S9173]]

       [Sec. 113. (a) Employees of Helium Operations, Bureau of 
     Land Management, entitled to severance pay under 5 U.S.C. 
     5595, may apply for, and the Secretary of the Interior may 
     pay the total amount of the severance pay to the employee in 
     a lump sum. Employees paid severance pay in a lump sum and 
     subsequently reemployed by the Federal government shall be 
     subject to the repayment provisions of 5 U.S.C. 5595(i)(2) 
     and (3), except that any repayment shall be made to the 
     Helium Fund.
       [(b) Helium Operations employees who elect to continue 
     health benefits after separation shall be liable for not more 
     than the required employee contribution under 5 U.S.C. 
     8905a(d)(1)(A). The Helium Fund shall pay for 18 months the 
     remaining portion of required contributions.
       [(c) Benefits under this section shall be available to 
     Helium Operations employees who are or will be involuntarily 
     separated before October 1, 2002 because of the cessation of 
     helium production and sales and other related activities.]
       Sec. 113. (a) Employees of Helium Operations, Bureau of 
     Land Management, entitled to severance pay under 5 U.S.C. 
     5595, may apply for, and the Secretary of the Interior may 
     pay, the total amount of the severance pay to the employee in 
     a lump sum. Employees paid severance pay in a lump sum and 
     subsequently reemployed by the Federal Government shall be 
     subject to the repayment provisions of 5 U.S.C. 5595(i) (2) 
     and (3), except that any repayment shall be made to the 
     Helium Fund.
       (b) Helium Operations employees who elect to continue 
     health benefits after separation shall be liable for not more 
     than the required employee contribution under 5 U.S.C. 
     8905a(d)(1)(A). The Helium Fund shall pay for 18 months the 
     remaining portion of required contributions.
       (c) The Secretary of the Interior may provide for training 
     to assist Helium Operations employees in the transition to 
     other Federal or private sector jobs during the facility 
     shut-down and disposition process and for up to 12 months 
     following separation from Federal employment, including 
     retraining and relocation incentives on the same terms and 
     conditions as authorized for employees of the Department of 
     Defense in section 348 of the National Defense Authorization 
     Act for Fiscal Year 1995.
       (d) For purposes of the annual leave restoration provisions 
     of 5 U.S.C. 6304(d)(1)(B), the cessation of helium production 
     and sales, and other related Helium Program activities shall 
     be deemed to create an exigency of public business under, and 
     annual leave that is lost during leave years 1997 through 
     2001 because of, 5 U.S.C. 6304 (regardless of whether such 
     leave was scheduled in advance) shall be restored to the 
     employee and shall be credited and available in accordance 
     with 5 U.S.C. 6304(d)(2). Annual leave so restored and 
     remaining unused upon the transfer of a Helium Program 
     employee to a position of the executive branch outside of the 
     Helium Program shall be liquidated by payment to the employee 
     of a lump-sum from the Helium Fund for such leave.
       (e) Benefits under this section shall be paid from the 
     Helium Fund in accordance with section 4(c)(4) of the Helium 
     Privatization Act of 1996. Funds may be made available to 
     Helium Program employees who are or will be separated before 
     October 1, 2002 because of the cessation of helium production 
     and sales and other related activities. Retraining benefits, 
     including retraining and relocation incentives, may be paid 
     for retraining commencing on or before September 30, 2002.
       [Sec. 114. None of the funds in this or previous 
     appropriations Acts may be used to establish a new regional 
     office in the United States Fish and Wildlife Service without 
     the advance approval of the House and Senate Committees on 
     Appropriations.]
       Sec. 115. (a) Conveyance Requirement.--Within 90 days after 
     the date of enactment of this Act, the Secretary of the 
     Interior shall convey to the State of West Virginia without 
     reimbursement, all right, title, and interest of the United 
     States in and to the property described in subsection (b), 
     for sole use by the Wildlife Resources Section of the West 
     Virginia Division of Natural Resources, as part of the State 
     of West Virginia fish culture program.
       (b) Property Described.--The property referred to in 
     subsection (a) is the property known as the Bowden National 
     Fish Hatchery, located on old United States route 33, 
     Randolph County, West Virginia, consisting of 44 acres (more 
     or less), and all improvements and related personal property 
     under the control of the Secretary that is located on that 
     property, including buildings, structures, equipment, and all 
     easements, leases, and water rights relating to that 
     property.
       (c) Use and Reversionary Interest.--The property conveyed 
     to the State of West Virginia pursuant to this section shall 
     be used and operated solely by the Wildlife Resources Section 
     of the West Virginia Division of Natural Resources for the 
     purposes of fishery resources management and fisheries 
     related activities, and if it is used for any other purposes 
     or by any other party other than the use authorized under 
     subsection (a), all right, title, and interest in and to all 
     property conveyed under this section shall revert to the 
     United States. The State of West Virginia shall ensure that 
     the property reverting to the United States is in 
     substantially the same or better condition as at the time of 
     transfer.
       Sec. 116. Section 115 of Public Law 103-332 is amended by 
     inserting after the word ``title'' the following: ``or 
     provided from other Federal agencies through reimbursable or 
     other agreements pursuant to the Economy Act''.
       Sec. 117. The third proviso under the heading ``Compact of 
     Free Association'' of Public Law 100-446 is amended by 
     striking ``$2,000,000'' and inserting ``$2,500,000'' and by 
     adding at the end of the proviso the following: ``and 
     commencing on October 1, 1998 and every year thereafter, this 
     dollar amount shall be changed to reflect any fluctuation 
     occurring during the previous twelve (12) months in the 
     Consumer Price Index, as determined by the Secretary of 
     Labor.''
       Sec. 118. (a) No funds available in this Act or any other 
     Act for tribal priority allocations (hereinafter in this 
     section ``TPA'') in excess of the funds expended for TPA in 
     fiscal year 1997 (adjusted for fixed costs and internal 
     transfers pursuant to other law) may be allocated or expended 
     by the Bureau of Indian Affairs (hereinafter in this section 
     ``BIA'') until sixty days after the BIA has submitted to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives the report 
     required under subsection (b).
       (b) The BIA is directed to develop a formula through which 
     TPA funds will be allocated on the basis of need, taking into 
     account each tribe's tribal business revenues from all 
     business ventures, including gaming. The BIA shall submit to 
     the Congress its recommendations for need-based distribution 
     formulas for TPA funds prior to January 1, 1998. Such 
     recommendations shall include several proposed formulas, 
     which shall provide alternative means of measuring the wealth 
     and needs of tribes.
       (c) Notwithstanding any other provision of law, the BIA is 
     hereby authorized to collect such financial and supporting 
     information as is necessary from each tribe receiving or 
     seeking to receive TPA funding to determine such tribe's 
     tribal business revenue from business ventures, including 
     gaming, for use in determining such tribe's wealth and needs 
     for the purposes of this section. The BIA shall obtain such 
     information on the previous calendar or fiscal year's 
     business revenues no later than April 15th of each year. For 
     purposes of preparing its recommendations under subsection 
     (b), the BIA shall require each tribe that received TPA funds 
     in fiscal year 1997 to submit such information by November 1, 
     1997.
       (d) At the request of a tribe, the BIA shall provide such 
     technical assistance as is necessary to foster the tribe's 
     compliance with subsection (c). Any tribe which does not 
     comply with subsection (c) in any given year will be 
     ineligible to receive TPA funds for the following fiscal 
     year, as such tribe's relative need cannot be determined.
       (e) For the purposes of this section, the term ``tribal 
     business revenue'' means income, however derived, from any 
     venture (regardless of the nature or purpose of the activity) 
     owned, held, or operated, in whole or in part, by any entity 
     (whether corporate, partnership, sole proprietorship, trust, 
     or cooperative in nature) on behalf of the collective members 
     of any tribe that has received or seeks to receive TPA, and 
     any income from license fees and royalties collected by any 
     such tribe. Payments by corporations to shareholders who are 
     shareholders based on stock ownership, not tribal membership, 
     will not be considered tribal business revenue under this 
     section unless the corporation is operated by a tribe.
       (f) Notwithstanding any provision of this Act or any other 
     Act hereinafter enacted, no funds may be allocated or 
     expended by any agency of the Federal Government for TPA 
     after October 1, 1998 except in accordance with a needs-based 
     funding formula that takes into account all tribal business 
     revenues, including gaming, of each tribe receiving TPA 
     funds.
       Sec. 119. Section 116 of the Omnibus Appropriations Act for 
     Fiscal Year 1997 (Public Law 104-208; 110 Stat. 3009-201) is 
     amended--
       (1) by striking ``Miners Hospital Grant'' each place it 
     appears and inserting in lieu thereof ``Miners Hospital 
     Grants'';
       (2) by striking ``(February 20, 1929, 45 Stat. 1252)'' each 
     place it appears and inserting in lieu thereof ``(July 16, 
     1894, 28 Stat. 110 and February 20, 1929, 45 Stat. 1252)''; 
     and
       (3) by striking ``(July 26, 1894, 28 Stat. 110)'' each 
     place it appears and inserting in lieu thereof ``(July 16, 
     1894, 28 Stat. 110)''.


                 Tribal Priority Allocation Limitation

       Sec. 120. The receipt by an Indian Tribe of tribal priority 
     allocations funding from the Bureau of Indian Affairs 
     ``Operation of Indian Programs'' account under this Act 
     shall--
       (1) waive any claim of immunity by that Indian tribe;
       (2) subject that Indian tribe to the jurisdiction of the 
     courts of the United States, and grant the consent of the 
     United States to the maintenance of suit and jurisdiction of 
     such courts irrespective of the issue of tribal immunity; and
       (3) grant United States district courts original 
     jurisdiction of all civil actions brought by or against any 
     Indian tribe or band with a governing body duly recognized by 
     the Secretary of the Interior, wherein the matter in 
     controversy arises under the Constitution, laws, or treaties 
     of the United States.
       Sec. 121. Kantishna Mining Claims.--Notwithstanding any 
     other provision of law, on October 1, 1998, there is hereby 
     vested in the United States all right, title, and interest in 
     and to, and the right of immediate possession of, all 
     patented mining claims and valid unpatented mining claims 
     (including any unpatented claim whose validity is in dispute, 
     so long as such validity is later established in a settlement 
     or judgement pursuant to this section) in the Kantishna 
     Mining District within Denali National Park and Preserve 
     whose owners consent in writing to this action within said 
     120 day period: Provided, That in the event a bankruptcy 
     trustee is an owner in interest in a mining claim in the 
     Kantishna Mining District, that consent will be deemed timely 
     for purposes of this section if the trustee applies within 
     said 120 day period to the bankruptcy court for authority to 
     sell the mining claim and to consent to the taking of such 
     claim, and that in such event title

[[Page S9174]]

     shall vest in the United States 10 days after entry of an 
     unstayed order or judgement approving the trustee's 
     application: Provided further, That the United States shall 
     pay just compensation to the owners of any property taken 
     pursuant to this section, determined as of the date of 
     taking: Provided further, That payment shall be in the amount 
     of a negotiated settlement of the value of such property or 
     the valuation of such property awarded by judgment and shall 
     be made solely from the permanent judgment appropriation 
     established pursuant to section 1304 of title 31, United 
     States Code, and shall include accrued interest on the amount 
     of the agreed settlement value or the final judgment from the 
     date of taking to the date of payment, calculated in 
     accordance with section 258e-1 of title 40, United States 
     Code, except that interest shall not be allowed on such 
     amounts as shall have been paid into the court registry: 
     Provided further, That the United States or the property 
     owner may initiate proceedings at any time after said 120 day 
     period seeking a determination of just compensation in the 
     District Court for the District of Alaska pursuant to 
     sections 1358 and 1403 of title 28, United States Code: 
     Provided further, That the United States shall deposit in the 
     registry of the court the estimated just compensation, or at 
     least seventy-five percent thereof, in accordance with the 
     procedures generally described in section 258a of title 40, 
     United States Code not otherwise inconsistent with this 
     section: Provided further, That in establishing any estimate 
     (other than an estimate based on an agency-certified 
     appraisal made prior to the date of enactment of this Act) 
     the Secretary of the Interior shall permit the property owner 
     to present evidence of the value of the property, including 
     potential mineral value, and shall consider such evidence and 
     permit the property owner to have a reasonable and sufficient 
     opportunity to comment on such estimate: Provided further, 
     That the estimated just compensation or part thereof 
     deposited in the court registry shall be paid to the property 
     owner upon request: Provided further, That any payment from 
     the court registry to the property owner shall be deducted 
     from any negotiated settlement or award by judgement: 
     Provided further, That the United States may not request the 
     court to withhold any payment from the court registry or 
     pursue any claim for environmental remediation with respect 
     to such property until 30 days after a negotiated settlement 
     or award by judgement with respect to such property has been 
     reached and payment has been made: Provided further, That the 
     Secretary shall not allow any unauthorized use of property 
     acquired pursuant to this section after the date of taking, 
     and the Secretary shall permit the orderly termination of all 
     operation on the lands and the removal of equipment, 
     facilities, and personal property.
       Sec. 122. Section 1034 of Public Law 104-333 (110 Stat. 
     4093, 4240) is amended by striking ``at any time within 12 
     months of enactment of this Act'' and inserting in lieu 
     thereof ``on or before October 1, 1998''.
       Sec. 123. (a) Kodiak Land Valuation.--Notwithstanding the 
     Refuge Revenue Sharing Act (16 U.S.C. 715s) or any 
     regulations implementing such Act, the fair market value for 
     the initial computation of the payment to Kodiak Island 
     Borough pursuant to such Act shall be based on the purchase 
     price of the parcels acquired from Akhiok-Kaguyak, 
     Incorporated, Koniag, Incorporated, and the Old Harbor Native 
     Corporation for addition to the Kodiak National Wildlife 
     Refuge.
       (b) The fair market value of the parcels described in 
     subsection (a) shall be reappraised under the normal schedule 
     for appraisals adopted by the Alaska Region of the United 
     States Fish and Wildlife Service under the Refuge Revenue 
     Sharing Act (16 U.S.C. 715s). Any such reappraisals shall be 
     made in accordance with such Act and any other applicable law 
     or regulation.
       (c) The fair market value computation required under 
     subsection (a) shall be effective as of the date of the 
     acquisition of the parcels described in such subsection.
       Sec. 124. (a) Androscoggin River Valley Heritage Area Act--
     Short Title.--This Act may be cited as the ``Androscoggin 
     River Valley Heritage Area Act''.
       (b) Purpose.--The purpose of this Act is to establish a 
     locally oriented commission to assist the city of Berlin, New 
     Hampshire, in identifying and studying the Androscoggin River 
     Valley's historical and cultural assets.
       (c) Establishment of Commission.--There is established the 
     Androscoggin River Valley Heritage Commission (referred to in 
     this Act as the ``Commission''), which shall consist of 10 
     members appointed not later than 3 months after the date of 
     enactment of this Act, as follows:
       (1) 1 member appointed by the Governor of New Hampshire, 
     who shall serve as Chairperson.
       (2) 1 member appointed by the Speaker of the House of 
     Representatives of the State of New Hampshire.
       (3) 1 member appointed by the President of the Senate of 
     the State of New Hampshire.
       (4) 2 members appointed by the Secretary of the Interior 
     from among individuals recommended by State and local 
     cultural or historic preservation organizations.
       (5) 1 member, appointed by the Secretary of the Interior, 
     who has experience in the area of historical projects.
       (6) 4 members appointed by the mayor of the city of Berlin, 
     New Hampshire.
       (d) Voting.--The Commission shall act and advise by 
     affirmative vote of a majority of its members.
       (e) Compensation.--
       (1) In general.--A member of the Commission shall receive 
     no pay on account of the member's service on the Commission.
       (2) Travel expenses.--A member of the Commission, while 
     away from the member's home or regular place of business in 
     the performance of services for the Commission, shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, in the same manner as persons employed 
     intermittently in Government service are allowed expenses 
     under section 5703 of title 5, United States Code.
       (f) Exemption From Charter Renewal Requirements.--Section 
     14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) 
     shall not apply to the Commission.
       (g) Termination.--The Commission shall terminate on 
     submission of a report under section 4(b).
       (h) Support.--
       (1) Staff and technical services.--The Director of the 
     National Park Service may provide such staff support and 
     technical services as are necessary to carry out the 
     functions of the Commission.
       (2) Completion of study.--The Secretary of the Interior may 
     provide the Commission such technical and other assistance as 
     is necessary to complete the study described in subsection 
     (j).
       (i) Open Meetings.--All meetings of the Commission shall be 
     open to the public.
       (j) Study.--
       (1) In general.--Not later than 1 year after the completion 
     of appointment of the members of the Commission, the 
     Commission shall complete a comprehensive study of the 
     Androscoggin River Valley's history and culture in New 
     Hampshire, which shall--
       (A) include a catalog of all available historically and 
     culturally significant sites, buildings, and areas in the 
     region;
       (B) examine the feasibility of any Federal or State 
     historic recognition in the region;
       (C) include a set of options for the city of Berlin, New 
     Hampshire, to pursue with respect to heritage-based 
     development, including a list of available Federal, State, 
     and private programs that would further any such efforts; and
       (D) account for the impacts of any heritage-based 
     development on State, municipal, and private property.
       (2) Report.--The Commission shall provide Congress, the 
     Secretary of the Interior, and the State of New Hampshire 
     with a report based on the study described in paragraph 1.
       (k) No Regulatory Authority.--Nothing in this Act provides 
     the Commission with any regulatory authority.
       (l) Authorization of Appropriations.--For the purpose of 
     carrying out the functions of the Commission, there is 
     authorized to be appropriated $50,000.

                       TITLE II--RELATED AGENCIES

                       Department of Agriculture


                             forest service

                     forest and rangeland research

       For necessary expenses of forest and rangeland research as 
     authorized by law, [$187,644,000] $188,644,000, to remain 
     available until expended.


                       state and private forestry

       For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, Territories, 
     possessions, and others, and for forest health management, 
     cooperative forestry, and education and land conservation 
     activities, [$157,922,000] $162,668,000, to remain available 
     until expended, as authorized by law: Provided, That of funds 
     available under this heading for Pacific Northwest Assistance 
     in this or prior appropriations Acts, $800,000 shall be 
     provided to the World Forestry Center for purposes of 
     continuing scientific research and other authorized efforts 
     regarding the land exchange efforts in the Umpqua River Basin 
     region: Provided further, That activities conducted pursuant 
     to funds provided herein for the Alaska Spruce Bark Beetle 
     task force shall be exempt from the requirements of the 
     Federal Advisory Committee Act.


                         national forest system

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, for forest 
     planning, inventory, and monitoring, and for administrative 
     expenses associated with the management of funds provided 
     under the heads ``Forest and Rangeland Research,'' ``State 
     and Private Forestry,'' ``National Forest System,'' 
     ``Wildland Fire Management,'' ``Reconstruction and 
     Construction,'' and ``Land Acquisition,'' [$1,364,480,000] 
     $1,346,215,000, to remain available until expended, which 
     shall include 50 per centum of all monies received during 
     prior fiscal years as fees collected under the Land and Water 
     Conservation Fund Act of 1965, as amended, in accordance with 
     section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That 
     up to $10,000,000 of the funds provided herein for road 
     maintenance shall be available for the planned obliteration 
     of roads which are no longer needed: Provided further, That 
     funds may be used to construct or reconstruct facilities of 
     the Forest Service: Provided further, That no more than 
     $250,000 shall be used on any single project, exclusive of 
     planning and design costs: Provided further, That the 
     Forest Service shall report annually to Congress the 
     amount obligated for each project, and the total dollars 
     obligated during the year.


                        wildland fire management

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, and for emergency 
     rehabilitation of burned over National Forest System lands, 
     [$591,715,000] $582,715,000 to remain available until 
     expended: Provided, That such funds are available for 
     repayment of advances from other

[[Page S9175]]

     appropriations accounts previously transferred for such 
     purposes.


                    reconstruction and construction

       For necessary expenses of the Forest Service, not otherwise 
     provided for, [$160,122,000 (reduced by $5,600,000)] 
     $160,269,000, to remain available until expended for 
     construction, reconstruction and acquisition of buildings and 
     other facilities, and for construction, reconstruction and 
     repair of forest roads and trails by the Forest Service as 
     authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205[: 
     Provided, That not to exceed $50,000,000, (reduced to 
     $25,000,000), to remain available until expended, may be 
     obligated for the construction of forest roads by timber 
     purchasers.]

                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4-11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the Forest 
     Service, [$45,000,000] $49,176,000, to be derived from the 
     Land and Water Conservation Fund, to remain available until 
     expended.


         acquisition of lands for national forests special acts

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


            acquisition of lands to complete land exchanges

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


                         range betterment fund

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


    gifts, donations and bequests for forest and rangeland research

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


          midewin national tallgrass prairie restoration fund

       All funds collected for admission, occupancy, and use of 
     the Midewin National Tallgrass Prairie, and the salvage value 
     proceeds from sale of any facilities and improvements 
     pursuant to sections 2915(d) and (e) of Public Law 104-106, 
     are hereby appropriated and made available until expended for 
     the necessary expenses of restoring and administering the 
     Midewin National Tallgrass Prairie in accordance with section 
     2915(f) of the Act.


                   [cooperative work, forest service

       [For restoring the balances borrowed for previous years 
     firefighting, $128,000,000, to remain available until 
     expended: Provided, That the appropriation shall be merged 
     with and made a part of the designated fund authorized by 
     Public Law 71-319, as amended.]


               administrative provisions, forest service

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of not to exceed 
     159 passenger motor vehicles of which 22 will be used 
     primarily for law enforcement purposes and of which 156 shall 
     be for replacement; acquisition of 25 passenger motor 
     vehicles from excess sources, and hire of such vehicles; 
     operation and maintenance of aircraft, the purchase of not to 
     exceed two for replacement only, and acquisition of 20 
     aircraft from excess sources notwithstanding other provisions 
     of law, existing aircraft being replaced may be sold, with 
     proceeds derived or trade-in value used to offset the 
     purchase price for the replacement aircraft; (2) services 
     pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
     employment under 5 U.S.C. 3109; (3) purchase, erection, and 
     alteration of buildings and other public improvements (7 
     U.S.C. 2250); (4) acquisition of land, waters, and interests 
     therein, pursuant to 7 U.S.C. 428a; (5) for expenses pursuant 
     to the Volunteers in the National Forest Act of 1972 (16 
     U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms 
     as authorized by 5 U.S.C. 5901-5902; and (7) for debt 
     collection contracts in accordance with 31 U.S.C. 3718(c).
       None of the funds made available under this Act shall be 
     obligated or expended to change the boundaries of any region, 
     to abolish any region, to move or close any regional office 
     for research, State and private forestry, or National Forest 
     System administration of the Forest Service, Department of 
     Agriculture other than the relocation of the regional office 
     for Region 10 to Ketchikan and other office relocations and 
     closures in Alaska as specified in the Committee report 
     accompanying this bill, without the consent of the House and 
     Senate Committees on Appropriations.
       Any appropriations or funds available to the Forest Service 
     may be advanced to the Wildland Fire Management appropriation 
     and may be used for forest firefighting and the emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development and the Foreign Agricultural Service in 
     connection with forest and rangeland research, technical 
     information, and assistance in foreign countries, and shall 
     be available to support forestry and related natural resource 
     activities outside the United States and its territories and 
     possessions, including technical assistance, education and 
     training, and cooperation with United States and 
     international organizations.
       None of the funds made available to the Forest Service 
     under this Act shall be subject to transfer under the 
     provisions of section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless 
     the proposed transfer is approved in advance by the House and 
     Senate Committees on Appropriations in compliance with the 
     reprogramming procedures contained in the report accompanying 
     this bill.
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     procedures contained in the report accompanying this bill.
       No funds appropriated to the Forest Service shall be 
     transferred to the Working Capital Fund of the Department of 
     Agriculture without the approval of the Chief of the Forest 
     Service.
       Notwithstanding any other provision of the law, any 
     appropriations or funds available to the Forest Service may 
     be used to disseminate program information to private and 
     public individuals and organizations through the use of 
     nonmonetary items of nominal value and to provide nonmonetary 
     awards of nominal value and to incur necessary expenses for 
     the nonmonetary recognition of private individuals and 
     organizations that make contributions to Forest Service 
     programs.
       Notwithstanding any other provision of law, money 
     collected, in advance or otherwise, by the Forest Service 
     under authority of section 101 of Public Law 93-153 (30 
     U.S.C. 185(1)) as reimbursement of administrative and other 
     costs incurred in processing pipeline right-of-way or permit 
     applications and for costs incurred in monitoring the 
     construction, operation, maintenance, and termination of any 
     pipeline and related facilities, may be used to reimburse the 
     applicable appropriation to which such costs were originally 
     charged.
       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $1,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps as 
     authorized by the Act of August 13, 1970, as amended by 
     Public Law 93-408.
       None of the funds available in this Act shall be used for 
     timber sale preparation using clearcutting in hardwood stands 
     in excess of 25 percent of the fiscal year 1989 harvested 
     volume in the Wayne National Forest, Ohio: Provided, That 
     this limitation shall not apply to hardwood stands damaged by 
     natural disaster: Provided further, That landscape architects 
     shall be used to maintain a visually pleasing forest.
       Any money collected from the States for fire suppression 
     assistance rendered by the Forest Service on non-Federal 
     lands not in the vicinity of National Forest System lands 
     shall be used to reimburse the applicable appropriation and 
     shall remain available until expended as the Secretary may 
     direct in conducting activities authorized by 16 U.S.C. 2101 
     note, 2101-2110, 1606, and 2111.
       Of the funds available to the Forest Service, $1,500 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Notwithstanding any other provision of law, the Forest 
     Service is authorized to employ or otherwise contract with 
     persons at regular rates of pay, as determined by the 
     Service, to perform work occasioned by emergencies such as 
     fires, storms, floods, earthquakes or any other unavoidable 
     cause without regard to Sundays, Federal holidays, and the 
     regular workweek.
       To the greatest extent possible, and in accordance with the 
     Final Amendment to the Shawnee National Forest Plan, none of 
     the funds available in this Act shall be used for preparation 
     of timber sales using clearcutting or other forms of even 
     aged management in hardwood stands in the Shawnee National 
     Forest, Illinois.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, up to 
     [$2,000,000] $2,500,000 may be advanced in a lump sum as 
     Federal financial assistance to the National Forest 
     Foundation, without regard to when the Foundation incurs 
     expenses, for administrative expenses or projects on or 
     benefitting National Forest System lands or related to Forest 
     Service programs: Provided, That of the Federal funds made 
     available to the Foundation, no more than [$500,000] 
     $1,000,000 shall be available for administrative expenses: 
     Provided further, That the Foundation shall obtain, by the 
     end of the period of Federal financial assistance, private 
     contributions to match on at least one-

[[Page S9176]]

     for-one basis funds made available by the Forest Service: 
     Provided further, That the Foundation may transfer Federal 
     funds to a recipient of Federal financial assistance for a 
     project at the same rate that the recipient has obtained the 
     non-Federal matching funds: Provided further, That hereafter, 
     the National Forest Foundation may hold Federal funds made 
     available but not immediately disbursed and may use any 
     interest or other investment income earned (before, on, or 
     after the date of enactment of this Act) on Federal funds to 
     carry out the purposes of Public Law 101-593: Provided 
     further, That such investments may be made only in interest-
     bearing obligations of the United States or in obligations 
     guaranteed as to both principal and interest by the United 
     States.
       Pursuant to section 2(b)(2) of Public Law 98-244, up to 
     $2,000,000 of the funds available to the Forest Service shall 
     be available for matching funds, as authorized by 16 U.S.C. 
     3701-3709, and may be advanced in a lump sum as Federal 
     financial assistance, without regard to when expenses are 
     incurred, for projects on or benefitting National Forest 
     System lands or related to Forest Service programs: Provided, 
     That the Foundation shall obtain, by the end of the period of 
     Federal financial assistance, private contributions to match 
     on at least one-for-one basis funds advanced by the Forest 
     Service: Provided further, That the Foundation may transfer 
     Federal funds to a recipient of Federal financial assistance 
     for a project at the same rate that the recipient has 
     obtained the non-Federal matching funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities for sustainable rural development purposes.
       Notwithstanding any other provision of law, 80 percent of 
     the funds appropriated to the Forest Service in the 
     ``National Forest System'' and ``Reconstruction and 
     Construction'' accounts and planned to be allocated to 
     activities under the ``Jobs in the Woods'' program for 
     projects on National Forest land in the State of Washington 
     may be granted directly to the Washington State Department of 
     Fish and Wildlife for accomplishment of planned projects. 
     Twenty percent of said funds shall be retained by the Forest 
     Service for planning and administering projects. Project 
     selection and prioritization shall be accomplished by the 
     Forest Service with such consultation with the State of 
     Washington as the Forest Service deems appropriate.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to sections 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       Any funds available to the Forest Service may be used for 
     retrofitting the Commanding Officer's Building (S-2), to 
     accommodate the relocation of the Forest Supervisor's Office 
     for the San Bernardino National Forest: Provided, That funds 
     for the move must come from funds otherwise available to 
     Region 5: Provided further, That any funds to be provided for 
     such purposes shall only be available upon approval of the 
     House and Senate Committees on Appropriations.
       The Secretary of Agriculture is authorized to enter into 
     grants, contracts, and cooperative agreements as appropriate 
     with the Pinchot Institute for Conservation, as well as with 
     public and other private agencies, organizations, 
     institutions, and individuals, to provide for the 
     development, administration, maintenance, or restoration of 
     land, facilities, or Forest Service programs, at the Grey 
     Towers National Historic Landmark: Provided, That, subject to 
     such terms and conditions as the Secretary of Agriculture may 
     prescribe, any such public or private agency, organization, 
     institution, or individual may solicit, accept, and 
     administer private gifts of money and real or personal 
     property for the benefit of, or in connection with, the 
     activities and services at the Grey Towers National Historic 
     Landmark: Provided further, That such gifts may be accepted 
     notwithstanding the fact that a donor conducts business with 
     the Department of Agriculture in any capacity.
       Funds appropriated to the Forest Service shall be 
     available, as determined by the Secretary, for payments to 
     Del Norte County, California, pursuant to sections 13(e) and 
     14 of the Smith River National Recreation Area Act (Public 
     Law 101-612).
       For purposes of the Southeast Alaska Economic Disaster Fund 
     as set forth in section 101(c) of Public Law 104-134, the 
     direct grants provided in subsection (c) shall be considered 
     direct payments for purposes of all applicable law except 
     that these direct grants may not be used for lobbying 
     activities.
       No employee of the Department of Agriculture may be 
     detailed or assigned from an agency or office funded by this 
     Act to any other agency or office of the Department for more 
     than 30 days unless the individual's employing agency or 
     office is fully reimbursed by the receiving agency or office 
     for the salary and expenses of the employee for the period of 
     assignment.

                          DEPARTMENT OF ENERGY


                         clean coal technology

                              (rescission)

       Of the funds made available under this heading for 
     obligation in fiscal year 1997 or prior years, $101,000,000 
     are rescinded: Provided, That funds made available in 
     previous appropriations Acts shall be available for any 
     ongoing project regardless of the separate request for 
     proposal under which the project was selected.

                 fossil energy research and development

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     performed under the minerals and materials science programs 
     at the Albany Research Center in Oregon, [$313,153,000] 
     $363,969,000, to remain available until expended: Provided, 
     That no part of the sum herein made available shall be used 
     for the field testing of nuclear explosives in the recovery 
     of oil and gas.


                      alternative fuels production

                     (including transfer of funds)

       Monies received as investment income on the principal 
     amount in the Great Plains Project Trust at the Norwest Bank 
     of North Dakota, in such sums as are earned as of October 1, 
     1997, shall be deposited in this account and immediately 
     transferred to the General Fund of the Treasury. Monies 
     received as revenue sharing from operation of the Great 
     Plains Gasification Plant shall be immediately transferred to 
     the General Fund of the Treasury.


                 naval petroleum and oil shale reserves

       For necessary expenses in carrying out naval petroleum and 
     oil shale reserve activities, [$115,000,000] $107,000,000, 
     and such sums as are necessary to operate Naval Petroleum 
     Reserve Numbered 1 between May 16, 1998 and September 30, 
     1998, to remain available until expended: Provided, That 
     notwithstanding any other provision of law, revenues received 
     from use and operation of Naval Petroleum Reserve Numbered 1 
     in excess of $163,000,000 shall be used to offset the costs 
     of operating Naval Petroleum Reserve Numbered 1 between May 
     16, 1998 and September 30, 1998: Provided further, That 
     revenues retained pursuant to the first proviso under this 
     head in Public Law 102-381 (106 Stat. 1404) shall be 
     immediately transferred to the General Fund of the Treasury: 
     Provided further, That the requirements of 10 U.S.C. 
     7430(b)(2)(B) shall not apply to fiscal year 1998.


                          energy conservation

       For necessary expenses in carrying out energy conservation 
     activities, [$644,766,000] $627,357,000, to remain available 
     until expended, including, notwithstanding any other 
     provision of law, the excess amount for fiscal year 1998 
     determined under the provisions of section 3003(d) of Public 
     Law 99-509 (15 U.S.C. 4502): Provided, That [$153,845,000] 
     $160,100,000 shall be for use in energy conservation programs 
     as defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 
     4507) and shall not be available until excess amounts are 
     determined under the provisions of section 3003(d) of Public 
     Law 99-509 (15 U.S.C. 4502): Provided further, That 
     notwithstanding section 3003(d)(2) of Public Law 99-509 such 
     sums shall be allocated to the eligible programs as follows: 
     [$123,845,000] $129,000,000 for weatherization assistance 
     grants and [$30,000,000] $31,100,000 for State energy 
     conservation grants.


                          economic regulation

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


                      strategic petroleum reserve

                     (including transfer of funds)

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), [$209,000,000] 
     $207,500,000, to remain available until expended, of which 
     [$209,000,000] $207,500,000 shall be repaid from the ``SPR 
     Operating Fund'' from amounts made available from the sale of 
     oil from the Reserve: Provided, That notwithstanding section 
     161 of the Energy Policy and Conservation Act, the Secretary 
     shall draw down and sell in fiscal year 1998 [$209,000,000] 
     $207,500,000 worth of oil from the Strategic Petroleum 
     Reserve: Provided further, That the proceeds from the sale 
     shall be deposited into the ``SPR Operating Fund'', and 
     shall, upon receipt, be transferred to the Strategic 
     Petroleum Reserve account for operations of the Strategic 
     Petroleum Reserve.


                         spr petroleum account

        Notwithstanding 42 U.S.C. 6240(d) the United States share 
     of crude oil in Naval Petroleum Reserve Numbered 1 (Elk 
     Hills) may be sold or otherwise disposed of to other than the 
     Strategic Petroleum Reserve: Provided, That outlays in fiscal 
     year 1998 resulting from the use of funds in this account 
     shall not exceed $5,000,000.


                   energy information administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, [$66,800,000] 
     $62,800,000, to remain available until expended.


            administrative provisions, department of energy

       Appropriations under this Act for the current fiscal year 
     shall be available for hire of

[[Page S9177]]

     passenger motor vehicles; hire, maintenance, and operation of 
     aircraft; purchase, repair, and cleaning of uniforms; and 
     reimbursement to the General Services Administration for 
     security guard services.
       From appropriations under this Act, transfers of sums may 
     be made to other agencies of the Government for the 
     performance of work for which the appropriation is made.
       None of the funds made available to the Department of 
     Energy under this Act shall be used to implement or finance 
     authorized price support or loan guarantee programs unless 
     specific provision is made for such programs in an 
     appropriations Act.
       The Secretary is authorized to accept lands, buildings, 
     equipment, and other contributions from public and private 
     sources and to prosecute projects in cooperation with other 
     agencies, Federal, State, private or foreign: Provided, That 
     revenues and other moneys received by or for the account of 
     the Department of Energy or otherwise generated by sale of 
     products in connection with projects of the Department 
     appropriated under this Act may be retained by the Secretary 
     of Energy, to be available until expended, and used only for 
     plant construction, operation, costs, and payments to cost-
     sharing entities as provided in appropriate cost-sharing 
     contracts or agreements: Provided further, That the remainder 
     of revenues after the making of such payments shall be 
     covered into the Treasury as miscellaneous receipts: Provided 
     further, That any contract, agreement, or provision thereof 
     entered into by the Secretary pursuant to this authority 
     shall not be executed prior to the expiration of 30 calendar 
     days (not including any day in which either House of Congress 
     is not in session because of adjournment of more than three 
     calendar days to a day certain) from the receipt by the 
     Speaker of the House of Representatives and the President of 
     the Senate of a full comprehensive report on such project, 
     including the facts and circumstances relied upon in support 
     of the proposed project.
       No funds provided in this Act may be expended by the 
     Department of Energy to prepare, issue, or process 
     procurement documents for programs or projects for which 
     appropriations have not been made.
       In addition to other authorities set forth in this Act, the 
     Secretary may accept fees and contributions from public and 
     private sources, to be deposited in a contributed funds 
     account, and prosecute projects using such fees and 
     contributions in cooperation with other Federal, State or 
     private agencies or concerns.
       The Secretary is authorized to accept funds from other 
     Federal agencies in return for assisting agencies in 
     achieving energy efficiency in Federal facilities and 
     operations by the use of privately financed, energy saving 
     performance contracts and other private financing mechanisms. 
     The funds may be provided after agencies begin to realize 
     energy cost savings; may be retained by the Secretary until 
     expended; and may be used only for the purpose of assisting 
     Federal agencies in achieving greater efficiency, water 
     conservation, and use of renewable energy by means of 
     privately financed mechanisms, including energy savings 
     performance contracts. Any such privately financed contracts 
     shall meet the provisions of the Energy Policy Act of 1992, 
     Public Law [102-496] 102-486 (42 U.S.C. 8287).

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, [$1,829,008,000] $1,958,235,000, together 
     with payments received during the fiscal year pursuant to 42 
     U.S.C. 238(b) for services furnished by the Indian Health 
     Service: Provided, That funds made available to tribes and 
     tribal organizations through contracts, grant agreements, or 
     any other agreements or compacts authorized by the Indian 
     Self-Determination and Education Assistance Act of 1975 (25 
     U.S.C. 450), shall be deemed to be obligated at the time of 
     the grant or contract award and thereafter shall remain 
     available to the tribe or tribal organization without fiscal 
     year limitation: Provided further, That $12,000,000 shall 
     remain available until expended, for the Indian Catastrophic 
     Health Emergency Fund: Provided further, That [$359,348,000] 
     $362,375,000 for contract medical care shall remain available 
     for obligation until September 30, 1999: Provided further, 
     That of the funds provided, not less than $11,889,000 shall 
     be used to carry out the loan repayment program under section 
     108 of the Indian Health Care Improvement Act: Provided 
     further, That funds provided in this Act may be used for one-
     year contracts and grants which are to be performed in two 
     fiscal years, so long as the total obligation is recorded in 
     the year for which the funds are appropriated: Provided 
     further, That the amounts collected by the Secretary of 
     Health and Human Services under the authority of title IV of 
     the Indian Health Care Improvement Act shall remain available 
     until expended for the purpose of achieving compliance with 
     the applicable conditions and requirements of titles XVIII 
     and XIX of the Social Security Act (exclusive of planning, 
     design, or construction of new facilities): Provided further, 
     That of the funds provided, $7,500,000 shall remain available 
     until expended, for the Indian Self-Determination Fund, which 
     shall be available for the transitional costs of initial or 
     expanded tribal contracts, compacts, grants or cooperative 
     agreements with the Indian Health Service under the 
     provisions of the Indian Self-Determination Act: Provided 
     further, That funding contained herein, and in any earlier 
     appropriations Acts for scholarship programs under the Indian 
     Health Care Improvement Act (25 U.S.C. 1613) shall remain 
     available for obligation until September 30, 1999: Provided 
     further, That amounts received by tribes and tribal 
     organizations under title IV of the Indian Health Care 
     Improvement Act shall be reported and accounted for and 
     available to the receiving tribes and tribal organizations 
     until expended.


                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act[, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $257,310,000] 
     $168,501,000, to remain available until expended: Provided, 
     That notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of an Indian 
     tribe or tribes may be used to purchase land for sites to 
     construct, improve, or enlarge health or related facilities.


            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefore as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities: Provided, That in accordance with the provisions 
     of the Indian Health Care Improvement Act, non-Indian 
     patients may be extended health care at all tribally 
     administered or Indian Health Service facilities, subject to 
     charges, and the proceeds along with funds recovered under 
     the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653) 
     shall be credited to the account of the facility providing 
     the service and shall be available without fiscal year 
     limitation: Provided further, That notwithstanding any other 
     law or regulation, funds transferred from the Department of 
     Housing and Urban Development to the Indian Health Service 
     shall be administered under Public Law 86-121 (the Indian 
     Sanitation Facilities Act) and Public Law 93-638, as amended: 
     Provided further, That funds appropriated to the Indian 
     Health Service in this Act, except those used for 
     administrative and program direction purposes, shall not be 
     subject to limitations directed at curtailing Federal travel 
     and transportation: Provided further, That notwithstanding 
     any other provision of law, funds previously or herein made 
     available to a tribe or tribal organization through a 
     contract, grant, or agreement authorized by title I or title 
     III of the Indian Self-Determination and Education Assistance 
     Act of 1975 (25 U.S.C. 450), may be deobligated and 
     reobligated to a self-determination contract under title I, 
     or a self-governance agreement under title III of such Act 
     and thereafter shall remain available to the tribe or tribal 
     organization without fiscal year limitation: Provided 
     further, That none of the funds made available to the Indian 
     Health Service in this Act shall be used to implement the 
     final rule published in the Federal Register on September 16, 
     1987, by the Department of Health and Human Services, 
     relating to the eligibility for the health care services of 
     the Indian Health Service until the Indian Health Service has 
     submitted a budget request reflecting the increased costs 
     associated with the proposed final rule, and such request has 
     been included in an appropriations Act and enacted into law: 
     Provided further, That funds made available in this Act are 
     to be apportioned to the Indian Health Service as 
     appropriated in this Act, and accounted for in the 
     appropriation structure set forth in this Act[: 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 with respect 
     to functions transferred by the Indian Health Service to 
     tribes or tribal organizations, the Indian Health Service is 
     authorized to provide goods and services to those

[[Page S9178]]

     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment, and the reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     which provided the funding, said amounts to remain available 
     until expended: Provided further, That reimbursements for 
     training, technical assistance, or services provided by the 
     Indian Health Service will contain total costs, including 
     direct, administrative, and overhead associated with the 
     provision of goods, services, or technical assistance: 
     Provided further, That the appropriation structure for the 
     Indian Health Service may not be altered without advance 
     approval of the House and Senate Committees on 
     Appropriations.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     [$18,345,000] $15,000,000, to remain available until 
     expended: Provided, That funds provided in this or any other 
     appropriations Act are to be used to relocate eligible 
     individuals and groups including evictees from District 6, 
     Hopi-partitioned lands residents, those in significantly 
     substandard housing, and all others certified as eligible and 
     not included in the preceding categories: Provided further, 
     That none of the funds contained in this or any other Act may 
     be used by the Office of Navajo and Hopi Indian Relocation to 
     evict any single Navajo or Navajo family who, as of November 
     30, 1985, was physically domiciled on the lands partitioned 
     to the Hopi Tribe unless a new or replacement home is 
     provided for such household: Provided further, That no 
     relocatee will be provided with more than one new or 
     replacement home: Provided further, That the Office shall 
     relocate any certified eligible relocatees who have selected 
     and received an approved homesite on the Navajo reservation 
     or selected a replacement residence off the Navajo 
     reservation or on the land acquired pursuant to 25 U.S.C. 
     640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56, part A), 
     [$3,000,000] $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; [$334,557,000] 
     $333,708,000, of which not to exceed $32,718,000 for the 
     instrumentation program, collections acquisition, Museum 
     Support Center equipment and move, exhibition reinstallation, 
     the National Museum of the American Indian, the repatriation 
     of skeletal remains program, research equipment, information 
     management, and Latino programming shall remain available 
     until expended, and including such funds as may be necessary 
     to support American overseas research centers and a total of 
     $125,000 for the Council of American Overseas Research 
     Centers: Provided, That funds appropriated herein are 
     available for advance payments to independent contractors 
     performing research services or participating in official 
     Smithsonian presentations.


        construction and improvements, national zoological park

       For necessary expenses of planning, construction, 
     remodeling, and equipping of buildings and facilities at the 
     National Zoological Park, by contract or otherwise, 
     $3,850,000, to remain available until expended.


                  repair and restoration of buildings

       For necessary expenses of repair and restoration of 
     buildings owned or occupied by the Smithsonian Institution, 
     by contract or otherwise, as authorized by section 2 of the 
     Act of August 22, 1949 (63 Stat. 623), including not to 
     exceed $10,000 for services as authorized by 5 U.S.C. 3109, 
     [$50,000,000] $32,000,000, to remain available until 
     expended: Provided, That contracts awarded for environmental 
     systems, protection systems, and exterior repair or 
     restoration of buildings of the Smithsonian Institution may 
     be negotiated with selected contractors and awarded on the 
     basis of contractor qualifications as well as price.


                              Construction

       For necessary expenses for construction, $33,000,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, a single 
     procurement for the construction of the National Museum of 
     the American Indian may be issued which includes the full 
     scope of the project: Provided further, That the solicitation 
     and the contract shall contain the clause ``availability of 
     funds'' found at 48 CFR 52.232.18.

                        National Gallery of Art


                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $55,837,000, 
     of which not to exceed $3,026,000 for the special exhibition 
     program shall remain available until expended.


            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, [$6,442,000] $5,942,000, to remain 
     available until expended: Provided, That contracts awarded 
     for environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $11,375,000.


                              construction

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

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       [For necessary expenses of the Woodrow Wilson International 
     Center for Scholars, $1,000,000.]
       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $5,840,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $83,300,000 shall be available to the National Endowment for 
     the Arts for the support of projects and productions in the 
     arts through assistance to organizations and individuals 
     pursuant to section 5(c) of the Act, and for administering 
     the functions of the Act, to remain available until expended.


                            matching grants

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

                 National Endowment for the Humanities


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     [$96,100,000] $96,800,000, shall be available to the National 
     Endowment for the Humanities for support of activities in the 
     humanities, pursuant to section 7(c) of the Act, and for 
     administering the functions of the Act, to remain available 
     until expended.


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $13,900,000, to remain available until 
     expended, of which $8,000,000 shall be available to the 
     National Endowment for the Humanities for the purposes of 
     section 7(h):

[[Page S9179]]

     Provided, That this appropriation shall be available for 
     obligation only in such amounts as may be equal to the total 
     amounts of gifts, bequests, and devises of money, and other 
     property accepted by the Chairman or by grantees of the 
     Endowment under the provisions of subsections 11(a)(2)(B) and 
     11(a)(3)(B) during the current and preceding fiscal years for 
     which equal amounts have not previously been appropriated.

                Institute of Museum and Library Services


                       Office of Museum Services

                       grants and administration

       For carrying out subtitle C of the Museum and Library 
     Services Act of 1996, [$23,390,000] $22,290,000, to remain 
     available until expended.


                       administrative provisions

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

                        Commission of Fine Arts


                         salaries and expenses

       For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $907,000.

               national capital arts and cultural affairs

       For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956(a)), as amended, [$6,000,000] $7,000,000.

               Advisory Council on Historic Preservation


                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), [$2,700,000] 
     $2,745,000: Provided, That none of these funds shall be 
     available for the compensation of Executive Level V or higher 
     positions.

                  National Capital Planning Commission


                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, [$5,700,000] 
     $5,740,000: Provided, That all appointed members will be 
     compensated at a rate not to exceed the rate for Executive 
     Schedule Level IV: Provided further, That beginning in fiscal 
     year 1998 and thereafter, the Commission is authorized to 
     charge fees to cover the full costs of Geographic Information 
     System products and services supplied by the Commission, and 
     such fees shall be credited to this account as an offsetting 
     collection, to remain available until expended.

                United States Holocaust Memorial Council


                       holocaust memorial council

       For expenses of the Holocaust Memorial Council, as 
     authorized by Public Law 96-388 (36 U.S.C. 1401), as amended, 
     $31,707,000 of which $1,575,000 for the Museum's repair and 
     rehabilitation program and $1,264,000 for the Museum's 
     exhibitions program shall remain available until expended.

                     TITLE III--GENERAL PROVISIONS

       Sec. 301. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive Order issued pursuant to existing law.
       Sec. 302. No part of any appropriation under this Act shall 
     be available to the Secretary of the Interior or the 
     Secretary of Agriculture for the leasing of oil and natural 
     gas by noncompetitive bidding on publicly owned lands within 
     the boundaries of the Shawnee National Forest, Illinois: 
     Provided, That nothing herein is intended to inhibit or 
     otherwise affect the sale, lease, or right to access to 
     minerals owned by private individuals.
       Sec. 303. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which congressional action is not complete.
       Sec. 304. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 305. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 306. No assessments may be levied against any program, 
     budget activity, subactivity, or project funded by this Act 
     unless advance notice of such assessments and the basis 
     therefor are presented to the Committees on Appropriations 
     and are approved by such Committees.
       Sec. 307. (a) Compliance With Buy American Act.--None of 
     the funds made available in this Act may be expended by an 
     entity unless the entity agrees that in expending the funds 
     the entity will comply with sections 2 through 4 of the Act 
     of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the 
     ``Buy American Act'').
        (b) Sense of Congress; Requirement Regarding Notice.--
        (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products.
        (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each Federal agency shall provide to each 
     recipient of the assistance a notice describing the statement 
     made in paragraph (1) by the Congress.
        (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 308. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 1995.
       Sec. 309. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 310. Beginning in fiscal year 1998 and thereafter, 
     where the actual costs of construction projects under self-
     determination contracts, compacts, or grants, pursuant to 
     Public Laws 93-638, 103-413, or 100-297, are less than the 
     estimated costs thereof, use of the resulting excess funds 
     shall be determined by the appropriate Secretary after 
     consultation with the tribes.
       Sec. 311. Notwithstanding Public Law 103-413, quarterly 
     payments of funds to tribes and tribal organizations under 
     annual funding agreements pursuant to section 108 of Public 
     Law 93-638, as amended, beginning in fiscal year 1998 and 
     therafter, may be made on the first business day following 
     the first day of a fiscal quarter.
       Sec. 312. None of the funds appropriated or otherwise made 
     available by this Act may be used for the AmeriCorps program, 
     unless the relevant agencies of the Department of the 
     Interior and/or Agriculture follow appropriate reprogramming 
     guidelines: Provided, That if no funds are provided for the 
     AmeriCorps program by the VA-HUD and Independent Agencies 
     fiscal year 1998 appropriations bill, then none of the funds 
     appropriated or otherwise made available by this Act may be 
     used for the AmeriCorps programs.
       Sec. 313. None of the funds made available in this Act may 
     be used (1) to demolish the bridge between Jersey City, New 
     Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
     such bridge, when it is made known to the Federal official 
     having authority to obligate or expend such funds that such 
     pedestrian use is consistent with generally accepted safety 
     standards.
       Sec. 314. (a) None of the funds appropriated or otherwise 
     made available pursuant to this Act shall be obligated or 
     expended to accept or process applications for a patent for 
     any mining or mill site claim located under the general 
     mining laws.
        (b) The provisions of subsection (a) shall not apply if 
     the Secretary of the Interior determines that, for the claim 
     concerned: (1) a patent application was filed with the 
     Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) On September 30, 1998, the Secretary of the Interior 
     shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the United States Senate a report on actions 
     taken by the Department under the plan submitted pursuant to 
     section 314(c) of the Department of the Interior and Related 
     Agencies Appropriations Act, 1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole

[[Page S9180]]

     responsibility to choose and pay the third-party contractor 
     in accordance with the standard procedures employed by the 
     Bureau of Land Management in the retention of third-party 
     contractors.
       Sec. 315. None of the funds appropriated or otherwise made 
     available by this Act may be used for the purposes of 
     acquiring lands in the counties of Gallia, Lawrence, Monroe, 
     or Washington, Ohio, for the Wayne National Forest.
       [Sec. 316. None of the funds available to the Department of 
     the Interior or the Department of Agriculture by this or any 
     other Act may be used to prepare, promulgate, implement, or 
     enforce any interim or final rule or regulation pursuant to 
     title VIII of the Alaska National Interest Lands Conservation 
     Act to assert jurisdiction, management, or control over any 
     waters (other than non-navigable waters on Federal lands), 
     non-Federal lands, or lands selected by, but not conveyed to, 
     the State of Alaska pursuant to the Submerged Lands Act of 
     1953 or the Alaska Statehood Act, or an Alaska Native 
     Corporation pursuant to the Alaska Native Claims Settlement 
     Act.
       [Sec. 317. No funds appropriated under this or any other 
     Act shall be used to review or modify sourcing areas 
     previously approved under section 490(c)(3) of the Forest 
     Resources Conservation and Shortage Relief Act of 1990 
     (Public Law 101-382) or to enforce or implement Federal 
     regulations 36 CFR part 223 promulgated on September 8, 1995. 
     The regulations and interim rules in effect prior to 
     September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 
     subpart D, 36 CFR 223 subpart F, and 36 CFR 261.6) shall 
     remain in effect. The Secretary of Agriculture or the 
     Secretary of the Interior shall not adopt any policies 
     concerning Public Law 101-382 or existing regulations that 
     would restrain domestic transportation or processing of 
     timber from private lands or impose additional accountability 
     requirements on any timber. The Secretary of Commerce shall 
     extend until September 30, 1998, the order issued under 
     section 491(b)(2)(A) of Public Law 101-382 and shall issue an 
     order under section 491(b)(2)(B) of such law that will be 
     effective October 1, 1998.
       [Sec. 318. No part of any appropriation contained in this 
     Act shall be expended or obligated to fund the activities of 
     the western director and special assistant to the Secretary 
     within the Office of the Secretary of Agriculture.]
       Sec. 318. No part of any appropriation contained in this 
     Act shall be expended or obligated to fund the activities of 
     the western director and special assistant to the Secretary 
     within the Office of the Secretary of Agriculture unless the 
     proposed expenditure is approved in advance by the House and 
     Senate Committees on Appropriations in compliance with the 
     reprogramming procedures contained in the report accompanying 
     this bill.
       Sec. 319. Notwithstanding any other provision of law, for 
     fiscal year 1998 and hereafter the Secretaries of Agriculture 
     and Interior are authorized to limit competition for 
     watershed restoration project contracts as part of the ``Jobs 
     in the Woods'' component of the President's Forest Plan for 
     the Pacific Northwest to individuals and entities in 
     historically timber-dependent areas in the States of 
     Washington, Oregon, and northern California that have been 
     affected by reduced timber harvesting on Federal lands.
       [Sec. 320. Section 101(c) of Public Law 104-134 is amended 
     as follows: Under the heading ``TITLE III--GENERAL 
     PROVISIONS'' amend section 315(c)(1), subsections (A) and (B) 
     by striking each of those subsections and inserting in lieu 
     thereof:
       [``(A) Eighty percent to a special account in the Treasury 
     for use without further appropriation, by the agency which 
     administers the site, to remain available for expenditure in 
     accordance with paragraph (2)(A).
       [``(B) Twenty percent to a special account in the Treasury 
     for use without further appropriation, by the agency which 
     administers the site, to remain available for expenditure in 
     accordance with paragraph (2)(B).''.]
       Sec. 321. None of the funds collected under the 
     Recreational Fee Demonstration program may be used to plan, 
     design, or construct a visitor center or any other permanent 
     structure without prior approval of the House and the Senate 
     Committees on Appropriations if the estimated total cost of 
     the facility exceeds $500,000.
       Sec. 322. Section 303(d)(1) of Public Law 96-451 (16 U.S.C. 
     1606a(d)(1)) is amended by inserting before the semicolon the 
     following: ``and other forest stand improvement activities to 
     enhance forest health and reduce hazardous fuel loads of 
     forest stands in the National Forest System''.
       [Sec. 323. The Secretaries of Agriculture and Interior, in 
     their conducting the Interior Columbia Basin Ecosystem 
     Management Project, including both the Eastside Draft 
     Environmental Impact Statement and the Upper Columbia River 
     Basin Ecosystem Management Strategy Draft Environmental 
     Impact Statement as described in a Federal Register notice on 
     January 15, 1997 (Vol. 62, No. 10, page 2176) (hereinafter 
     ``Project''), shall analyze the economic and social 
     conditions, and culture and customs of communities at the 
     sub-basin level of analysis within the project area to the 
     extent practicable and delineate the impacts the alternatives 
     will have on the communities in the 164 sub-basins. The 
     project managers shall release this more thorough analysis 
     for public review as an addition to the draft environmental 
     impact statements for the project, and incorporate this 
     analysis and public comments to this analysis in any final 
     environmental impact statements and record of decisions 
     generated by the project.]
       Sec. 324. Notwithstanding section 904(b) of Public Law 104-
     333, hereafter, the Heritage Area established under section 
     904 of title IX of division II of Public Law 104-333 shall 
     include any portion of a city, town, or village within an 
     area specified in section 904(b)(2) of that Act only to the 
     extent that the government of the city, town, or village, in 
     a resolution of the governing board or council, agrees to be 
     included and submits the resolution to the Secretary of the 
     Interior and the management entities for the Heritage Area 
     and to the extent such resolution is not subsequently revoked 
     in the same manner.
       [Sec. 325. None of the funds appropriated or otherwise made 
     available to the Indian Health Service by this Act may be 
     used to restructure the funding of Indian health care 
     delivery systems to Alaskan Natives.]
       Sec. 325. (a) Notwithstanding any other provision of law, 
     and except as provided in this section, the Aleutian/Pribilof 
     Islands Association, Inc., Bristol Bay Area Health 
     Corporation, Chugachmiut, Copper River Native Association, 
     Kodiak Area Native Area Association, Maniilaq Association, 
     Metlakatla Indian Community, Arctic Slope Native Association, 
     Ltd., Norton Sound Health Corporation, Southcentral 
     Foundation, Southeast Alaska Regional Health Consortium, 
     Tanana Chiefs Conference, Inc., and Yukon-Kuskokwim Health 
     Corporation (hereinafter ``regional health entities''), 
     without further resolutions from the Regional Corporations, 
     Village Corporations, Indian Reorganization Act Councils, 
     tribes and/or villages which they represent are authorized to 
     form a consortium (hereinafter ``the Consortium'') to enter 
     into contracts, compacts, or funding agreements under Public 
     Law 93-638 (25 U.S.C. 450 et seq.), as amended, to provide 
     all statewide health services provided by the Indian Health 
     Service of the U.S. Department of Health and Human Services 
     through the Alaska Native Medical Center and the Alaska Area 
     Office. Each specified ``regional health entity'' shall 
     maintain that status for purposes of participating in the 
     Consortium only so long as it operates a regional health 
     program for the Indian Health Service under Public Law 93-638 
     (25 U.S.C. 450 et seq.), as amended.
       (b) The Consortium shall be governed by a 15 member Board 
     of Directors, which shall be composed of one representative 
     of each regional health entity listed in subsection (a) 
     above, and two additional persons who shall represent Indian 
     tribes, as defined in 25 U.S.C. 450b(e), and sub-regional 
     tribal organizations which operate health programs not 
     affiliated with the regional health entities listed above and 
     Indian tribes not receiving health services from any tribal, 
     regional or sub-regional health provider. Each member of the 
     Board of Directors shall be entitled to cast one vote. 
     Decisions of the Board of Directors shall be made by 
     consensus whenever possible, and by majority vote in the 
     event that no consensus can be reached. The Board of 
     Directors shall establish at its first meeting its rules of 
     procedure, which shall be published and made available to all 
     members.
       (c) The statewide health services (including any programs, 
     functions, services and activities provided as part of such 
     services) of the Alaska Native Medical Center and the Alaska 
     Area Office may only be provided by the Consortium. Statewide 
     health services for purposes of this section shall consist of 
     all programs, functions, services, and activities provided by 
     or through the Alaska Native Medical Center and the Alaska 
     Area Office, not under contract or other funding agreement 
     with any other tribe or tribal organization as of October 1, 
     1997, except as provided in subsection (d) below. All 
     statewide health services provided by the Consortium under 
     this section shall be provided pursuant to contracts or 
     funding agreements entered into by the Consortium under 
     Public Law 93-638 (25 U.S.C. 450 et seq.), as amended, and 
     for such purpose the Consortium shall be deemed to have 
     mature contract status as defined in section 4(h) of the 
     Indian Self-Determination and Education Assistance Act, 25 
     U.S.C. 450b(h).
       (d) Cook Inlet Region, Inc., through Southcentral 
     Foundation (or any successor health care entity designated by 
     Cook Inlet Region, Inc.) pursuant to Public Law 93-638 (25 
     U.S.C. 450 et seq.), as amended, is hereby authorized to 
     enter into contracts or funding agreements under such Public 
     Law for all services, provided at or through the Alaska 
     Native Primary Care Center or other satellite clinics in 
     Anchorage or the Matanuska-Susitna Valley without submission 
     of any further authorizing resolutions from any other Alaska 
     Native Region, village corporation, Indian Reorganization Act 
     council, or tribe, no matter where located. Services provided 
     under this paragraph shall, at a minimum, maintain the level 
     of statewide and Anchorage Service Unit services provided at 
     the Alaska Native Primary Care Center as of October 1, 1997, 
     including necessary related services performed at the Alaska 
     Native Medical Center. In addition, Cook Inlet Region, Inc., 
     through Southcentral Foundation, or any lawfully designated 
     health care entity of Cook Inlet Region, Inc., shall contract 
     or enter into a funding agreement under Public Law 93-638 (25 
     U.S.C. 450 et seq.), as amended, for all primary care 
     services provided by the Alaska Native Medical Center, 
     including, but not limited to, family medicine, primary care 
     internal medicine, pediatrics, obstetrics and gynecology, 
     physical therapy, psychiatry, emergency services, public 
     health nursing, health education, optometry, dentistry, 
     audiology, social services, pharmacy, radiology, laboratory 
     and biomedical, and the administrative support for these 
     programs, functions, services and activities. Cook Inlet 
     Region,

[[Page S9181]]

     Inc., through Southcentral Foundation, or any lawfully 
     designated health care entity of Cook Inlet Region, Inc., may 
     provide additional health care services at the Alaska Native 
     Medical Center if such use and services are provided pursuant 
     to an agreement with the Consortium. All services covered by 
     this subsection shall be provided on a nondiscriminatory 
     basis without regard to residency within the Municipality of 
     Anchorage.
       Sec. 326. (a) Notwithstanding any other provision of law, 
     after September 30, 1997 the Indian Health Service may not 
     disburse funds for the provision of health care services 
     pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.), with 
     any Alaska Native village or Alaska Native village 
     corporation that is located within the area served by an 
     Alaska Native regional health entity.
       (b) Nothing in this section shall be construed to prohibit 
     the disbursal of funds to any Alaska Native village or Alaska 
     Native village corporation under any contract or compact 
     entered into prior to May 1, 1997, or to prohibit the renewal 
     of any such agreement.
       (c) The General Accounting Office shall conduct a study of 
     the impact of contracting and compacting by the Indian Health 
     Service under Public Law 93-638 with Alaska Native villages 
     and Alaska Native village corporations for the provision of 
     health care services on the provision of health care services 
     by Alaska Native regional corporation health care entities. 
     The General Accounting Office shall submit the results of 
     that study to the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House by June 1, 
     1998.
       [Sec. 326. None of the funds made available by this Act may 
     be used for the eviction of any person from real property in 
     Sleeping Bear Dunes National Lakeshore that the person was 
     authorized, on July 10, 1997, to occupy under a lease by the 
     Department of the Interior or a special use permit issued by 
     the Department of the Interior.
       [Sec. 327. None of the funds made available by this Act may 
     be obligated or expended for the Man and Biosphere Program or 
     the World Heritage Program administered by the United Nations 
     Educational, Scientific, and Cultural Organization (UNESCO).]
       Sec. 328. None of the funds made available in this or any 
     other Act for any fiscal year may be used to designate, or to 
     post any sign designating, any portion of Canaveral National 
     Seashore in Brevard County, Florida, as a clothing-optional 
     area or as an area in which public nudity is permitted, if 
     such designation would be contrary to county ordinance.
       Sec. 329. Of the funds provided to the National Endowment 
     for the Arts:
       (a) The Chairperson shall only award a grant to an 
     individual if such grant is awarded to such individual for a 
     literature fellowship, National Heritage Fellowship, or 
     American Jazz Masters Fellowship.
       (b) The Chairperson shall establish procedures to ensure 
     that no funding provided through a grant, except a grant made 
     to a State or local arts agency, or regional group, may be 
     used to make a grant to any other organization or individual 
     to conduct activity independent of the direct grant 
     recipient. Nothing in this subsection shall prohibit payments 
     made in exchange for goods and services.
       (c) No grant shall be used for seasonal support to a group, 
     unless the application is specific to the contents of the 
     season, including identified programs and/or projects.
       Sec. 330. The National Endowment for the Arts and the 
     National Endowment for the Humanities are authorized to 
     solicit, accept, receive, and invest in the name of the 
     United States, gifts, bequests, or devises of money and other 
     property or services and to use such in furtherance of the 
     functions of the National Endowment for the Arts and the 
     National Endowment for the Humanities. Any proceeds from such 
     gifts, bequests, or devises, after acceptance by the National 
     Endowment for the Arts or the National Endowment for the 
     Humanities, shall be paid by the donor or the representative 
     of the donor to the Chairman. The Chairman shall enter the 
     proceeds in a special interest-bearing account to the credit 
     of the appropriate Endowment for the purposes specified in 
     each case.
       Sec. 331. In fiscal years 1998 through 2002, the 
     Secretaries of the Interior and Agriculture may make 
     reciprocal delegations of their respective authorities, 
     duties and responsibilities in support of joint pilot 
     programs to promote customer service and efficiency in the 
     management of public lands and national forests: Provided, 
     That nothing herein shall alter, expand or limit the existing 
     applicability of any public law or regulation to lands 
     administered by the Bureau of Land Management or the United 
     States Forest Service.
       Sec. 332. No part of any appropriation contained in this 
     Act shall be expended or obligated to fund any activities 
     associated with revision of national forest land management 
     plans until the administration publishes new final rules in 
     the Federal Register for forest land management planning 
     activities.
       Sec. 333. No part of any appropriation contained in this 
     Act shall be expended or obligated to fund any activities 
     associated with issuance of the five year program under the 
     Forest and Rangeland Renewable Resources Planning Act.
       Sec. 334. (a) Watershed Restoration and Enhancement 
     Agreements--In General.--For fiscal year 1998 and each year 
     thereafter, appropriations for the Forest Service may be used 
     by the Secretary of Agriculture for the purpose of entering 
     into cooperative agreements with willing state and local 
     governments, private and non-profit entities and landowners 
     for protection, restoration and enhancement of fish and 
     wildlife habitat, and other resources on public or private 
     land or both that benefit these resources within the 
     watershed.
       (b) Direct and Indirect Watershed Agreements.--The 
     Secretary of Agriculture may enter into a watershed 
     restoration and enhancement agreement--
       (1) directly with a willing private landowner; or
       (2) indirectly through an agreement with a state, local or 
     tribal government or other public entity, educational 
     institution, or private non-profit organization.
       (c) Terms and Conditions.--In order for the Secretary to 
     enter into a watershed restoration and enhancement 
     agreement--
       (1) the agreement shall--
       (A) include such terms and conditions mutually agreed to by 
     the Secretary and the landowner;
       (B) improve the viability of and otherwise benefit the 
     fish, wildlife, and other resources on national forests lands 
     within the watershed;
       (C) authorize the provision of technical assistance by the 
     Secretary in the planning of management activities that will 
     further the purposes of the agreement;
       (D) provide for the sharing of costs of implementing the 
     agreement among the Federal government, the landowner(s), and 
     other entities, as mutually agreed on by the affected 
     interests; and
       (E) ensure that any expenditure by the Secretary pursuant 
     to the agreement is determined by the Secretary to be in the 
     public interest; and
       (2) the Secretary may require such other terms and 
     conditions as are necessary to protect the public investment 
     on non-federal lands, provided such terms and conditions are 
     mutually agreed to by the Secretary and other land owners, 
     state and local governments or both.
       Sec. 335. The joint resolution entitled ``Joint Resolution 
     to establish a commission to formulate plans for a memorial 
     to Franklin Delano Roosevelt'', approved August 11, 1955 (69 
     Stat. 694), is amended--
       (a) in the first section by inserting before the last 
     sentence the following: ``The Commission shall submit a final 
     report to the President and Congress prior to termination.'';
       (b) by redesignating section 4 as section 5; and
       (c) by inserting after section 3 the following:


                    ``termination of the commission

       ``Sec. 4. (a) In General.--The Commission shall terminate 
     on the earlier of--
       ``(1) December 31, 1997; or
       ``(2) the date that the Commission reports to the President 
     and the Congress that the Commission's work is complete.
       ``(b) Commission Funds.--
       ``(1) Designation.--Before the termination of the 
     Commission, the Commission shall designate a nonprofit 
     organization to collect, manage, and expend Commission funds 
     after its termination.
       ``(2) Transfer of funds.--Before termination the Commission 
     shall transfer all Commission funds to the entity designated 
     under paragraph (1).
       ``(3) Amounts collected after termination.--The entity 
     designated under paragraph (1) shall have the right to 
     collect any amounts accruing to the Commission after the 
     Commission's termination, including amounts--
       (A) given to the Commission as a gift or bequest; or
       (B) raised from the sale of coins issued under the United 
     States Commemorative Coin Act of 1996 (110 Stat. 4005; 31 
     U.S.C. 5112 note).
       ``(4) Uses of funds.--The Commission may specify uses for 
     any funds made available under this section to the entity 
     designated under paragraph (1), including--
       ``(A) to provide for the support, maintenance, and repair 
     of the Memorial; and
       ``(B) to interpret and educate the public about the 
     Memorial.
       ``(5) Negotiation and contract.--The Commission may 
     negotiate and contract with a nonprofit organization before 
     designating the organization under paragraph (1).''.
       Sec. 336. To facilitate priority land exchanges through 
     which the United States will receive land within the White 
     Salmon Wild and Scenic River boundaries and within the 
     Columbia River Gorge National Scenic Area, the Secretary of 
     Agriculture may hereafter accept title to such lands deemed 
     appropriate by the Secretary within the States of Oregon and 
     Washington, regardless of the State in which the transferred 
     lands are located, following existing exchange authorities.
       Sec. 337. The boundary of the Wenatchee National Forest in 
     Chelan County, Washington, is hereby adjusted to exclude 
     section 1 of Township 23 North, Range 19 East, Willamette 
     Meridian.
       Sec. 338. None of the funds provided in this Act can be 
     used for any activities associated with the Center of 
     Excellence for Sustainable Development unless a budget 
     request has been submitted and approved by the Committees on 
     Appropriations of the House of Representatives and the United 
     States Senate.
       Sec. 339. (a) No funds provided in this or any other act 
     may be expended to develop a rulemaking proposal to amend or 
     replace the Bureau of Land Management regulations found at 43 
     C.F.R. 3809 or to prepare a draft environmental impact 
     statement on any such proposal, until the Secretary of the 
     Interior establishes a Committee which shall prepare and 
     submit a report in accordance with this section.
       (b) The Committee shall be composed of appropriate 
     representatives from the Department of the Interior and a 
     representative appointed by the Governor from each State that 
     contains public lands open to location under the General 
     Mining Laws. The Committee shall be established and operated 
     pursuant to the terms of the Federal Advisory Committee Act, 
     5 U.S.C. ap 2 1 et seq.
       (c) The Committee established pursuant to subsection (b) 
     shall prepare and submit a report

[[Page S9182]]

     to the Committees on Energy and Natural Resources and 
     Appropriations of the United States Senate and the Committees 
     on Resources and Appropriations of the United States House of 
     Representatives which (1) contains consensus recommendations 
     on the appropriate relationship of States and Federal land 
     management agencies in environmental, land management and 
     regulation of activities subject to the Bureau's regulations 
     at 43 C.F.R. 3809, (2) identifies current and proposed State 
     environmental, land management and reclamation laws, 
     regulations, performance standards and policies applicable to 
     such activities, including those State laws and regulations 
     which have been adopted to achieve primacy in the 
     administration of federally mandated efforts; (3) explains 
     how these current State laws, regulations, performance 
     standards and policies are coordinated with Federal surface 
     management efforts; and (4) contains consensus 
     recommendations for how Federal and State coordination can be 
     maximized in the future to ensure environmental protection 
     and minimize regulatory duplication, conflict and burdens.
       Sec. 340. (a) The Secretary of Agriculture shall convey to 
     Skamania County, Washington, all right, title, and interest 
     of the United States in and to a parcel of unused real 
     property known as the Wind River Nursery site, Gifford 
     Pinchot National Forest, Washington. (See U.S. Department of 
     Interior Geological Survey modified for USDA Forest Service 
     map, Stabler Quadrangle, Washington, Skamania County, 7.5 
     minutes series, topographic, Provisional Edition 1983). The 
     conveyance under this subsection shall include all 
     improvements to the parcel, including all infrastructure, 
     water rights, easements, and personal property.
       (b) As consideration for the conveyance under subsection 
     (b), Skamania County shall convey to the United States all 
     right, title, and interest of the county in a parcel of 
     approximately 120 acres of high biodiversity, special 
     management area land located within the Columbia River Gorge 
     National Scenic Area.
       (c) The exact acreage and legal description of the real 
     property to be exchanged by Skamania County under this 
     section shall be determined by a survey. The cost of any such 
     survey shall be borne by Skamania County.
       (d) The conveyances made pursuant to this section shall be 
     subject to existing valid rights.
       (e) Section 120(h) of the Comprehensive Environmental 
     Response, Compensation, Liability Act of 1980 (42 U.S.C. 
     9620(h)) shall apply to the conveyance required under 
     subsection (b).
       (f) The Secretary may require such additional terms and 
     conditions in connection with the conveyance under subsection 
     (a) as the Secretary considers appropriate to protect the 
     interests of the United States consistent with existing law.
       Sec. 341. (a) Local Exemptions From Forest Service User 
     Fees Due to Less Than Full Funding of Payments in Lieu of 
     Taxes.--Section 6906 of title 31, United States Code, is 
     amended--
       (1) by inserting ``(a) In General.--'' before 
     ``Necessary''; and
       (2) by adding at the end the following:
       ``(b) Local Exemptions From User Fees Due to Insufficient 
     Appropriations.--
       ``(1) In general.--Unless sufficient funds are appropriated 
     for a fiscal year to provide full payments under this chapter 
     to each unit of general local government eligible for the 
     payments, persons residing within the boundaries of that unit 
     of general local government shall be exempt during that 
     fiscal year from any requirement to pay a recreational user 
     fee imposed by the Secretary of Agriculture for access to the 
     White Mountain National Forest that lies, in whole or in 
     part, within those boundaries.
       ``(2) Administration.--The Secretary of Agriculture shall 
     establish a method of identifying persons who are exempt from 
     requirements to pay user fees under paragraph (1).''.
       Sec. 342. None of the funds in this or any other Act shall 
     be expended by the Department of the Interior, the Forest 
     Service or any other Federal agency, for the introduction of 
     the grizzly bear population in the Selway-Bitteroot area of 
     Idaho and adjacent Montana, or for consultations under 
     section 7(b)(2) of the Endangered Species Act for Federal 
     actions affecting grizzly bear within the Selway-Bitteroot 
     area of Idaho, except that, funds may be used by the 
     Department of the Interior or the Forest Service, or any 
     other Federal agency for the purposes of receiving public 
     comment on the draft Environmental Impact Statement dated 
     July 1997, and for conducting a habitat-based population 
     viability analysis.

                 [TITLE IV--DEFICIT REDUCTION LOCK-BOX

     [SEC. 401. SHORT TITLE.

       [This title may be cited as the ``Deficit Reduction Lock-
     box Act of 1997''.

     [SEC. 402. DEFICIT REDUCTION LOCK-BOX LEDGER.

       [(a) Establishment of Ledger.--Title III of the 
     Congressional Budget Act of 1974 is amended by adding at the 
     end the following new section:


                  [``deficit reduction lock-box ledger

       [``Sec. 314. (a) Establishment of Ledger.--The Director of 
     the Congressional Budget Office (hereinafter in this section 
     referred to as the `Director') shall maintain a ledger to be 
     known as the `Deficit Reduction Lock-box Ledger'. The Ledger 
     shall be divided into entries corresponding to the 
     subcommittees of the Committees on Appropriations. Each entry 
     shall consist of three parts: the `House Lock-box Balance'; 
     the `Senate Lock-box Balance'; and the `Joint House-Senate 
     Lock-box Balance'.
       [``(b) Components of Ledger.--Each component in an entry 
     shall consist only of amounts credited to it under subsection 
     (c). No entry of a negative amount shall be made.
       [``(c) Credit of Amounts to Ledger.--(1) The Director 
     shall, upon the engrossment of any appropriation bill by the 
     House of Representatives and upon the engrossment of that 
     bill by the Senate, credit to the applicable entry balance of 
     that House amounts of new budget authority and outlays equal 
     to the net amounts of reductions in new budget authority and 
     in outlays resulting from amendments agreed to by that House 
     to that bill.
       [``(2) The Director shall, upon the engrossment of Senate 
     amendments to any appropriation bill, credit to the 
     applicable Joint House-Senate Lock-box Balance the amounts of 
     new budget authority and outlays equal to--
       [``(A) an amount equal to one-half of the sum of (i) the 
     amount of new budget authority in the House Lock-box Balance 
     plus (ii) the amount of new budget authority in the Senate 
     Lock-box Balance for that bill; and
       [``(B) an amount equal to one-half of the sum of (i) the 
     amount of outlays in the House Lock-box Balance plus (ii) the 
     amount of outlays in the Senate Lock-box Balance for that 
     bill.
       [``(3) Calculation of Lock-Box Savings in Senate.--For 
     purposes of calculating under this section the net amounts of 
     reductions in new budget authority and in outlays resulting 
     from amendments agreed to by the Senate on an appropriation 
     bill, the amendments reported to the Senate by its Committee 
     on Appropriations shall be considered to be part of the 
     original text of the bill.
       [``(d) Definition.--As used in this section, the term 
     `appropriation bill' means any general or special 
     appropriation bill, and any bill or joint resolution making 
     supplemental, deficiency, or continuing appropriations 
     through the end of a fiscal year.''.
       [(b) Conforming Amendment.--The table of contents set forth 
     in section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by inserting after the item 
     relating to section 313 the following new item:

[``Sec. 314. Deficit reduction lock-box ledger.''.

     [SEC. 403. TALLY DURING HOUSE CONSIDERATION.

     [There shall be available to Members in the House of 
     Representatives during consideration of any appropriations 
     bill by the House a running tally of the amendments adopted 
     reflecting increases and decreases of budget authority in the 
     bill as reported.

     [SEC. 404. DOWNWARD ADJUSTMENT OF 602(A) ALLOCATIONS AND 
                   SECTION 602(B) SUBALLOCATIONS.

       [(a) Allocations.--Section 602(a) of the Congressional 
     Budget Act of 1974 is amended by adding at the end the 
     following new paragraph:
       [``(5) Upon the engrossment of Senate amendments to any 
     appropriation bill (as defined in section 314(d)) for a 
     fiscal year, the amounts allocated under paragraph (1) or (2) 
     to the Committee on Appropriations of each House upon the 
     adoption of the most recent concurrent resolution on the 
     budget for that fiscal year shall be adjusted downward by the 
     amounts credited to the applicable Joint House-Senate Lock-
     box Balance under section 314(c)(2). The revised levels of 
     budget authority and outlays shall be submitted to each House 
     by the chairman of the Committee on the Budget of that House 
     and shall be printed in the Congressional Record.''.
       [(b) Suballocations.--Section 602(b)(1) of the 
     Congressional Budget Act of 1974 is amended by adding at the 
     end the following new sentence: ``Whenever an adjustment is 
     made under subsection (a)(5) to an allocation under that 
     subsection, the chairman of the Committee on Appropriations 
     of each House shall make downward adjustments in the most 
     recent suballocations of new budget authority and outlays 
     under subparagraph (A) to the appropriate subcommittees of 
     that committee in the total amounts of those adjustments 
     under section 314(c)(2). The revised suballocations shall be 
     submitted to each House by the chairman of the Committee on 
     Appropriations of that House and shall be printed in the 
     Congressional Record.''.

     [SEC. 405. PERIODIC REPORTING OF LEDGER STATEMENTS.

       [Section 308(b)(1) of the Congressional Budget Act of 1974 
     is amended by adding at the end the following new sentence: 
     ``Such reports shall also include an up-to-date tabulation of 
     the amounts contained in the ledger and each entry 
     established by section 314(a).''.

     [SEC. 406. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING 
                   LIMITS.

       [The discretionary spending limits for new budget authority 
     and outlays for any fiscal year set forth in section 
     601(a)(2) of the Congressional Budget Act of 1974, as 
     adjusted in strict conformance with section 251 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     shall be reduced by the amounts set forth in the final 
     regular appropriation bill for that fiscal year or joint 
     resolution making continuing appropriations through the end 
     of that fiscal year. Those amounts shall be the sums of the 
     Joint House-Senate Lock-box Balances for that fiscal year, as 
     calculated under section 602(a)(5) of the Congressional 
     Budget Act of 1974. That bill or joint resolution shall 
     contain the following statement of law: ``As required by 
     section 406 of the Deficit Reduction Lock-box Act of 1997, 
     for fiscal year [nsert appropriate fiscal year] and each 
     outyear, the adjusted discretionary spending limit for new 
     budget

[[Page S9183]]

     authority shall be reduced by $ [insert appropriate amount of 
     reduction] and the adjusted discretionary limit for outlays 
     shall be reduced by $ [insert appropriate amount of 
     reduction] for the budget year and each outyear.''. 
     Notwithstanding section 904(c) of the Congressional Budget 
     Act of 1974, section 306 of that Act as it applies to this 
     statement shall be waived. This adjustment shall be reflected 
     in reports under sections 254(g) and 254(h) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.

     [SEC. 407. EFFECTIVE DATE.

       [(a) In General.--This title shall apply to all 
     appropriation bills making appropriations for fiscal year 
     1998 or any subsequent fiscal year.
       [(b) Definition.--As used in this section, the term 
     ``appropriation bill'' means any general or special 
     appropriation bill, and any bill or joint resolution making 
     supplemental, deficiency, or continuing appropriations 
     through the end of a fiscal year.]

           TITLE V--PRIORITY LAND ACQUISITIONS AND EXCHANGES

       For priority land acquisitions and land exchange agreements 
     to be conducted by the Bureau of Land Management, the U.S. 
     Fish and Wildlife Service, the National Park Service and the 
     U.S. Forest Service, $700,000,000, to be derived from the 
     Land and Water Conservation Fund, to remain available until 
     September 30, 2001, of which not to exceed $65,000,000 may be 
     available for the acquisition of identified lands and 
     interests in lands to carry out the Agreement of August 12, 
     1996, to acquire interests to protect and preserve 
     Yellowstone National Park, of which not to exceed 
     $250,000,000 may be available for the acquisition of 
     identified lands and interest in lands, at the purchase price 
     specified, in the September 28, 1996, Headwaters Forest 
     Agreement, and of which $100,000,000 shall be available for 
     financial assistance to States pursuant to section 6 of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4-11): Provided, That the Secretary of the 
     Interior, after consultation with the Secretary of 
     Agriculture and with the House Committee on Appropriations 
     and the Senate Committee on Appropriations, shall submit to 
     the Committees a list of Federal acquisitions and exchanges 
     proposed to be conducted with the funds provided under this 
     heading: Provided further, That none of the funds 
     appropriated under this heading shall be available until the 
     House Committee on Appropriations and the Senate Committee on 
     Appropriations approve, in writing, a project list to be 
     submitted by the Secretary: Provided further, That none of 
     the funds appropriated under this heading shall be available 
     for the acquisition of lands and interests in lands to carry 
     out the Agreement of August 12, 1996, to acquire interests to 
     protect and preserve Yellowstone National Park, or for the 
     acquisition of lands and interest in lands identified in the 
     September 28, 1996, Headwaters Forest Agreement until 
     enactment of legislation specifically authorizing such 
     expenditure: Provided further, That any funds made available 
     for the purpose of acquisition of the Elwha and Glines dams 
     shall be used solely for acquisition, and shall not be 
     expended until the full purchase amount has been appropriated 
     by the Congress: Provided further, That of the funds provided 
     herein, $8,500,000 is available for acquisition of the 
     Sterling Forest: Provided further, That the National Park 
     Service may use not to exceed $2,500,000 annually of the 
     amounts provided herein for the state assistance program to 
     administer the state assistance program.

      TITLE VI--FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF

       Section 1. Short Title.--This Act may be cited as the 
     ``Forest Resources Conservation and Shortage Relief Act of 
     1997''.
       Sec. 2. (a) Use of Unprocessed Timber--Limitation on 
     Substitution of Unprocessed Federal Timber for Unprocessed 
     Timber From Private Land.--Section 490 of the Forest 
     Resources Conservation and Shortage Relief Act of 1990 (16 
     U.S.C. 620b) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``paragraph (3) and'' 
     after ``provided in''; and
       (B) by adding at the end the following:
       ``(3) Applicability.--In the case of the purchase by a 
     person of unprocessed timber originating from Federal lands 
     west of the 119th meridian in the State of Washington, this 
     paragraph shall apply only if--
       ``(A) the private lands referred to in paragraph (1) are 
     owned by the person; or
       ``(B) the person has the exclusive right to harvest timber 
     from the private lands described in paragraph (1) during a 
     period of more than 7 years, and may exercise that right at 
     any time of the person's choosing.'';
       (2) in subsection (c)--
       (A) in the subsection heading, by striking ``Approval of'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by inserting ``for sourcing 
     areas for processing facilities located outside the 
     northwestern private timber open market area''; after 
     ``Application''; and
       (ii) in subparagraph (A), by inserting ``(except private 
     land located in the northwestern private timber open market 
     area)'' after ``lands'';
       (C) in paragraph (3)--
       (i) in the paragraph heading, by inserting ``for sourcing 
     areas for processing facilities located outside of the 
     northwestern private timber open market area.--(A) In 
     general''; after ``approval''; and
       (ii) by striking the last sentence of paragraph (3) and 
     adding at the end the following:
       ``(B) For timber manufacturing facilities located in 
     idaho.--Except as provided in subparagraph (D), in making a 
     determination referred to in subparagraph (A), the Secretary 
     concerned shall consider the private timber export and the 
     private and Federal timber sourcing patterns for the 
     applicant's timber manufacturing facilities, as well as the 
     private and Federal timber sourcing patterns for the timber 
     manufacturing facilities of other persons in the same local 
     vicinity of the applicant, and the relative similarity of 
     such private and Federal timber sourcing patterns.
       ``(C) For timber manufacturing facilities located in states 
     other than idaho.--Except as provided in subparagraph (D), in 
     making the determination referred to in subparagraph (A), the 
     Secretary concerned shall consider the private timber export 
     and the Federal timber sourcing patterns for the applicant's 
     timber manufacturing facilities, as well as the Federal 
     timber sourcing patterns for the timber manufacturing 
     facilities of other persons in the same local vicinity of the 
     applicant, and the relative similarity of such Federal timber 
     sourcing patterns. Private timber sourcing patterns shall not 
     be a factor in such determinations in States other than 
     Idaho.
       ``(D) Area not included.--In deciding whether to approve or 
     disapprove an application, the Secretary shall not--
       ``(i) consider land located in the northwestern private 
     timber open market area; or
       ``(ii) condition approval of the application on the 
     inclusion of any such land in the applicant's sourcing area, 
     such land being includable in the sourcing area only to the 
     extent requested by the applicant.'';
       (D) in paragraph (4), in the paragraph heading, by 
     inserting ``for sourcing areas for processing facilities 
     located outside the northwestern private timber open market 
     area''; after ``application'';
       (E) in paragraph (5), in the paragraph heading, by 
     inserting ``for sourcing areas for processing facilities 
     located outside the northwestern private timber open market 
     area''; after ``Determinations''; and
       (F) by adding at the end the following:
       ``(6) Sourcing areas for processing facilities located in 
     the northwestern private timber open market area--
       ``(A) Establishment.-- In the northwestern private timber 
     open market area--
       ``(i) a sourcing area boundary shall be a circle around the 
     processing facility of the sourcing area applicant or holder;
       ``(ii) the radius of the circle--

       ``(I) shall be the furthest distance that the sourcing area 
     applicant or holder proposes to haul Federal timber for 
     processing at the processing facility; and
       ``(II) shall be determined solely by the sourcing area 
     applicant or holder;

       ``(iii) a sourcing area shall become effective on written 
     notice to the Regional Forester for Region 6 of the Forest 
     Service of the location of the boundary of the sourcing area;
       ``(iv) the 24-month requirement in paragraph (1)(A) shall 
     not apply;
       ``(v) a sourcing area holder--

       ``(I) may adjust the radius of the sourcing area not more 
     frequently than once every 24 months; and
       ``(II) shall provide written notice to the Regional 
     Forester for Region 6 of the adjusted boundary of its 
     sourcing area before using the adjusted sourcing area; and

       ``(vi) a sourcing area holder that relinquishes a sourcing 
     area may not reestablish a sourcing area for that processing 
     facility before the date that is 24 months after the date on 
     which the sourcing area was relinquished.
       ``(B) Transition.--With respect to a portion of a sourcing 
     area established before the date of enactment of this 
     paragraph that contains Federal timber under contract before 
     that date and is outside the boundary of a new sourcing area 
     established under subparagraph (A)--
       ``(i) that portion shall continue to be a sourcing area 
     only until unprocessed Federal timber from the portion is no 
     longer in the possession of the sourcing area holder; and
       ``(ii) unprocessed timber from private land in that portion 
     shall be exportable immediately after unprocessed timber from 
     Federal land in the portion is no longer in the possession of 
     the sourcing area holder.
       ``(7) Relinquishment and termination of sourcing areas.--
       ``(A) In general.--A sourcing area may be relinquished at 
     any time.
       ``(B) Effective date.--A relinquishment of a sourcing area 
     shall be effective as of the date on which written notice is 
     provided by the sourcing area holder to the Regional Forester 
     with jurisdiction over the sourcing area where the processing 
     facility of the holder is located.
       ``(C) Exportability.--
       ``(i) In general.--On relinquishment or termination of a 
     sourcing area, unprocessed timber from private land within 
     the former boundary of the relinquished or terminated 
     sourcing area is exportable immediately after unprocessed 
     timber from Federal land from within that area is no longer 
     in the possession of the former sourcing area holder.
       ``(ii) No restriction.--The exportability of unprocessed 
     timber from private land located outside of a sourcing area 
     shall not be restricted or in any way affected by 
     relinquishment or termination of a sourcing area.''; and
       (3) by adding at the end the following:
       ``(d) Domestic Transportation and Processing of Private 
     Timber.--Nothing in this section restricts or authorizes any 
     restriction on the domestic transportation or processing of 
     timber harvested from private land, except that the Secretary 
     may prohibit processing facilities located in the State of 
     Idaho that have sourcing areas from processing timber 
     harvested from private land outside of the boundaries of 
     those sourcing areas.''.
       (b) Restriction on Exports of Unprocessed Timber from State 
     and Public Land.--Section 491(b)(2) of the Forest Resources 
     Conservation and Shortage Relief Act of 1990 (16 U.S.C. 
     620c(b)(2)) is amended--

[[Page S9184]]

       (1) by striking ``the following'' and all that follows 
     through ``(A) The Secretary'' and inserting ``the 
     Secretary'';
       (2) by striking ``during the period beginning on June 1, 
     1993, and ending on December 31, 1995'' and inserting ``as of 
     the date of enactment of the Forest Resources Conservation 
     and Shortage Relief Act of 1997''; and
       (3) by striking subparagraph (B).
       Sec. 3. Monitoring and Enforcement.--Section 492 of the 
     Forest Resources Conservation and Shortage Relief Act of 1990 
     (16 U.S.C. 620d) is amended--
       (1) in subsection (c)(2), by adding at the end the 
     following:
       ``(C) Mitigation of penalties.--
       ``(i) In general.--The Secretary concerned--

       ``(I) in determining the applicability of any penalty 
     imposed under this paragraph, shall take into account all 
     relevant mitigating factors, including mistake, inadvertence, 
     and error; and
       ``(II) based on any mitigating factor, may, with respect to 
     any penalty imposed under this paragraph--

       ``(aa) reduce the penalty;
       ``(bb) not impose the penalty; or
       ``(cc) on condition of there being no further violation 
     under this paragraph for a prescribed period, suspend 
     imposition of the penalty.
       ``(ii) Contractual remedies.--In the case of a minor 
     violation of this title (including a regulation), the 
     Secretary concerned shall, to the maximum extent practicable, 
     permit a contracting officer to redress the violation in 
     accordance with the applicable timber sale contract rather 
     than assess a penalty under this paragraph.''; and
       (2) in subsection (d)(1)--
       (A) by striking ``The head'' and inserting the following:
       ``(A) In general.--Subject to subparagraph (B), the head''; 
     and
       (B) by adding at the end the following:
       ``(B) Prerequisites for debarment.--
       ``(i) In general.--No person may be debarred from bidding 
     for or entering into a contract for the purchase of 
     unprocessed timber from Federal lands under subparagraph (A) 
     unless the head of the appropriate Federal department or 
     agency first finds, on the record and after an opportunity 
     for a hearing, that debarment is warranted.
       ``(ii) Withholding of awards during debarment 
     proceedings.--The head of an appropriate Federal department 
     or agency may withhold an award under this title of a 
     contract for the purchase of unprocessed timber from Federal 
     lands during a debarment proceeding.''.
       Sec. 4. Definitions.--Section 493 of the Forest Resources 
     Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620e) 
     is amended--
       (1) by redesignating paragraphs (3) through (8) as 
     paragraphs (5) through (10), respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) Minor violation.--The term `minor violation' means a 
     violation, other than an intentional violation, involving a 
     single contract, purchase order, processing facility, or log 
     yard involving a quantity of logs that is less than 25 logs 
     and has a total value (at the time of the violation) of less 
     than $10,000.
       ``(4) Northwestern private timber open market area.--The 
     term `northwestern private timber open market area' means the 
     State of Washington.'';
       (3) in subparagraph (B)(ix) of paragraph (9) (as 
     redesignated by paragraph (1))--
       (A) by striking ``Pulp logs or cull logs'' and inserting 
     ``Pulp logs, cull logs, and incidental volumes of grade 3 and 
     4 sawlogs'';
       (B) by inserting ``primary'' before ``purpose''; and
       (C) by striking the period at the end and inserting: ``, or 
     to the extent that a small quantity of such logs are 
     processed, into other products at domestic processing 
     facilities.''; and
       (4) by adding at the end the following:
       ``(11) Violation.--The term `violation' means a violation 
     of this Act (including a regulation issued to implement this 
     Act) with regard to a course of action, including--
       ``(A) in the case of a violation by the original purchaser 
     of unprocessed timber, an act or omission with respect to a 
     single timber sale; and
       ``(B) in the case of a violation by a subsequent purchaser 
     of the timber, an act or omission with respect to an 
     operation at a particular processing facility or log yard.''.
       Sec. 5. Regulations.--Section 495(a) of the Forest 
     Resources Conservation and Shortage Relief Act of 1990 (16 
     U.S.C. 620f(a)) is amended--
       (1) by striking ``The Secretaries'' and inserting the 
     following:
       ``(1) Agriculture and interior.--The Secretaries'';
       (2) by striking ``The Secretary of Commerce'' and inserting 
     the following:
       ``(2) Commerce.--The Secretary of Commerce''; and
       (3) by striking the last sentence and inserting the 
     following:
       ``(3) Deadline.--
       ``(A) In general.--Except as otherwise provided in this 
     title, regulations and guidelines required under this 
     subsection shall be issued not later than June 1, 1998.
       ``(B) Interim regulations and guidelines.--The regulations 
     and guidelines issued under this title that were in effect on 
     the date of enactment of this paragraph shall remain in 
     effect until new regulations and guidelines are issued under 
     subparagraph (A).
       ``(4) Painting and branding.--
       ``(A) In general.--The Secretary concerned shall issue 
     regulations that impose reasonable painting, branding, or 
     other forms of marking or tracking requirements on 
     unprocessed timber if--
       ``(i) the benefits of the requirements outweigh the cost of 
     complying with the requirements; and
       ``(ii) the Secretary determines that, without the 
     requirements, it is likely that the unprocessed timber--

       ``(I) would be exported in violation of this title; or
       ``(II) if the unprocessed timber originated from Federal 
     lands, would be substituted for unprocessed timber 
     originating from private lands west of the 100th Meridian in 
     the contiguous 48 States in violation of this title.

       ``(B) Minimum size.--The Secretary concerned shall not 
     impose painting, branding, or other forms of marking or 
     tracking requirements on--
       ``(i) the face of a log that is less than 7 inches in 
     diameter; or
       ``(ii) unprocessed timber that is less than 8 feet in 
     length or less than \1/3\ sound wood.
       ``(C) Waivers.--
       ``(i) In general.--The Secretary concerned may waive log 
     painting and branding requirements--

       ``(I) for a geographic area, if the Secretary determines 
     that the risk of the unprocessed timber being exported from 
     the area or used in substitution is low;
       ``(II) with respect to unprocessed timber originating from 
     private lands located within an approved sourcing area for a 
     person who certifies that the timber will be processed at a 
     specific domestic processing facility to the extent that the 
     processing does occur; or
       ``(III) as part of a log yard agreement that is consistent 
     with the purposes of the export and substitution restrictions 
     imposed under this title.

       ``(ii) Review and termination of waivers.--A waiver granted 
     under clause (i)--

       ``(I) shall, to the maximum extent practicable, be reviewed 
     once a year; and
       ``(II) shall remain effective until terminated by the 
     Secretary.

       ``(D) Factors.--In making a determination under this 
     paragraph, the Secretary concerned shall consider--
       ``(i) the risk of unprocessed timber of that species, 
     grade, and size being exported or used in substitution;
       ``(ii) the location of the unprocessed timber and the 
     effect of the location on its being exported or used in 
     substitution;
       ``(iii) the history of the person involved with respect to 
     compliance with log painting and branding requirements; and
       ``(iv) any other factor that is relevant to determining the 
     likelihood of the unprocessed timber being exported or used 
     in substitution.
       ``(5) Reporting.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary concerned shall issue regulations that impose 
     reasonable documentation and reporting requirements if the 
     benefits of the requirements outweigh the cost of complying 
     with the requirements.
       ``(B) Waivers.--
       ``(i) In general.--The Secretary concerned may waive 
     documentation and reporting requirements for a person if--

       ``(I) an audit of the records of the facility of the person 
     reveals substantial compliance with all notice, reporting, 
     painting, and branding requirements during the preceding 
     year; or
       ``(II) the person transferring the unprocessed timber and 
     the person processing the unprocessed timber enter into an 
     advance agreement with the Secretary concerned regarding the 
     disposition of the unprocessed timber by domestic processing.

       ``(ii) Review and termination of waivers.--A waiver granted 
     under clause (i)--

       ``(I) shall, to the maximum extent practicable, be reviewed 
     once a year; and
       ``(II) shall remain effective until terminated by the 
     Secretary.''.

       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 1998''.


                        Privileges of the Floor

  Mr. GORTON. Mr. President, I ask unanimous consent that Bruce Evans, 
Ginny James, Anne McInerney, Hank Kashdan, and Martin Delgado of the 
committee staff be granted floor privileges for the duration of the 
debate on the Interior appropriations bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GORTON. Mr. President, before I begin my opening statement on 
this bill, I ask unanimous consent that the Senator from Nevada [Mr. 
Bryan] be heard in order to introduce a bill and briefly to discuss it.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER. The Senator from Nevada is recognized.
  Mr. BRYAN. I thank the Chair.
  (The remarks of Mr. Bryan pertaining to the introduction of S. 1163 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. GORTON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Washington is recognized.
  Mr. GORTON. Mr. President, I am pleased, together with my colleague 
from West Virginia, Senator Byrd, to bring before the Senate the fiscal 
year 1998 Interior and related agencies appropriations bill.
  This bill provides $13.755 billion in net budget authority for the 
agencies and programs under the jurisdiction of the Interior 
subcommittee--a reduction of $46 million from the administration's 
amended budget request. In spite

[[Page S9185]]

of this reduction, I believe that this bill protects the high 
priorities of the administration, while also reflecting the priorities 
of this body.
  The Interior bill, Mr. President, is a fascinating mix of 91 
appropriations accounts covering more than 40 individual bureaus in 
four different Cabinet Departments and numerous independent agencies.
  When I first became chairman of the subcommittee, I asked the staff 
to break down the bill into its major components so that I could 
understand better the competing demands within the bill. What we came 
up with was this chart behind me, Mr. President.
  The chart breaks this bill into six functional categories--land 
management programs, Indian programs, science and minerals programs, 
energy programs, cultural programs, and the operation of the Interior 
Department office itself.
  Though many of the individual programs within these categories are 
small in simple dollar terms, most of them have direct and tangible 
impacts on the lives of average Americans. As such, they tend to have 
vocal constituencies.
  You will see, Mr. President, that within each of these six major 
functions, we have shown some of the breakdowns. The largest amount of 
money goes into land management programs. Those programs, in turn, fall 
into two separate departments. As the Forest Service, the largest 
single one of these programs, is within the Department of Agriculture, 
the others are within the Department of the Interior. They are in green 
on the left side of this chart. The second largest, by all odds, of the 
elements that are in this bill are Indian programs, primarily the 
Indian Health Service, and the general programs of the Bureau of Indian 
Affairs. Smaller amounts fall within the science and minerals programs. 
The most significant there is the United States Geological Survey. 
Energy programs within the purview of that Department include fossil 
energy research and development and energy conservation research and 
development.

  Finally, the cultural programs which may well occupy more of the 
passionate debate time on this floor than any of the others, include 
museums and the two national endowments.
  Finally, the very small graph line on the right is for the operation 
of the Department of Interior itself. An indication of how vocal the 
constituencies for this bill are is the fact that we on the 
subcommittee received more than 1,800 individual requests from 
Senators. Mr. President, 100 Senators and 1,800 requests for items in 
the Interior bill, the vast majority of which were for additions to the 
President's budget request. Within a subcommittee allocation that is 
actually somewhat smaller than the President's request, it has 
obviously been impossible to satisfy more than a fraction of these 
requests while still pressuring the ongoing base programs of the 
individual agencies shown in that chart.
  So the task of putting together the fiscal year 1998 bill was 
complicated by the completion of the balanced budget agreement.
  First, I need to report something that I have said frequently on the 
floor that I am a strong supporter of that agreement, from the very 
beginning of negotiations through the deliberations of the Budget 
Committee, through its final passage and implementation. I also 
recognize that the agreement makes available more discretionary 
spending for the Interior bill than I think we would have had in its 
absence.
  That said, the agreement explicitly provided that four programs in 
the Interior bill be funded at the request level that the President 
made for the budget: The operation of the National Park System, the 
Park Service land acquisition program and State assistance, the 
restoration of the Everglades, and tribal priority allocations within 
the Bureau of Indian Affairs.
  In the absence of a budget agreement I would only be honest to say I 
would not have recommended that all of these programs be funded at the 
budget request level. Personally, I believe there are other programs 
covered by the bill that are of at least that degree of priority or of 
a higher priority. Even so, the bill before you does fund these 
programs at levels consistent with the budget agreement. Having reached 
the agreement, having voted for the agreement in principle, Mr. 
President, it seems appropriate to me that we keep the promises that 
were included within it. I intend to do so to the best of my ability. 
Nevertheless, the effect of protecting these programs is that there was 
less funding available for other agencies and activities funded in the 
bill.
  The budget agreement also created a $700 million reserve fund for 
priority land acquisitions. That amount has been included in the bill 
and is in addition to the $242 million provided for specific land 
acquisition projects in the regular acquisition accounts.
  The budget agreement made no provision for the carrying costs of the 
lands to be acquired with the $700 million, nor for the payments in 
lieu of taxes that likely must be paid on these lands. While I believe 
that the $700 million might better be spent reducing the huge 
maintenance backlogs that already exist on Federal lands, essentially 
taking care of what we already have, my strong support for the budget 
agreement compelled me to include the $700 million in this bill. The 
House did not do so. Knowing how strongly Chairman Regula feels about 
this issue, I anticipate our discussion in conference on the subject 
will be a lively one, to say the least.
  Of the $700 million provided for land acquisition in title V, $250 
million is set aside for the acquisition of the Headwaters Forest in 
California and $65 million is set aside for the acquisition of the New 
World Mine in Montana. Both of these appropriations remain subject to 
enactment of specific authorizing legislation. I have included the 
authorizing clause due to the magnitude of these two acquisitions, the 
complex structure of the acquisition agreement, and the fact that the 
agreements themselves were struck with very little congressional 
oversight or involvement. The Senator from Alaska [Mr. Murkowski], 
among others, has expressed to me a number of serious concerns and 
questions about each of these acquisitions. As chairman of the relevant 
authorizing committee, it is appropriate that he be given the 
opportunity to have his questions answered by the administration. I am 
confident he will work in good faith to draft appropriate authorizing 
legislation, and I understand that he intends to hold a hearing on this 
issue in the near future.
  The administration and many Members on the other side of the aisle 
wish to avoid the authorizing process entirely. The House of 
Representatives, on the other hand, made no such appropriation at all.
  It seems to me where we stand in this bill for the purposes of 
debating this bill here in the Senate, we are at the right stage. We 
should appropriate the $700 million. We should allow the authorizing 
committee to do its work on these two expensive, complicated, and 
vitally important acquisitions.
  Of the $700 million, an additional $100 million is provided 
specifically for the ``stateside'' grant program. As some of my 
colleagues may be aware, this is a program that was essentially 
terminated by the Appropriations Committee in the fiscal year 1996 
bill. The Interior subcommittee's allocation was cut sharply that year 
and it was simply not possible to continue the stateside program while 
protecting the core Federal programs included in the bill. Furthermore, 
I suspect that continued funding constraints and the growing cost of 
maintaining Federal land and facilities make it unlikely that the 
stateside program will be resurrected in the context of any annual 
appropriations bill in the near future.
  I hope this one-time appropriation of $100 million, to be allocated 
over a 4-year period, will enable the authorizing committee to identify 
a permanent funding source for that stateside program.
  The remaining $285 million provided in title V of the bill is for 
Federal acquisition projects. The specific acquisition projects to be 
funded would be determined through discussions between Congress and the 
administration but no funds would be available until the project list 
is approved by the House and Senate Appropriations Committees. This 
process will enable us to target these funds for acquisitions that 
protect the most critically threatened resources and that reduce the 
cost of

[[Page S9186]]

lands management by eliminating problematic inholdings. I do not intend 
to use these funds to create new parks, forests or refuges.
  Now, for the land management agencies themselves, the bill includes a 
number of positive features. For the National Park Service, the bill 
fully funds the administration's budget request for operation of the 
National Park System. This results in a 1 percent across-the-board 
funding increase for all park units. In addition, the bill includes a 
$24.8 million increase for special needs parks, an increase of $8.1 
million over the budget request. These funds will be used to staff new 
parks, address critical operating shortfalls at park units with high 
visitation and protect threatened park resources.

  For the Fish and Wildlife Service, the bill includes an increase of 
$33.2 million over the fiscal year 1997 level for the operation and 
maintenance of our Nation's fish and wildlife refuges. This amounts to 
a $20 million increase over the budget request. The increase will 
enable the service to make a dent in its growing maintenance backlog 
and to address critical operating shortfalls at selected refuges.
  The bill provides $1.135 billion for the Bureau of Land Management, 
an increase of more than $40 million over the comparable fiscal year 
1997 funding level. The amount provided includes increases over fiscal 
year 1997 of $12.5 million for wildland fire preparedness, and $18.2 
for fire operations and for payments in lieu of taxes.
  Total funding for the Forest Service is $2.495 billion, an increase 
of $133 million above the comparable fiscal year 1997 enacted amount. 
Funds have been provided to produce 3.8 billion board feet of timber, 
consisting of 2.525 billion board feet from ``green'' sales, and 1.275 
billion board feet from salvage. The funding provided also includes a 
$33.4 million increase over the administration's request for forest 
health-related programs, including $21 million to reduce the severe 
potential for catastrophic fire on our national forest lands. Through 
language in the bill and report, the committee has taken steps to 
eliminate needless duplicate planning processes, and to increase Forest 
Service accountability for land management planning and implementation 
of the Columbia Basin ecosystem assessment and other ecoregion 
assessments.
  Within the area of programs for Native Americans, the bill provides 
$2.1 billion for the Indian Health Service. This funding level is $72.7 
million over the fiscal year 1997 level and 4.7 million over the 
President's request. The committee's recommendation includes $35 
million for uncontrollable fixed costs related largely to hospital and 
clinic personnel, an increase of $15 million over the budget request. 
This increase will allow the Indian health service to maintain current 
levels of service.
  As I already noted, it fully funds the President's request for tribal 
priority allocations at $757.4 million, consistent with the budget 
agreement. This represents an increase of $76.5 million over fiscal 
year 1997 levels. Tribal priority allocations now make up 49 percent of 
the bureau's operating budget.
  Within those tribal priority allocations, approximately 30 percent is 
distributed by formula based on tribes meeting criteria for the 
following programs: The Indian Child Welfare Act, new tribes, Johnson 
O'Malley education assistance, housing improvement, road maintenance, 
contract support, and welfare assistance.
  The committee has included report language directing the continued 
allocation of these funds based on qualification with specific 
criteria.
  The committee has also included language in section 118 of the bill 
that directs the Bureau of Indian affairs to develop and present to the 
Congress by January 1, 1998, its recommendations for the allocation of 
the tribal priority allocations funding based on tribal economic wealth 
and need. Currently, TPA funds are distributed to the tribes based on a 
historical methodology dating to the 1930's when we had many fewer 
recognized tribes and when circumstances were very much different for 
both the tribes and the Federal budget. This old funding plan was 
further corrupted in the 1960's through the 1980's when the base TPA 
funds for certain tribes were increased significantly. This provision 
and a revised version that will be offered as an amendment will be the 
subject of extensive debate during the consideration of the bill unless 
agreement on the provision can be reached, an agreement which now seems 
to be within the range of possibility.
  It is, however, based on the very simple premise in an area of severe 
fiscal constraints, the distribution of scarce funds for tribal 
governments should be based upon an objective assessment of relative 
need, not the political power of individual tribes or the arbitrary 
accumulation of individual funding decisions over past years.
  The committee has included language in section 120 of the bill 
pursuant to which tribes that receive tribal priority allocation 
funding for this fiscal year must waive a claim of immunity, be subject 
to the jurisdiction of the U.S. courts, and grant original jurisdiction 
of all civil actions involving the tribe to U.S. district courts. This 
provision will also be the subject of extensive and sometimes complex 
debate during the consideration of the bill. At its core, section 120 
is an attempt to preserve the right of all Americans to have their 
grievances heard and decided in neutral courts.
  The Interior bill continues the Federal investment in key energy 
research and development programs. Fossil energy research and 
development is funded at $363.9 million, comparable to the fiscal year 
1997 enacted level. Increases above the budget request are provided to 
sustain critical technology development programs intended to produce 
environmental benefits while improving energy efficiency.
  Mr. President, $627.4 million is provided for energy conservation 
programs, an increase of $58 million over the fiscal year 1997 level. 
Increases over current year levels include $17 million for 
transportation programs, $20 million for building research and 
development, and $16 million for industry programs. The bill provides 
$129 million for the weatherization program and $31.1 million for the 
State grant program, respective increases of $8 million and $2.1 
million over current year levels.
  The bill does include a sale of $207.5 million worth of oil from the 
Strategic Petroleum Reserve to finance operation of that reserve.
  Though I had hoped not to sell oil to finance reserve operations in 
fiscal year 1998, the constraints of the subcommittee's 602(b) 
allocation, the precedent set in the President's budget request, and 
the funding expectations raised by House action made it impossible to 
avoid the sale. While I remain open to alternatives to oil sales, it is 
with the recognition that any such alternative will likely have an 
adverse impact on other programs funded in this bill.
  Within the grouping of programs that I have identified as cultural 
lies the one agency that probably receives more attention per 
appropriated dollar than any other funded in this bill--the National 
Endowments for the Arts. The bill reported by the committee provides 
just over $100 million for the NEA, roughly the same as the fiscal year 
1997 level. The fact that the committee has chosen to fund the NEA, 
which the House did not do, reflects the overwhelming support that the 
agency enjoys among committee members, both Republican and Democrat. 
Nevertheless, I anticipate a spirited debate about the future of the 
agency as we proceed with consideration of this bill, and when we go to 
conference with the House.
  Mr. President, putting this legislation together has been a 
tremendous challenge. While the fiscal constraints under which the 
subcommittee must operate make it impossible to please everyone, I do 
believe this bill represents a fair balance between the priorities of 
the Members of this body--both Republican and Democrat--and the 
priorities of the administration. I truly hope to have the support of 
my colleagues in voting for final passage, as well as their 
consideration on any amendments that may be offered during debate on 
the bill.
  Finally, I want to express my gratitude to the staff for their hard 
work on this bill. Bruce Evans, Ginny James, Anne McInerney, Martin 
Delgado, and Kevin Johnson of the subcommittee staff have worked many 
long hours to put this bill together, and I have greatly appreciated 
their advice, counsel, and perseverance. Hank Kashdan--our

[[Page S9187]]

detailee from the Forest Service--has also been a great help, and we 
will be sorry to see him go at the end of the year. I also want to 
thank Chuck Berwick and Nina Nguyen of my personal staff for all their 
help on a number of critical issues in this bill. On Senator Byrd's 
staff, it has been a continued pleasure to work with Sue Masica, 
without whose expertise and institutional knowledge this bill would 
have been a lesser product. I also want to thank Carole Geagley of 
Senator Byrd's staff, as well as Lisa Mendelson who worked with Senator 
Byrd's staff as a detailee from the Park Service. I would be remiss in 
not extending my thanks to the full committee staff for their help, 
cooperation, and guidance, particularly the majority and minority staff 
directors, Steve Cortese and Jim English.
  With that, I will defer to Senator Byrd. Before doing that, I want to 
say publicly once again how much I have learned, working as 
subcommittee chairman, from his vast experience, his guidance and, 
perhaps even more significant, in the last few years his personal 
friendship. His technical knowledge of the appropriations process, his 
appreciation for its nuances, and his respect for the entire Senate 
have been invaluable to me both in producing the bill and, I hope, in 
becoming a better Senator. At the same time, his advocacy on behalf of 
his colleagues has been invaluable to many on that side of the aisle 
and, I think I can say, to this side of the aisle as well. It has been 
a wonderful partnership. I hope we can continue it for a long time to 
come.


                         Privilege of the Floor

  Mr. BYRD. Mr. President, I ask unanimous consent that the privilege 
of the floor be granted to Dr. Robert M. Simon, on detail from the 
Department of Energy to my staff, during the pendency of H.R. 2107.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from West Virginia is recognized.
  Mr. BYRD. Mr. President, I speak today in support of the fiscal year 
1998 Interior and related agencies appropriations bill. This is a bill 
that is very important to the continued protection and management of 
our Nation's natural resources, to our energy future, to the well-being 
of our Indian population, and to the cultural and historical heritage 
of our country. I hope the Senate will move quickly in its 
consideration of this bill. If there are amendments--and I am sure 
there will be some--I encourage Senators to come to the floor and let 
us have the debate and then vote on those matters that are 
controversial. The start of the fiscal year is less than 3 weeks away, 
and we still face a difficult conference with the House.
  It has been my high privilege to serve as the ranking member at the 
side of our very able chairman, the senior Senator from Washington [Mr. 
Gorton]. He is an absolute master of the details of the Interior bill. 
He is a student, and a good one, of much of the history that we protect 
in this bill, and he is a very fair arbiter of the competing demands 
that fall within the subcommittee's jurisdiction. This bill was put 
together in a very bipartisan manner, and it is responsive to 
priorities identified by many Senators, by the administration, by the 
public, and by the agencies that are charged with carrying out the 
directions provided in the bill.
  Mr. President, the reach of the programs in the Interior bill is 
vast, and not much of the funding provided in this bill is spent here 
in Washington. Rather, the dollars that we are considering today will 
flow out to more than 370 national park units, over 500 national 
wildlife refuges, 121 national forests, more than 435 Indian hospitals 
and clinics, 16 different museums of the Smithsonian Institution, and 
to countless other locations where the research and technology 
development supported by this bill occurs.
  So these funds will reach from the northernmost point in Alaska to 
the southernmost tip of Florida and from the Outer Banks of North 
Carolina to the islands in the western Pacific.
  The extent to which this bill makes its presence known in each State 
is reflected in the number of requests that Senator Gorton and I 
receive for project funding each year. While no one receives every item 
he or she requests, I believe that Senator Gorton has done an excellent 
job of trying to accommodate high-priority items within the allocation 
assigned to this subcommittee. This bill contains approximately $13 
billion in funding for the base programs, as well as an additional $700 
million for priority land acquisitions and exchanges. This bill is at 
its allocation figure, so any additional funding sought by Senators 
will need to be offset.
  Senator Gorton has summarized in a very detailed and clear way the 
items and the details of the bill thoroughly. So I will not attempt to 
cover them again.
  While this bill provides needed resources to address protection of 
some of our most important national treasures, we still have a long way 
to go. The National Park Service has a $6 billion maintenance and 
rehabilitation backlog. The Forest Service, the Fish and Wildlife 
Service, the Bureau of Indian Affairs, the Smithsonian, and other 
agencies also have considerable backlogs. Continued pressures to 
balance the budget on the back of discretionary spending will further 
impede our efforts to provide the resources necessary to protect the 
wonders with which we have been entrusted.
  For all of the pride that we take in our National Park System, it is 
also crumbling before us. Visitors flock to these national treasures 
every year--not only American visitors and their families, but 
increasingly, visitors from other countries. They come to partake of 
the historic, the cultural, and the scenic resources that have been so 
carefully preserved and entrusted to the National Park Service.
  Mr. President, as a reflection of our infrastructure and restoration 
projects, this bill takes into account the needs. And as a reflection 
of the patriotism and commitment to future generations, we should be 
doing more to preserve and to protect these wondrous resources.
  Innovative fee structures, enhanced partnership efforts, and expanded 
use of volunteers--all of which are supported by this bill--are not the 
sole solution to the needs of our national parks. Rather, we must 
commit funds to allow major infrastructure and restoration projects to 
proceed. When the house is crumbling, we must tend to the foundations 
and not just make minor cosmetic repairs.
  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 the full Senate, 
in a very effective and dedicated manner. They have taken years to 
acquire this expertise, and it is a vast benefit to Senators and to the 
people who research. On the majority side, the staff members, I 
believe, have already been mentioned by the distinguished chairman of 
the subcommittee, as well as on my side of the aisle, which he kindly 
referred to. This team works under the tutelage of the staff directors 
of the full committee--Steve Cortese for the majority and Jim English 
for the minority.
  This is a good bill, Mr. President, and I urge the Senate to complete 
its action promptly.
  Mr. BOND addressed the Chair.
  The PRESIDING OFFICER. The Senator from Missouri is recognized.
  Mr. BOND. Mr. President, I thank the managers of the bill, 
particularly my good friend from Washington.
  I have good news that an amendment that I had proposed to offer I 
will not have to offer on this bill.
  On behalf of the people of Seneca, MO, and really people all across 
southwest Missouri, I, along with my colleagues Senator Ashcroft and 
Congressman Roy Blunt, have been fighting against an effort by an 
Oklahoma Indian tribe, the Eastern Shawnee, to move into southwest 
Missouri and establish a gambling casino in Seneca.
  In truth, it is a New Jersey gaming operation that is behind this 
operation. They have claimed that they provided $25 million to the 
tribe because they felt that a gambling casino in the heart of the 
family entertainment vacation area of southwest Missouri would be 
extremely profitable for the corporation and its shareholders.
  Over the last several months, I have presented to the Secretary of 
the Interior what I thought were good legal arguments that the tribe is 
not entitled to use an exception in the statute that would permit them 
automatically to move across the border from Oklahoma into Missouri.

[[Page S9188]]

  The people of southwest Missouri finally have some good news. Last 
night Secretary Babbitt called me to say that the tribe cannot 
automatically move across the border and build a casino in Missouri. 
This means that other tribes with land bordering on our State will not 
be able to come in. They would have to go through the process of 
getting approval of the Governor and support of the local residents.
  I think this is a huge victory for the overwhelming majority of local 
residents who are concerned that gambling would destroy the family 
environment and the quality of life for which southwest Missouri is so 
well known.
  I assure my constituents and my colleagues that I intend to continue 
to fight to ensure that the entire State is protected from the invasion 
of unwanted gambling. I assure those people who are behind the efforts, 
the gambling interests, if they find or think they find another 
loophole, I will do my best to close it. So, Mr. President, more 
authorizing legislation may well be needed in this.
  I express my thanks to the Secretary of the Interior, who has advised 
me orally, although I have not seen the written opinion, that the tribe 
does not qualify for the exception, and under the circumstances that 
avenue is no longer open to bring a gambling casino into Seneca, MO.
  Mr. President, I thank the Chair and yield the floor.
  Mr. MURKOWSKI addressed the Chair.
  The PRESIDING OFFICER. The Senator from Alaska is recognized.
  Mr. MURKOWSKI. Mr. President, I thank the Chair.
  Mr. President, later during the Senate's consideration of this bill, 
the Interior appropriations bill, there will be, it is my 
understanding, a rider offered by Senator Bryan of Nevada. That rider 
would reduce the Forest Service road construction by $10 million, 
roughly 20 percent. It would eliminate the Forest Service's Purchaser 
Credit Road Construction Program and modify the formula for receipt-
sharing for Forest Service receipts with the counties.
  Mr. President, at the appropriate time, I intend to rise in 
opposition to the amendment and vote against it. I encourage my 
colleagues to do likewise. But I wanted to share a brief perspective 
with my colleagues from the standpoint of the chairman of the 
authorizing committee with jurisdiction over these matters.
  The Bryan amendment will follow hard on the heels of a similar 
amendment which was offered in the House by Congressman Kennedy and 
Congressman Porter in July. That amendment precipitated, as a 
consequence, a very intense debate in which numerous sets of facts were 
presented to the House and some statements were made that were not 
necessarily factual.
  Not surprisingly, the material that was brought into the debate, to a 
large degree, was in conflict. I have often believed that everyone is 
entitled to their own opinion, but that we ought to try to express our 
opinions using a commonly held set of facts. Oftentimes in this Chamber 
rhetoric will prevail over sound science simply because of the 
inability of the scientists to be heard and the scientists' willingness 
to stand behind their recommendations with their professional 
reputations.
  Mr. President, both the Speaker and my House counterpart, the 
Congressman for Alaska, Congressman Young, as chairman of the House 
Resources Committee, agree with this proposition. As a consequence, 
today Congressman Young has sent me a letter, which I ask unanimous 
consent be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                         House of Representatives,


                                       Committee on Resources,

                               Washington, DC, September 10, 1997.
     Hon. Frank Murkowski,
     Chairman, Committee on Energy and Natural Resources, U.S. 
         Senate, Washington, DC.
       Dear Mr. Chairman: During House consideration of the 
     Interior Appropriations bill, the Kennedy-Porter amendment 
     was offered to reduce the Forest Service timber roads 
     program.
       As you know, the reduction proposed in these amendments 
     would devastate communities that rely on public land timber. 
     It would gravely affect constituents in the West who work in 
     the woods and the mills that supply the nation with wood for 
     homes and other essential products. The implications to 
     schools and children who depend on revenue sharing from 
     timber receipts would also be substantial.
       In speaking to many of the supporters of the Kennedy-Porter 
     amendment to reduce funding for timber roads, they have 
     explained that they supported the amendment in order to 
     reduce costs and improve the environment. We too have real 
     concerns with the skyrocketing cost of roads and timber 
     sales. We have concluded that our goals may in fact be 
     consistent. We believe that using collaboration and facts to 
     address the problems that face the Forest Service we can 
     reach a mutually beneficial solution.
       We have offered to work cooperatively with interested House 
     Members who hold different perspectives of forestry issues. 
     We plan to do this in an inclusive way to properly address 
     the real problems with these programs. This approach may be 
     of interest to Senators grappling with the same problems that 
     we grappled with in the House. To begin this process, we are 
     planning an all day workshop involving as many interested 
     Members of Congress as possible. If you wish to organize a 
     group of Senators with an interest in this approach to the 
     roads and cost issue, we invite you to do so and participate 
     with us.
           Sincerely,
     Don Young.
     Helen Chenoweth.

  Mr. MURKOWSKI. At the end of the House debate, many of the parties in 
opposition to one another found they simply shared a common goal. So 
after an extended debate, they came together and found what they could 
agree upon. They cared a great deal about the skyrocketing costs of the 
Forest Service program, without exception. They agreed then that 
collaboration and common understanding was necessary to address the 
problems in a way that would most likely achieve a mutual beneficial 
solution and it would be better to do that than simply replay the 
debate.
  I think that is where we are today, Mr. President. We do not want to 
replay that debate that unfolded in the House and perhaps would unfold 
in this body.
  So Congressman Young has taken the lead from the Speaker of the House 
of Representatives to work with the conflict resolution center at 
George Mason University to schedule an all-day workshop with interested 
Congressmen to review these issues and find where some common ground 
and consensus could be found. And this is the issue in mind, the Forest 
Service's Purchaser Credit Road Construction Program.
  Congressman Young is inviting me and other interested Senators to the 
workshop. I will support the House effort and urge Members here to do 
likewise.
  I do not believe that we can make sound public policy decisions when 
we disagree on basic facts associated with the issues that come to the 
Senate floor. This particular issue is ripe for that kind of exposure. 
So I will leave it to my colleagues later in the debate to come to 
their own judgment. We voted on this issue time and time again. It 
prevailed. But I believe the search for consensus, which has been 
initiated in the House, is something the Senate should adopt. I urge 
the consideration of my colleagues.
  Mr. BYRD. 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. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Grams). Without objection, it is so 
ordered.
  Mr. DORGAN. Mr. President, I rise today to describe to my colleagues 
an amendment that it is my intention to offer on this appropriations 
bill. I intend to offer an amendment on behalf of myself, and Senator 
Johnson, from the State of South Dakota, who will be speaking on it 
when I finish. We are joined in this endeavor by a fairly large number 
of Senators: Senators Campbell, Daschle, Domenici, Inouye, Burns, 
Conrad, Bingaman, Kohl, Wellstone, McCain, Harkin, Murray, and Levin--a 
very distinguished and significant bipartisan group of Senators--and, 
as I mentioned previously, by Senator Johnson of South Dakota who has 
worked very closely with me on this amendment.
  The amendment deals with tribal colleges. Before I describe the 
amendment I would like to make a comment about this subcommittee.

[[Page S9189]]

  I am privileged to serve on the Senate Appropriations Committee. I 
consider it a distinct privilege to work with the Appropriations 
Committee, with the distinguished chairman, Senator Stevens of Alaska, 
and the distinguished ranking member and former chairman, Senator Byrd 
of West Virginia. I also serve on the Interior subcommittee. It has 
been a pleasure to work with the Senator from Washington, Senator 
Gorton, whose leadership has been excellent. Although he is not at the 
present moment on the floor, I want him to know that the chart he 
brings to the floor to describe the breakdown of expenditures for this 
particular subcommittee is unique, and particularly useful. It is the 
only chart of its type that I know of that has been presented to 
Members, and it, more than almost any other approach, really gives us a 
good description of where we are spending the money in this 
subcommittee, how much we are spending, and the purpose of that 
spending.
  So I say ``thank you'' to Senator Gorton, and to the ranking member 
of this subcommittee, Senator Byrd from West Virginia as well, for 
their leadership.
  I would like to thank Bruce Evans, Anne McInerney, and Sue Masica, 
the staff on this subcommittee who have been very helpful in working 
with me on a wide range of issues.
  The purpose of my offering an amendment today is to increase the 
funding for tribal colleges. And I want to describe why I think that is 
necessary.
  Funding for tribally controlled colleges has not increased for 3 
years. The President's budget requested $30,411,000 for these 
colleges--a $3 million increase over the last fiscal year. Both the 
House and the Senate bills have provided for a $1 million increase. And 
I would like to add the extra $2 million to bring funding up to the 
President's request in his budget recommendation. With the adoption of 
this amendment, the Senate will be at the budget request level. And 
that is still only half of the authorized level. Nonetheless, I think 
it is a very important step forward. This amendment will be offset by a 
pro rata reduction in travel for all agencies covered by this bill 
whose budgets exceed $20 million.
  I can think of no more worthwhile investment in the future of native 
Americans than to invest in their education, particularly at the 
postsecondary level. All of us know that education is the key to 
success. We have 24 tribally controlled community colleges in this 
country that will be covered by this amendment. These colleges now 
serve more than 20,000 students.
  There are five tribal colleges in North Dakota. And I have been 
pleased to play a role in trying to help them, all of which I have 
visited personally. I must say that they have made a significant 
difference in the lives of many, many students. These colleges have 
been successful in educating native American students by preserving the 
cultural environment in which these students are familiar while still 
providing them with the skills to be competitive in the society at 
large. I am proud of what they have accomplished. I think the extra $2 
million will be very, very helpful. Unfortunately, tribal college 
appropriations have failed to keep pace with inflation, and actual per 
student funding has decreased by $317 while the student enrollment has 
increased by more than 230 percent over the last decade.

  Mr. President, I would like just for a moment to describe a couple of 
people that I have either been privileged to meet or have heard about, 
who have demonstrated to me the importance of tribal colleges.
  I was invited to speak at a tribal college commencement in North 
Dakota a few years ago. As they lined up in cap and gown, enormously 
proud of their achievement on their graduation day, I felt pride as 
well. I was visiting with several from the class, just kibitzing back 
and forth, and I asked, ``Who is the oldest of this graduating class?'' 
A woman raised her hand. She said, ``I am the oldest.'' She was, I 
believe, 41 years old. She was a single mother of four children, whose 
husband had left her. She had been employed as the janitor in that 
school at the tribal college cleaning the hallways, cleaning the 
lavatories, working long hours, and working hard to try to care for her 
children. As she was cleaning the lavatories and the hallways in this 
tribal college, she got a notion that she would very much like to 
graduate from this college.
  So from the position of custodian or janitor at a tribal college, on 
this day when I was to speak at the graduation, she was wearing a cap 
and a gown, and at age 41 was getting a college degree. She had a smile 
so wide and such pride in her eyes because of what she had achieved for 
herself that no one will ever take away. It was, I think, Ben Franklin 
who suggested that if we empty our purse in our head, no one will ever 
been able to take it from us. And she knew that. But think of the odds 
to overcome--a single mother, raising four children, few skills, 
without much pay coming from the employment she then had. But on this 
day, she was a college graduate. I have never forgotten that smile. It 
was a remarkable achievement for her. But you will find that similar 
stories at all these tribal colleges. It changes people's lives.
  I want to tell you about a friend of mine named Loretta De Long, a 
North Dakotan. I am privileged to know Loretta. She was a single 
Chippewa mother of two. She was wondering about her life and her 
future. And tribal colleges were established just about the time that 
she realized the key to her future could be a higher education.
  After getting her high school diploma in a GED Program, this mother 
of two young children, the youngest of which was 6 weeks at the time, 
enrolled in one of the tribal colleges in North Dakota and that allowed 
for her to stay near her family and care for her children while she 
pursued her education. She said that ``going to college was like 
looking in the mirror and seeing myself for the first time that college 
seemed to tap a leadership quality that had been squashed by the 
outside world.''
  Well, today Loretta De Long is Dr. De Long, Dr. Loretta De Long. The 
same woman, yes. She is also the Superintendent of Education for the 
Turtle Mountain Agency of the Turtle Mountain Tribe in North Dakota--
another example of one person, but a success as a result of tribal 
colleges.
  I don't know Myra Lefthand, but Myra Lefthand is a Montanan, and she 
is a Crow Indian from Montana. She and her daughter lived on clerk's 
pay and after 15 years in the same position on clerk's pay, not doing 
very well, she felt there were many positions that she saw in and 
around her job situation that she would like to have had but was never 
able to apply for them because she didn't have the education.
  Here is what she said. She entered a tribal college to get an 
education. She said:

       For me, it meant a commitment to a goal. When I quit my 
     job, I left behind what little security I had for myself and 
     my daughter and I could no longer expect a paycheck, no 
     matter how small. But while I was at the Little Bighorn 
     College, I was encouraged daily in my pursuit of an associate 
     degree in chemical dependency counseling by the dean of 
     students, Punkie Anne Bollis, and by my sister, Clarice Deny. 
     Between the two of them, a lot of hitchhiking, a lot of 
     scrimping to make small savings go a long way, and the 
     generosity of a sister who brought daily lunches to me, I was 
     able to persist and to graduate from the Little Bighorn 
     Tribal College with an AA degree.
       To all potential tribal college students, I say that going 
     to get a professional degree is possible. With a little 
     effort, hard study, support, prayers of family members, some 
     financial aid, and the encouragement of some good teachers, 
     an associate degree can be earned.

  The reason I mention today Myra, Dr. De Long, or Wilma, the first 
woman I described, is that these are people whose lives have been 
changed by the ability to go to a tribal college, the ability to, on an 
Indian reservation, have the support of family and have the other 
support that is available and still enter college and get a degree and 
change their lives.
  Now, what I am suggesting by this amendment is that we provide the 
additional $2 million which will bring the request up to the 
President's budget request. It is not a large amount of money by some 
Appropriations Committee standards, but it is an important amount of 
money that will I think invest in and benefit the lives of many 
Americans who now attend these tribal colleges, the enrollments of 
which are growing very rapidly but student funding has not kept pace.
  My intention would be to have this amendment offered. I will offer it 
or it

[[Page S9190]]

can be offered on my behalf at the appropriate time after the committee 
amendments have been offered and I would like to work with the 
committee chair and the ranking member to see if we can find a way to 
adopt this amendment.
  The chairman of the subcommittee is here now. He was not here when I 
described the compliments I have for the chart that he provided the 
Senate. He does that every year, and it is the only one I know that 
exists with these subcommittees. It is an awfully good way to describe 
to the Congress what we are spending and where we are spending it, and 
I want to say thanks for the Senator's excellent leadership, and thanks 
to the Senator from West Virginia for his leadership as well.
  I know the Senator from South Dakota wishes to speak on this 
amendment, and I thank him very much for his strong work and support. I 
hope as we move along this amendment can be offered and hopefully we 
can agree to it.

  Mr. President, I yield the floor.
  Mr. JOHNSON addressed the Chair.
  The PRESIDING OFFICER. The Senator from South Dakota.
  Mr. JOHNSON. Mr. President, I am pleased to join in the amendment of 
the Senator from North Dakota soon to be offered. I join Senator Dorgan 
in commending Chairman Stevens for his work, certainly the Senator from 
West Virginia, Mr. Byrd, for his extraordinary leadership over the 
years on issues of this nature, and I look forward to working with the 
subcommittee chairman, Senator Gorton, to see what we can do to move 
this kind of amendment along.
  Mr. President, I represent a State, the State of South Dakota, where 
we have nine Indian reservations, and where levels of poverty are 
extraordinary. I have worked very hard over the years both in the House 
of Representatives prior to my service in the Senate and now in the 
Senate on a wide range of initiatives designed to try to improve the 
circumstances of the native American citizens of our Nation, and of our 
State--water development initiatives and efforts on housing and health 
care and infrastructure improvements. I think all of them are 
important.
  I have come to the conclusion after years of struggling and facing 
what sometimes appeared to me to be almost overwhelming circumstances 
of poverty, isolation, and difficulty, that if there is one area that 
deserves particular emphasis it needs to be education, and in this 
instance higher education for native American citizens of our country.
  There was a time when I was, frankly, a bit skeptical, there was a 
time when I thought that perhaps we could just better utilize the 
existing State and other private institutions of higher education 
throughout our States. And we have made some successful efforts there 
in our Upward Bound Programs and others that have been of some help. 
But, frankly, the dropout rate and the lack of success was very high 
over the years. Now we have 25 tribal colleges serving between 20,000 
to 25,000 native American students in 11 States around the country. We 
have four of them in the State of South Dakota, all of them accredited, 
all of them providing high-quality educational opportunities not just 
for native American students but for many non-Indian students as well 
who live in those extremely rural areas and who need to have this kind 
of access to educational opportunity.
  We find that 56 percent of the American Indian population in our 
Nation is age 24 or younger. There is, demographically, a huge number 
of people of college age and younger; 90 percent of tribal college 
students qualify for need-based financial aid; 85 percent live in 
poverty; more than 50 percent are parents; 70 percent of these young 
people attending tribal colleges are female.
  As I examine what has transpired over these years that we have 
developed a tribal college system, I see for the first time a whole 
generation of native Americans who are becoming teachers and nurses and 
managers and entrepreneurs; who are becoming role models in their 
communities where none before ever existed in terms of making their way 
in the larger economic system of our country. We have so many people 
who have lived all of their lives without an economic opportunity, 
without jobs being available, without anyone in their family having had 
the opportunity to work, who have not had the skills to make it in the 
larger economy of our Nation, and yet now finally we are seeing this 
forward edge of progress being made among native Americans. It is, more 
than anything else, because of this opportunity to secure the job 
skills, the training, the education, the brainpower that is required to 
succeed in America, that is required to succeed in the global economy 
in which we live today.
  These colleges have made their way with very modest resources. In 
fact, even with the President's recommendation, we will spend only 
about half the dollars per student as is authorized under Federal law 
and far less than half of what other community colleges and other 4-
year colleges in America use to educate each student. It is amazing 
that they have done as well as they have, that they have kept their 
accreditation, that they have kept the torch of hope alive for so many 
people and yet they have done it with far less per student than any 
other college in America.

  The $2 million request that Senator Dorgan has put into his amendment 
will be divided among 25 colleges, and yet they have gone so far on so 
little that even this will be a very significant help for them, given 
the fact that they have now gone 3 years in a row without any upward 
adjustment in their funding at all, and despite the fact that 
enrollment numbers have increased significantly, that this really has 
become the steppingstone for success and is recognized as such in tribe 
after tribe throughout our country.
  Mr. GORTON. Will the Senator from South Dakota yield?
  Mr. JOHNSON. I will be pleased to yield to the Senator.
  Mr. GORTON. On behalf of the majority leader, I am authorized to 
announce there will be no further rollcall votes today.
  I thank the Senator.
  Mr. JOHNSON. I thank the Senator. That is always a well received kind 
of announcement from the subcommittee chairman.
  We find that our tribal colleges are unmatched in retention, in 
matriculation and job placement of American Indian students; 42 percent 
of these tribal college students transfer to 4-year institutions.
  As we undertake the welfare reform initiatives at the Federal level 
and which the States are carrying through, it is all the more reason we 
need this opportunity, this steppingstone for people to develop the 
skills to in fact break out of what has been a relentless, an 
overwhelming cycle of poverty that so many native Americans have been 
caught up in. But again, it is not just native Americans who benefit 
from this.
  I think of an instance of Wilma Sachtjen of Burke, SD, a displaced 
homemaker with a high school diploma. Wilma enrolled in the Sinte 
Gleska College in Rosebud, SD. A non-Indian, she was able to secure an 
education because of this program when no other opportunity could 
possibly have existed for her. She secured a bachelor's degree in human 
srvices. She has been employed in that field ever since. And so we have 
not just native Americans but the entire population of our States at 
many of these colleges, in most cases in remote areas, gaining 
opportunity.
  The four colleges in South Dakota: the Cheyenne River Community 
College at Eagle Butte; the Oglala Lakota College at Kyle; the Sinte 
Gleska University at Rosebud, and Sisseton Wahpeton Community College 
at Sisseton, have all provided key educational opportunities for the 
population of our State. Many of our students also attend Sitting Bull 
College at the Standing Rock Reservation in North Dakota and many 
attend the United Tribes Technical College in Bismark as well.
  So these colleges serve regional populations and not simply the 
tribal membership of their own reservations. So I cannot share with you 
in stronger terms the importance of continuing these colleges with 
adequate funding--certainly not extraordinary funding but adequate 
funding--to make sure that the ladder of opportunity remains in place. 
This is a newfound opportunity, a newfound ladder, really, that has 
only been with us for a relatively recent number of years. But I think 
it

[[Page S9191]]

is one of the most vital components we could possibly imagine to have 
if in fact we are going to break the cycle of poverty, create greater 
self-sufficiency, greater dignity, greater pride and greater 
opportunity for native American students.
  I simply say, Mr. President, I cannot commend in stronger terms to my 
colleagues the importance of the passage of the Dorgan amendment and a 
continuation of a strong tribal college system in America.
  Mr. DORGAN. Will the Senator from South Dakota yield for a question?
  Mr. JOHNSON. I certainly yield to my colleague from North Dakota.
  Mr. DORGAN. Mr. President, many people ask the question--if you have 
other colleges elsewhere in the country, why is there a need for tribal 
colleges? The answer to that, very simply, is that a substantial number 
of women are attending these colleges, especially women who are living 
in poverty, many of them well above the 18- or 20-year-old age when 
people are moving into college. And because tribal college students are 
older and female--often single mothers in their late twenties or 
thirties--the ability to go to a tribal college on the reservation 
itself allows them to access the support of families for child care. 
That support is often the difference between going to college and not 
going to college; being able to have an opportunity for a higher degree 
or not being able to have the opportunity. It is in evidence all across 
this country that these tribal colleges work, whereas in other 
circumstances those same people, who are now proud graduates, would 
probably not have had the opportunity to go on for an advanced 
education.
  I appreciate very much the Senator's yielding. I would like to make 
one additional comment if I might, if the Senator will indulge me.
  When I mentioned the thank you for so many staffers who worked with 
us on this amendment, I did not mention Mary Hawkins, who works with me 
on appropriations issues. Mary is going to be leaving the Hill at the 
end of this year. She has worked for a long while and does wonderful 
work. I am blessed having her work with me on appropriations issues, 
and I wanted to say thank you to her as well.
  Mr. JOHNSON. Mr. President, reclaiming my time, I share the Senator's 
congratulations to Mary and the staff in general who have worked very 
hard on these and other key issues.
  I think the Senator from North Dakota raises an important point 
relative to the unique importance of these institutions, given the 
kinds of circumstances that the students face where there is a great 
need for extended family, where transportation is difficult to secure, 
where the extended family is necessary to make education--oftentimes 
far more than 4 years, oftentimes 5 and 6 and 7 years--for 
nontraditional students to become a reality. Were it not for these 
institutions, there simply would not be this level of educational 
achievement, there would not be these role models being created, there 
would not be this kind of leadership created in Indian country today. 
So, again, I have to thank the Senator for his leadership and insights 
on this issue, and I yield my time.
  Mr. CONRAD. Mr. President, tribal colleges play a crucial role in 
Indian country. An educated population is central to all successful 
economic and community development efforts. Tribal colleges serve young 
people preparing to enter the job market for the first time, dislocated 
workers learning new skills, and people seeking to move off welfare and 
onto a career path. These schools are at the heart of efforts to 
strengthen native American communities.
  Tribal colleges serve more than 25,000 students nationwide. While 
meeting with tribal college students from North Dakota earlier this 
year, they told me how important it was for them to be able to attend 
schools near their homes, and how they planned to search for employment 
in their communities after graduation. Tribal colleges also strengthen 
Indian communities by increasing access to cultural resources, and by 
promoting the revitalization and preservation of American Indian and 
Alaska Native languages, visual and performance arts, and tribal 
history.
  Last October, President Clinton signed an Executive order regarding 
tribal colleges and universities, designed to ensure that they have 
Federal resources committed to them on a continuing basis. This 
Executive order demonstrates a recognition of the central mission of 
tribal colleges and universities: making educational opportunities 
accessible to people of all ages in Indian country. To this end, it is 
important that we increase the Federal resources available to the 
tribal colleges. I am a cosponsor of the Dorgan amendment to increase 
the fiscal year 1998 appropriation for tribal colleges by $2 million, 
to the level of the administration's request, and I strongly urge its 
adoption.
  The PRESIDING OFFICER. The Senator from Washington.


                         Privilege of the Floor

  Mr. GORTON. Mr. President, I ask unanimous consent that the privilege 
of the floor be granted for the duration of the Interior bill to Angela 
Logomasini of Senator Brownback's staff.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GORTON. Mr. President, I have a series of clarifications of the 
committee report that have been agreed to by Senator Byrd. I ask 
unanimous consent that they be printed in the Record, and I submit them 
for the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                   Clarifications to Committee Report

       Page 23 of the report indicates that funding for the 
     aquatic nuisance species control program under the Fish and 
     Wildlife Service is increased by $500,000 over the current 
     year level. The actual increase provided is $1,000,000.
       On page 119 of the report, the Bureau of Land Management is 
     incorrectly listed as an unauthorized program pursuant to 
     paragraph 7 of Rule XVI of the Standing Rules of the Senate. 
     BLM was reauthorized through fiscal year 2002 in the 1996 
     omnibus parks bill.
       The last paragraph on page 9 of the report addresses 
     procedures that the Forest Service must follow in order to 
     change its regional office structure. That paragraph should 
     have included a requirement for the Forest Service to obtain 
     consent from the Senate Energy and Natural Resources 
     Committee.
       On page 54, in the description of special programs and 
     pooled overhead, the total is $72,726,000. The changes from 
     the FY 1997 enacted level consist of the following:
       an increase of $341,000 for fixed costs ($42,000 for fixed 
     costs for UTTC are reflected as part of their total);
       an increase of $2,000,000 for employee displacement;
       an increase of $728,000 for UTTC, which includes $42,000 
     for fixed costs;
       a decrease of $1,569,000 for trust services transferred to 
     the office of special trustee;
       a decrease of $2,801,000 for internal transfers; and
       a decrease of $46,000 for other fixed costs (consisting of 
     a decrease of $417,000 for workers compensation and an 
     increase of $371,000 for unemployment compensation).
  Mr. GORTON. Mr. President, I do want to respond to the thoughtful 
suggestions of the Senators from North Dakota and South Dakota while 
each of them is still on the floor.
  I reflected, as they discussed the value of higher education, in this 
case to Indians, on the force of their argument. It certainly is 
possible that on some other elements of this bill relating to Indians 
that we may have some disagreements. But, certainly, if we speak about 
either a doctrine of self-determination or self-sufficiency, education 
makes a major contribution to the ability of an individual either to be 
self-determining or self-sufficient. To the extent that we can 
encourage education, greater sophistication and greater knowledge, 
obviously we ought to do so.
  In this bill we have added $1 million to approximately a $27 million 
appropriation last year for the particular purpose to which they speak. 
That is $2 million less than the President's request, where the total 
allocation we have is some $46 million less than the President's 
request. We have, however, given almost a $700,000 increase to the 
United Tribes Technical College in the State of the Senator from North 
Dakota, which the President did not include in his budget, based 
essentially on the same philosophy that has been stated here by the two 
of them.
  I can assure both Senators that we will see whether or not in some 
respect or another we can accommodate what seems to be a reasonable 
request, understanding that we have a lot of reasonable requests in a 
lot of areas of the bill. Also, I have to state that one reservation I 
have is to the sort of let's

[[Page S9192]]

just cut everything else proportionately without setting values. We 
worked as hard as we could on these matters, the others of which 
applied to all citizens of the United States. The degree of deferred 
maintenance in our national parks and national forests and other 
recreational facilities is literally measured in the billions of 
dollars. We tried to at least begin to work on that.
  So, if, perhaps, the focus of where we find the $2 million could be 
more narrowly aimed, if they could discuss with their own constituents 
whether there are other Indian programs that could absorb such a shift, 
or some other thing of that sort, it will make it easier for us.
  But I do want to assure both of them that I have heard what they have 
to say. With their philosophy about education, I entirely agree. And to 
the extent, in a bill where, as I said in my opening remarks, we had 
1,800 requests from Members of the Senate, very few of which this 
Senator thinks in the abstract were not justified, by any means, I will 
try to the best of my ability to oblige. I am sure I speak for Senator 
Byrd when I make that statement.
  Mr. DORGAN. Will the Senator yield just for a comment?
  Mr. GORTON. Certainly.
  Mr. DORGAN. Because the Senator mentioned United Tribes Technical 
College, I wanted to say how much I appreciate what the subcommittee 
did in that area. That is a unique institution which has been very 
successful and has not had a funding increase for a long, long while. 
Just last Saturday I was at the United Tribes Technical College, where 
they had one of the largest Indian powwows in this country. It is a 
wonderful cultural celebration, about as colorful and beautiful a 
celebration as you will see anywhere in the country. I can tell you the 
people at United Tribes Technical College were enormously grateful for 
what you have done in this appropriations bill for them. I think they 
understand that the increase you have provided is a recognition of 
excellence in education, an investment in human potential. They are 
very grateful for it. Because you mentioned that, I wanted to say how 
appreciative I was as well.
  Mr. GORTON. Mr. President, I thank my colleague from North Dakota.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. REED. 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. REED. Mr. President, I ask unanimous consent to proceed as in 
morning business for the next 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REED. I thank the Chair.
  (The remarks of Mr. Reed pertaining to the introduction of S. 1169 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. GORTON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Washington.


                           Amendment No. 1132

(Purpose: To amend title 31, United States Code, to address the failure 
to appropriate sufficient funds to make full payments in lieu of taxes 
  under chapter 69 of that title by exempting certain users of White 
 Mountain National Forest from fees imposed in connection with the use)

  Mr. GORTON. Mr. President, I send an amendment to the desk and ask 
unanimous consent that it be in order to be considered.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the amendment.
  The bill clerk read as follows:

       The Senator from Washington [Mr. GORTON], for Mr. Gregg, 
     proposes an amendment numbered 1132.

  Mr. GORTON. Mr. President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 126, line 16 insert after ``government'' the 
     following: ``that lies in whole or in part within the White 
     Mountain National Forest and is''
       On page 126, line 19, strike ``recreational user fee'' and 
     insert in lieu thereof. ``Demonstration Program Fee (parking 
     permit or passport)''
       On page 126, line 21-22, strike ``White Mountain National'' 
     and ``that lies, in whole or in part, within those 
     boundaries.''

  Mr. GORTON. Mr. President, this is an agreed-to amendment between 
Senator Byrd and myself that is presented on behalf of the Senator from 
New Hampshire, Mr. Gregg. He has a special provision relating to 
certain uses of the White Mountain National Forest that are included in 
the bill. Technical errors were made in connection with that amendment, 
which added an unanticipated cost. These technical changes will cure 
that defect.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1132) was agreed to.
  Mr. GORTON. I move to reconsider the vote.
  Mr. HOLLINGS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. GORTON. I yield the floor, Mr. President.
  Mr. President, I think I can announce I know of no further business 
relating to the Interior bill that is likely to come before the Senate 
this afternoon. But I do ask that any Senator who may wish to speak on 
the subject or offer an amendment on the subject report his or her 
intention to do so promptly.
  Mr. HOLLINGS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Abraham). The clerk will call the roll.
  The bill 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 (Mr. SANTORUM). Without objection, it is so 
ordered.
  Mr. GORTON. Mr. President, I ask unanimous consent that the committee 
amendments be agreed to en bloc, with the following exceptions: page 
46, line 15 through page 47, line 25; page 52, line 16 through page 54, 
line 22; page 55, line 11 through page 56, line 2; page 96, line 12 
through page 97, line 8; page 115, lines 1 through 22; page 123, line 9 
through page 124, line 20; that the bill, as amended, be considered as 
original text for the purpose of further amendment, and that no points 
of order be waived by reason of this agreement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.

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