[Congressional Record Volume 143, Number 143 (Wednesday, October 22, 1997)]
[House]
[Pages H9004-H9034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 2107, DEPARTMENT OF THE INTERIOR AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 1998

  Mr. REGULA submitted the following conference report and statement on 
the bill (H.R. 2107) making appropriations for the Department of the 
Interior and related agencies for the fiscal year ending September 30, 
1998, and for other purposes:

                  CONFERENCE REPORT (H. Rept. 105-337)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the Senate to the bill (H.R. 
     2107) ``making appropriations for the Department of the 
     Interior and Related Agencies, for the fiscal year ending 
     September 30, 1998, and for other purposes,'' having met, 
     after full and free conference, have agreed to recommend and 
     do recommend to their respective Houses as follows:
       That the Senate recede from its amendments numbered 4, 6, 
     7, 13, 28, 30, 35, 40, 54, 61, 91, 95, 106, 131.
       That the House recede from its disagreement to the 
     amendments of the Senate numbered 2, 5, 10, 16, 18, 20, 25, 
     31, 33, 38, 39, 41, 44, 45, 46, 47, 48, 49, 52, 53, 56, 58, 
     59, 60, 62, 63, 64, 66, 71, 72, 73, 75, 76, 79, 85, 86, 92, 
     94, 100, 107, 112, 113, 116, 117, 119, 120, 122, 123, 125, 
     126, 127, 133, 135, 139, 140, 141, 145, 147, 148, 149, 154, 
     155, 159, 160, and 161; and agree to the same.
       Amendment numbered 1:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 1, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $583,270,000; and the Senate agree to the same.
       Amendment numbered 3:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 3, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $583,270,000; and the Senate agree to the same.
       Amendment numbered 8:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 8, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $120,000,000; and the Senate agree to the same.
       Amendment numbered 9:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 9, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $11,200,000; and the Senate agree to the same.
       Amendment numbered 11:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 11, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $594,842,000; and the Senate agree to the same.
       Amendment numbered 12:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 12, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert the following: , 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''; 
     and the Senate agree to the same.
       Amendment numbered 14:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 14, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $45,006,000; and the Senate agree to the same.
       Amendment numbered 15:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 15, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $4,228,000; and the Senate agree to the same.
       Amendment numbered 17:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 17, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $62,632,000; and the Senate agree to the same.
       Amendment numbered 19:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 19, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $11,700,000; and the Senate agree to the same.
       Amendment numbered 21:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 21, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $1,233,664,000; and the Senate agree to the same.
       Amendment numbered 22:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 22, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: $44,259,000, of which $4,500,000 is for 
     grants to Heritage areas in accordance with section 606 of 
     title VI, division I and titles I-VI and VIII-IX, division II 
     of Public Law 104-333 and is; and the Senate agree to the 
     same.
       Amendment numbered 23:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 23, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $40,812,000; and the Senate agree to the same.
       Amendment numbered 24:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 24, and agree to the same 
     with an amendment as follows:
       In lieu of the sum named in said amendment insert: 
     $4,200,000; and the Senate agree to the same.
       Amendment numbered 26:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 26, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $214,901,000; and the Senate agree to the same.
       Amendment numbered 27:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 27, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted in said 
     amendment, insert: : Provided, That $500,000 for the 
     Rutherford B. Hayes Home; $600,000 for the Sotterly 
     Plantation House; $500,000 for the Darwin Martin House in 
     Buffalo, New York; $500,000 for the Penn Center, South 
     Carolina; and $1,000,000 for the Vietnam Veterans Museum in 
     Chicago, Illinois shall be

[[Page H9005]]

     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 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; and the Senate agree to the same.
       Amendment numbered 29:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 29, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $143,290,000; and the Senate agree to the same.
       Amendment numbered 32:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 32, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $759,160,000; and the Senate agree to the same.
       Amendment numbered 34:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 34, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $145,159,000; and the Senate agree to the same.
       Amendment numbered 36:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 36, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $137,521,000; and the Senate agree to the same.
       Amendment numbered 37:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 37, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $68,574,000; and the Senate agree to the same.
       Amendment numbered 42:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 42, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $1,528,588,000; and the Senate agree to the same. Amendment 
     numbered 43:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 43, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $55,949,000; and the Senate agree to the same.
       Amendment numbered 50:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 50, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $67,514,000; and the Senate agree to the same.
       Amendment numbered 51:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 51, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $63,665,000; and the Senate agree to the same.
       Amendment numbered 55:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 55, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $33,907,000; and the Senate agree to the same. Amendment 
     numbered 57:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 57, and agree to the same 
     with an amendment, as follows:
       Restore the matter stricken by said amendment amended to 
     read as follows:
       Sec. 107. In fiscal year 1998 and thereafter, for those 
     years in which the recreation fee demonstration program 
     authorized in Public Law 104-134 is in effect, the fee 
     collection support authority provided in 16 U.S.C. 460l-
     6(i)(1)(B) applies only to parks not included in the fee 
     demonstration program, and that the amount retained under 
     this authority to cover fee collection costs will not exceed 
     those costs at the non-demonstration parks, or 15 percent of 
     all fees collected at non-demonstration parks in a fiscal 
     year whichever is less. Fee collection costs for parks 
     included in the fee demonstration program will be covered by 
     the fees retained at those parks.
       And the Senate agree to the same.
       Amendment numbered 65:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 65, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment amended to 
     read as follows:
       Sec. 118. Any funds made 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, internal 
     transfers pursuant to other law, and proposed increases to 
     formula driven programs not included in tribes' TPA base) 
     shall only be available for distribution--
       (1) to each tribe to the extent necessary to provide that 
     tribe the minimum level of funding recommended by the Joint-
     Tribal/BIA/DOI Task Force on Reorganization of the Bureau of 
     Indian Affairs Report of 1994 (hereafter ``the 1994 Report'') 
     not to exceed $160,000 per tribe; and
       (2) to the extent funds remain, such funds will be 
     allocated according to the recommendations of a task force 
     comprised of 2 designated Federal officials and 2 tribal 
     representatives from each BIA area. These representatives 
     shall be selected by the Secretary after considering a list 
     of names of tribal leaders nominated and elected by the 
     tribes in each area. The list of nominees shall be provided 
     to the Secretary by October 31, 1997. If the tribes in an 
     area fail to submit a list of nominees to the Secretary by 
     October 31, 1997, the Secretary shall select representatives 
     after consulting with the BIA. In determining the allocation 
     of remaining funds, the Task Force shall consider the 
     recommendations and principles contained in the 1994 Report. 
     If the Task Force cannot agree on a distribution by January 
     31, 1998, the Secretary shall distribute the remaining funds 
     based on the recommendations of a majority of Task Force 
     members no later than February 28, 1998. If a majority 
     recommendation cannot be reached, the Secretary in exercising 
     his discretion shall distribute the remaining funds 
     considering the recommendations of the Task Force members.
       And the Senate agree to the same.
       Amendment numbered 67:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 67, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment, insert:
       Sec. 120. Notwithstanding any other provision of law, 90 
     days after enactment of this section 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 accordance with 
     applicable agency procedures) in the area known as the 
     Kantishna Mining District within Denali National Park and 
     Preserve, for which all current owners (or the bankruptcy 
     trustee as provided hereafter) of each such claim (for 
     unpatented claims, ownership as identified in recordations 
     under the mining laws and regulations) consent to such 
     vesting in writing to the Secretary of the Interior within 
     said 90-day period: Provided, That in the case of a mining 
     claim in the Kantishna Mining District that is involved in a 
     bankruptcy proceeding, where the bankruptcy trustee is a 
     holder of an interest in such mining claim, such consent may 
     only be provided and will be deemed timely for purposes of 
     this section if the trustee applies within said 90-day period 
     to the bankruptcy court or any other appropriate court for 
     authority to sell the entire mining claim and to consent to 
     the vesting of title to such claim in the United States 
     pursuant to this section, and that in such event title in the 
     entire mining claim shall vest in the United States 10 days 
     after entry of an unstayed, final order or judgment approving 
     the trustee's application: Provided further, That the United 
     States shall pay just compensation to the aforesaid owners of 
     any valid claims to which title has vested in the United 
     States 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 claim or the 
     valuation of such claim awarded by judgment, and such 
     payment, including any deposits in the registry of the court, 
     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 258a, title 40, United 
     States Code: Provided further, That the United States or a 
     claim owner or bankruptcy trustee may initiate proceedings 
     after said 90-day period, but no later than six years after 
     the date of enactment of this section, seeking a 
     determination of just compensation in the District Court for 
     the District of Alaska pursuant to the Declaration of Taking 
     Act, sections 258a-e of title 40, United States Code (except 
     where inconsistent with this section), and joining all owners 
     of the claim: Provided further, That when any such suit is 
     instituted by the United States or the owner or bankruptcy 
     trustee, the United States shall deposit as soon as possible 
     in the registry of the court the estimated just compensation, 
     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 for deposit in the court registry 
     (other than an estimate based on an agency approved appraisal 
     made prior to the date of enactment of this Act) the 
     Secretary of the Interior shall permit the claim owner to 
     present information to the Secretary on the value of the 
     claim, including potential mineral value, and the Secretary 
     shall consider such information and permit the claim owner to 
     have a reasonable and sufficient opportunity to comment on 
     such estimate: Provided further, That the estimated just 
     compensation deposited in the court registry shall be paid 
     forthwith to the aforesaid owners upon application to the 
     court: Provided further, That any payment from the court 
     registry to the aforesaid owners shall be deducted from any 
     negotiated settlement or award by judgment: Provided further, 
     That the United States may not request the court to withhold 
     any payment from the court registry for environmental 
     remediation with respect to such claim: Provided further, 
     That the Secretary shall not allow any unauthorized use of 
     claims acquired pursuant to this section after the date title 
     vests in the United States pursuant to this section, and the 
     Secretary shall permit the orderly termination of all 
     operations on the lands and the removal of equipment, 
     facilities, and personal property by claim owners or 
     bankruptcy trustee (as appropriate).

[[Page H9006]]

       And the Senate agree to the same.
       Amendment numbered 68:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 68, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed in said amendment, amended as 
     follows:
       Before the period at the end of the amendment, insert: and 
     by inserting at the end of the section the following new 
     sentence: ``If such litigation is commenced, at the court 
     trial, any party may introduce any relevant evidence bearing 
     on the interpretation of the 1976 agreement.''
       And the Senate agree to the same.
       Amendment numbered 69:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 69, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment, insert:
       Sec. 122. (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 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 and regulation, and shall be effective for any 
     payments made in fiscal year 1999.
       (c) The fair market value computation required under 
     subsection (a) shall be effective as of the date of the 
     acquisition of the parcels described is such subsection.
       And the Senate agree to the same.
       Amendment numbered 70:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 70, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 123. Assessment of Fees.--
       (a) Commission Funding.--Section 18(a) of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2717 (a)) is amended--
       (1) in paragraph (1), by striking ``class II gaming 
     activity'' and inserting ``gaming operation that conducts a 
     class II or class III gaming activity''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A)(i), by striking ``no less than 0.5 
     percent nor'' and inserting ``no''; and
       (B) in subparagraph (B), by striking ``$1,500,000'' and 
     inserting ``$8,000,000''.
       (C) nothing in subsection (a) of this section shall apply 
     to self-regulated tribes such as the Mississippi Band of 
     Choctaw.
       (b) Authorization of Appropriations.--Section 19 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2718) is amended--
       (1) in subsection (a), by striking ``such sums as may be 
     necessary'' and inserting ``for fiscal year 1998, and for 
     each fiscal year thereafter, an amount equal to the amount of 
     funds derived from the assessments authorized by section 
     18(a) for the fiscal year immediately preceding the fiscal 
     year involved,''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Notwithstanding section 18, there are authorized to 
     be appropriated to fund the operation of the Commission, 
     $2,000,000 for fiscal year 1998, and $2,000,000 for each 
     fiscal year thereafter. The amounts authorized to be 
     appropriated in the preceding sentence shall be in addition 
     to the amounts authorized to be appropriated under subsection 
     (a).''.
       And the Senate agree to the same.
       Amendment numbered 74:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 74, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 127. For the sole purpose of accessing park or other 
     authorized visitor services or facilities at, or originating 
     from, the public dock area at Bartlett Cove, the National 
     Park Service shall initiate a competitive process by which 
     the National Park Service shall allow one-entry per day for a 
     passenger ferry into Bartlett Cove from Juneau: Provided, 
     That any passenger ferry allowed entry pursuant to this Act 
     shall be subject to speed, distance from coast lines, and 
     other limitations imposed necessary to protect park 
     resources: Provided further, That nothing in this Act shall 
     be construed as constituting approval for entry into the 
     waters of Glacier Bay National Park and Preserve beyond the 
     immediate Bartlett Cove area as defined by a line extending 
     northeastward from Pt. Carolus to the west to the 
     southernmost point of Lester Island, absent required permits.
       And the Senate agree to the same.
       Amendment numbered 77:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 77, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 131. No funds provided in this or any other Act may be 
     expended for the promulgation of a proposed or final rule to 
     amend or replace the National Indian Gaming Commission's 
     definition regulations located at 25 CFR 502.7 and 502.8.
       And the Senate agree to the same.
       Amendment numbered 78:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 78, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 132. Notwithstanding any other provision of law, 
     hereafter the United States Fish and Wildlife Service may 
     disburse to local entities impact funding pursuant to Refuge 
     Revenue Sharing that is associated with Federal real property 
     transferred to the United States Geological Survey from the 
     United States Fish and Wildlife Service.
       And the Senate agree to the same.
       Amendment numbered 80:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 80, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 134. Conveyance of Certain Bureau of Land Management 
     Lands in Clark County, Nevada.--
       (a) Findings.--Congress finds that--
       (1) certain landowners who own property adjacent to land 
     managed by the Bureau of Land Management in the North Decatur 
     Boulevard area of Las Vegas, Nevada, bordering on North Las 
     Vegas, have been adversely affected by certain erroneous 
     private land surveys that the landowners believed were 
     accurate;
       (2) the landowners have occupied or improved their property 
     in good faith reliance on the erroneous surveys of the 
     properties;
       (3) the landowners believed that their entitlement to 
     occupancy was finally adjudicated by a Judgment and Decree 
     entered by the Eighth Judicial District Court of Nevada on 
     October 26, 1989;
       (4) errors in the private surveys were discovered in 
     connection with a dependent resurvey and section subdivision 
     conducted by the Bureau of Land Management in 1990, which 
     established accurate boundaries between certain federally 
     owned properties and private properties; and
       (5) the Secretary has authority to sell, and it is 
     appropriate that the Secretary should sell, based on an 
     appraisal of the fair market value as of December 1, 1982, 
     the properties described in section 2(b) to the adversely 
     affected landowners.
       (b) Conveyance of Properties.--
       (1) Purchase offers.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the city of Las Vegas, Nevada, on 
     behalf of the owners of real property located adjacent to the 
     properties described in paragraph (2), may submit to the 
     Secretary of the Interior, acting through the Director of the 
     Bureau of Land Management (referred to in this Act as the 
     ``Secretary''), a written offer to purchase the properties.
       (B) Information to accompany offer.--An offer under 
     subparagraph (A) shall be accompanied by--
       (i) a description of each property offered to be purchased;
       (ii) information relating to the claims of ownership of the 
     property based on an erroneous land survey; and
       (iii) such other information as the Secretary may require.
       (2) Description of Properties.--The properties described in 
     this paragraph, containing 37.36 acres, more or less, are--
       (A) Government lots 22, 23, 26, and 27 in sec. 18, T. 19 
     S., R. 61 E., Mount Diablo Meridian;
       (B) Government lots 20, 21, and 24 in sec. 19, T. 19 S., R. 
     61 E., Mount Diablo Meridian; and
       (C) Those lands encroached upon in Government lot 1 in sec. 
     24, T. 19 S., R. 60 E., Mount Diablo Meridian, containing 
     approximately 8 acres.
       (3) Conveyance.--
       (A) In general.--Subject to the condition stated in 
     subparagraph (B), the Secretary shall convey subject to valid 
     existing rights to the city of Las Vegas, Nevada, all right, 
     title, and interest of the United States in and to the 
     properties offered to be purchased under paragraph (1) on 
     payment by the city of the fair market value of the 
     properties, based on an appraisal of the fair market value as 
     of December 1, 1982, approved by the Secretary.
       (B) Condition.--Properties shall be conveyed under 
     subparagraph (A) subject to the condition that the city 
     convey the properties to the landowners who were adversely 
     affected by reliance on erroneous surveys as described in 
     subsection (a).
       And the Senate agree to the same.
       Amendment numbered 81:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 81, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 135. (a) Notwithstanding any other provision of law, 
     the Secretary of the Interior is directed to accept full 
     title to approximately 84 acres of land located in Prince 
     Georges County, Maryland, adjacent to Oxon Cove Park, and 
     bordered generally by the Potomac River, Interstate 295 and 
     the Woodrow Wilson Bridge, and in exchange therefor shall 
     convey to the Corrections Corporation of America all of the 
     interest of the United States in approximately 42 acres of 
     land located in Oxon Cove Park in the District of Columbia, 
     and bordered generally by Oxon Cove, Interstate 295 and the 
     District of Columbia Impound Lot.
       (b) The Secretary shall not acquire any lands under this 
     section if the Secretary determines tha the lands or any 
     portion thereof have become contaminated with hazardous 
     substances

[[Page H9007]]

     (as defined in the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9601)).
       (c) Notwithstanding any other provision of law, the United 
     States shall have no responsibility or liability with respect 
     to any hazardous wastes or other substances placed on any of 
     the lands covered by this section after their transfer to any 
     party, but nothing in this section shall be construed as 
     either diminishing or increasing any responsibility or 
     liability of the United States based on the condition of such 
     lands on the date of their transfer to the ownership of 
     another party: Provided, that the Corrections Corporation of 
     America shall indemnify the United States for liabilities 
     arising under the Comprehensive Environmental Response, 
     Compensation and Liability Act (42 U.S.C. 9601) and the 
     Resource Conservation Recovery Act (42 U.S.C. 9601, et seq.).
       (d) The properties so exchanged shall be equal in fair 
     market value or if they are not approximately equal, the 
     Corrections Corporation of America shall equalize the values 
     by the payment of cash to the Secretary and any such payments 
     shall be deposited to credit of ``Miscellaneous Trust Funds, 
     National Park Service'' and shall be available without 
     further appropriation until expended for the acquisition of 
     land within the National Park System. No equalization shall 
     be required if the value of the property received by the 
     Secretary is more than that transferred by the Secretary.
       (e) Costs of conducting necessary land surveys, preparing 
     the legal descriptions of the lands to be conveyed, 
     appraisals, deeds, other necessary documents, and 
     administrative costs shall be borne by the Corporation. The 
     required appraisals shall be conducted in accordance with 43 
     C.F.R. Sec. 2201.3-1, Sec. 2201.3-3 and Sec. 2201.3-4.
       (f) Following any exchange authorized by this provision, 
     the boundaries of the Park System of the Nation's Capital are 
     hereby amended to reflect the property added to and deleted 
     from that System.
       And the Senate agree to the same.
       Amendment numbered 82:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 82, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 136. The National Park Service shall, within 30 days 
     of enactment of this Act, begin negotiations with the 
     University of Alaska Fairbanks, School of Mineral 
     Engineering, to determine the compensation that shall be paid 
     by the National Park Service, within funds appropriated to 
     the National Park Service in this Act, or within unobligated 
     balances of funds appropriated in prior Appropriations Acts, 
     to the University of Alaska Fairbanks, School of Mineral 
     Engineering, for facilities, equipment, and interests owned 
     by the University that were destroyed by the Federal 
     Government at the Stampede Mine Site within the boundaries of 
     Denali National Park and Preserve: Provided, That if the 
     National Park Service and the University of Alaska Fairbanks, 
     School of Mineral Engineering, fail to reach a negotiated 
     settlement within 90 days of commencing negotiations, then 
     the National Park Service shall submit a formal request to 
     the Director of the Office of Hearings and Appeals, 
     Department of the Interior, for the purpose of entering into 
     third-party mediation to be conducted in accordance with the 
     Department of the Interior's final policy applicable to 
     alternative dispute resolution: Provided further, That any 
     payment made by the National Park Service to the University 
     of Alaska Fairbanks, School of Mineral Engineering, shall 
     fully satisfy the claims of the University of Alaska 
     Fairbanks, School of Mineral Engineering; and that the 
     University of Alaska Fairbanks, School of Mineral 
     Engineering, shall convey to the Secretary of the Interior 
     all property rights in such facilities, equipment and 
     interests: Provided further, That the Secretary of the Army 
     shall provide, at no cost, two six by six vehicles, in 
     excellent operating condition, or equivalent equipment to the 
     University of Alaska Fairbanks, School of Mineral 
     Engineering, and shall construct a bridge across the Bull 
     River to the Golden Zone Mine Site to allow ingress and 
     egress for the activities conducted by the School of Mineral 
     Engineering.
       And the Senate agree to the same.
       Amendment numbered 83:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 83, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $187,944,000; and the Senate agree to the same.
       Amendment numbered 84:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 84, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $161,237,000; and the Senate agree to the same.
       Amendment numbered 87:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 87, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $1,348,377,000; and the Senate agree to the same.
       Amendment numbered 88:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 88, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment amended as 
     follows: after the words ``design costs'' in said amendment 
     insert: : Provided further, That any such project must be 
     approved by the House and Senate Committees on Appropriations 
     in compliance with the reprogramming procedures contained in 
     House Report 105-163; and the Senate agree to the same.
       Amendment numbered 89:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 89, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $584,707,000; and the Senate agree to the same.
       Amendment numbered 90:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 90, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum named in said amendment insert: 
     $166,045,000; and the Senate agree to the same.
       Amendment numbered 93:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 93, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $52,976,000; and the Senate agree to the same.
       Amendment numbered 96:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 96, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $2,250,000; and the Senate agree to the same.
       Amendment numbered 97:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 97, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $750,000; and the Senate agree to the same.
       Amendment numbered 98:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 98, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       No funds appropriated under this or any other Act for the 
     purpose of operations conducted at the Forest Service Region 
     10 headquarters, including those funds identified for 
     centralized field costs for employees of this office, shall 
     be obligated or expended in excess of $17,500,000 from the 
     total funds appropriated for Region 10, without 60 days prior 
     notice to Congress. Funds appropriated by this Act to 
     implement the Revised Tongass National Forest Land Management 
     Plan, shall be spent and obligated at the Forest Supervisor 
     and Ranger District levels, with the exception of specific 
     management and oversight expenses, provided such expenses are 
     included in the funding ceiling of $17,500,000.
       And the Senate agree to the same.
       Amendment numbered 99:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 99, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $362,403,000; and the Senate agree to the same.
       Amendment numbered 101:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 101, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $611,723,000; and the Senate agree to the same.
       Amendment numbered 102:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 102, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $155,095,000; and the Senate agree to the same.
       Amendment numbered 103:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 103 and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $124,845,000; and the Senate agree to the same.
       Amendment numbered 104:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 104, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $30,250,000; and the Senate agree to the same.
       Amendment numbered 105:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 105, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment insert:


                      STRATEGIC PETROLEUM RESERVE

                     (INCLUDING TRANSFER OF FUNDS)

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to Energy Policy and Conservation Act of 
     1975, as amended (42 U.S.C. 6201 et. seq.), $207,500,000, to 
     remain available until expended, of which $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 $207,500,000 worth of oil from the Strategic 
     Petroleum Reserve: Provided further, That

[[Page H9008]]

     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.
       And the Senate agree to the same.
       Amendment numbered 108:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 108, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $1,841,074,000; and the Senate agree to the same.
       Amendment numbered 109:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 109, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $361,375,000; and the Senate agree to the same.
       Amendment numbered 110:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 110, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert: : 
     Provided further, That not to exceed $168,702,000 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 Indian Health Service prior to 
     fiscal year 1998, as authorized by the Indian Self-
     Determination Act of 1975, as amended; and the Senate agree 
     to the same.
       Amendment numbered 111:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 111, and agree to the same 
     with an amendment, as follows:
       Restore the matter stricken by said amendment, amended as 
     follows:
       In lieu of the sum named in the matter restored insert: 
     $257,538,000; and the Senate agree to the same.
       Amendment numbered 114:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 114, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $4,250,000; and the Senate agree to the same.
       Amendment numbered 115:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 115, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $333,408,000; and the Senate agree to the same.
       Amendment numbered 118:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 118, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $6,192,000; and the Senate agree to the same.
       Amendment numbered 121:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 121, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum named by said amendment insert: 
     $81,240,000 ; and the Senate agree to the same.
       Amendment numbered 124:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 124, and agree to the same 
     with an amendment, as follows:
       In lieu of the sum proposed by said amendment insert: 
     $23,280,000; and the Senate agree to the same.
       Amendment numbered 128:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 128, and agree to the same 
     with an amendment, as follows:
       Restore the matter stricken by said amendment amended to 
     read as follows:
       Sec. 316. Subsistence Hunting and Fishing in Alaska.--
       (a) Moratorium on Federal Management.--None of the funds 
     made available to the Department of the Interior or the 
     Department of Agriculture by this or any other Act hereafter 
     enacted may be used prior to December 1, 1998 to issue or 
     implement final regulations, rules, or policies pursuant to 
     Title VIII of the Alaska National Interest Lands Conservation 
     Act to assert jurisdiction, management, or control over the 
     navigable waters transferred to the State of Alaska pursuant 
     to the Submerged Lands Act of 1953 or the Alaska Statehood 
     Act of 1959.
       (b) Amendments to Alaska National Interest Lands 
     Conservation Act.--
       (1) Amendment of Anilca.--Except as otherwise expressly 
     provided, whenever in this subsection an amendment or repeal 
     is expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3101 et 
     seq.).
       (2) Definitions.--Section 102(2) (16 U.S.C. 3102(2)) is 
     amended to read as follows:
       ``(2) The term `Federal land' means lands the title to 
     which is in the United States after December 2, 1980. 
     ``Federal land'' does not include lands the title to which is 
     in the State, a Native Corporation, or other private 
     ownership.''.
       (3) Findings.-- Section 801 (16 U.S.C. 3111) is amended--
       (A) by inserting ``(a)'' immediately before ``The Congress 
     finds and declares'; and
       (B) by inserting at the end the following new subsection:
       ``(b) The Congress finds and declares further that--
       ``(1) subsequent to the enactment of this Act in 1980, the 
     subsistence law of the State of Alaska (AS 16.05) 
     accomplished the goals of Congress and requirements of this 
     Act in providing subsistence use opportunities for rural 
     residents of Alaska, both Native and non-Native;
       (2) the Alaska subsistence law was challenged in Alaska 
     courts, and the rural preference requirement in the law was 
     found in 1989 by the Alaska Supreme Court in McDowell v. 
     State of Alaska (785 P.2d 1, 1989) to violate the Alaska 
     Constitution;
       ``(3) since that time, repeated attempts to restore the 
     validity of the State law through an amendment to the Alaska 
     Constitution have failed, and the people of Alaska have not 
     been given the opportunity to vote on such an amendment;
       ``(4) in accordance with title VIII of this Act, the 
     Secretary of the Interior is required to manage fish and 
     wildlife for subsistence uses on all public lands in Alaska 
     because of the failure of State law to provide a rural 
     preference;
       ``(5) the Ninth Circuit Court of Appeals determined in 1995 
     in State of Alaska v. Babbitt (73 F.3d 698) that the 
     subsistence priority required on public lands under section 
     804 of this Act applies to navigable waters in which the 
     United States has reserved water rights as identified by the 
     Secretary of the Interior;
       ``(6) management of fish and wildlife resources by State 
     governments has proven successful in all 50 states, including 
     Alaska, and the State of Alaska should have the opportunity 
     to continue to manage such resources on all lands, including 
     public lands, in Alaska in accordance with this Act, as 
     amended; and
       (7) it is necessary to amend portions of this Act to 
     restore the original intent of Congress to protect and 
     provide for the continued opportunity for subsistence uses on 
     public lands for Native and non-Native rural residents 
     through the management of the State of Alaska.''.
       (4) Title viii definitions.--Section 803 (16 U.S.C. 3113) 
     is amended--
       (A) by striking ``and'' at the end of paragraph (1);
       (B) by striking the period and inserting a semicolon at the 
     end of paragraph (2); and
       (C) by inserting at the end the following new paragraphs:
       ``(3) `customary and traditional uses' means the 
     noncommercial, long-term, and consistent taking of, use of, 
     or reliance upon fish and wildlife in a specific area and the 
     patterns and practices of taking or use of that fish and 
     wildlife that have been established over a reasonable period 
     of time, taking into consideration the availability of the 
     fish and wildlife;
       ``(4) `customary trade' means, except for money sales of 
     furs and furbearers, the limited noncommercial exchange for 
     money of fish and wildlife or their parts in minimal 
     quantities; and
       ``(5) `rural Alaska resident' means a resident of a rural 
     community or area. A `rural community or area' means a 
     community or area substantially dependent on fish and 
     wildlife for nutritional and other subsistence uses.''.
       (5) Preference for subsistence uses.--Section 804 (16 
     U.S.C. 3114) is amended--
       (A) by inserting ``(a)'' immediately before the first 
     sentence; and
       (B) by inserting at the end the following new subsection:
       ``(b) The priority granted by this section is for a 
     reasonable opportunity to take fish and wildlife. For the 
     purposes of this subsection, the term `reasonable 
     opportunity' means an opportunity, consistent with customary 
     and traditional uses (as defined in section 803(3)), to 
     participate in a subsistence hunt or fishery with a 
     reasonable expectation of success, and does not mean a 
     guarantee that fish and wildlife will be taken.''.
       (6) Local and regional participation.--Section 805 (16 
     U.S.C. 3115) is amended--
       (A) in subsection (a) by striking ``one year after the date 
     of enactment of this Act,''; and
       (B) by amending subsection (d) to read as follows:
       ``(d)(1) Upon certification by the Secretary that the State 
     has enacted and implemented laws of general applicability 
     which are consistent with, and which provide for the 
     definition, preference, and participation specified in 
     sections 803, 804, and 805, the Secretary shall not implement 
     subsections (a), (b), and (c) of this section, and the State 
     may immediately assume management for the taking of fish and 
     wildlife on the public lands for subsistence uses pursuant to 
     this title. Upon assumption of such management by the State, 
     the Secretary shall not implement subsections (a), (b), and 
     (c) of this section unless a court of competent jurisdiction 
     determines that such laws have been repealed, modified, or 
     implemented in a way that is inconsistent with, or does not 
     provide for, the definition, preference, and participation 
     specified in sections 803, 804, and 805, or that the State 
     has failed to cure any such inconsistency after such 
     determination. The State laws shall otherwise supercede such 
     sections insofar as such sections govern State responsibility 
     pursuant to this title for the taking of fish and wildlife on 
     the public lands for subsistence uses. The Secretary may 
     bring a judicial action to enforce this subsection.
       ``(2)(A) Laws establishing a system of local advisory 
     committees and regional advisory councils consistent with 
     section 805 shall provide that the State rulemaking authority 
     shall consider the advice and recommendations of the regional 
     councils concerning the taking of fish and wildlife 
     populations on public lands within their respective regions 
     for subsistence uses.

[[Page H9009]]

     The regional councils may present recommendations, and the 
     evidence upon which such recommendations are based, to the 
     State rulemaking authority during the course of the 
     administrative proceedings of such authority. The State 
     rulemaking authority may choose not to follow any 
     recommendation which it determines is not supported by 
     substantial evidence presented during the course of its 
     administrative proceedings, violates recognized principles of 
     fish and wildlife conservation or would be detrimental to the 
     satisfaction of rural subsistence needs. If a recommendation 
     is not adopted by the State rulemaking authority, such 
     authority shall set forth the factual basis and the reasons 
     for its decision.
       ``(B) The members of each regional advisory council 
     established under this subsection shall be appointed by the 
     Governor of Alaska. Each council shall have ten members, four 
     of whom shall be selected from nominees who reside in the 
     region submitted by tribal councils in the region, and six of 
     whom shall be selected from nominees submitted by local 
     governments and local advisory committees. Three of these six 
     shall be subsistence users who reside in the subsistence 
     resource region and three shall be sport or commercial users 
     who may be residents of any subsistence resource region. 
     Regional council members shall have staggered terms of three 
     years in length, with no limit on the number of terms a 
     member may serve. A quorum shall be a majority of the members 
     of the council.''.
       (7) Judicial enforcement.--Section 807 (16 U.S.C. 3117) is 
     amended by inserting the following as subsection (b):
       ``(b) State agency actions may be declared invalid by the 
     court only if they are arbitrary, capricious, or an abuse of 
     discretion, or otherwise not in accordance with law. When 
     reviewing any action within the specialized knowledge of a 
     State agency, the court shall give the decision of the State 
     agency the same deference it would give the same decision of 
     a comparable federal agency.''.
       (8) Regulations.--Section 814 (16 U.S.C. 3124) is amended--
       (A) by inserting ``, and the State at any time the State 
     has complied with section 805(d)'' after ``Secretary''; and
       (B) by adding at the end the following new sentence: 
     ``During any time that the State has complied with section 
     805 (d), the Secretary shall not make or enforce regulations 
     implementing sections 805 (a), (b), or (c).''.
       (9) Limitations, savings clauses.--Section 815 (16 U.S.C. 
     3125) is amended--
       (A) by striking ``or'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting in lieu thereof a semicolon and ``or''; and
       (C) by inserting at the end the following new paragraph:
         ``(5) prohibiting the Secretary or the State from 
     entering into co-management agreements with Native 
     organizations or other local or regional entities when either 
     is managing fish and wildlife on public lands in Alaska for 
     subsistence uses.''.
       (c) Savings Clause.--No provision of this section, 
     amendment made by this section, or exercise of authority 
     pursuant to this section may be construed to validate, 
     invalidate, or in any way affect--
       (1) any assertion that a Native organization (including a 
     federally recognized tribe, traditional Native council, or 
     Native council organized pursuant to the Act of June 18, 1934 
     (25 U.S.C. 461 et seq.), as amended) has or does not have 
     governmental authority over lands (including management of, 
     or regulation of the taking of, fish and wildlife) or persons 
     within the boundaries of the State of Alaska;
       (2) any assertion that Indian country, as defined in 
     section 1151 of title 18, United States Code, exists or does 
     not exist within the boundaries of the State of Alaska;
       (3) any assertion that the Alaska National Interest Lands 
     Conservation Act, as amended, (16 U.S.C. 3101 et seq.) is or 
     is not Indian law; or
       (4) the authority of the Secretary of the Interior under 
     section 1314(c) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3202(c)).
       (d) Effective Date.--Unless and until laws are adopted in 
     the State of Alaska which provide for the definition, 
     preference, and participation specified in sections 803, 804, 
     and 805 of the Alaska National Interest Lands Conservation 
     Act (16 U.S.C. 3111 et seq.), the amendments made by 
     subsection (b) of this section shall be effective only for 
     the purposes of determining whether the State's laws provide 
     for such definition, preference, and participation. The 
     Secretary shall certify before December 1, 1998 if such laws 
     have been adopted in the State of Alaska. Subsection (b) 
     shall be repealed on such date if such laws have not been 
     adopted.
       And the Senate agree to the same.
       Amendment numbered 129:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 129, and agree to the same 
     with an amendment, as follows:
       Restore the matter stricken by said amendment amended to 
     read as follows:
       Sec. 317. Section 909(b)(2) of Division II, Title IX of 
     P.L. 104-333 is hereby amended to delete the sentence which 
     reads ``For technical assistance pursuant to section 908, not 
     more than $50,000 annually.''.
       And the Senate agree to the same.
       Amendment numbered 130:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 130, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment insert:
       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 that 
     exceeds the funding provided for these activities from this 
     Act during fiscal year 1997.
       And the Senate agree to the same.
       Amendment numbered 132:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 132, and agree to the same 
     with an amendment, as follows:
       Restore the matter stricken by said amendment, amended as 
     follows:
       Before the final period in the matter restored insert: ; 
     and amend section 315(c)(1), subsection (C) as follows: after 
     the words ``the Fish and Wildlife Service'', insert ``and the 
     National Park Service''; and the Senate agree to the same.
       Amendment numbered 134:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 134, and agree to the same 
     with an amendment, as follows:
       Restore the matter stricken by said amendment, amended to 
     read as follows:
       Sec. 323. (a) Prior to the completion of any decision 
     document or the making of any decision related to the final 
     Environmental Impact Statements (hereinafter ``final EISs'') 
     associated with the Interior Columbia Basin Ecosystem Project 
     (hereinafter the ``Project''), the Secretary of Agriculture 
     and the Secretary of the Interior shall prepare and submit to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a report that shall include:
       (1) a detailed description of any and all land and resource 
     management planning and policy or project decisions to be 
     made, by type and by the level of official responsible, and 
     the procedures for such decisions to be undertaken, by the 
     Forest Service, Bureau of Land Management, and Fish and 
     Wildlife Service pursuant to the National Forest Management 
     Act, Federal Land Policy and Management Act, Endangered 
     Species Act, National Environmental Policy Act and any other 
     applicable law in order to authorize and implement actions 
     affecting the environment on Federal lands within the 
     jurisdiction of either Secretary in the Project area that are 
     consistent with the final EISs;
       (2) a detailed estimation of the time and cost (for all 
     participating federal agencies) to accomplish each decision 
     described in paragraph (1), from the date of initiation of 
     preparations for, to the date of publication or announcement 
     of, the decision, including a detailed statement of the 
     source of funds for each such decision and any reprogramming 
     in fiscal year 1998;
       (3) estimated production of goods and services from each 
     unit of the Federal lands for the first 5 years during the 
     course of the decision making described in paragraph (1) 
     beginning with the date of publication of the applicable 
     final EIS; and
       (4) if the requirements described in paragraphs (1) through 
     (3) cannot be accomplished within the appropriations provided 
     in this Act, adjusted only for inflation, in subsequent 
     fiscal years and without any reprogramming of such 
     appropriations, provide a detailed description of the 
     decision making process that will be used to establish 
     priorities in accordance with such appropriations.
       (b) Using all research information available from the area 
     encompassed by the Project, the Secretaries, to the extent 
     practicable, shall analyze the economic and social 
     conditions, and culture and customs, of the communities at 
     the sub-basin level within the Project area and the impacts 
     the alternatives in the draft EISs will have on those 
     communities. This analysis shall be published on a schedule 
     that will allow a reasonable period of time for public 
     comment thereon prior to the close of the comment periods on 
     the draft EISs. The analysis, together with the response of 
     the Secretaries to the public comment, shall be incorporated 
     in the final EISs and, subject to subsection (a), subsequent 
     decisions related thereto.
       (c) Nothing in this section shall be construed as altering 
     or affecting in any manner any provision of applicable land 
     or resource management plans, PACFISH, INFISH, Eastside 
     screens, and other policies adopted by the Forest Service or 
     Bureau of Land Management prior to the date of enactment of 
     this Act to protect wildlife, watershed, riparian, and other 
     resources of the Federal lands.
       And the Senate agree to the same.
       Amendment numbered 136:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 136, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment amended to 
     read as follows:
       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 August 27, 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

[[Page H9010]]

     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 of Representatives by June 1, 
     1998.
       (d) Section 1004 of the Coast Guard Authorization Act of 
     1996 (Public Law 104-324, 110 Stat. 3956) is amended--
       (1) in subsection (a) by striking ``for use as a health or 
     social services facility'' and insert in lieu thereof ``for 
     sale or use other than for a facility for the provision of 
     health programs funded by the Indian Health Service (not 
     including any such programs operated by Ketchikan Indian 
     Corporation prior to 1993)';and
       (2) by striking subsection (c).
       And the Senate agree to the same.
       Amendment numbered 137:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 137 , and agree to the same 
     with an amendment, as follows:
       Restore the matter stricken by said amendment amended to 
     read as follows:
       Sec. 327. None of the funds made available by this Act may 
     be used to require any person to vacate real property where a 
     term is expiring under a use and occupancy reservation in 
     Sleeping Bear Dunes National Lakeshore until such time as the 
     National Park Service (NPS) indicates to the appropriate 
     Congressional Committees and the holders of these 
     reservations that it has sufficient funds to remove the 
     residence on that property within 90 days of that residence 
     being vacated. The NPS will provide at least 90 days notice 
     to the holders of expired reservations to allow them time to 
     leave the residence. The NPS will charge fair market value 
     rental rates while any occupancy continues beyond an expired 
     reservation. Reservation holders who stay beyond the 
     expiration date will also be required to pay for appraisals 
     to determine current fair market value rental rates, any 
     rehabilitation needed to ensure suitability for occupancy, 
     appropriate insurance, and all continuing utility costs.
       And the Senate agree to the same.
       Amendment numbered 138:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 138 , and agree to the same 
     with an amendment, as follows:
       Restore the matter stricken by said amendment, amended to 
     read as follows:
       Sec. 328. (a) None of the funds made available in this Act 
     or any other Act providing appropriations for the Department 
     of the Interior, the Forest Service or the Smithsonian 
     Institution may be used to submit nominations for the 
     designation of Biosphere Reserves pursuant to the Man and 
     Biosphere program administered by the United Nations 
     Educational, Scientific, and Cultural Organization.
       (b) The provisions of this section shall be repealed upon 
     enactment of subsequent legislation specifically authorizing 
     U.S. participation in the Man and Biosphere program.
       And the Senate agree to the same.
       Amendment numbered 142:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 142, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 333. No part of any appropriation contained in this 
     Act shall be expended or obligated to fund new revisions of 
     national forest land management plans until new final or 
     interim final rules for forest land management planning are 
     published in the Federal Register. Those national forests 
     which are currently in a revision process, having formally 
     published a Notice of Intent to revise prior to October 1, 
     1997, or having been court-ordered to revise, are exempt from 
     this section and may utilize funds in this Act and proceed to 
     complete the forest plan revision in accordance with current 
     forest planning regulations.
       And the Senate agree to the same.
       Amendment numbered 143:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 143, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 333. No part of any appropriation contained in this 
     Act shall be expended or obligated to complete and issue the 
     five year program under the Forest and Rangeland Renewable 
     Resources Planning Act.
       And the Senate agree to the same.
       Amendment numbered 144:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 144, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment amended as 
     follows: After ``fiscal year 1998'', delete ``and each year 
     thereafter''; and the Senate agree to the same.
       Amendment numbered 146:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 146, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment amended as 
     follows: After the word ``may'', delete the word 
     ``hereafter'', and insert in lieu thereof: ``, until 
     September 30, 2000,''; and the Senate agree to the same.
       Amendment numbered 150:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 150, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment amended to 
     read as follows:
       Sec. 340. (a) The Secretary of Agriculture is authorized 
     and directed to negotiate with Skamania County for the 
     exchange of lands or interests in lands constituting the Wind 
     River Nursery Site within the Gifford Pinchot National 
     Forest, Washington.
       (b) In return for the Nursery Site properties, Skamania 
     County is authorized and directed to negotiate with the 
     Forest Service the conveyance of approximately 120 acres of 
     high biodiversity, special management lands located near 
     Table Mountain within the Columbia River Gorge National 
     Scenic Area, title to which must be acceptable to the 
     Secretary of Agriculture.
       (c) Before this exchange can occur, it must be of equal 
     value and the Secretary and the Skamania County Board of 
     Commissioners must agree on the exact parcels of land to be 
     included in the exchange. An agreement signed by the 
     Secretary of Agriculture and the Skamania County Board of 
     Commissioners describing the properties involved and a 
     certification that the exchange is of equal value must be 
     completed no later than September 30, 1999.
       (d) During this two year negotiating period, the Wind River 
     Nursery property shall not be conveyed to another party. The 
     Forest Service shall maintain the site in a tenantable 
     condition.
       (e) Except as provided herein, the exchange shall be for 
     equal value in accordance with land exchange authorities 
     applicable to the National Forest System.
       (f) The Secretary is directed to equalize values by not 
     only cash and exchange of lands, easements, reservations, and 
     other interests in lands, but also by full value credit for 
     such services as Skamania County provides to the Gifford 
     Pinchot and Columbia River Gorge National Scenic Area and as 
     the Secretary and Skamania County deem appropriate. The 
     Secretary may accept services in lieu of cash when the 
     Secretary can discern cash value for the services and when 
     the Secretary determines such services would provide direct 
     benefits to lands and resources and users of such lands and 
     resources under the jurisdiction of the Secretary.
       (g) Any cash equalization which Skamania County elects to 
     make may be made up to 50 percent of the fair market value of 
     the Federal property, and such cash equalization may be made 
     in installments over a period not to exceed 25 years. 
     Payments received as partial consideration shall be deposited 
     into the fund in the Treasury established under the Act of 
     December 4, 1967, commonly known as the Sisk Act, and shall 
     be available for expenditure as provided in the Act except 
     that the Secretary may not use those funds to purchase lands 
     within Skamania County.
       (h) In defining the Federal estate to be conveyed, the 
     Secretary may require such additional terms and conditions as 
     deemed necessary in connection with assuring equal value and 
     public interest considerations in this exchange including, 
     but not limited to, continued research use of the Wind River 
     Experimental Forest and protection of natural, cultural, and 
     historic resources, existing administrative sites, and a 
     scenic corridor for the Pacific Crest National Scenic Trail.
       (i) This authorization is predicated on Skamania County's 
     Board of Commissioners commitment to give foremost 
     consideration to preservation of the overall integrity of the 
     site and conservation of the educational and research 
     potential of the Site, including providing for access to and 
     assurance of the continued administration and operation of 
     forestry research on the adjacent Thornton Munger Research 
     Natural Area.
       (j) The Secretary is further directed to cooperate with 
     Skamania County to address applicable Federal and State 
     environmental laws.
       (k) Notwithstanding the processes involved with the 
     National Environmental Policy Act and the State Environmental 
     Policy Act, should the Secretary of Agriculture and the 
     Skamania County Board of Commissioners fail to reach an 
     agreement on an equal value exchange defined under the terms 
     of this legislation by September 30, 1999, the Wind River 
     Nursery Site shall remain under Forest Service ownership and 
     be maintained by the Forest Service in a tenantable 
     condition.
       And the Senate agree to the same.
       Amendment numbered 151:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 151, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 341. The National Wildlife Refuge in Jasper and Marion 
     Counties, Iowa, authorized in Public Law 101-302 shall be 
     referred to in any law, regulation, documents or record of 
     the United States in which such project is referred to, as 
     the Neal Smith National Wildlife Refuge.
       And the Senate agree to the same.
       Amendment numbered 152:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 152, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment amended as 
     follows:
       After ``July 1997'' in said amendment insert: ``and issuing 
     a Record of Decision''; and the Senate agree to the same.
       Amendment numbered 153:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 153, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 343. The Secretary of Agriculture shall hereafter 
     phase in, over a 3 year period in equal annual installments, 
     that portion of the fee increase for a recreation residence 
     special use permit holder which is more than 100 percent of 
     the previous year's fee, provided that no recreation

[[Page H9011]]

     residence fee may be increased any sooner than one year from 
     the time the permittee has been notified by the Forest 
     Service of the results of an appraisal which has been 
     conducted for the purpose of establishing such fees: 
     Provided, That no increases in recreation residence fees on 
     the Sawtooth National Forest will be implemented prior to 
     January 1, 1999.
       And the Senate agree to the same.
       Amendment numbered 156:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 156, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment, amended as 
     follows:
       At the end of the amendment insert:
       (c) In providing services and awarding financial assistance 
     under the National Foundation on the Arts and Humanities Act 
     of 1965 with funds appropriated by this Act, the Chairperson 
     of the National Endowment for the Arts shall ensure that 
     priority is given to providing services or awarding financial 
     assistance for projects, productions, workshops, or programs 
     that will encourage public knowledge, education, 
     understanding, and appreciation of the arts.
       (d) With funds appropriated by this Act to carry out 
     section 5 of the National Foundation on the Arts and 
     Humanities Act of 1965--
       (1) the Chairperson shall establish a grant category for 
     projects, productions, workshops, or programs that are of 
     national impact or availability or are able to tour several 
     States;
       (2) the Chairperson shall not make grants exceeding 15 
     percent, in the aggregate, of such funds to any single State, 
     excluding grants made under the authority of paragraph (1); 
     and
       (3) the Chairperson shall report to the Congress annually 
     and by State, on grants awarded by the Chairperson in each 
     grant category under section 5 of such Act.
       (e) Section 6(b) of the National Foundation on the Arts and 
     the Humanities Act of 1965 (20 U.S.C. 955(b)) is amended to 
     read as follows:
       ``(b) Appointment and Composition of Council.--(1) The 
     Council shall be composed of members as follows:
       ``(A) The Chairperson of the National Endowment for the 
     Arts, who shall be the chairperson of the Council.
       ``(B) Members of Congress appointed for a 2 year term 
     beginning on January 1 of each odd-numbered year as follows:
       ``(i) 2 Members of the House of Representatives appointed 
     by Speaker of the House of Representatives.
       ``(ii) 1 Member of the House of Representatives appointed 
     by the Minority Leader of the House of Representatives.
       ``(iii) 2 Senators appointed by the Majority Leader of the 
     Senate.
       ``(iv) 1 Senator appointed by the Minority Leader of the 
     Senate.

     Members of the Council appointed under this subparagraph 
     shall serve ex-officio and shall be nonvoting members of the 
     Council.
       ``(C) 14 members appointed by the President, by and with 
     the advice and consent of the Senate, who shall be selected--
       ``(i) from among private citizens of the United States 
     who--
       ``(I) are widely recognized for their broad knowledge of, 
     or expertise in, or for their profound interest in, the arts; 
     and
       ``(II) have established records of distinguished service, 
     or achieved eminence, in the arts;
       ``(ii) so as to include practicing artists, civic cultural 
     leaders, members of the museum profession, and others who are 
     professionally engaged in the arts; and
       ``(iii) so as collectively to provide an appropriate 
     distribution of membership among major art fields and 
     interested citizens groups.

     In making such appointments, the President shall give due 
     regard to equitable representation of women, minorities, and 
     individuals with disabilities who are involved in the arts 
     and shall make such appointments so as to represent equitably 
     all geographical areas in the United States.
       ``(2) Transition to the New Council Composition.--
       ``(A) Notwithstanding paragraph (b)(1)(B), members first 
     appointed pursuant to such paragraph shall be appointed not 
     later than December 31, 1997. Notwithstanding such paragraph, 
     such members shall be appointed to serve until December 31, 
     1998.
       ``(B) Members of the Council serving on the effective date 
     of this subsection may continue to serve on the Council until 
     their current terms expire and new Members shall not be 
     appointed under subsection (b)(1)(C) until the number of 
     Presidentially appointed members is less than 14.''.
       (f) Section 6(c) of the National Foundation on the Arts and 
     the Humanities Act of 1965 (20 U.S.C. 955(c)) is amended--
       (1) by inserting ``appointed under subsection (b)(1)(C)'' 
     after ``member'' each place it appears, and
       (2) in the second sentence by inserting ``appointed under 
     subsection (b)(1)(C)'' after ``members''.
       And the Senate agree to the same.
       Amendment numbered 157:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 157, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment, amended to 
     read as follows:
       Sec. 347. No timber sale in Region 10 shall be advertised 
     which, when using domestic Alaska western red cedar selling 
     values and manufacturing costs, fails to provide at least 60 
     percent of normal profit and risk of the appraised timber, 
     except at the written request by a prospective bidder. 
     Program accomplishments shall be based on volume sold. Should 
     Region 10 sell, in fiscal year 1998, the annual average 
     portion of the decadal allowable sale quantity called for in 
     the current Tongass Land Management Plan which provides 
     greater than 60 percent of normal profit and risk at the time 
     of the sale advertisement, all of the western red cedar 
     timber from those sales which is surplus to the needs of 
     domestic processors in Alaska, shall be made available to 
     domestic processors in the contiguous 48 United States at 
     domestic rates. Should Region 10 sell, in fiscal year 1998, 
     less than the annual average portion of the decadal allowable 
     sale quantity called for in the current Tongass Land 
     Management Plan meeting the 60 percent of the normal profit 
     and risk standard at the time of advertisement, the volume of 
     western red cedar available to domestic processors at 
     domestic rates in the contiguous 48 states shall be that 
     volume: (i) which is surplus to the needs of domestic 
     processors in Alaska and (ii) is that percent of the surplus 
     western red cedar volume determined by calculating the ratio 
     of the total timber volume which has been sold on the Tongass 
     to the annual average portion of the decadal allowable sale 
     quantity called for in the current Tongass Land Management 
     Plan. All additional western red cedar volume not sold to 
     Alaska or contiguous 48 United States domestic processors may 
     be exported and sold at export rates at the election of the 
     timber sale holder. All Alaska yellow cedar may be sold at 
     export rates at the election of the timber sale holder.
       And the Senate agree to the same.
       Amendment numbered 158:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 158, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment insert:
       Sec. 348. None of the funds in this Act may be used for 
     planning, design or construction of improvements to 
     Pennsylvania Avenue in front of the White House without the 
     advance approval of the House and Senate Committees on 
     Appropriations.
       And the Senate agree to the same.
       Amendment numbered 162:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 162, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter stricken by said amendment insert:

        TITLE IV--ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND

       (a) One half of the amounts awarded by the Supreme Court to 
     the United States in the case of United States of America v. 
     State of Alaska (117 S.Ct. 1888) shall be deposited in a fund 
     in the Treasury of the United States to be known as the 
     ``Environmental Improvement and Restoration Fund'' (referred 
     to in this section as the ``Fund'').
       (b) Investments.--
       (1) In general.--The Secretary of the Treasury shall invest 
     amounts in the Fund in interest bearing obligations of the 
     United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligations acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest earned from investments 
     of the Fund shall be covered into and form a part of the 
     Fund.
       (c) Transfer and Availability of Amounts Earned.-- Each 
     year, interest earned and covered into the Fund in the 
     previous fiscal year shall be available for appropriation, to 
     the extent provided in the subsequent appropriations Acts, as 
     follows:
       (1) 80 percent of such amounts shall be made available to 
     be equally divided among the Directors of the National Park 
     Service, the U.S. Fish and Wildlife Service, the Bureau of 
     Land Management, and the Chief of the Forest Service for high 
     priority deferred maintenance and modernization of facilities 
     that directly enhance the experience of visitors, including 
     natural, cultural, recreational, and historic resources 
     protection projects in National Parks, National Wildlife 
     Refuges, and the public lands respectively as provided in 
     subsection (d) and for payment to the State of Louisiana and 
     its lessees for oil and gas drainage in the West Delta field. 
     The Secretary shall submit with the annual budget submission 
     to Congress a list of high priority maintenance and 
     modernization projects for Congressional consideration.
       (2) 20 percent of such amounts shall be made available to 
     the Secretary of Commerce for the purpose of carrying out 
     marine research activities in the North Pacific in accordance 
     with subsection (e).
       (d) Projects.--A project referred to in paragraph (c)(1) 
     shall be consistent with the laws governing the National Park 
     System, the National Wildlife Refuge System, the public lands 
     and Forest Service lands and management plan for such unit.
       (e) Marine Research Activities.--(1) Funds available under 
     subsection (C)(2) shall be used by the Secretary of Commerce 
     according to this subsection to provide grants to Federal, 
     State, private or foreign organizations or individuals to 
     conduct research activities on or relating to the fisheries 
     or marine ecosystems in the north Pacific Ocean, Bering Sea, 
     and Arctic Ocean (including any lesser related bodies of 
     water).
       (2) Research priorities and grant requests shall be 
     reviewed and recommended for Secretarial approval by a board 
     to be known as the

[[Page H9012]]

     North Pacific Research Board (referred to in this subsection 
     as the ``Board''). The Board shall seek to avoid duplicating 
     other research activities, and shall place a priority on 
     cooperative research efforts designed to address pressing 
     fishery management or marine ecosystem information needs.
       (3) The Board shall be comprised of the following 
     representatives or their designees--
       (A) the Secretary of Commerce, who shall be a co-chair of 
     the Board;
       (B) the Secretary of State;
       (C) the Secretary of the Interior;
       (D) the Commandant of the Coast Guard;
       (E) the Director of the Office of Naval Research;
       (F) the Alaska Commissioner of Fish and Game, who shall 
     also be a co-chair of the Board;
       (G) the Chairman of the North Pacific Fishery Management 
     Council;
       (H) the Chairman of the Arctic Research Commission;
       (I) the Director of the Oil Spill Recovery Institute;
       (J) the Director of the Alaska SeaLife Center;
       (K) five members nominated by the Governor of Alaska and 
     appointed by the Secretary of Commerce, one of whom shall 
     represent fishing interests, one of whom shall represent 
     Alaska Natives, one of whom shall represent environmental 
     interests, one of whom shall represent academia, and one of 
     whom shall represent oil and gas interests;
       (L) three members nominated by the Governor of Washington 
     and appointed by the Secretary of Commerce; and
       (M) one member nominated by the Governor of Oregon and 
     appointed by the Secretary of Commerce.

     The members of the Board shall be individuals knowledgeable 
     by education, training, or experience regarding fisheries or 
     marine ecosystems in the north Pacific Ocean, Bering Sea, or 
     Arctic Ocean. Three nominations shall be submitted for each 
     member to be appointed under subparagraphs (K), (L), and (M). 
     Board members appointed under subparagraphs (K), (L), and (M) 
     shall serve for three year terms, and may be reappointed.
       (4)(A) The Secretary of Commerce shall review and 
     administer grants recommended by the Board. If the Secretary 
     does not approve a grant recommended by the board, the 
     Secretary shall explain in writing the reasons for not 
     approving such grant, and the amount recommended to be used 
     for such grant shall be available only for other grants 
     recommended by the Board.
       (B) Grant recommendations and other decisions of the Board 
     shall be by majority vote, with each member having one vote. 
     The Board shall establish written criteria for the submission 
     of grant requests through a competitive process and for 
     deciding upon the award of grants. Grants shall be 
     recommended by the Board on the basis of merit in accordance 
     with the priorities established by the Board. The Secretary 
     shall provide the Board such administrative and technical 
     support as is necessary for the effective functioning of the 
     Board. The Board shall be considered an advisory panel 
     established under section 302(g) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.) for the purposes of section 302(i)(1) of such Act, and 
     the other procedural matters applicable to advisory panels 
     under section 302(i) of such Act shall apply to the Board to 
     the extent practicable. Members of the Board may be 
     reimbursed for actual expenses incurred in performance of 
     their duties for the Board. Not more than 5 percent of the 
     funds provided to the Secretary of Commerce under paragraph 
     (10 may be used to provide support for the Board and 
     administer grants under this subsection.
       (f) Sunset.--If amounts are not assumed by the concurrent 
     budget resolution and appropriated from the Fund by December 
     15, 1998, the Fund shall terminate and the amounts in the 
     Fund including the accrued interest shall be applied to 
     reduce the Federal deficit.
       And the Senate agree to the same.
       Amendment numbered 163:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 163, and agree to the same 
     with an amendment, as follows:
       In lieu of the matter proposed by said amendment, insert:

  TITLE V--PRIORITY LAND ACQUISITIONS, LAND EXCHANGES, AND MAINTENANCE

       For priority land acquisitions, land exchange agreements, 
     other activities consistent with the Land and Water 
     Conservation Fund Act of 1965, as amended, and critical 
     maintenance to be conducted by the Bureau of Land Management, 
     the United States Fish and Wildlife Service, the National 
     Park Service and the Forest Service, $699,000,000, to be 
     derived from the Land and Water Conservation Fund 
     notwithstanding any other provision of law, to remain 
     available until September 30, 2001, of which $167,000,000 is 
     available to the Secretary of Agriculture and $532,000,000 is 
     available to the Secretary of the Interior: Provided, That of 
     the funds made available to the Secretary of Agriculture, not 
     to exceed $65,000,000 may be used to acquire interests to 
     protect and preserve Yellowstone National Park, pursuant to 
     the terms and conditions set forth in sections 502 and 504 of 
     this title, and $12,000,000 may be used for the 
     rehabilitation and maintenance of the Beartooth Highway 
     pursuant to section 502 of this title: Provided further, That 
     of the funds made available to the Secretary of the Interior, 
     not to exceed $250,000,000 may be used to acquire interests 
     to protect and preserve the Headwaters Forest, pursuant to 
     the terms and conditions set forth in sections 501 and 504 of 
     this title, and $10,000,000 may be used for a direct payment 
     to Humboldt County, California pursuant to section 501 of 
     this title: Provided further, That the Secretary of the 
     Interior and the Secretary of Agriculture, after consultation 
     with the heads of the Bureau of Land Management, the United 
     States Fish and Wildlife Service, the National Park Service 
     and the Forest Service, shall, in fiscal year 1998 and each 
     of the succeeding three fiscal years, jointly submit to 
     Congress a report listing the lands and interests in land 
     that the Secretaries propose to acquire or exchange and the 
     maintenance requirements they propose to address using funds 
     provided under this heading for purposes other than the 
     purposes of sections 501 and 502 of this title: Provided 
     further, That none of the funds appropriated under this 
     heading for purposes other than the purposes of sections 501 
     and 502 of this title shall be available until the House 
     Committee on Appropriations and the Senate Committee on 
     Appropriations approve, in writing, a list of projects to be 
     undertaken with such funds: Provided further, That monies 
     provided in this title, when combined with monies provided by 
     other titles in this Act, shall, for the purposes of section 
     205(a) of H. Con. Res. 84 (105th Congress), be considered to 
     provide $700,000,000 in budget authority for fiscal year 1998 
     for Federal land acquisitions and to finalize priority land 
     exchanges.
       Sec. 501. Headwaters Forest and Elk River Property 
     Acquisition.--
       (a) Authorization.--Subject to the terms and conditions of 
     this section, up to $250,000,000 from the Land and Water 
     Conservation Fund is authorized to be appropriated to acquire 
     lands referenced in the Agreement of September 28, 1996, 
     which consist of approximately 4,500 acres commonly referred 
     to as the ``Headwaters Forest'', approximately 1,125 acres 
     referred to as the ``Elk Head Forest'', and approximately 
     9,600 acres referred to as the ``Elk River Property'', which 
     are located in Humboldt County, California. This section is 
     the sole authorization for the acquisition of such property, 
     which is the subject of the Agreement dated September 28, 
     1996 between the United States of America (hereinafter 
     ``United States''), the State of California, MAXXAM, Inc., 
     and the Pacific Lumber Company. Of the entire Elk River 
     Property, the United States and the State of California are 
     to retain approximately 1,845 acres and transfer the 
     remaining approximately 7,755 acres of Elk River Property to 
     the Pacific Lumber Company. The property to be acquired and 
     retained by the United States and the State of California is 
     that property that is the subject of the Agreement of 
     September 28, 1996 as generally depicted on maps labeled as 
     sheets 1 through 7 of Township 3 and 4 North, Ranges 1 East 
     and 1 West, of the Humboldt Meridian, California, titled 
     ``Dependent Resurvey and Tract Survey'', as approved by Lance 
     J. Bishop, Chief Cadastral Surveyor--California, on August 
     29, 1997. Such maps shall be on file in the Office of the 
     Chief Cadastral Surveyor, Bureau of Land Management, 
     Sacramento, California. The Secretary of the Interior is 
     authorized to make such typographical and other corrections 
     to this description as are mutually agreed upon by the 
     parties to the Agreement of September 28, 1996. The land 
     retained by the United States and the State of California 
     (approximately 7,470 acres) shall hereafter be the 
     ``Headwaters Forest''. Any funds appropriated by the Federal 
     government to acquire lands or interests in lands that 
     enlarge the Headwaters Forest by more than five acres per 
     each acquisition shall be subject to specific authorization 
     enacted subsequent to this Act, except that such funds may be 
     used pursuant to existing authorities to acquire such lands 
     up to five acres per each acquisition or interests in lands 
     that may be necessary for roadways to provide access to the 
     Headwaters Forest.
       (b) Effective Period of Authorization.--The authorization 
     in subsection (a) expires March 1, 1999 and shall become 
     effective only--
       (1) when the State of California provides a $130,000,000 
     contribution for the transaction;
       (2) when the State of California approves a Sustained Yield 
     Plan covering Pacific Lumber Company timber property;
       (3) when the Pacific Lumber Company dismisses the following 
     legal actions as evidenced by instruments in form and 
     substance satisfactory to each of the parties to such legal 
     actions: Pacific Lumber Co. v. United States, No. 96-257L 
     (Fed. Cls.) and Salmon Creek Corp. v. California Board of 
     Forestry, No. 96-CS-1057 (Cal. Super. Ct.);
       (4) when the incidental take permit under Section 10(a) of 
     the Endangered Species Act (based upon a multi-species 
     Habitat Conservation Plan covering Pacific Lumber Company 
     timber property, including applicable portions of the Elk 
     River Property) is issued by the United States Fish and 
     Wildlife Service and the National Marine Fisheries Service;
       (5) after an appraisal of all lands and interests therein 
     to be acquired by the United States has been undertaken, such 
     appraisal has been reviewed for a period not to exceed 30 
     days by the Comptroller General of the United States, and 
     such appraisal has been provided to the Committee on 
     Resources of the House of Representatives, the Committee on 
     Energy and Natural Resources of the Senate, and the 
     Committees on Appropriations of the House and Senate;
       (6) after the Secretary of the Interior issues an opinion 
     of value to the Committee on Resources of the House of 
     Representatives, the Committee on Energy and Natural 
     Resources of the Senate, and the Committees on Appropriations 
     of the House and Senate for the land and property to be 
     acquired by the Federal government. Such opinion of value 
     shall also include the total value of all compensation 
     (including tax benefits) proposed to be provided for the 
     acquisition;
       (7) after an environmental impact statement for the 
     proposed Habitat Conservation Plan has been prepared and 
     completed in accordance with the applicable provisions of the 
     National Environmental Policy Act of 1969; and

[[Page H9013]]

       (8) when adequate provision has been made for public access 
     to the property.
       (c) Notwithstanding any other provision of law, the amount 
     paid by the United States to acquire identified lands and 
     interests in lands referred to in section 501(a) may differ 
     from the value contained in the appraisal required by section 
     501(b)(5) if the Secretary of the Interior certifies, in 
     writing, to Congress that such action is in the best interest 
     of the United States.
       (d) Habitat Conservation Plan.
       (1) Applicable standards.--Within 60 days after the 
     enactment of this section, the Secretary of the Interior and 
     the Secretary of Commerce shall report to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Resources of the House of Representatives on the 
     scientific and legal standards and criteria for threatened, 
     endangered, and candidate species under the Endangered 
     Species Act and any other species used to develop the habitat 
     conservation plan (hereinafter ``HCP'') and the section 10(a) 
     incidental take permit for the Pacific Lumber Company land.
       (2) Report.--If the Pacific Lumber Company submits an 
     application for an incidental take permit under section 10(a) 
     of the Endangered Species Act for the transaction authorized 
     by subsection (a), and the permit is not issued, then the 
     U.S. Fish and Wildlife Service and the National Marine 
     Fisheries Service shall set forth the substantive rationale 
     or rationales for why the measures proposed by the applicant 
     for such permit did not meet the issuance criteria for the 
     species at issue. Such report shall be submitted to the 
     Congress within 60 days of the decision not to issue such 
     permit or by May 1, 1999, whichever is earlier.
       (3) HCP standards.--If a section 10(a) permit for the 
     Pacific Lumber Company HCP is issued, it shall be deemed to 
     be unique to the circumstances associated with the 
     acquisition authorized by this section and shall not 
     establish a higher or lesser standard for any other multi-
     species HCPs than would otherwise be established under 
     existing law.
       (e) Payment to Humboldt County.--Within 30 days of the 
     acquisition of the Headwaters Forest, the Secretary of the 
     Interior shall provide a $10,000,000 direct payment to 
     Humboldt County, California.
       (f) Payment in Lieu of Taxes.--The Federal portion of the 
     Headwaters Forest acquired pursuant to this section shall be 
     entitlement land under section 6905 of title 31 of the United 
     States Code.
       (g) Out-Year Budget Limitations.--The following funding 
     limitations and parameters shall apply to the Headwaters 
     Forest acquired under subsection (a)--
       (1) At least fifty percent of the total funds for 
     management of such lands above the annual level of $100,000 
     shall (with the exception of law enforcement activities and 
     emergency activities) be from non-federal sources.
       (2) Subject to appropriations, the authorized annual 
     federal funding for management of such land is $300,000 (with 
     the exception of law enforcement activities and emergency 
     activities).
       (3) The Secretary of the Interior or the Headwaters Forest 
     Management Trust referenced in subsection (h) is authorized 
     to accept and use donations of funds and personal property 
     from the State of California, private individuals, and other 
     non-governmental entities for the purpose of management of 
     the Headwaters Forest.
       (h) Headwaters Forest Management Trust.--The Secretary of 
     the Interior is authorized, with the written concurrence of 
     the Governor of the State of California, to establish a 
     Headwaters Forest Management Trust (``Trust'') for the 
     management of the Headwaters Forest as follows:
       (1) Management Authority.--The Secretary of the Interior is 
     authorized to vest management authority and responsibility in 
     the Trust composed of a board of five trustees each appointed 
     for terms of three years. Two trustees shall be appointed by 
     the Governor of the State of California. Three trustees shall 
     be appointed by the President of the United States. The first 
     set of trustees shall be appointed within 60 days of 
     exercising the authority under this subsection and the terms 
     of the trustees shall begin on such day. The Secretary of the 
     Interior, the Secretary of Resources of the State of 
     California, and the Chairman of the Humboldt County Board of 
     Supervisors shall be non-voting, ex officio members of the 
     board of trustees. The Secretary is authorized to make grants 
     to the Trust for the management of the Headwaters Forest from 
     amounts authorized and appropriated.
       (2) Operations.--The Trust shall have the power to develop 
     and implement the management plan for the Headwaters Forest.
       (i) Management Plan.--
       (1) In general--A concise management plan for the 
     Headwaters Forest shall be developed and periodically amended 
     as necessary by the Secretary of the Interior in consultation 
     with the State of California (and in the case that the 
     authority provided in subsection (h) is exercised, the 
     trustees shall develop and periodically amend the management 
     plan), and shall meet the following requirements:
       (A) Management goals for the plan shall be to conserve and 
     study the land, fish, wildlife, and forests occurring on such 
     land while providing public recreation opportunities and 
     other management needs.
       (B) Before a management structure and management plan are 
     adopted for such land, the Secretary of the Interior or the 
     board of trustees, as the case may be, shall submit a 
     proposal for the structure and plan to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Resources of the House of Representatives. The proposed 
     management plan shall not become effective until the passage 
     of 90 days after its submission to the Committees.
       (C) The Secretary of the Interior or the board of trustees, 
     as the case may be, shall report annually to the Committee on 
     Energy and Natural Resources of the Senate, the Committee on 
     Resources of the House of Representatives, and the House and 
     Senate Committees on Appropriations concerning the management 
     of lands acquired under the authority of this section and 
     activities undertaken on such lands.
       (2) Plan.--The management plan shall guide general 
     management of the Headwaters Forest. Such plan shall address 
     the following management issues--
       (A) scientific research on forests, fish, wildlife, and 
     other such activities that will be fostered and permitted on 
     the Headwaters Forest;
       (B) providing recreation opportunities on the Headwaters 
     Forest;
       (C) access to the Headwaters Forest;
       (D) construction of minimal necessary facilities within the 
     Headwaters Forest so as to maintain the ecological integrity 
     of the Headwaters Forest;
       (E) other management needs; and
       (F) an annual budget for the management of the Headwaters 
     Forest, which shall include a projected revenue schedule 
     (such as fees for research and recreation) and projected 
     expenses.
       (3) Compliance.--The National Environmental Policy Act 
     shall apply to the development and implementation of the 
     management plan.
       (j) Cooperative Management.--
       (1) The Secretary of the Interior may enter into agreements 
     with the State of California for the cooperative management 
     of any of the following: Headwaters Forest, Redwood National 
     Park, and proximate state lands. The purpose of such 
     agreements is to acquire from and provide to the State of 
     California goods and services to be used by the Secretary and 
     the State of California in cooperative management of lands if 
     the Secretary determines that appropriations for that purpose 
     are available and an agreement is in the best interests of 
     the United States; and
       (2) an assignment arranged by the Secretary under section 
     3372 of title 5, United States Code, of a Federal or state 
     employee for work in any Federal or State of California 
     lands, or an extension of such assignment, may be for any 
     period of time determined by the Secretary or the State of 
     California, as appropriate, to be mutually beneficial.
       Sec. 502. Protection and Preservation of Yellowstone 
     National Park--Acquisition of Crown Butte Mining Interests.--
       (a) Authorization.--Subject to the terms and conditions of 
     this section, up to $65,000,000 from the Land and Water 
     Conservation Fund is authorized to be appropriated to acquire 
     identified lands and interests in lands referred to in the 
     Agreement of August 12, 1996 to protect and preserve 
     Yellowstone National Park.
       (b) Conditions of Acquisition Authority.--The Secretary of 
     Agriculture may not acquire the District Property until:
       (1) the parties to the Agreement have entered into and 
     lodged with the United States District Court for the District 
     of Montana a consent decree as required under the Agreement 
     that requires, among other things, Crown Butte to perform 
     response or restoration actions (or both) or pay for such 
     actions in accordance with the Agreement;
       (2) an appraisal of the District Property has been 
     undertaken, such appraisal has been reviewed for a period not 
     to exceed 30 days by the Comptroller General of the United 
     States, and such appraisal has been provided to the Committee 
     on Resources of the House of Representatives, the Committee 
     on Energy and Natural Resources of the Senate, and the House 
     and Senate Committees on Appropriations;
       (3) after the Secretary of Agriculture issues an opinion of 
     value to the Committee on Resources of the House of 
     Representatives, the Committee on Energy and Natural 
     Resources of the Senate, and the House and Senate Committees 
     on Appropriations for the land and property to be acquired by 
     the Federal government; and
       (4) the applicable requirements of the National 
     Environmental Policy Act have been met.
       (c) Notwithstanding any other provision of law, the amount 
     paid by the United States to acquire identified lands and 
     interests in lands referred to in the Agreement of August 12, 
     1996 to protect and preserve Yellowstone National Park may 
     exceed the value contained in the appraisal required by 
     section 502(b)(2) if the Secretary of Agriculture certifies, 
     in writing, to Congress that such action is in the best 
     interest of the United States.
       (d) Deposit in Account.--Immediately upon receipt of 
     payments from the United States, Crown Butte shall deposit 
     $22,500,000 in an interest bearing account in a private, 
     federally chartered financial institution that, in accordance 
     with the Agreement, shall be--
       (1) acceptable to the Secretary of Agriculture; and
       (2) available to carry out response and restoration 
     actions.
       The balance of amounts remaining in such account after 
     completion of response and restoration actions shall be 
     available to the Secretary of Agriculture for use in the New 
     World Mining District for any environmentally beneficial 
     purpose otherwise authorized by law.
       (e) Maintenance and Rehabilitation of Beartooth Highway.--
       (1) Maintenance.--The Secretary of Agriculture shall, 
     consistent with the funds provided herein, be responsible 
     for--
       (A) snow removal on the Beartooth Highway from milepost 0 
     in Yellowstone National Park, into and through Wyoming, to 
     milepost 43.1 on the border between Wyoming and Montana; and
       (B) pavement preservation, in conformance with a pavement 
     preservation plan, on the Beartooth Highway from milepost 8.4 
     to milepost 24.5.
       (2) Rehabilitation.--The Secretary of Agriculture shall be 
     responsible for conducting rehabilitation and minor widening 
     of the portion of

[[Page H9014]]

     the Beartooth Highway in Wyoming that runs from milepost 24.5 
     to milepost 43.1.
       (3) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Agriculture--
       (A) for snow removal and pavement preservation under 
     paragraph (1), $2,000,000; and
       (B) for rehabilitation under paragraph (2), $10,000,000.
       (4) Availability of funds.--Within 30 days of the 
     acquisition of lands and interests in lands pursuant to this 
     section, the funds authorized in subsection (e)(3) and 
     appropriated herein for that purpose shall be made available 
     to the Secretary of Agriculture.
       (f) Response and Restoration Plan.--The Administrator of 
     the Environmental Protection Agency and the Secretary of 
     Agriculture shall approve or prepare a plan for response and 
     restoration activities to be undertaken pursuant to the 
     Agreement and a quarterly accounting of expenditures made 
     pursuant to such plan. The plan and accountings shall be 
     transmitted to the Committee on Resources of the House of 
     Representatives, the Senate Committee on Energy and Natural 
     Resources and the House and Senate Committees on 
     Appropriations.
       (g) Map.--The Secretary of Agriculture shall provide to the 
     Committee on Resources of the House of Representatives, the 
     Senate Committee on Energy and Natural Resources and the 
     House and Senate Committees on Appropriations, a map 
     depicting the acreage to be acquired pursuant to this 
     section.
       (h) Definitions.--In this section:
       (1) Agreement.--The term ``Agreement'' means the agreement 
     in principle, concerning the District Property, entered into 
     on August 12, 1996 by Crown Butte Mines, Inc., Crown Butte 
     Resources Ltd., Greater Yellowstone Coalition, Northwest 
     Wyoming Resource Council, Sierra Club, Gallatin Wildlife 
     Association, Wyoming Wildlife Federation, Montana Wildlife 
     Federation, Wyoming Outdoor Council, Beartooth Alliance, and 
     the United States of America, with such other changes 
     mutually agreed to by the parties;
       (2) Beartooth Highway.--The term ``Beartooth Highway'' 
     means the portion of United States Route 212 that runs from 
     the northeast entrance of Yellowstone National Park near 
     Silver Gate, Montana, into and through Wyoming to Red Lodge, 
     Montana.
       (3) Crown Butte.--The term ``Crown Butte'' means Crown 
     Butte Mines, Inc. and Crown Butte Resources Ltd., acting 
     jointly.
       (4) District Property.--The term ``District Property'' 
     means the portion of the real property interests specifically 
     described as District Property in appendix B of the 
     Agreement.
       (5) New World Mining District.--The term ``New World Mining 
     District'' means the New World Mining District as 
     specifically described in appendix A of the Agreement.
       Sec. 503. Conveyance to State of Montana
       (a) Conveyance Requirement.--Not later than January 1, 
     2001, but not prior to 180 days after the enactment of this 
     Act, the Secretary of the Interior shall convey to the State 
     of Montana, without consideration, all right, title, and 
     interest of the United States in and to--
       (1) $10,000,000 in federal mineral rights in the State of 
     Montana agreed to by the Secretary of the Interior and the 
     Governor of Montana through negotiations in accordance with 
     paragraph (b); or
       (2) all federal mineral rights in the tracts in Montana 
     depicted as Otter Creek number 1, 2, and 3 on the map 
     entitled ``Ashland Map''.
       (b) Negotiations.--The Secretary of the Interior shall 
     promptly enter into negotiations with the Governor of Montana 
     for purposes of paragraph (a)(1) to determine and agree to 
     mineral rights owned by the United States having a fair 
     market value of $10,000,000.
       (c) Federal Law Not Applicable to Conveyance.--Any 
     conveyance under paragraph (a) shall not be subject to the 
     Mineral Leasing Act (20 U.S.C. 181 et seq.).
       (d) Availability of Map.--The Secretary of the Interior 
     shall keep the map referred to in paragraph (a)(2) on file 
     and available for public inspection in appropriate offices of 
     the Department of the Interior located in the District of 
     Columbia and Billings, Montana, until January 1, 2001.
       (3) Conveyance Dependent Upon Acquisition.--No conveyance 
     pursuant to paragraph (a) shall take place unless the 
     acquisition authorized in section 502(a) is executed.
       Sec. 504. The acquisitions authorized by sections 501 and 
     502 of this title may not occur prior to the earlier of: (1) 
     180 days after enactment of this Act or (2) enactment of 
     separate authorizing legislation that modifies sections 501, 
     502, or 503 of this title. Within 120 days of enactment, the 
     Secretary of the Interior and the Secretary of Agriculture, 
     respectively, shall submit to the Committee on Resources of 
     the House of Representatives, the Senate Committee on Energy 
     and Natural Resources and the House and Senate Committees on 
     Appropriations, reports detailing the status of efforts to 
     meet the conditions set forth in this title imposed on the 
     acquisition of the interests to protect and preserve the 
     Headwaters Forest and the acquisition of interests to protect 
     and preserve Yellowstone National Park. For every day beyond 
     120 days after the enactment of this Act that the appraisals 
     required in subsections 501(b)(5) and 502(b)(2) are not 
     provided to the Committee on Resources of the House, the 
     Committee on Energy and Natural Resources of the Senate and 
     the House and Senate Committees on Appropriations in 
     accordance with such subsections, the 180 day period 
     referenced in this section shall be extended by one day.
       Sec. 505. The Land and Water Conservation Fund Act of 1965 
     (P.L. 88-578; 78 Stat. 897) (16 U.S.C. 460l-4--460l-11) is 
     amended by moving section 13 (as added by section 1021(b) of 
     the Omnibus Parks and Public Lands Management Act of 1996; 
     110 Stat. 4210) so as to appear in title I of that Act 
     following section 12.
       And the Senate agree to the same.
       Amendment numbered 164:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 164, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment, amended to 
     read as follows:

      TITLE VI--FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF

       Sec. 601. Short Title.--This Act may be cited as the 
     ``Forest Resources Conservation and Shortage Relief Act of 
     1997''.
       Sec. 602. (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, 
     paragraph 1 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 north-western 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

[[Page H9015]]

       ``(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 of 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--
       (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. 603. 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) Contractural 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. 604. 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 of a subsequent purchaser 
     of the timber, an act or omission with respect to an 
     operation at a particular processing facility or log yard.''.
       Sec. 605. 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) The regulations and guidelines issued under this 
     title that were in effect prior to September 8, 1995 shall 
     remain in effect until new regulations and guidelines are 
     issued under subparagraphs (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

[[Page H9016]]

       ``(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.''.

       And the Senate agree to the same.
       Amendment numbered 165:
       That the House recede from its disagreement to the 
     amendment of the Senate numbered 165, and agree to the same 
     with an amendment, as follows:
       Retain the matter proposed by said amendment amended to 
     read as follows:

                    TITLE VII--MICCOSUKEE SETTLEMENT

       Sec. 701. Short Title.--This title may be cited as the 
     ``Miccosukee Settlement Act of 1997''.
       Sec. 702. Congressional Findings.--Congress finds that:
       (1) There is pending before the United States District 
     Court for the Southern District of Florida a lawsuit by the 
     Miccosukee Tribe that involves the taking of certain tribal 
     lands in connection with the construction of highway 
     Interstate 75 by the Florida Department of Transportation.
       (2) The pendency of the lawsuit referred to in paragraph 
     (1) clouds title of certain lands used in the maintenance and 
     operation of the highway and hinders proper planning for 
     future maintenance and operations.
       (3) The Florida Department of Transportation, with the 
     concurrence of the Board of Trustees of the Internal 
     Improvements Trust Fund of the State of Florida, and the 
     Miccosukee Tribe have executed an agreement for the purpose 
     of resolving the dispute and settling the lawsuit.
       (4) The agreement referred to in paragraph (3) requires the 
     consent of Congress in connection with contemplated land 
     transfers.
       (5) The Settlement Agreement is in the interest of the 
     Miccosukee Tribe, as the Tribe will receive certain monetary 
     payments, new reservation lands to be held in trust by the 
     United States, and other benefits.
       (6) Land received by the United States pursuant to the 
     Settlement Agreement is in consideration of Miccosukee Indian 
     Reservation lands lost by the Miccosukee Tribe by virtue of 
     transfer to the Florida Department of Transportation under 
     the Settlement Agreement.
       (7) The lands referred to in paragraph (6) as received by 
     the United States will be held in trust by the United States 
     for the use and benefit of the Miccosukee Tribe as Miccosukee 
     Indian Reservation lands in compensation for the 
     consideration given by the Tribe in the Settlement Agreement.
       (8) Congress shares with the parties to the Settlement 
     Agreement a desire to resolve the dispute and settle the 
     lawsuit.
       Sec. 703. Definitions.--In this title:
       (1) Board of trustees of the internal improvements trust 
     fund.--The term ``Board of Trustees of the Internal 
     Improvements Trust Fund'' means the agency of the State of 
     Florida holding legal title to and responsible for trust 
     administration of certain lands of the State of Florida, 
     consisting of the Governor, Attorney General, Commissioner of 
     Agriculture, Commissioner of Education, Controller, Secretary 
     of State, and Treasurer of the State of Florida, who are 
     Trustees of the Board.
       (2) Florida department of transportation.--The term 
     ``Florida Department of Transportation'' means the executive 
     branch department and agency of the State of Florida that--
       (A) is responsible for the construction and maintenance of 
     surface vehicle roads, existing pursuant to section 20.23, 
     Florida Statutes; and
       (B) has the authority to execute the Settlement Agreement 
     pursuant to section 334.044, Florida Statutes.
       (3) Lawsuit.--The term ``lawsuit'' means the action in the 
     United States District Court for the Southern District of 
     Florida, entitled Miccosukee Tribe of Indians of Florida v. 
     State of Florida and Florida Department of Transportation, et 
     al., docket No. 6285-Civ-Paine.
       (4) Miccosukee lands.--The term ``Miccosukee lands'' means 
     lands that are--
       (A) held in trust by the United States for the use and 
     benefit of the Miccosukee Tribe as Miccosukee Indian 
     Reservation lands; and
       (B) identified pursuant to the Settlement Agreement for 
     transfer to the Florida Department of Transportation.
       (5) Miccosukee tribe; tribe.--The terms ``Miccosukee 
     Tribe'' and ``Tribe'' mean the Miccosukee Tribe of Indians of 
     Florida, a tribe of American Indians recognized by the United 
     States and organized under section 16 of the Act of June 18, 
     1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476) and 
     recognized by the State of Florida pursuant to chapter 285, 
     Florida Statutes.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Settlement agreement; agreement.--The terms 
     ``Settlement Agreement'' and ``Agreement'' mean the 
     assemblage of documents entitled ``Settlement Agreement'' 
     (with incorporated exhibits) that--
       (A) addresses the lawsuit; and
       (B)(i) was signed on August 28, 1996, by Ben G. Watts 
     (Secretary of the Florida Department of Transportation) and 
     Billy Cypress (Chairman of the Miccosukee Tribe); and
       (ii) after being signed, as described in clause (i), was 
     concurred in by the Board of Trustees of the Internal 
     Improvements Trust Fund of the State of Florida.
       (8) State of florida.--The term ``State of Florida'' 
     means--
       (A) all agencies or departments of the State of Florida, 
     including the Florida Department of Transportation and the 
     Board of Trustees of the Internal Improvements Trust Fund; 
     and
       (B) the State of Florida as a governmental entity.
       Sec. 704. Ratification.--The United States approves, 
     ratifies, and confirms the Settlement Agreement.
       Sec. 705. Authority of Secretary.--As Trustee for the 
     Miccosukee Tribe, the Secretary shall--
       (1)(A) aid and assist in the fulfillment of the Settlement 
     Agreement at all times and in a reasonable manner; and
       (B) to accomplish the fulfillment of the Settlement 
     Agreement in accordance with subparagraph (A), cooperate with 
     and assist the Miccosukee Tribe;
       (2) upon finding that the Settlement Agreement is legally 
     sufficient and that the State of Florida has the necessary 
     authority to fulfill the Agreement--
       (A) sign the Settlement Agreement on behalf of the United 
     States; and
       (B) ensure that an individual other than the Secretary who 
     is a representative of the Bureau of Indian Affairs also 
     signs the Settlement Agreement;
       (3) upon finding that all necessary conditions precedent to 
     the transfer of Miccosukee land to the Florida Department of 
     Transportation as provided in the Settlement Agreement have 
     been or will be met so that the Agreement has been or will be 
     fulfilled, but for the execution of that land transfer and 
     related land transfers--
       (A) transfer ownership of the Miccosukee land to the 
     Florida Department of Transportation in accordance with the 
     Settlement Agreement, including in the transfer solely and 
     exclusively that Miccosukee land identified in the Settlement 
     Agreement for transfer to the Florida Department of 
     Transportation; and
       (B) in conjunction with the land transfer referred to in 
     subparagraph (A), transfer no land other than the land 
     referred to in that subparagraph to the Florida Department of 
     Transportation; and
       (4) upon finding that all necessary conditions precedent to 
     the transfer of Florida lands from the State of Florida to 
     the United States have been or will be met so that the 
     Agreement has been or will be fulfilled but for the execution 
     of that land transfer and related land transfers, receive and 
     accept in trust for the use and benefit of the Miccosukee 
     Tribe ownership of all land identified in the Settlement 
     Agreement for transfer to the United States.
       Sec. 706. Miccosukee Indian Reservation Lands.--The lands 
     transferred and held in trust for the Miccosukee Tribe under 
     section 705(4) shall be Miccosukee Indian Reservation lands.
       Sec. 707. Miscellaneous.--(a) Rule of Construction.--
     Nothing in this Act or the Settlement Agreement shall--
       (1) affect the eligibility of the Miccosukee Tribe or its 
     members to receive any services or benefits under any program 
     of the Federal Government; or
       (2) diminish the trust responsibility of the United States 
     to the Miccosukee Tribe and its members.
       (b) No Reductions in Payments.--No payment made pursuant to 
     this Act or the Settlement Agreement shall result in any 
     reduction or denial of any benefits or services under any 
     program of the Federal Government to the Miccosukee Tribe or 
     its members, with respect to which the Tribe or the members 
     of the Tribe are entitled or eligible because of the status 
     of--
       (1) the Miccosukee Tribe as a federally recognized Indian 
     tribe; or
       (2) any member of the Miccosukee Tribe as a member of the 
     Tribe.
       (c) Taxation.--
       (1) In general.--
       (A) Monies.--None of the monies paid to the Miccosukee 
     Tribe under this Act or the Settlement Agreement shall be 
     taxable under Federal or State law.
       (B) Lands.--None of the lands conveyed to the Miccosukee 
     Tribe under this Act or the Settlement Agreement shall be 
     taxable under Federal or State law.
       (2) Payments and conveyances not taxable events.--No 
     payment or conveyance referred to in paragraph (1) shall be 
     considered to be a taxable event.
       And the Senate agree to the same.
     Ralph Regula,
     Joseph M. McDade,
     Jim Kolbe,
     Joe Skeen,
     Charles H. Taylor,
     George R. Nethercutt, Jr.,
     Dan Miller,
     Zach Wamp,
     Bob Livingston,
     Sidney R. Yates,
     John P. Murtha,
     Norm Dicks,
     David E. Skaggs,
     James P. Moran,
     David Obey,
                                Managers on the Part of the House.

     Slade Gorton,
     Ted Stevens,
     Thad Cochran,
     Pete V. Domenici,
     Conrad Burns,
     Robert F. Bennett,
     Judd Gregg,
     Ben Nighthorse Campbell,
     Robert Byrd,
     Patrick Leahy
     Dale Bumpers,
     Ernest Hollings,
     Harry Reid,
     Byron Dorgan,

[[Page H9017]]

     Barbara Boxer,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the Senate to the bill (H.R. 2107), making 
     appropriations for the Department of the Interior and Related 
     Agencies for the fiscal year ending September 30, 1998, and 
     for other purposes, submit the following joint statement to 
     the House and the Senate in explanation of the effect of the 
     action agreed upon by the managers and recommended in the 
     accompanying conference report.
       The conference agreement on H.R. 2107 incorporates some of 
     the provisions of both the House and the Senate versions of 
     the bill. Report language and allocations set forth in either 
     House Report 105-163 or Senate Report 105-56 which are not 
     changed by the conference are approved by the committee of 
     conference. The statement of the managers, while repeating 
     some report language for emphasis, does not negate the 
     language referenced above unless expressly provided herein.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       Amendment No. 1: Appropriates $583,270,000 for management 
     of lands and resources instead of $581,591,000 as proposed by 
     the House and $578,851,000 as proposed by the Senate. Changes 
     to the amount proposed by the House include increases of 
     $100,000 for the Alaska Gold Rush Centennial task force, 
     $500,000 for the joint Department of Defense land cover 
     mapping project in Alaska, $200,000 for threatened and 
     endangered species for the Virgin River Basin recovery plan, 
     $500,000 for recreation resources management, $2,100,000 for 
     the National Petroleum Reserve--Alaska, $700,000 for the 
     Alaska resources library and information services, $2,334,000 
     for Alaska conveyance and $1,000,000 for ALMRS. Decreases to 
     the amount proposed by the House include $1,000,000 for 
     prescribed fire, $2,774,000 for wild horse and burro 
     management, $250,000 for wildlife management, $500,000 for a 
     recreation fees scoring adjustment, $231,000 for wilderness 
     management, and $1,000,000 for law enforcement. The managers 
     concur with the Senate's proposed distribution of funds in 
     the Mining Law Administration category.
       Within the increased funds provided for recreation resource 
     management, $200,000 is provided for the Lewis and Clark 
     Trail, $100,000 is provided for the Iditarod National 
     Historic Trail, $100,000 is provided for the De Anza, 
     California, Mormon Pioneer, Nez Perce, Oregon, and Pony 
     Express National Historic Trails, and the Pacific Crest and 
     Continental Divide National Scenic Trails, and $100,000 is 
     provided as a general increase.
       The managers have reduced the Bureau's oil and gas 
     management program by a net $450,000, consistent with the 
     Administration's requested program decrease. This decrease is 
     made up of a $50,000 increase for Grand Staircase activities 
     and a $500,000 decrease related to efficiencies in lease 
     processing in Alaska, Arizona, and Idaho. In agreeing to the 
     requested budget reduction, the managers direct the Bureau 
     not to delay the processing of any lease application in these 
     States in 1998. The managers expect the Bureau to request 
     funding sufficient to meet the Bureau's responsibilities for 
     oil and gas management activities on Federal lands in each of 
     these States as warranted.
       After reviewing the Department's soda ash royalty study, 
     the managers are concerned that the Department was 
     unresponsive to the question relating to the appropriate 
     method of setting Federal royalty rates when the only 
     comparable rates are the product of a monopoly. The managers 
     will watch carefully how the Department deals with these 
     issues in the future.
       The managers support efforts of the land management 
     agencies to consolidate activities and facilities at the 
     field level as a means of achieving savings and providing 
     improved services to the public. The managers support the 
     joint BLM-Forest Service trading post pilot program, which 
     allows the Secretaries of the Interior and Agriculture to 
     make reciprocal delegations of authorities, duties and 
     responsibilities to promote customer service and efficiency, 
     with the understanding that nothing will change the 
     applicability of any public law or regulation to lands 
     administered by the BLM or the Forest Service.
       The managers seek additional information on BLM's 
     activities dealing with the acquisition of water rights. By 
     November 30, 1998, the Bureau shall provide a report 
     detailing its short and long-term plans for acquiring non-
     reserved water rights and any actions dealing with Federal 
     reserved rights.
       The managers encourage the Bureau to cooperate fully with 
     the Umpqua River Basin land exchange project group as 
     authorized in section 1028 of Public Law 104-333.
       Amendment No. 2: Earmarks $27,650,000 for mining law 
     administration program operations as proposed by the Senate 
     instead of $27,300,000 as proposed by the House.
       Amendment No. 3: Restates the final appropriation amount 
     for management of lands and resources as $583,270,000.


                        Wildland Fire Management

       Amendment No. 4: Appropriates $280,103,000 for wildland 
     fire management as proposed by the House instead of 
     $282,728,000 as proposed by the Senate.
       Within the funds provided for preparedness, $700,000 is to 
     fund the startup and first year of operating costs for a type 
     I hotshot crew in Alaska to be managed by the Alaska Fire 
     Service as an intertribal, interagency hotshot crew; and 
     $1,925,000 is provided for redevelopment of the obsolete 
     interagency fire operations center in Billings, MT.
       Amendment No. 5: Earmarks $6,950,000 for renovation or 
     construction of fire facilities as proposed by the Senate 
     instead of $5,025,000 as proposed by the House.


                    Central Hazardous Materials Fund

       Amendment No. 6: Appropriates $12,000,000 for the central 
     hazardous materials fund as proposed by the House instead of 
     $14,900,000 as proposed by the Senate.


                              Construction

       Amendment No. 7: Appropriates $3,254,000 for construction 
     as proposed by the House instead of $3,154,000 as proposed by 
     the Senate.


                       Payments in Lieu of Taxes

       Amendment No. 8: Appropriates $120,000,000 for payments in 
     lieu of taxes instead of $113,500,000 as proposed by the 
     House and $124,000,000 as proposed by the Senate.


                            Land Acquisition

       Amendment No. 9: Appropriates $11,200,000 for land 
     acquisition instead of $12,000,000 as proposed by the House 
     and $8,600,000 as proposed by the Senate. The managers agree 
     to the following distribution of funds:


        Project                                                  Amount
Arizona Wilderness, AZ.........................................$700,000
Blanca Wildlife Habitat, CO.....................................550,000
Bodie Bowl, CA................................................1,000,000
Lake Fork of the Gunnison, CO...................................900,000
Otay Mountains, CA............................................1,000,000
Santa Rosa Mountains, CA......................................1,000,000
West Eugene Wetlands, OR........................................300,000
Western Riverside County, CA..................................1,000,000
Washington County Desert Tortoise, UT.........................1,000,000
Emergencies/hardships/inholdings................................750,000
Acquisition management........................................3,000,000
                                                       ________________
                                                       
    Total....................................................11,200,000


                 Forest Ecosystems Health and Recovery

                   (Revolving Fund, Special Account)

       Amendment No. 10: Inserts language proposed by the Senate 
     expanding BLM's flexibility to complete forest ecosystem 
     health projects. The House had no similar provision.

                United States Fish and Wildlife Service


                          Resource Management

       Amendment No. 11: Appropriates $594,842,000 for resource 
     management instead of $591,042,000 as proposed by the House 
     and $585,064,000 as proposed by the Senate. Increases to the 
     amount proposed by the House include $800,000 in candidate 
     conservation, of which $400,000 is for the Alabama sturgeon 
     and $400,000 is for the Preble's Meadow Jumping Mouse; 
     $300,000 in consultation as a general increase; $300,000 in 
     recovery for a wolf reintroduction study on the Olympic 
     Peninsula; $1,000,000 in habitat conservation of which 
     $50,000 is for the Middle Rio Grande/Bosque program, $50,000 
     is for Platte River studies, $100,000 is to establish a Cedar 
     City ecological services office, $750,000 is for Washington 
     salmon enhancement and $50,000 is for the Vermont partners 
     program; $1,000,000 for Salton Sea recovery planning and for 
     bioremediation efforts in the New River in cooperation with 
     the U.S. Geological Survey, contingent on matching funds from 
     the State of California; $250,000 in migratory bird 
     management for the North American waterfowl management plan; 
     $500,000 in hatchery operations and maintenance for 
     endangered species recovery, including operation of the Mora 
     hatchery in New Mexico; $750,000 in fish and wildlife 
     management of which $100,000 is for Yukon River escapement 
     monitoring and research, $300,000 is for Atlantic salmon 
     conservation, $50,000 is for the regional park processing 
     center and $300,000 is for whirling disease research; 
     $200,000 in international affairs for the Caddo Lake 
     Institute scholars program; and $1,000,000 for the National 
     Conservation Training Center. Decreases to the House proposed 
     level include $300,000 in consultation for the Olympic 
     Peninsula wolf recovery program (funded under the recovery 
     program); $500,000 in habitat conservation, of which $250,000 
     is for assistance to private landowners and $250,000 is for 
     the coastal program in Texas; $1,000,000 in refuge operations 
     and maintenance; and $500,000 in fish and wildlife management 
     for habitat restoration.
       The managers agree to the following:
       1. Within the consultation program, $560,000 should be used 
     for the Iron County habitat conservation plan, contingent on 
     matching non-Federal funding.
       2. The increase for law enforcement should be used, in 
     part, to improve the Service's ability to prevent illegal 
     bear poaching and the smuggling of bear viscera, but is not 
     limited to that activity.
       3. The Chicago Wetlands Office should be funded at the same 
     level as in fiscal year 1997.
       4. In allocating resources for refuge operations and 
     maintenance, the Service should seek to balance competing 
     refuge uses consistent with the National Wildlife Refuge 
     Systems Improvement Act of 1997.
       5. There is no earmark within available funds for the 
     Washington State regional fisheries enhancement group 
     initiative. The

[[Page H9018]]

     $750,000 in the habitat conservation program for Washington 
     salmon enhancement efforts addresses that initiative. These 
     funds should be transferred, in the form of a block grant, to 
     the Washington Department of Fish and Wildlife to support the 
     volunteer efforts of the Regional Fisheries Enhancement Group 
     program.
       6. Within habitat conservation, $23,839,000 is for project 
     planning.
       7. With respect to the double-crested cormorant depredation 
     order, the managers understand that the comment period on the 
     proposed rule has closed and the Service anticipates issuing 
     the final rule in 45-60 days. The managers make no 
     assumptions about the content of that rule.
       8. The House takes no position on the issue of overgrazing 
     of bighorn sheep on the confederated Salish and Kootenai 
     reservations.
       9. With respect to tribal management takeover of the Moise 
     Bison Range, the Service should continue to work with the 
     Salish and Kootenai tribes on appropriate functions for 
     compacting by the tribes.
       10. With respect to hunting season extensions and the 
     impact on waterfowl, the Service should examine existing data 
     and consult with the States and with the International 
     Association of Fish and Wildlife Agencies to determine what 
     changes should be made to the existing methodology. The 
     Service should report the results of this effort to the 
     Committees, including a discussion of the pros and cons of 
     alternatives to the current procedures.
       11. In preparing its report on agriculture depredations 
     caused by dusky Canada geese, the Service should consider 
     other areas, in addition to the Pacific Northwest, where this 
     is known to be a problem.
       12. Of the funds provided for whirling disease research, 
     $700,000 should be used for work with the National 
     Partnership on the Management of Wild and Native Cold Water 
     Fisheries. The Service is encouraged to use other funds 
     available for fish health to continue and expand the National 
     Wild Fish Health Survey.
       13. With respect to the Pacific Northwest forest plan, 
     unallocated program increases provided by the conference 
     agreement should be applied to forest plan activities in 
     proportion to the increases for forest plan activities 
     included in the budget request for that program.
       14. The Salton Sea recovery plan should be developed by the 
     Service in coordination with the State of California, the 
     U.S. Geological Survey, the Bureau of Reclamation and the 
     Environmental Protection Agency. The plan should be submitted 
     to the Committees and should address the appropriate division 
     of responsibilities and funding among all involved agencies.
       15. Future increases in the Service's budget for the Salton 
     Sea should be considered in the context of the Service's 
     National priorities. The Service should continue to work with 
     the State of California to ensure that the State remains an 
     active participant in the conduct and funding of recovery 
     efforts.
       16. The managers encourage the U.S. Fish and Wildlife 
     Service to include the Arid Lands Ecology Reserve in the 
     Earth Stewards Program, and to provide the necessary 
     resources to support the efforts of the Department of Energy 
     and other public and private sector organizations in order to 
     accelerate the formation of the Partnership for Arid Lands 
     Stewardship (PALS).
       The managers are aware of recently identified, near-term 
     needs in the Atchafalaya Basin region of Louisiana, including 
     personnel needs for the Southeast Louisiana refuge system and 
     wildlife management shortfalls in and around the Atchafalaya 
     Basin and at the Mandalay NWR, LA. To the extent practicable, 
     the Service should address these needs within the increase 
     provided for refuge operations and maintenance in fiscal year 
     1998. The managers expect the Service, in consultation with 
     State and local entities, including landowners, to study 
     habitat protection needs in the entire Atchafalaya Basin 
     region and to report to the Committees on the results of 
     those consultations prior to submission of the fiscal year 
     1999 budget.
       The managers understand that the translocation of a portion 
     of the Adak caribou herd onto privately owned islands in 
     Alaska may provide long term relief for subsistence users in 
     the Alaska Peninsula region. Since the filing of the Senate 
     report, it has come to the managers' attention that at least 
     two such islands have historically sustained indigenous 
     caribou herds and therefore a suitable habitat study is not 
     necessary. The managers encourage the Service to enter into 
     discussions with subsistence users of the Alaska Peninsula 
     region to explore a potential partnership arrangement to 
     establish new caribou herds on Deere and Unga Islands to 
     provide meat sources for Native people.
       Amendment No. 12: Restores language proposed by the House 
     and stricken by the Senate which earmarks an amount not to 
     exceed $5,190,000 for implementing subsections (a), (b), (c), 
     and (e) of section 4 of the Endangered Species Act of 1973, 
     as amended, and inserts language proposed by the Senate 
     making a technical correction to the existing statutory fee 
     authority for the National Conservation Training Center. The 
     House had no similar provision on the National Conservation 
     Training Center.
       As requested by the Department of the Interior the managers 
     reluctantly have agreed to limit statutorily the funds for 
     the endangered species listing program. The managers continue 
     to believe that a long term solution to the problems in the 
     ESA program should be dealt with through the reauthorization 
     process, and regret that another year has passed without 
     substantial progress by the Administration.
       Amendment No. 13: Deletes language proposed by the Senate 
     prohibiting overhead charges by the Service on funds 
     transferred from the Bureau of Reclamation for the Upper 
     Colorado River recovery program. The House had no similar 
     provision.
       The managers expect the Service to keep any necessary 
     administrative charges to an absolute minimum, and to provide 
     a report to the Committees that justifies any overhead 
     charges on funds transferred to the Upper Colorado River 
     recovery program.


                              construction

       Amendment No. 14: Appropriates $45,006,000 for construction 
     instead of $40,256,000 as proposed by the House and 
     $42,053,000 as proposed by the Senate. The managers agree to 
     the following distribution of funds:

        Project                                                  Amount
Audubon Institute, LA........................................$2,000,000
Baker Island NWR, HI (assessment/site investigation)............250,000
Blackwater NWR, MD (administrative building)....................335,000
Bozeman FTC, MT (laboratory building planning and design).......606,000
Crab Orchard NWR, IL (rehabilitate sewage treatment facilities1,659,000
Craig Brook NFH, ME (station rehabilitation/final phase)......3,500,000
Creston NFH, MT (Jessup Mill Pond Dam)........................1,500,000
Great Swamp NWR, NJ (disposal assessment/site investigation)....250,000
Horicon NWR, WI (replace boardwalk).............................425,000
John Hay Estate, NH (rehabilitation)..........................1,000,000
Keauhou Bird Conservation Center, HI (complete construction)..1,000,000
Kodiak NWR, AK (Camp Island renovations)........................150,000
Merced NWR, CA (water distribution)...........................2,548,000
National Elk Refuge, WY (irrigation system).....................400,000
Orangeburg NFH, SC (rehabilitate drainage canal)................833,000
Patuxent NWR, MD (Cash Lake Dam)..............................2,515,000
Region 2 (hazardous materials/solid waste cleanup)..............445,000
Santa Ana NWR, TX (road rehabilitation).......................1,208,000
Shiawassee NWR, MI (bridge rehabilitation)......................520,000
Southest LA refuges, LA (health & safety).......................500,000
Southwest FTC, NM (Mora hatchery).............................2,000,000
St. Marks NWR, FL (replace 6 bridges)...........................469,000
St. Vincent NWR, FL (Outlet Creek bridge).......................186,000
Steigerwald NWR, WA (trail construction and access).............840,000
Tennessee NWR, TN (road)......................................2,500,000
Tennessee NWR, TN (2 bridges)...................................139,000
Togiak NWR, AK (residence)......................................335,000
Turnbull NWR, WA (building).....................................843,000
Upper Miss. NW&FR, IL (headquarters construction)...............510,000
WB Jones Partnership, NC (headquarters design and construction1,900,000
Wichita Mountains WR, OK (road rehabilitation)................1,840,000
Wichita Mountains WR, OK (Grama Lake & Comanche Dams).........4,800,000
Woodbridge NWR, VA (rehabilitation).............................100,000
Bridge safety inspection........................................495,000
Dam safety inspection...........................................495,000
Construction management.......................................5,910,000
                                                       ________________
                                                       
    Total....................................................45,006,000

       The managers agree to the following:
       1. $850,000 in unobligated balances from completed projects 
     should be used for the design, manufacture and installation 
     of educational displays and furnishings for the Environmental 
     Education Center at the Silvio O. Conte NWR, MA. The Service 
     should notify the Committees of the proposed offsets before 
     proceeding with the reprogramming of funds.
       2. Funding provided herein represents the completion of the 
     Federal commitment for the Audubon Institute, LA and the 
     Walter B. Jones Partnership for the Sounds, NC projects.
       3. No funds are provided for Bear River NWR, UT with the 
     understanding that there is currently a large unobligated 
     balance of funds provided in previous fiscal years that will 
     enable dike work to continue in fiscal year 1998.
       4. The Committees will consider a reprogramming of funds 
     for planning and design of the National Black Footed Ferret 
     Conservation Center once the Service has determined a site 
     for the Center.
       5. Prior to proceeding with the Togiak NWR, AK housing 
     project, the Service should

[[Page H9019]]

     certify that there is insufficient rental housing in the 
     Dillingham area that meets Service requirements and is 
     suitable for refuge personnel.


                natural resource damage assessment fund

       Amendment No. 15: Appropriates $4,228,000 for the natural 
     resource damage assessment fund instead of $4,128,000 as 
     proposed by the House and $4,328,000 as proposed by the 
     Senate.
       The managers agree that changes to the management structure 
     for the natural resource damage assessment program in fiscal 
     year 1998 should be made consistent with the level of funding 
     provided. The Committees will consider any more ambitious 
     restructuring in the context of Service-wide priorities in 
     the fiscal year 1999 budget.
       Amendment No. 16: Amends fiscal year 1994 appropriations 
     language to permit transfers of funds to Federal trustees and 
     payments to non-Federal trustees to carry out the provisions 
     of negotiated legal settlements or other legal actions for 
     restoration activities, and to carry out the provisions of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act, as amended, as proposed by the Senate. The 
     House had no similar provision.


                            land acquisition

       Amendment No. 17: Appropriates $62,632,000 for land 
     acquisition instead of $53,000,000 as proposed by the House 
     and $57,292,000 as proposed by the Senate. The managers agree 
     to the following distribution of funds:

        Project                                                  Amount
Archie Carr NWR, FL..........................................$2,000,000
Attwater Prairie Chicken NWR, TX..............................1,000,000
Back Bay NWR, VA..............................................2,000,000
Balcones Canyonlands NWR, TX....................................700,000
Big Muddy NFWR, MO............................................1,000,000
Bon Secour NWR (Izard tract), AL..............................3,000,000
Canaan Valley NWR, WV.........................................3,000,000
Cape May NWR, NJ..............................................3,000,000
Clarks River NWR, KY..........................................2,000,000
Crocodile Lake NWR, FL..........................................400,000
Cypress Creek NWR, IL...........................................750,000
Don Edwards NWR (Bair Island), CA.............................2,000,000
Edwin B. Forsythe NWR (including the Zell tract), NJ..........2,000,000
Great Swamp NWR, JN.............................................750,000
Julia B. Hansen NWR, WA.........................................300,000
Kodiak NWR, AK..................................................600,000
Lower Rio Grande Valley NWR, TX.................................900,000
Mashpee NWR (including the Bufflehead Bay tract), MA............332,000
Minnesota Valley NWR (Kelly tract), MN........................2,300,000
Nisqually NWR (Black River unit), WA..........................1,500,000
Ohio River Islands NWR, PA-WV-OH-KY.............................500,000
Ottawa NWR, OH................................................1,000,000
Patoka River NWR, IN............................................500,000
Petit Manan NWR, ME...........................................1,000,000
Rachel Carson NWR, ME.........................................1,100,000
Rappahannock River Valley NWR, VA.............................2,000,000
Rhode Island complex, RI........................................500,000
San Diego NWR, CA.............................................3,000,000
Silvio O. Conte NWR (including Pondicherry), CT-MA-NH-VT......1,000,000
Southeast Louisiana refuges, LA...............................2,500,000
Stewart B. McKinney NWR (Great Meadows Salt Marsh), CT........1,100,000
Stillwater NWR, NV............................................1,000,000
Waccamaw NWR, SC..............................................2,000,000
Wallkill River NWR (including Papakeeting Creek), NJ..........1,000,000
Wertheim NWR (including Southaven), NY........................2,290,000
Western Montana project, MT...................................1,000,000
Acquisition management........................................8,860,000
Emergency/hardships...........................................1,000,000
Exchanges.....................................................1,000,000
Inholdings......................................................750,000
                                                       ________________
                                                       
    Total....................................................62,632,000

       The managers note that the Service is preparing a draft 
     environmental assessment on the feasibility of establishing a 
     National wildlife refuge in the Kankakee area of Indiana and 
     Illinois. That draft should be completed and distributed for 
     comment later this fall and final NEPA documentation will not 
     be completed until next year. The managers understand that 
     any land acquisition for such a refuge will not proceed 
     without Congressional approval through the appropriations 
     process.
       Within 90 days, the Fish and Wildlife Service shall report 
     to the Appropriations Committees if there is a willing seller 
     of the Bolsa Chica Mesa in Huntington Beach, CA, the cost of 
     an appraisal of the mesa, the estimated cost of acquisition, 
     and opportunities for public-private partnerships.
       The managers understand that the estimated total cost of 
     the Bair Island acquisition at Don Edwards NWR in California 
     is $15,000,000. The managers are aware that the Peninsula 
     Open Space Trust has committed to raising $5,000,000 towards 
     this total purchase price and the managers encourage the 
     State to give a contribution of up to $2,500,000.
       The managers have not provided funds for acquisition of the 
     Shadmoor property at Amagansett NWR due to the large 
     disparity between the appraised value and the current sale 
     price, and the lack of matching funds. The managers remain 
     interested in the Shadmoor acquisition, however, and will 
     consider allocating funds appropriated in this or subsequent 
     appropriations bills should these issues be satisfactorily 
     resolved.


                     national wildlife refuge fund

       Amendment No. 18: Appropriates $10,779,000 for the National 
     wildlife refuge funds as proposed by the Senate instead of 
     $10,000,000 as proposed by the House.


               north american wetlands conservation fund

       Amendment No. 19: Appropriates $11,700,000 for the North 
     American wetlands conservation fund instead of $10,500,000 as 
     proposed by the House and $13,000,000 as proposed by the 
     Senate. The managers expect that $500,000 of the funds 
     provided will be used for the small grant program initiated 
     in fiscal year 1996, and that the amount used for management 
     and administration will be consistent with the authorized 
     level.

                         National Park Service


                 operation of the national park system

       Amendment No. 20: Appropriates $1,593,000 for the 
     Volunteers-in-Parks program as proposed by the Senate instead 
     of $2,500,000 as proposed by the House.
       Amendment No. 21: Appropriates $1,233,664,000 instead of 
     $1,232,325,000 as proposed by the House and $1,250,429,000 as 
     proposed by the Senate. The conference agreement provides 
     $221,112,000 for resource stewardship, which includes an 
     increase to the amount proposed by the House of $100,000 for 
     the Northwest ecosystem office and decreases to the House 
     proposed level of $300,000 for air quality, $500,000 for 
     abandoned mines, $3,000 for desert mining, and $596,000 for 
     special need parks.
       The amount provided for special need parks includes an 
     increase of $920,000 over the amount provided by the House 
     for Gettysburg NMP and a decrease of $1,516,000 which is 
     shifted to other activities consistent with the Senate 
     distribution. The managers intend that the entire $580,000 
     provided for desert mining be spent at the Mojave National 
     Preserve to hire mineral examiners to begin to clear the 
     existing backlog.
       The conference agreement provides $291,080,000 for visitor 
     services. The decrease below the House amount is $769,000 for 
     special need parks.
       The conference agreement provides $383,588,000 for 
     maintenance. Increases to the House amount include $2,028,000 
     for special need parks and $250,000 for ongoing structure 
     stabilization at Dry Tortugas NP. The managers expect this 
     program to be included in the base in future budget 
     submissions. The managers are concerned that these funds be 
     used directly for ongoing masonry work at the park, and not 
     be used to hire additional supervisory personnel.
       The conference agreement provides $240,341,000 for park 
     support. Increases to the House amount include $257,000 for 
     special need parks, $300,000 for wild and scenic rivers, 
     $422,000 for social science programs and $350,000 for the 
     National trails system. Within the increase provided for 
     National trails, $50,000 is for the Lewis and Clark Trail 
     office, $200,000 is provided for technical assistance to the 
     Lewis and Clark Trail, $50,000 is for the California and Pony 
     Express Trails and $50,000 is for the North Country Trail. 
     The managers continue to support the $600,000 earmark for the 
     NPS challenge cost share program for the National trails 
     system.
       The conference agreement provides $97,543,000 for external 
     administrative costs. This amount includes an increase above 
     the House level of $700,000 for IDEAS and a decrease of 
     $900,000 for FTS 2000.
       The managers find the recent reports of excessive 
     construction costs incurred by the National Park Service, and 
     specifically the Denver Service Center, totally unacceptable.
       The managers continue to be concerned about the condition 
     of employee housing in the National parks and have provided 
     over $150 million since 1989 to address the problem. However, 
     there have been several General Accounting Office reports in 
     recent years and a March 1996 Inspector General report that 
     raise serious concerns about the high cost of housing that 
     the Service has built in recent years, particularly at Grand 
     Canyon and Yosemite National Parks. The managers do not 
     believe that constructing houses at three times the cost of 
     comparable privately built homes can be justified under any 
     circumstances.
       The lack of oversight and accountability, not only in the 
     design and construction of NPS facilities, but also in 
     tempering the mix of desired features sought at the park 
     level, is of great concern. The managers are particularly 
     concerned about the decision making processes leading to the 
     construction of the housing, the lack of effective 
     constraints on the scope and costs of housing as well as 
     other projects, and the role of the Denver Service Center 
     (DSC) in design and oversight. There currently are no 
     incentives at the Denver Service Center or at the individual 
     park level to reduce these cost and save money. The managers 
     are concerned that the current structure of the 
     construction program lacks sufficient justification and 
     explanation of the basis for overhead costs for DSC 
     charged to NPS construction projects.

[[Page H9020]]

     The Park Service should give serious consideration to base 
     funding for the center as opposed to funding center 
     operations from individual construction projects. The 
     managers are also concerned that current methods used to 
     monitor construction projects report only on cost-
     overruns, and that any cost-efficiencies or savings are 
     rarely reported to the Committees on Appropriations.
       The managers have previously raised concerns about the Park 
     Service's management of its employee housing program. The 
     managers appreciate the need for Federally provided employee 
     housing where it is critical to the mission of the specific 
     park. However, in 1993, it became apparent that housing was 
     being provided in parks where it was not mission critical. 
     Yet four years later, there appears to have been little 
     change. In fact, the housing inventory has increased. While 
     the managers realize that the Park Service is presently 
     implementing the 1996 Omnibus Parks Act which requires a park 
     by park assessment, the managers understand that it will take 
     five years to complete, nine years from the time the programs 
     were first identified. This time frame is not acceptable.
       The Secretary is directed to appoint a review committee, a 
     majority of whose members shall come from outside the 
     National Park Service, to review the construction practices 
     of the service, with primary emphasis on the role of the 
     Denver Service Center. The report of the review committee, 
     together with recommendations of the Secretary, shall be 
     submitted to the Committees no later than April 15, 1998.
       In addition, the managers direct the National Park Servide 
     to take the following actions:
       1. Working with independent consultants familiar with 
     design and construction business operations, the National 
     Park Service is to develop design and construction guidelines 
     for all buildings and structures in the Service including 
     employee dwellings, visitor use structures, and 
     administrative and maintenance support facilities. The 
     guidelines should consider comparable facilities in use by 
     the private sector, other Federal land management agencies, 
     and State and local governments. The consultants should 
     identify methods and procedures for the Denver Service Center 
     to reduce design costs, and should consider different ways of 
     procuring contract services and supervising construction, 
     including increased responsibility for supervision and 
     oversight by the park unit and not Denver employees. Internal 
     control procedures must be put in place to ensure that the 
     design guidelines are met once they are adopted by the 
     Service. The guidelines and procedures are to be in place and 
     a full report made to the House and Senate Committees on 
     Appropriations by April 1, 1998.
       2. All future line-item construction requests for new and 
     signficiantly rehabilitated structures shall conform to these 
     guidelines. Should the Park Service want to vary from these 
     guidelines, the individual projects shall be submitted to the 
     House and Senate Appropriations Committee for approval.
       3. The Park Service also should propose a two-year action 
     plan for reducing its housing inventory. This plan should be 
     provided to the Committees by April 1, 1998, and should 
     include specific inventory reductions based on an amount 
     agreed to by the agency and the Committees. In addition, the 
     managers want to know how the agency intends to hold its 
     managers accountable for achieving these inventory reduction 
     commitments.
       4. The managers expect that no request for funds for 
     construction additional employee housing will be considered 
     until these directives are fully implemented.
       The managers have included a general provision in Title III 
     regarding the appointment and compensation of officer of the 
     Presidio Trust.
       The Presidio Trust is authorized to exercise loan guarantee 
     authority in accordance with the provisions set forth in 
     Public Law 104-333. Pursuant to Public Law 104-333, funds 
     appropriated to the National Park Service for operations at 
     the presidio in San Francisco are to be transferred to the 
     Presidio Trust. The managers do not object to the use of a 
     portion of the funds transferred to provide the necessary 
     loan subsidy for the authorized loan guarantee program.
       The managers are concerned that the environmental cleanup 
     proposed by the Department of the Army for the Presidio will 
     not meet the ecological, health and safety criteria 
     appropriate for a National park. As the only base closure to 
     revert to National park use, the managers emphasize the 
     importance of meeting the cleanup levels set by the National 
     Park Service.
       In addition to this concern, the managers also express 
     their strong interest in ensuring the timely rededication of 
     the Presidio because of the requirements placed on the 
     Presidio Trust to achieve self sufficiency by a time 
     certain. Without a thorough and timely cleanup of the 
     Presidio, the Trust will experience difficulty in securing 
     the leases necessary to generate revenues to ensure its 
     success.
       Substantial philanthropic pledges have been made toward 
     restoration of the Crissy Field area of the Presidio. Any 
     delay in the remediation of this site could jeopardize 
     private funds for the project.
       The managers are concerned that the Army's current plans 
     for environmental remediation at the Presidio will present a 
     serious impediment for high public use of the Presidio and 
     protection of its ecological values, and for the Presidio 
     Trust to achieve self sufficiency.
       The managers are concerned about the unsafe conditions at 
     the intersection of Virginia State Routes 29 and 234 in the 
     Manassas National Battlefield Park, Prince William County, 
     Virginia, and encourage the National Park Service, consistent 
     with applicable laws pertaining to the management of the 
     park, to cooperate with the Virginia Department of 
     Transportation and Federal Highway Administration officials 
     as safety improvements to the intersection are considered.


                  national recreation and preservation

       Amendment No. 22: Appropriates $44,259,000 for National 
     recreation and preservation instead of $43,934,000 as 
     proposed by the House and $45,284,000 as proposed by the 
     Senate and expands the authority for grants to heritage areas 
     to include sec. 606 of title VI, division I of Public Law 
     104-333.
       The conference agreement provides $8,984,000 for natural 
     programs. This is the same level as proposed by the House. 
     The managers have included $250,000 to continue the Lake 
     Champlain program and $150,000 for ongoing support to the 
     Connecticut River Conservation partnership.
       The managers included an additional $200,000 in the river 
     and trails technical assistance program's budget for fiscal 
     year 1997 specifically for the Chesapeake Bay program office 
     in Maryland. These funds were to be used to help local 
     communities and local heritage park partnerships implement 
     their heritage watershed protection plans. Although the 
     managers expect $200,000 to be used for this purpose in each 
     of fiscal years 1997 and 1998, there has been concern over 
     the extremely slow obligation of these funds to the local 
     communities in fiscal year 1997. The managers expect the Park 
     Service to consider the project a high priority and ensure 
     that the funds for both fiscal years 1997 and 1998 are 
     provided to the local communities in an expeditious manner. A 
     report on the status of these funds is to be provided to the 
     House and Senate Appropriations Committees no later than 
     April 15, 1998.
       The conference agreement provides $18,899,000 for cultural 
     programs, the same level as the House. This amount includes 
     an increase of $200,000 above the House level for the Native 
     American graves protection program and a reduction of 
     $200,000 below the House level for National Register 
     programs.
       The conference agreement provides $6,797,000 for Statutory 
     or Contractual Aid. Changes to the House level include 
     increases of $100,000 for the Aleutian World War II National 
     Historic Area, $325,000 for the Delaware and Lehigh 
     Navigation Canal, $65,000 for the Lower Mississippi Delta, 
     $285,000 for the Vancouver National Historic Reserve, and 
     $300,000 for the Wheeling National Heritage Area; and a 
     decrease of $750,000 for the Alaska Native Cultural Center.
       With respect to heritage partnership programs, the managers 
     concur with the approach specified by the House, with the 
     understanding that the areas encompassed in the bill language 
     that do not receive the maximum amount shall each receive no 
     less than $200,000.


                       historic preservation fund

       Amendment No. 23: Appropriates $40,812,000 for the historic 
     preservation fund rather than $40,412,000 as proposed by the 
     House and $39,812,000 as proposed by the Senate. The increase 
     above the House provides $400,000 for grants to Indian 
     tribes. Funds for the HBCU initiative are to be allocated as 
     described in House Report 105-163.
       Amendment No. 24: Modifies language proposed by the Senate 
     providing that $4,200,000 for restoration of historic 
     buildings at historically black colleges and universities 
     will remain available until expended. The House had no 
     similar provision.
       The managers are aware of efforts by the Villages of 
     Westhampton Beach and Patchogue to rejuvenate their main 
     street business community by refurbishing two historic 
     theaters and turning them into performing arts centers. 
     Toward this end, and to the extent allowed by law, the 
     relevant Federal agencies should consider, through the normal 
     application and review process, any requests for 
     assistance from the Villages as they proceed with their 
     theater improvements.


                              construction

       Amendment No. 25: Includes language provding that 
     modifications for Everglades National Park are authorized 
     under the construction account as proposed by the Senate. The 
     House had no similar provision.
       Amendment No. 26: Appropriates $214,901,000 for 
     construction instead of $148,391,000 as proposed by the House 
     and $173,444,000 as proposed by the Senate. The managers 
     agree to the following distribution of funds:


        Project                                                  Amount
Acadia NP (carriage roads)...................................$1,200,000
Acadia NP (upgrade utilities).................................2,000,000
Accokeek Foundation (facilities)................................200,000
Alaska Native Heritage Center.................................2,200,000
Amistad NRA (sewer treatment)...................................750,000
Blackstone River Valley NHC (exhibits/signs)....................500,000
Blue Ridge Parkway (administration bldg)......................1,500,000
Blue Ridge Parkway (dam repair)...............................1,100,000
Blue Ridge Parkway (EIS)........................................300,000
Blue Ridge Parkway (Fisher Peak)..............................5,235,000

[[Page H9021]]

Boston NHP (elevator).........................................1,600,000
Cape Hatteras NS (lighthouse).................................2,000,000
Carisbad Caverns NP (water collection)........................3,752,000
Cuyahoga Valley NRA (repair & rehabilitation).................4,500,000
Darwin Martin House (restoration)...............................500,000
Dayton Aviation NHP (Hoover Print Block restoration)..........3,500,000
Delaware Water Gap NRA (dam repair).............................900,000
Delaware Water Gap NRA (education facilities).................2,000,000
Delaware Water Gap NRA (trail development)....................1,500,000
Denali NP&P (Riley Creek utilities rehabilitation)............4,150,000
El Malpais NM (multiagency center)............................1,500,000
Everglades NP (water delivery)...............................11,900,000
Everglades NP (water line)....................................3,000,000
FDR Home NHS (water supply)...................................1,540,000
FDR Home NHS (Vanderbilt utilities)...........................1,300,000
Fort McHenry NM and Historic Shrine (wall rehabilitation).....1,200,000
Fort Necessity NB (Jumonville and Braddock access, parking).....955,000
Fort Necessity NB (Washington Tavern access, parking).........1,290,000
Fort Smith NHS (rehabilitation)...............................3,400,000
Fort Sumter NM (site development).............................2,860,000
Gateway NRA (road protection).................................4,800,000
Gauley NRA (facilities planning)................................750,000
General Grant NM (restoration of grounds and facilities)........900,000
George Washington Memorial Parkway (trail repair)...............300,000
Glacier Bay NP&P (wastewater treatment).......................1,731,000
Grand Canyon NP (transportation)..............................2,900,000
Hispanic Cultural Center (arts center)........................3,000,000
Hot Springs NP (stabilization, lead abatement)..................500,000
Independence NHP (utilities, rehabilitation)..................4,300,000
Isle Royale NP (vessel).......................................2,300,000
Jean Lafitte NHP&P (shoreline stabilization)..................2,000,000
Katmai NP&P (rehabilitation)....................................200,000
Kenai Fjords NP (Seward interagency facility)...................300,000
Lake Mead NRA (water system)..................................4,700,000
Lewis & Clark Trail (trail construction)........................300,000
Manzanar NHS (fence repair).....................................310,000
Marsh-Billings NHP (rehabilitation carrage house).............2,400,000
Minute Man NPH (road/trail)...................................2,000,000
Mount Rainer NP (employee dorms)..............................2,452,000
Natchez Trace Parkway (road construction).....................5,100,000
National Capital Parks (Washington Monument)..................1,000,000
National Capital Parks (Jefferson Monument)...................4,500,000
New Bedford Whaling NHP (roof repair)...........................153,000
New River Gorge NR (access, trails)...........................2,525,000
Oklahoma City National Memorial (construction)................5,000,000
Penn Center (rehabilitation)....................................500,000
President's Park (HVAC)......................................11,500,000
Rock Creek Park tennis facilities (access improvements).........200,000
Rutherford B. Hayes Home (rehabilitation).......................500,000
Sequoia NP (facilities).......................................3,000,000
Shiloh NMP (interpretative center)............................1,000,000
Shiloh NMP (bank stabilization)...............................2,000,000
Sotterly Plantation (restoration)...............................600,000
Southwest Pennsylvania Heritage Comm. (rehabilitation)........2,000,000
Stones River NB (rehabilitation & trail)........................650,000
Timpanogos Cave NM (joint facility).............................510,000
Trail of Tears NHT, NC (museum exhibits)........................600,000
Trail of Tears NHT, OK (museum exhibits)........................600,000
Upper Delaware SRR (aqueduct)...................................420,000
Vancouver NHR (planning restoration)..........................2,223,000
Vicksburg NMP (rehabilitation)................................1,695,000
Vietnam Veterans Museum, Chicago..............................1,000,000
Wind Cave NP (elevators)......................................1,400,000
Wrangell-St. Elias NP&P (headquarters and interpretive center)..400,000
Zion NP (transportation)......................................3,210,000
                                                       ________________
                                                       
    Project total...........................................156,761,000
Emergency unscheduled housing................................15,000,000
Planning.....................................................17,500,000
General management plan.......................................7,775,000
Equipment replacement........................................17,865,000
                                                       ________________
                                                       
    Total...................................................214,901,000

       The managers have included $,2,200,000 to assist in the 
     construction of the Alaska Native Heritage Center. This 
     completes the Park Service commitment to construction of this 
     project.
       The managers have provided $1,500,000 for the El Malpais 
     Multiagency administrative and information center in New 
     Mexico. These funds are to be equally matched with non-
     Federal funds. This completes the Park Service construction 
     commitment to this project. Funding for exhibits, furnishings 
     and operations should be provided equally by all partners.
       The managers have provided $5,000,000, the total Federal 
     commitment, for the proposed Oklahoma City National Memorial. 
     The managers understand that a private trust will be 
     responsible for the operations of this facility.
       The managers have agreed to provide $1,000,000 to initiate 
     planning and design for the Corinth, MS, interpretive center 
     at Shiloh National Military Park. The managers encourage the 
     Park Service to keep the total cost of this project as low as 
     possible and to work with the local community and other 
     interested parties to generate a significant non-Federal 
     cost share.
       The managers have included $510,000 for planning and design 
     of a joint Park Service and Forest Service facility at 
     Timpanogos Cave National Monument, Utah. The managers 
     understand that the total construction cost for this 
     administrative/information center is $4,500,000. The managers 
     expect future budget submissions to reflect a 50/50 cost 
     share between the Park Service and the Forest Service.
       Of the $2,223,000 in construction funds made available for 
     the Vancouver National Historic Reserve, $150,000 is for 
     developing a management plan for the Reserve, pursuant to 
     Public Law 104-333, Section 502; $200,000 is for 
     reconstruction at historic Fort Vancouver; $500,000 is for 
     the removal of airplane hangars and cultural landscape 
     restoration on National Park Service lands; and $1,373,000 is 
     for historic structure surveys, restoration planning, 
     restoration construction, and historic exhibits in the 
     Reserve. Use of funds for and expenses associated with the 
     Jack Murdock Aviation Center should be consistent with the 
     Cooperative Agreement between the City of Vancouver and the 
     National Park Service (agreement number 1443-CA9000-96-01, 
     executed December 4, 1995).
       The managers have provided $50,000 for a special resource 
     study for the Charleston school district in Arkansas.
       The managers direct the National Park Service to provide 
     the necessary funding from its Federal Highway Lands Program 
     funds to ensure completion of the U.S. Highway 27 Bypass 
     around the Chickamauga-Chattanooga National Military Park no 
     later than December 31, 1999.
       The managers have provided $300,000 for the Lewis and Clark 
     Trail Visitor Center. These funds, subject to matching from 
     non-Federal sources, complete the Federal commitment.
       Amendment No. 27: Restores language proposed by the House 
     and stricken by the Senate which provides that $500,000 for 
     the Rutherford B. Hayes Home, and $600,000 for the Sotterley 
     Plantation shall be derived from the Historic Preservation 
     Fund; inserts language proposed by the Senate which provides 
     similar authority for $500,000 for the Darwin Martin House 
     and $500,000 for Penn Center; provides that funds for the 
     Hispanic Cultural Center are subject to authorization; 
     prohibits the use of funds to relocate the Brooks River Lodge 
     in Katmai NP&P from its current location; and inserts 
     language providing $1,000,000 to be used for the Vietnam 
     Veterans Museum in Chicago, Illinois.
       The managers are providing $300,000 to the National Park 
     Service and $100,000 to the Forest Service to begin the 
     planning and design of a multi-agency facility in Seward, 
     Alaska. The facility will include a convention center for the 
     City of Seward, and office and visitor facility space for the 
     two Federal agencies. The location of the convention center 
     and agency operations in a common building will generate 
     efficiencies and cost savings by providing a single facility 
     that combines administrative and interpretative programs and 
     that streamlines facility operations and maintenance. These 
     funds are being provided with the understanding that the 
     facility will be financed, constructed, owned and operated by 
     the City of Seward. The managers intend that the Federal 
     involvement in this project be limited to funding the 
     planning and design, and that the Federal office and visitor 
     facility space be procured via long-term leases with the City 
     of Seward.
       An amount of $400,000 is provided for site preparation for 
     a visitor center in Wrangell-St. Elias National Park and 
     Preserve. The managers are pleased the initial cost estimate 
     of up to $19,000,000 has been scaled down to $4,500,000 and 
     the size of the facility reduced by two-thirds to reduce 
     costs.
       The managers note that the City of Galax, VA has donated 
     approximately 1,100 acres of prime land to the National Park 
     Service to

[[Page H9022]]

     be the location for the Fisher Peak Center on the Blue Ridge 
     Parkway. The managers further acknowledge the commitment of a 
     non-governmental, non-profit organization to take 
     responsibility for the operation of all cultural aspects of 
     the center's activities, including acquisition and 
     maintenance of exhibits and payment of fees and expenses for 
     performing artists. Following construction of the center, the 
     Park Service's responsibility for the center will be limited 
     to maintenance of the infrastructure, in accordance with the 
     draft negotiations previously undertaken by the NPS and the 
     non-profit organization. The managers believe the donation of 
     land and the financial contribution represented by the 
     operation of the cultural activities at Fisher Peak over the 
     life of the facility should constitute a non-Federal share 
     for the center of considerably more than 50 percent of the 
     construction cost.
       The managers direct the National Park Service to conduct a 
     study, within available funds, on the feasibility of 
     establishing the Androscoggin River Valley as a National 
     heritage area.
       The managers have provided $3,000,000 for the Hispanic 
     Cultural Center in Albuquerque, New Mexico, subject to 
     authorization. The managers note that this facility will not 
     be located in or near a unit of the National Park System and 
     therefore encourage that future funding be provided from 
     other Federal or non-Federal sources.
       Amendment No. 28: Deletes Senate language directing the 
     reprogramming of funds from the Jefferson National Expansion 
     Memorial to the U-505 National Historic Landmark. The House 
     had no similar provision.


                            land acquisition

       Amendment No. 29: Appropriates $143,290,000 for land 
     acquisition instead of $129,000,000 as proposed by the House 
     and $126,690,000 as proposed by the Senate. The managers 
     agree to the following distribution of funds:

        Project                                                  Amount
Appalachian Trail............................................$4,200,000
Arkansas Post NM, AR............................................440,000
Aztec Ruins, NM, NM.............................................600,000
Big Cypress NPr, FL..........................................10,000,000
Chattahoochee River NRA, GA...................................3,000,000
Cuyahoga Valley NRA, OH.......................................4,000,000
Denali NP&P, AK...............................................2,000,000
Everglades NP, FL............................................66,000,000
Fredericksburg/Spotsylvania NMP, VA...........................3,500,000
Gauley NRA, WV..................................................950,000
Golden Gate NRA, CA...........................................1,550,000
Hagerman Fossil Beds NM, ID.....................................800,000
Haleakala NP, HI..............................................1,000,000
Indiana Dunes NL, IN..........................................3,000,000
Minute Man NHP, MA..............................................500,000
New River Gorge NR, WV........................................2,000,000
Olympic NP, WA................................................3,000,000
Palo Alto Battlefield NHS, TX...................................900,000
Petroglyph NM, NM.............................................2,000,000
Saguaro NP, AZ................................................3,000,000
San Antonio Missions NHP, TX..................................1,500,000
Santa Monica Mountains NRA, CA................................1,000,000
Sterling Forest, NY...........................................8,500,000
Stones River NB, TN...........................................1,000,000
Voyageurs NP, MN................................................650,000
Wrangell-St. Elias NP&P, AK...................................4,200,000
Aacquisition management.......................................8,500,000
Emergency/hardships...........................................3,000,000
Inholdings/exchanges..........................................1,500,000
State grant assistance........................................1,000,000
                                                       ________________
                                                       
    Total...................................................143,290,000

       Amendment No. 30: Earmarks $1,000,000 for administering the 
     State assistance program as proposed by the House. These 
     funds are associated with close-out of prior year awards.
       Amendment No. 31: Deletes House language providing an 
     earmark for the Sterling Forest.
       The amendment also includes language as proposed by the 
     Senate providing the Secretary of the Interior authority to 
     provide Federal land acquisition funds to the State of 
     Florida for the protection of the Everglades and allows for 
     acquisitions within Stormwater Treatment Area 1-E, including 
     reimbursement. Funds are made available for STA 1-E because 
     STA 1-E will be designed and operated to improve the quality 
     of water flowing into the Loxahatchee NWR.
       While the managers have agreed to the Senate bill language 
     giving the Secretary of the Interior authority to provide 
     Federal assistance to the State of Florida for land 
     acquisition in the Everglades, the managers agree that 
     completing the Federal acquisitions remains the priority for 
     the use of Federal acquisition dollars. The managers also 
     believe progress should continue on the east buffer.
       The managers intend that any funds remaining available for 
     land acquisition for, or development of, the East St. Louis 
     portion of the Jefferson National Expansion Memorial may not 
     be expended until private entities located within the East 
     St. Louis portion of the Memorial have been removed or 
     relocated (using non-Federal funds) for park development 
     purposes. Further appropriations for this purpose are not 
     likely until these local issues are resolved.
       The managers have provided $1,550,000 to purchase the 
     Giacomini Ranch property within the Golden Gate National 
     Recreation Area. These funds, along with the $3,200,000 in 
     State funds, complete this purchase.
       The managers have provided funds to complete the purchase 
     of the Gisler property in the Hagerman Fossil Beds National 
     Monument. The purchase of this desirable property from a 
     willing seller should be conducted with all due speed based 
     on an offer to sell dated May 21, 1997.
       The managers direct that the funds provided for Stones 
     River National Battlefield may only be spent on acquisitions 
     within the authorized park boundaries as of January 1, 1996.

                    United States Geological Survey


                 surveys, investigations, and research

       Amendment No. 32: Appropriates $759,160,000 for surveys, 
     investigations and research instead of $755,795,000 as 
     proposed by the House and $758,160,000 as proposed by the 
     Senate. Changes to the amount proposed by the House include 
     increases of $3,000,000 for the global seismographic network, 
     $1,000,000 for volcano hazard studies for Hawaii and Alaska, 
     $2,000,000 for the Alaska minerals at risk project and 
     $500,000 for Great Lakes research; and decreases of $500,000 
     for biological information management, $135,000 for Caddo 
     Lake (funded under the U.S. Fish and Wildlife Service), and 
     $2,500,000 for the pilot competitive grant research program.
       The hypoxia zone in the Louisiana shelf of the Gulf of 
     Mexico has grown to an area of about 7,000 square miles and 
     because of its size and scope is having a significant 
     negative impact on the fishing industry in the Gulf. The 
     managers support the U.S. Geological Survey's research into 
     the causes and effects of the problem. The managers urge the 
     Survey to consider this a high priority in its fiscal year 
     1999 budget.
       The managers expect the current policy with respect to 
     awarding competitive grants to the Water Resources Research 
     Institutes to be continued.
       Increased funding for the cooperative research units is 
     provided in order to fill some of the 20 position vacancies 
     that now exist at established units. The managers have not 
     provided any funding to establish new cooperative research 
     units.
       Amendment No. 33: Earmarks $2,000,000 for an Alaska mineral 
     and geologic data base as proposed by the Senate. The House 
     had no such earmark.
       Amendment No. 34: Earmarks $145,159,000 for the biological 
     research activity and the operation of the cooperative 
     research units instead of $147,794,000 as proposed by the 
     House and $147,159,000 as proposed by the Senate.
       Amendment No. 35: Deletes language proposed by the Senate 
     allowing the United States Geological Survey to make payments 
     to local entities for real properties transferred from the 
     Fish and Wildlife Service to the Survey. The House had no 
     similar provision. Language is included under General 
     Provisions, Department of the Interior, to allow the U.S. 
     Fish and Wildlife Service to continue these payments.

                      Minerals Management Service


                royalty and offshore minerals management

       Amendment No. 36: Appropriates $137,521,000 for royalty and 
     offshore minerals management instead of $139,621,000 as 
     proposed by the House and $135,722,000 as proposed by the 
     Senate. Changes to the amount proposed by the House include 
     an increase of $1,200,000 in resource evaluation for the 
     marine minerals resource center program and decreases of 
     $1,000,000 in the OCS lands regulatory program for a 
     clearinghouse for offshore petroleum production information 
     and $2,300,000 in the royalty management program, of which 
     $1,000,000 is for valuations and operations and $1,300,000 is 
     for compliance.
       The managers expect the MMS to report on how funds for the 
     marine minerals resource center program will be used to 
     support the MMS mission, and thereafter to keep the 
     Committees advised of how these funds are being used.
       The managers are aware that the MMS has received numerous 
     expressions of concern about the proposed new regulations on 
     oil valuation including concerns about the proposed changes 
     in the long standing practice of valuation of hydrocarbon 
     production at the lease where it is brought to the surface; 
     the impact of transportation, administrative costs and other 
     risks if valuation of hydrocarbon production is conducted 
     away from the lease site; and the application of any new 
     regulations retroactively. The managers expect the MMS to 
     continue to consult with industry and the States and to 
     report back to the Committees prior to finalizing this 
     regulation. The managers also intend to explore the 
     possibility of an independent evaluation by the General 
     Accounting Office on this issue and on the issue of royalty 
     in kind.
       The managers understand that the MMS needs to acquire 
     geological and geophysical information to obtain the 
     information needed to ensure that fair prices are received on 
     outer continental shelf tracts offered for leasing. This is 
     a responsibility to MMS has to the taxpayers of this 
     country. However, the MMS also has the responsibility of 
     ensuring that company confidential information is 
     protected from disclosure. In finalizing the proposed rule 
     on geological and geophysical information, the MMS should 
     ensure that both of these responsibilities are met and 
     should continue to work with the industry toward that end.
       Amendment No. 37: Earmarks $68,574,000 for royalty 
     management instead of $70,874,000 as proposed by the House 
     and $66,175,000 as proposed by the Senate.

[[Page H9023]]

       Amendment No. 38: Deletes language proposed by the House 
     and stricken by the Senate which would have limited the use 
     of receipts to activities within the outer continental shelf 
     lands program.
       Amendment No. 39: Earmarks $3,000,000 to remain available 
     for two fiscal years for computer acquisitions as proposed by 
     the Senate instead of $1,500,000 as proposed by the House.

          Office of Surface Mining Reclamation and Enforcement


                       Regulation and Technology

       Amendment No. 40: Appropriates $95,437,000 for regulation 
     and technology as proposed by the House instead of 
     $97,437,000 as proposed by the Senate. The agreement does not 
     fund the acid mine drainage technology initiative proposed by 
     the Senate.


                    Abandoned Mine Reclamation Fund

       Amendment No. 41: Appropriates $177,624,000 for the 
     abandoned mine reclamation fund as proposed by the Senate 
     instead of $179,624,000 as proposed by the House.

                        Bureau of Indian Affairs


                      operation of indian programs

       Amendment No. 42: Appropriates $1,528,588,000 for the 
     operation of Indian programs instead of $1,526,815,000 as 
     proposed by the House and $1,529,024,000 as proposed by the 
     Senate. Changes to the amount proposed by the House include 
     increases of $1,500,000 for the tribally controlled community 
     colleges, $1,000,000 under non-recurring programs for tribes 
     in South Dakota that intend to run their own welfare 
     programs, and $500,000 for the United Tribes Technical 
     College; and decreases of $427,000 for the Gila River Farms 
     project and $800,000 for trust records management.
       The managers have agreed upon a new distribution for tribal 
     priority allocation funding for fiscal year 1998. This 
     distribution is as follows: (1) requested fixed cost 
     increases, internal transfers, and proposed increases to 
     formula driven programs not included in the tribes' TPA base; 
     (2) all tribes are provided a minimum funding level of 
     $160,000; and (3) any remaining funds will be distributed 
     based on recommendations of a task force to be established by 
     the Secretary of the Interior. Other than this agreed upon 
     distribution there are no other earmarks for TPA. A more 
     detailed explanation is provided under General Provisions, 
     Department of the Interior, Amendment No. 65.
       Within other recurring programs $600,000 is provided for 
     the Bering Sea Fishermen's Association.
       Amendment No. 43: Earmarks $55,949,000 to 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 instead of $59,775,000 
     as proposed by the House and $59,479,000 as proposed by the 
     Senate.
       Amendment No. 44: Inserts language proposed by the Senate 
     allowing tribes to use tribal priority allocation funds for 
     replacement and repair of school facilities, provided that 
     such replacement and repair is approved by the Secretary of 
     the Interior and is completed with non-Federal and/or TPA 
     funds. The House had no similar provision.
       The managers have included bill language to allow tribes to 
     use TPA funds for replacement and repair of school 
     facilities. This language requires that tribes comply with 
     applicable building codes, obtain the approval of the 
     Secretary of the Interior for proposed projects, and complete 
     projects with TPA and/or non-Federal funds. The Secretary's 
     approval would be based on the determination that the 
     proposed projects comply with the Bureau's education space 
     guidelines; the Bureau would have the two-year lead time it 
     requires to plan adequately for operation and maintenance 
     costs; and tribes would have adequate funding to complete the 
     project.


                              construction

       Amendment No. 45: Appropriates $125,051,000 for 
     construction as proposed by the Senate instead of 
     $110,751,000 as proposed by the House. Changes to the amount 
     proposed by the House include increases of $1,800,000 for the 
     Pyramid Lake school, $1,600,000 for the Sac and Fox school, 
     $1,800,000 for the WaHeLut school, and $9,100,000 for the Ute 
     Mountain Ute detention center.
       The managers are aware of assistance that has been provided 
     in prior years to the Marty Indian school in South Dakota. To 
     the extent that there are additional high-priority 
     requirements identified for the facilities which service the 
     elementary grades at this location, the Bureau should give 
     consideration to these needs through the emergency or minor 
     repair programs within the educational facility improvement 
     and repair program.


 indian land and water claim settlements and miscellaneous payments to 
                                indians

       Amendment No. 46: Appropriates $43,352,000 for Indian land 
     and water claim settlements and miscellaneous payments to 
     Indians as proposed by the Senate instead of $41,352,000 as 
     proposed by the House. Changes to the amount proposed by the 
     House include increases of $1,500,000 for the Pyramid Lake 
     settlement and $500,000 for church restoration on the 
     Aleutian and Pribilof Islands.
       Amendment No. 47: Earmarks $42,000,000 for implementation 
     of settlements as proposed by the Senate instead of 
     $40,500,000 as proposed by the House.
       Amendment No. 48: Earmarks $1,352,000 for various 
     settlements as proposed by the Senate instead of $852,000 as 
     proposed by the House.
       Amendment No. 49: Inserts references to Public Laws 101-383 
     and 103-402 as proposed by the Senate consistent with the 
     funding earmark in Amendment No. 48.

                          DEPARTMENTAL OFFICES

                            Insular Affairs


                       assistance to territories

       Amendment No. 50: Appropriates $67,514,000 for assistance 
     to territories instead of $68,214,000 as proposed by the 
     House and $67,214,000 as proposed by the Senate. The decrease 
     to the amount proposed by the House is $700,000 for technical 
     assistance within the territorial assistance activity.
       Amendment No. 51: Earmarks $63,665,000 for technical 
     assistance instead of $64,365,000 as proposed by the House 
     and $63,365,000 as proposed by the Senate.


                      compact of free association

       Amendment No. 52: Appropriates $20,545,000 for the compact 
     of free association as proposed by the Senate instead of 
     $20,445,000 as proposed by the House. The conference 
     agreement includes $100,000 above the level proposed by the 
     House for Enewetak support.


                        departmental management

       The managers agree not to require the Alaska North Slope 
     land exchange assessment mandated in the Senate report.

                      Office of Inspector General


                         salaries and expenses

       Amendment No. 53: Appropriates $24,500,000 for the Office 
     of the Inspector General as proposed by the Senate instead of 
     $24,439,000 as proposed by the House.

                   National Indian Gaming Commission


                         salaries and expenses

       Amendment No. 54: Appropriates $1,000,000 with one-year 
     availability for salaries and expenses of the National Indian 
     Gaming Commission as proposed by the House instead of 
     $1,000,000 to remain available until expended as proposed by 
     the Senate.

             Office of Special Trustee for American Indians


                         federal trust programs

       Amendment No. 55: Appropriates $33,907,000 for Federal 
     trust programs in the Office of Special Trustee for American 
     Indians instead of $32,126,000 as proposed by the House and 
     $35,689,000 as proposed by the Senate. There is a general 
     increase of $1,781,000 above the House level.
       Within the funds provided for the office of the special 
     trustee $2,197,000 is provided for settlement and litigation 
     support. The managers understand that the demands placed on 
     the office of the special trustee to support activities 
     related to settlement efforts and ongoing tribal and IIM 
     litigation are significant. These activities are critical to 
     ensuring that the Federal government appropriately addresses 
     its past management of Indian trust accounts. The managers 
     expect to be kept apprised of settlement and litigation 
     activities through semiannual reports to the Committees.
       Amendment No. 56: Strikes the redundant phrase ``for trust 
     fund management'' in the description of programs to be funded 
     under the Office of Special Trustee for American Indians as 
     proposed by the Senate.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       Amendment No. 57: Deletes language proposed by the House 
     and stricken by the Senate restricting the use of funds for 
     finalizing a rule regulation pertaining to the recognition, 
     management, or validity of a right-of-way pursuant to Revised 
     Statute 2477 and inserts language providing that Park Service 
     units participating in the recreation fee demonstration 
     program cover the cost of collecting fees within the funds 
     retained at each unit. The managers note that 80% of all fees 
     collected under the demonstration project are retained by the 
     collecting unit.
       Section 107 of the House bill prohibited any agency of the 
     Federal government from implementing any final rules or 
     regulations regarding the recognition, management, or 
     validity of rights of way established pursuant to section 
     2477 of the Revised Statutes (43 U.S.C. 932). The language of 
     section 107 is identical to section 108 of the Department of 
     the Interior and Related Agencies Appropriations Act, 1997 
     (Public Law 104-208, 110 Stat. 3009-200). The Senate bill or 
     fiscal year 1998 did not contain any provision similar to 
     section 107 because the Senate maintained that section 108 of 
     the fiscal year 1997 Interior appropriations law was intended 
     as, and is, permanent law. The Comptroller General recently 
     reviewed section 108 of the fiscal year 1997 Interior 
     appropriations law and determined that it is permanent law 
     (Opinion B-277719, August 20, 1997). The Comptroller 
     General's opinion is printed on page E1681 of the 
     Congressional Record of September 8, 1997.
       The managers agree with the Comptroller General that 
     existing law prohibits any final rules or regulations 
     regarding the recognition, management, or validity of rights 
     of way established pursuant to section 2477 of the Revised 
     Statutes from taking effect until such time as any such rules 
     or regulations are expressly authorized by an Act of 
     Congress. Further, the managers note that noting in the 
     deletion of section 107 or in any provision of the conference 
     report shall be constructed as contradicting or diminishing 
     the permanence of section 108 of the fiscal year 1997 
     Interior appropriations law or as a subsequent Act of 
     Congress expressly authorizing any final rules or regulations 
     regarding

[[Page H9024]]

     section 2477 of the Revised Statutes to take effect.
       Amendment No. 58: Makes a technical correction to House 
     language continuing the moratorium on offshore oil and gas 
     leasing in the North Aleutian Basin as proposed by the 
     Senate.
       Amendment No. 59: Modifies House language regarding the 
     ability of Indian tribes, tribal organizations, or tribal 
     consortia to invest advance payments or to allow such 
     payments to be invested in certain mutual funds and 
     securities or to be deposited in certain protected accounts 
     as proposed by the Senate.
       The intent of the investment restrictions contained in 
     Section 112 is to limit the types of permissible investments 
     for all funds appropriated and obligated under the Indian 
     Self-Determination and Education Assistance Act and the 
     Tribally Controlled Schools Act. This is to ensure that these 
     funds are available to support the public functions for which 
     these funds were appropriated. The managers believe that 
     these goals will be achieved by barring risky investments 
     such as those in speculative securities, in unsecured 
     financing arrangements, or uncollateralized or uninsured bank 
     accounts. The managers strongly believe that should losses 
     occur, such amounts must be repaid by the tribes.
       Amendment No. 60: Inserts language proposed by the House 
     and modified by the Senate concerning severance pay and 
     others benefits by Bureau of Land Management employees in the 
     helium operations program to include certain training 
     benefits and to clarify annual leave restoration provisions 
     as proposed by the Senate.
       Amendment No. 61: Restores language inserted by the House 
     and stricken by the Senate stipulating that the establishment 
     of a new regional office in the United States Fish and 
     Wildlife Service requires the advance approval of the House 
     and Senate Committees on Appropriations.
       The managers are sympathetic to the Service's argument that 
     the large workload on the west coast is putting a strain on 
     the regional office in Portland, Oregon. The managers believe 
     that the Service's proposal to create a new regional office 
     at a cost of $10 million and more than 120 FTEs may not be 
     the best use of additional resources and staffing. In this 
     conference agreement the managers have been very sensitive to 
     the Service's need to address its large maintenance and 
     operational backlogs in the field. The managers do not want 
     to see a large new bureaucracy drain both funding and 
     staffing increases which are so essential to making on-the-
     ground improvements as the National refuge system approaches 
     its 100th birthday in the year 2003. The managers 
     note that the Vice President's National Performance Review 
     goals are targeted toward reducing the size of the Federal 
     bureaucracy and empowering employees to take responsibility 
     for their work assignments without a multi-layered review 
     bureaucracy. Therefore, the managers encourage both the 
     Service and the Administration to examine a variety of cost-
     effective alternatives, including non-traditional 
     alternatives, to deal with the Service's west coast workload 
     problem, such as placing additional personnel in the field. 
     The House and Senate Committees on Appropriations will 
     continue to work with the Service to identify the most 
     appropriate way to address this problem. The managers believe 
     the solution should be part of an overall approach to 
     addressing the operational, maintenance and staffing needs of 
     the Service.
       Amendment No. 62: Inserts language conveying the Bowden 
     National Fish Hatchery to the State of West Virginia as 
     proposed by the Senate. The House had no similar provision. 
     This provision is consistent with the hatchery transfer 
     proposal included in the fiscal year 1996 Appropriations Act.
       Amendment No. 63: Amends section 115 of Public Law 103-332 
     to allow agencies in addition to the Department of the 
     Interior to fund cooperative research agreements 
     incrementally with funds provided by other Federal agencies 
     as proposed by the Senate. The House had no similar 
     provision.
       Amendment No. 64: Amends Public Law 100-446 as proposed by 
     the Senate to change the annual amount that can be expended 
     for Kili and Ejit at Bikini Atoll and to provide for 
     inflation adjustments. The House had no similar provision.
       Amendment No. 65: Modifies language proposed by the Senate 
     directing the BIA to reallocate tribal priority allocation 
     (TPA) funds. The House had no similar provision.
       The managers agree that the current pro rata distribution 
     of TPA, based on historical methods dating to the 1930s, has 
     resulted in great disparity in the funds of the non-formula 
     funded TPA programs, which are referred to as ``base'' funds. 
     Currently, 309 of the 526 Federally recognized tribes do not 
     receive a base of even $160,000, the minimum level of TPA 
     funding per tribe recommended by the Joint Tribal/BIA/DOI 
     Advisory Task Force on Reorganization of the BIA in its 1994 
     report. The managers agree that the BIA shall raise the base 
     funding of all tribes not receiving the minimum recommended 
     TPA funding to $160,000 in fiscal year 1998.
       The managers understand that the tribes have obligations 
     related to the use of the TPA funds. The managers have 
     provided tribes with full fiscal year 1997 TPA funding, 
     adjusted for all fixed costs and internal transfers, and have 
     provided funding for the proposed increases to the formula 
     driven programs not included in tribes' base.
       To the extent that TPA funds remain available for 
     allocation after distribution as directed above, the managers 
     agree that the funds should not be allocated under the 
     current method used by the BIA. The managers direct the 
     Secretary to convene a task force of Federal officials and 
     tribal representatives by October 31, 1997, to determine the 
     allocation of any remaining TPA funds, based on the 
     recommendations and principles contained in the 1994 report. 
     If the task force cannot agree on a distribution consistent 
     with the 1994 report by January 31, 1998, the Secretary shall 
     distribute the funds by February 28, 1998, based on the 
     recommendations of a majority of task force members, or, if 
     no majority recommendation can be reached, considering the 
     recommendations of the task force members. The managers urge 
     the task force and the Secretary, in the event that the 
     Secretary has to distribute the funds without a distribution 
     recommendation supported by a majority of task force members, 
     to consider the inequities in current TPA allocation and the 
     disparate economic situations of the tribes.
       Amendment No. 66: Amends Section 116 of Public Law 104-208 
     as proposed by the Senate to correct citations in the fiscal 
     year 1997 appropriations Act relating to the transfer of a 
     Federal facility in Salt Lake City, Utah, to the University 
     of Utah. The House had no similar provision.
       Amendment No. 67: Amends language relating to Kantishna 
     Mining claims acquisition which was set out in the Senate 
     bill. In 1903, gold miners first staked claims in the area 
     known as the Kantishna Mining District. Mining operations 
     continued, and periodically enjoyed a number of boom years, 
     right up through the 1970's. In 1980, the area became part of 
     the National Park System. In 1985, the Park Service was 
     enjoined from approving claim owners' operation plans until 
     an Environmental Impact Statement (EIS) was completed. The 
     preferred alternative in the EIS was for the National Park 
     Service to acquire the claims. Under these circumstances, and 
     subsequent delays and uncertainties, a large majority of 
     claim owners believed that mining operation plans would not 
     be approved. This section is intended to provide both the 
     claim owners and the National Park Service with an 
     expeditious mechanism to resolve these claims. While 
     incorporating the procedures and jurisprudence under the 
     Declaration of Takings Act, this section includes an 
     additional procedure provided under this section for the 
     owner's ability to bring suit.
       The managers recognize that there has been significant 
     dispute as to whether there have been takings of mining 
     claims. This section offers consenting owners the opportunity 
     at least to obtain compensation as of 90 days from the day of 
     enactment of this Act, while leaving the takings matter to 
     the parties or the court system to resolve.
       The National Park Service is encouraged to use, to the 
     greatest extent feasible, and within reasonable health and 
     safety guidelines and in consultation with the Alaska State 
     Historic Preservation Officer, any equipment or structures 
     not removed by owners that are of an historic nature as part 
     of future exhibits on mining within Denali National Park and 
     Preserve. In addition, the managers encourage the National 
     Park Service to allow appropriate visitor use of the trails 
     and roads created by the miners. Congress does not authorize 
     the National Park Service to use this section to force 
     unwilling sellers off their patented or unpatented land.
       The managers have provided funding in the NPS land 
     acquisition account, in part, to pay for administrative work 
     such as validity determinations and appraisals, as well as 
     the review of information received from claim owners pursuant 
     to this section. Such money may also fund the acquisition of 
     claims through Declarations of Takings account.
       Amendment No. 68: Modifies language proposed by the Senate 
     which amends Section 1034 of Public Law 104-333 to extend the 
     period for filing by Alaska Native Corporations regarding the 
     land conveyance dispute in Lake Clark National Park and 
     Preserve, AK. The modification permits the introduction of 
     any relevant evidence. The House had no similar provision.
       Amendment No. 69: Modifies language proposed by the Senate 
     relating to the computation of the refuge revenue sharing 
     payment to the Kodiak Island Borough. The modification 
     requires the Fish and Wildlife Service to conduct another 
     assessment of the property and to base refuge revenue sharing 
     payments, beginning with the payment to be made in fiscal 
     year 1999, on the new assessment. The House had no similar 
     provision.
       Amendment No. 70: Deletes language proposed by the Senate 
     authorizing a National Park Service heritage study of the 
     Androscoggin River Valley, and inserts language authorizing 
     increased assessment fees for the National Indian Gaming 
     Commission, excluding self regulated tribes such as the 
     Mississippi Band of Choctaw. The House had no similar 
     provision.
       Amendment No. 71: Amends Section 3 of Public Law 94-392 as 
     proposed by the Senate regarding the ability of the 
     government of the Virgin Islands to issue bonds. The House 
     had no similar provision.
       Amendment No. 72: Directs the Secretary of the Interior to 
     take action to ensure that the lands comprising the Huron 
     Cemetery of Kansas City, Kansas, are used only for religious 
     and cultural uses compatible with the use of the lands as a 
     cemetery as proposed by the Senate. The House had no similar 
     provision.

[[Page H9025]]

       Amendment No. 73: Revises the boundaries of the Arkansas 
     Post National Memorial as proposed by the Senate to include 
     an additional 360 acres and authorizes the Secretary of the 
     Interior to acquire these acres. The House had no similar 
     provision.
       Amendment No. 74: Modifies language proposed by the Senate 
     regarding Glacier Bay access to provide for open competition 
     and to limit additional passenger ferry transportation into 
     Bartlett Cove from Juneau to one entry per day. The House had 
     no similar provision.
       Amendment No. 75: Amends Title I of Public Law 96-514 under 
     the heading ``Exploration of National Petroleum Reserve in 
     Alaska'' as proposed by the Senate regarding lease operations 
     and royalty terms. The House had no similar provision.
       Amendment No. 76: Inserts language proposed by the Senate 
     prohibiting the Secretary of the Interior from approving any 
     class III tribal-State gaming compacts without the prior 
     approval of a State. It is also the sense of the Senate that 
     the Justice Department should enforce the provisions of the 
     Indian Gaming Regulatory Act. The House had no similar 
     provisions.
       The managers agree that this section prohibits the 
     Secretary of the Interior during fiscal year 1998 from 
     adoption specific procedures to authorize and govern Indian 
     gaming activities in any particular State in the absence of a 
     tribal-State compact approved by a State in accordance with 
     State law.
       Amendment No. 77: Inserts language which modifies a Senate 
     provision relating to definition regulations of the National 
     Indian Gaming Commission. The modification is intended to 
     make clear that the Commission can gather information 
     relating to the Advanced Notice of Proposed Rulemaking, but 
     not issue draft or final rules. The House had no similar 
     provision.
       The managers note that this provision will have no effect 
     on the classification of bingo games, including bingo 
     involving electronic blowers. Such games currently are 
     considered class II and will remain class II under this 
     provision.
       Amendment No. 78: Deletes language inserted by the Senate 
     concerning the Youth Environmental Service program and 
     inserts a provision providing for the U.S. Fish and Wildlife 
     Service to continue to make payments to local entities for 
     real Federal properties transferred to the U.S. Geological 
     Survey. The Senate bill addressed the payment provision under 
     the U.S. Geological Survey. The House had no similar 
     provisions. The managers expect the Department to provide the 
     report requested in the Senate amendment dealing with the 
     Youth Environmental Service program not later than 120 days 
     after enactment of this Act.
       Amendment No. 79: Includes language proposed by the Senate 
     concerning the conveyance of certain lands managed by the 
     Bureau of Land Management to Lander County, Nevada. The House 
     had no similar provision.
       Amendment No. 80: Modifies language proposed by the Senate 
     requiring the sale of certain BLM lands to landowners in 
     Clark County, NV. The House had no similar provision.
       Amendment No. 81: Deletes language proposed by the Senate 
     establishing a National Parks and Environmental Improvement 
     Fund and inserts language providing for a National Park 
     Service land exchange of property in the District of Columbia 
     for property in Prince Georges County, MD, for Oxon Cove 
     Park. The managers have addressed the establishment of an 
     environmental restoration fund in Title IV, Amendment No. 
     162. With respect to the Oxon Cove land exchange, the 
     managers understand that the National Park Service is not 
     liable for the hazardous wastes or other substances placed on 
     the lands.
       Amendment No. 82: Modifies language proposed by the Senate 
     regarding the Stampede Mine Site in Denali NP&P, AK. The 
     House had no similar provision.

                       TITLE II--RELATED AGENCIES

                       Department of Agriculture

                             Forest Service


                     forest and rangeland research

       Amendment No. 83: Appropriates $187,944,000 for forest and 
     rangeland research instead of $187,644,000 as proposed by the 
     House and $188,644,000 as proposed by the Senate. Changes 
     from the amounts proposed by the House include a total of 
     $700,000 for the Rocky Mountain station forest health 
     project, an additional $450,000 for the Institute of Pacific 
     Islands Forestry, IH, an increase of $500,000 for the fine 
     hardwoods tree improvement project in association with Purdue 
     University, IN, and $1,500,000 as additional funding for 
     research at the Pacific Northwest station. The agreement 
     retains the Senate positions that no additional funding is 
     provided as a grant for the Northern Arizona School of 
     Forestry forest health project and that $3,000,000 is 
     provided to accelerate forest inventory and analysis focused 
     on States with partnerships.
       The managers have included an increase of $300,000 for the 
     Rocky Mountain Research Station for monitoring and research 
     to support the Southwest region wildland ecosystem 
     restoration projects, as developed by a joint region-station 
     project team, that also will include appropriate expertise 
     from other organizations. The managers, recognizing the 
     current controversies surrounding the management of the 
     forests in the Southwest, wish to ensure full 
     participation by all parties in the Southwest ecosystem 
     restoration research effort. The Forest Service shall 
     place a representative of the New Mexico Department of 
     Agriculture and a representative from the range task force 
     at New Mexico State University on any advisory committee 
     or team established for this research project. The Forest 
     Service is directed to submit a draft proposal at the 
     earliest possible date to the House and Senate Committees 
     on Appropriations fully outlining its research plans and 
     more complete details on this proposal, including the 
     duration and multi-year cost estimate.


                       state and private forestry

       Amendment No. 84: Appropriates $161,237,000 for State and 
     private forestry instead of $157,922,000 as proposed by the 
     House and $162,668,000 as proposed by the Senate. Changes 
     from the House position include the addition of $500,000 for 
     the Alaska Spruce Bark Beetle task force in the cooperative 
     lands forest health management activity and a reduction of 
     $1,850,000 for cooperative lands fire management. Other 
     changes from the levels proposed by the House include an 
     increase of $2,000,000 for stewardship incentives and 
     $2,000,000 for the forest legacy program, Mountains to Sound 
     Greenway project in Washington State. The Chesapeake Bay 
     program is funded at the fiscal year 1997 level from the 
     forest stewardship activity. The managers encourage the 
     Forest Service to use the stewardship incentives program to 
     enhance sustained commodity production from private lands and 
     aid the nation's supply of forest products and services by 
     using the full range of forest practices authorized for this 
     program. Economic action programs are provided $11,465,000, 
     an increase of $465,000 above the House level. The funds to 
     restore the forestry products conservation and recycling 
     program to the fiscal year 1997 level are provided to 
     maintain the technical assistance for the Princeton Hardwoods 
     Center at the fiscal year 1997 level of $200,000. The 
     economic action program funds should be distributed as 
     follows:

Rural development............................................$5,000,000
Wood in transportation........................................1,200,000
Economic recovery.............................................3,850,000
Forestry products conservation and recycling..................1,200,000
Columbia River Gorge county payments............................215,000

       Amendment No. 85: Retains language proposed by the Senate 
     to provide $800,000 in the Pacific Northwest Assistance 
     activity for the World Forestry Center in Oregon to be used 
     to aid the Umpqua River Basin land exchange project as 
     authorized in section 1028 of Public Law 104-333. The House 
     had no similar provision. The managers encourage the project 
     directors to increase funding from private sources so this 
     study can be finished in fiscal year 1998. The managers 
     expect that no further Federal funds will be necessary and 
     that a report detailing the use of these funds and previous 
     Federal funds and the results of the studies will be provided 
     to the House and Senate Committees on Appropriations no later 
     than January 15, 1999. The managers encourage the involved 
     Federal agencies to cooperate fully with the Umpqua River 
     Basin land exchange project to facilitate the goals of the 
     authorized study.
       Amendment No. 86: Retains language proposed by the Senate 
     exempting the Alaska Spruce Bark Beetle task force from 
     requirements of the Federal Advisory Committee Act. The House 
     had no similar provision.


                         international forestry

       The conference agreement allows the Forest Service to use 
     up to $3,500,000 to support international forestry activities 
     as authorized. These funds may be taken from other 
     appropriations available to the Forest Service. The House and 
     Senate Committees on Appropriations should be informed of the 
     funding mix used. Of this amount, $230,000 is for the 
     international forestry activities of the Institute of Pacific 
     Islands Forestry, an increase of $100,000 over the fiscal 
     year 1997 funding for this activity.


                         national forest system

       Amendment No. 87: Appropriates $1,348,377,000 for the 
     National forest system instead of $1,364,480,000 as proposed 
     by the House and $1,337,045,000 as proposed by the Senate. 
     Changes to the amount proposed by the House include increases 
     of $1,000,000 for inventory and monitoring, $500,000 for 
     anadromous fish habitat management and $2,034,000 for grazing 
     management, and decreases of $1,370,000 for inland fish 
     habitat management, $1,000,000 for timber sales management, 
     $1,000,000 for soil, water and air operations, $500,000 for 
     watershed improvements, $767,000 for minerals and geology 
     management, $1,000,000 for real estate management and 
     $14,000,000 for general administration.
       The conference agreement includes language in Title III 
     encouraging the Forest Service to release forest planning 
     regulations that have been under development since 1990. 
     Other Title III language governs the Interior Columbia River 
     Basin environmental impact statements but the managers have 
     not set a date certain for public comment periods. The 
     conference agreement directs that the Forest Service not 
     begin any new large scale ecoregional assessments, such as 
     the Interior Columbia Basin study, without the advance 
     approval of the House and Senate Committees on 
     Appropriations. Funding associated with such initiatives 
     should be clearly displayed in the budget explanatory notes. 
     The managers agree that the Forest Service should provide 
     advance

[[Page H9026]]

     notice to the House and Senate Committees on Appropriations 
     if small scale, multi-forest assessments are planned that are 
     not reflected in the annual budget justification.
       The managers agree to earmarks proposed by the Senate 
     including $300,000 for the great western trail feasibility 
     study in the Intermountain region and $100,000 for Alaska 
     gold rush centennial exhibits and living history 
     presentations, and an increase of $1,000,000 for trail 
     maintenance in the Pacific Northwest region. The managers 
     expect the challenge cost share funding levels for all 
     activities to follow the budget request, with the addition of 
     $500,000 in both the rangeland and forestland vegetation 
     management activities. The managers agree that a total of 
     $4,000,000 should be used for exotic and noxious plant 
     management, and that the Pacific Northwest region is 
     encouraged to fund the Okanogan and the Colville National 
     Forest activities targeted at the eradication of noxious 
     weeds. The managers note that it appears that Forest Service 
     staff in the Pacific Northwest region has attempted to 
     penalize ranchers in perpetuity for alleged grazing 
     violations. The managers expect that any penalties imposed 
     will reflect the severity of the violation and should not be 
     permanent, and that appropriate agency review of the alleged 
     violations should be undertaken to determine if the penalty 
     is still necessary.
       The managers are concerned that commitments made in the 
     President's Pacific Northwest Forest Plan be fulfilled. 
     Accordingly, the managers expect the Forest Service to make 
     available for sale in fiscal year 1998 the timber volume 
     specified in alternative 9 of the Record of Decision of the 
     Final Environmental Impact Statement, as revised. This volume 
     should be no less than 763 million board feet, which includes 
     no more than 10 percent of the volume in the form of products 
     which the Final Environmental Impact Statement defines as 
     ``other wood''.
       The conference agreement earmarks at least $1,000,000 from 
     the land ownership activity to assist resource input to the 
     relicensing of hydropower projects on national forest lands 
     and to update assessments of hydropower project fair market 
     values. The managers agree with the House language directing 
     the Forest Service to use funds generated as a result of 16 
     U.S.C. 501 promptly for priority road, trail, and bridge 
     maintenance projects to reduce the significant backlog. The 
     report requested by the House on facility, road and bridge 
     maintenance, repair and replacement needs should indicate 
     clearly how this significant source of funds will be used to 
     improve the transportation infrastructure on national forest 
     system lands. The managers reiterate support for cooperative 
     law enforcement agreements and have included funds for this 
     purpose. The managers are aware of a proposed designation of 
     a high intensity drug trafficking area in the Daniel Boone 
     National Forest, KY. Such a designation would provide for 
     enhanced enforcement which would address marijuana production 
     in the Forest. The managers urge the Forest Service to ensure 
     that appropriate law enforcement personnel are provided to 
     support this initiative once approved.
       The managers urge the Forest Service to work cooperatively 
     with Lafayette County, Mississippi, officials in making 
     improvements to county road 244 within the Holly Springs 
     National Forest.
       The managers have agreed to revised instructions, provided 
     in the Forest Service administrative provisions, regarding 
     potential Alaska regional office relocations and other Alaska 
     office closures and alterations proposed by the Senate.
       Amendment No. 88: Modifies language proposed by the Senate 
     governing the use of national forest system funds for the 
     construction of facilities costing no more than $250,000 to 
     require the advance approval of the House and Senate 
     Committees on Appropriations following established 
     reprogramming procedures. The House had no similar provision.


                        wildland fire management

       Amendment No. 89: Appropriates $584,707,000 for wildland 
     fire management instead of $591,715,000 as proposed by the 
     House and $582,715,000 as proposed by the Senate. The 
     managers agree that $4,000,000 should be used from the fire 
     operations activity for the new fire science and management 
     program to work closely with the similar program at the 
     Department of the Interior.


                    reconstruction and construction

       Amendment No. 90: Appropriates $166,045,000 for 
     reconstruction and construction instead of $154,522,000 as 
     proposed by the House and $155,669,000 as proposed by the 
     Senate. Increases above the House allowance for recreation 
     roads include $1,000,000 for the Hamma Hamma road in 
     Washington and $800,000 for the Trappers Loop Connector road 
     in Utah.
       The managers agree to the following distribution of funds:


        Project                                                  Amount
Facilities construction:
Research:
Inst. Pacific Islands Forestry (HI)............................$360,000
Request projects..............................................2,377,000
                                                       ________________
                                                       
    Subtotal: Research........................................2,737,000
                                                       ================

Fire, Admin., other:
Boulder Ranger District (CO)..................................1,000,000
Grey Towers Nat. Historic Site (PA)...........................2,300,000
Oakridge RD station reconstruction (OR).......................4,000,000
Wayne NF supervisor's office (OH)...............................500,000
Seward RD interagency center (AK)...............................100,000
Request projects..............................................8,196,000
                                                       ________________
                                                       
    Subtotal: FAO............................................16,096,000
                                                       ================

Recreation:
Badin Lake campground (NC)....................................1,000,000
Barton Flats group campground rehab (CA)........................640,000
Chilowee campground rehab (TN)..................................500,000
Choctaw RD visitor contact center (OK)..........................445,000
Cradle of Forestry (NC).......................................1,700,000
Franklin County Dam (MS)......................................1,000,000
Klahowya campground water system (WA)............................50,000
Lake Isabella rehabilitation projects...........................250,000
Lee Canyon, Tahoe Meadows (NV)..................................427,000
Midewin National Tallgrass Prairie (IL).......................1,600,000
Nantahala NF rehabilitation projects (NC).......................400,000
Oklahoma equestrian projects....................................205,000
Olympic NF campgrounds (WA).....................................150,000
Pikes Peak Summit House (CO)..................................1,000,000
Sawtooth NRA Harriman trail structure (ID)......................100,000
Spruce Knob repairs (WV).........................................80,000
Upper Ocoee corridor (TN).......................................200,000
Waldo Lake rehabilitation (OR)..................................550,000
Winter Olympic Games 2002 (UT)................................1,214,000
Request projects.............................................20,312,000
                                                       ________________
                                                       
    Subtotal: Recreation.....................................31,823,000
                                                       ================

    Total facilities construction............................50,656,000
                                                       ================

Trails Construction:
Continental Divide Trail (CO)...................................750,000
Palmetto Trail (SC).............................................125,000
Sawtooth NRA Harriman Trail (ID)................................300,000
Steigerwald Lake (WA)...........................................150,000
Taft Tunnel (ID)................................................750,000
Tonopah N/S trailhead (NV).......................................20,000
Request projects.............................................25,200,000
                                                       ________________
                                                       
    Total Trails Construction................................27,295,000
                                                       ================

Road Construction:
Road type:
Timber Roads.................................................47,400,000
Recreation Roads.............................................27,400,000
General Purpose Roads........................................13,294,000
                                                       ________________
                                                       
    Total Road Construction..................................88,094,000
                                                       ================

    Total all construction..................................166,045,000

       The managers understand that the Forest Service and the 
     National Park Service have agreed to build and jointly occupy 
     a multi-agency facility for administration, operations, and 
     visitor contact in Utah at Timpanogos Cave National Monument 
     and Unita National Forest, Pleasant Grove ranger district. 
     The managers support these cooperative efforts so long as 
     they result in greater efficiency and better public service. 
     The managers have provided funds elsewhere to the National 
     Park Service for planning and design of this project. The 
     managers expect the Forest Service to include an equal share 
     of total construction costs in its fiscal year 1999 budget 
     submission. The managers have included a total of $100,000 in 
     the fire, administrative and other facilities activity for 
     planning assistance to the new inter- agency facility in 
     Seward, AK. More detailed instructions for the Seward/Kenai 
     Fjords NP facility are provided under the National Park 
     Service construction account in this statement.
       Amendmet No. 91: Deletes language proposed by the Senate 
     earmarking $800,000 for the Trappers Loop Connector Road in 
     the Wasatch-Cache National Forest. The House had no similar 
     provision. Funding for the Trappers Loop Connector Road is 
     included in the Forest Service reconstruction and 
     construction account.
       Amendment No. 92: Deletes language proposed by the House 
     and stricken by the Senate providing that not to exceed 
     $25,000,000 remain available until expended for the 
     construction of forest roads by timber purchasers. The 
     managers support the instructions regarding timber purchaser 
     road credits proposed by the Senate.


                            land acquisition

       Amendment No. 93: Appropriates $52,976,000 for land 
     acquisition instead of $45,000,000 as proposed by the House 
     and $49,176,000 as proposed by the Senate. The managers agree 
     to the following distribution of funds:


        Project                                                  Amount
Appalachian Trail............................................$3,000,000
Arapaho (Wedge), CO.............................................350,000
California wilderness.........................................1,500,000
Chattooga watershed, GA-NC-SC.................................1,000,000

[[Page H9027]]

Cleveland (Rutherford Ranch), CA..............................1,000,000
Columbia River Gorge, WA......................................8,000,000
Danial Boone & Red Bird, KY...................................1,000,000
Gallatin (Yellowstone), MT....................................1,500,000
Green Mt. (Taconic Grest and Vermont Rivers), VT..............2,000,000
Hossier, IN.....................................................500,000
Jefferson (Guest River Gorge), VA...............................300,000
Lake Tahoe, NV-CA...............................................900,000
Los Padres (Big Sur), CA......................................1,000,000
Michigan Lakes & Streams........................................250,000
Missouri Ozark Mt. Streams......................................500,000
Mt. Baker (Skagit), WA..........................................700,000
Nantahala (Thompson River), NC................................1,200,000
New Mexico Forests..............................................750,000
Ouachita (Cossotot River), AR...................................500,000
Ozark (Richland Creek), AR......................................326,000
Pacific NW Streams............................................2,500,000
San Bernardino, CA............................................2,000,000
Sawtooth, ID..................................................1,800,000
Sumter (Lake Jocassee), SC....................................3,250,000
Uinta (Bonneville shoreline trail), UT..........................500,000
White Mt. (Lake Tarleton), NH.................................2,650,000
White River (Warren Lakes), CO..................................700,000
Wisconsin Wild Waterways......................................2,000,000
Acquisition management........................................7,500,000
Cash equalization.............................................1,800,000
Wilderness protection...........................................500,000
Emergency acquisitions........................................1,500,000
                                                       ________________
                                                       
    Total....................................................52,976,000


                   cooperative, work, forest service

       Amendment No. 94: Appropriates no funding for cooperative 
     work, Forest Service as proposed by the Senate instead of 
     $128,000,000 as proposed by the House.


               administrative provisions, forest service

       Amendment No. 95: Deletes language proposed by the Senate 
     exempting Alaska relocations and closures from the 
     requirement to obtain consent from the House and Senate 
     Committees on Appropriations. The House had no similar 
     provision.
       Amendment No. 96: Earmarks $2,250,000 for Federal financial 
     assistance to the National Forest Foundation instead of 
     $2,000,000 as proposed by the House and $2,500,000 as 
     proposed by the Senate.
       Amendment No. 97: Earmarks as maximum of $750,000 for 
     administrative expenses of the National Forest Foundation 
     instead of $500,000 as proposed by the House and $1,000,000 
     as proposed by the Senate. The managers understand the 
     initial delays during the establishment of the Foundation and 
     encourage the Foundation to work strenuously to fulfill its 
     authorized purpose and to reduce its future dependence on 
     Federal funds for administrative support.
       Amendment No. 98: Modifies language proposed by the Senate 
     regarding reorganization and funding of the Forest Service 
     regional office in Alaska. The House had no similar 
     provision.
       The managers note that the Tongass National Forest Land 
     Management Plan reduces the timber allowable sale quantity. 
     It is presumed that the Forest Service will tailor its 
     workforce and organization appropriately. The managers are 
     very concerned about the appearance that expenditures for 
     regional office operations and centralized field costs have 
     risen significantly as a proportion of annual appropriated 
     funds since 1993. The managers recognize that the reduced 
     timber volume offer under this plan will create economic 
     hardships for local communities and that imbalance 
     distribution of remaining Federal jobs and spending in the 
     region may compound those hardships. Accordingly the managers 
     expect the regional forester to conduct a regional work load 
     study and to develop a workforce plan that ensures high 
     levels of customer service throughout the region, preserves 
     the regional headquarters in Alaska, evaluates the need to 
     consolidate and/or relocate offices, including regional the 
     regional office to Ketchikan, makes limited use of 
     centralized support activities from other regions or 
     agencies, and provides for implementation by January 1, 2000. 
     Further, the managers expect the workforce plan to reflect 
     the full participation of affected Southeast Alaska 
     communities and to include a community by community 
     assessment of economic impacts and the rationale used by the 
     regional forester to distribute Federal jobs under the 
     workforce plan. The managers expect that the workforce plan 
     will emphasize retention of experienced personnel for 
     accomplishment of Southeast Alaska's multiple-use resource 
     management mission, will make maximum use of local hiring 
     authority, and will be submitted to House and Senate 
     committees with jurisdiction by March 1, 1998, for review and 
     further guidance, if warranted. Any expenditures at the 
     regional office in excess of $17,500,000 from the funds 
     provided to the region shall be preceded by a 60-day 
     notification to the House and Senate Committees on 
     Appropriations.

                          Department of Energy


                 fossil energy research and development

       Amendment No. 99: Appropriates $362,403,000 for fossil 
     energy research and development instead of $313,153,000 as 
     proposed by the House and $363,969,000 as proposed by the 
     Senate. Increases to the amount proposed by the House include 
     $650,000 in coal research to complete the hospital waste 
     project at the veterans hospital in Lebanon, PA; $48,650,000 
     in natural gas research, of which $45,000,000 is for advanced 
     turbine systems (rather than consolidating all turbine 
     research in the energy conservation account as proposed by 
     the House), $1,000,000 in the gas to liquids program is for 
     alternative cost shared technology needed to foster the 
     commercialization of ceramic membrane processes, $650,000 is 
     for technology development, and $2,000,000 is for fuel cell 
     systems; $350,000 in oil technology, of which $250,000 is for 
     the northern mid-continent digital atlas and $100,000 is for 
     environmental compliance; and $800,000 for cooperative 
     research and development. Decreases to the House proposed 
     level include $1,000,000 for laboratory/industry partnerships 
     and $200,000 for the risk assessment and groundwater 
     protection data base, both in the oil technology program.
       The mangers agree to the following:
       1. The $300,000,000 included above the budget request 
     relating to the new PM 2.5 air quality regulations is for 
     data monitoring and development of cost effective control 
     technologies or source production science.
       2. The amount provided for fuel cell research assumes that 
     at least an additional $6,000,000 will be made available from 
     the fiscal year 1998 National Security appropriation (Army) 
     for molten carbonate fuel cells; the Department should work 
     with the Defense Department/Army to ensure those funds are 
     transferred appropriately.
       3. No assumption is made with respect to downselecting from 
     3 to 2 contractors in the fuel cell program; the Department 
     of Energy should base its decision on available funding and 
     the merits of the 3 existing projects and report to the 
     Committees on that decision.
       4. Project funds for the cooperative research and 
     development program should be distributed equally between the 
     participating sites.
       5. No additional funds have been provided for the Gypsy 
     field project in oil technology because the Committees have 
     been assured by the Department that sufficient funds are 
     available for the project through fiscal year 1998.
       The managers are aware of the Department's request for 
     proposals relating to new fuel cell research. While not 
     directing the fossil energy program to cancel the RFP, the 
     managers are concerned about the potential outyear costs of 
     new initiatives and expect the Department to proceed 
     cautiously in that regard. The managers understand that the 
     RFP is for studies only and that these studies relate to the 
     strategic plan recently developed by the Federal Energy 
     Technology Center.


                      alternative fuels PRODUCTION

                     (INCludinG TransfER OF FunDs)

       The managers are aware of a proposed pipeline from the 
     Great Plains Gasification Plant in North Dakota to an oil 
     field in Saskatchewan, to provide CO2 for enhanced 
     recovery of oil. The managers believe that such a pipeline 
     should have a positive effect on the long term stability of 
     the plant and should provide further assistance of payments 
     to be made to the Department from the Great Plains operation 
     over the next 7 years. Therefore, the managers do not object 
     to modifying the existing trust agreement with Dakota 
     Gasification Company (DGC) to: (1) provide DGC a loan up to a 
     maximum of $12.5 million subject to confirmation that the 
     balance of funding for the CO2 project has been 
     committed; (2) provide such a loan at an interest rate equal 
     to the average rate of other loans for the project acquired 
     by DGC; and (3) secure such loan for the benefit of the 
     Federal Government on terms and conditions equivalent to 
     those agreed to by the other lenders.


                 navAL PETROLEum and OIL SHalE ReSeRVes

       Amendment No. 100: Appropriates $107,000,000 for the Naval 
     petroleum and oil shale reserves as proposed by the Senate 
     instead of $115,000,000 as proposed by the House. The 
     decrease below the amount proposed by the House is for 
     operations at the Elk Hills Reserve.
       The managers agree that unexpended balances and other 
     available assets and resources may be used for the purpose of 
     privatizing the Rocky Mountain Oilfield Test Center. The 
     Center should be fully privatized no later than fiscal year 
     2001.
       The managers do not object to the recent reprogramming 
     request to realign funds to complete the Elk Hills sale and 
     equity determinations at the Elk Hills Reserve. The managers 
     have agreed to this reprogramming with the understanding that 
     this realignment of funds is needed to ensure that the 
     taxpayer receives the best possible price for the reserve 
     when a sale is consummated.
       The managers make no assumption with respect to the sale 
     price of the Elk Hills Reserve. The managers expect the 
     Department to ensure that it receives fair value for the 
     taxpayer in consummating the sale.


                          energy conservation

       Amendment No. 101: Appropriates $611,723,000 for energy 
     conservation instead of $644,766,000 as proposed by the House 
     and $629,357,000 as proposed by the Senate. Increases to the 
     amount proposed by the House include $4,235,000 for building 
     technology, of which $1,535,000 is for the home energy rating 
     system, $100,000 is for advanced desiccant technology, 
     $500,000 is for Energy Star, $100,000 is for highly 
     reflective surfaces, $750,000 is for codes and standards, 
     $1,000,000 is for the weatherization assistance program,

[[Page H9028]]

     and $250,000 is for State energy program grants; $2,797,000 
     for the industry sector, of which $300,000 is for forest and 
     paper products, $333,000 is for steel, $674,000 is for 
     aluminum, $990,000 is for metal casting, $200,000 is for 
     motor challenge, and $300,000 is for management; and 
     $11,875,000 for transportation of which $350,000 is for clean 
     cities, $575,000 is for infrastructures, systems, and safety, 
     $100,000 is for EPACT replacement fuels, $350,000 is for 
     vehicle field test and evaluation, $500,000 is for systems 
     optimization, $500,000 is for electric vehicles, $2,500,000 
     is for hybrid propulsion, $1,000,000 is for high power energy 
     storage, $4,000,000 is for fuel cell research and 
     development, and $2,000,000 is for light weight materials. 
     Decreases to the amount proposed by the House include 
     $2,500,000 in building technology of which $200,000 is for 
     industrialized housing, $100,000 is for hi-cool heat pump, 
     $800,000 is for VHF light sources, $400,000 is for volume 
     purchases, $300,000 is for roofs, walls, and foundations, 
     $100,000 is for electrochromic research, and $600,000 is for 
     State and local grants management; $46,600,000 for industry 
     sector programs of which $1,000,000 is for chemicals, 
     $45,000,000 is for utility turbine programs (funded in the 
     fossil energy account), $400,000 is for the national 
     industrial competitiveness through energy, environment, and 
     economics (NICE\3\) program, and $200,000 is for inventions 
     and innovations; $2,800,000 for transportation which is for 
     high efficiency engine research and development; and $50,000 
     in policy and management for information and communications.
       The managers agree to the following:
       1. Of the funds provided for the home energy rating system, 
     at least $250,000 should be set aside for new States. The 
     Department should report to the Committees as soon as 
     possible on plans to phase out the existing 7 pilot States 
     and the procedures under which new States will be considered 
     for participation in the program.
       2. The Energy Star program should be carefully examined in 
     the context of reorganizing and streamlining the buildings 
     program. Marketing efforts should be left to the private 
     sector to fund.
       3. In the transportation program, the Department should 
     consider using the gas utilization expertise at the 
     University of Oklahoma to the extent that it fits within 
     program priorities and enhances program goals.
       4. No funds are provided to initiate a pre-college student 
     vehicle competition program.
       5. No funds should be redirected from program funding 
     provided by the Congress unless specifically identified in 
     the budget request or in the Committee reports. Any funding 
     realignments are subject to the reprogramming guidelines 
     contained in the front of House Report 105-163 and Senate 
     Report 105-56.
       The managers recognize the economic and environmental 
     benefits that could be realized from successful development 
     of an energy efficient and environmentally benign coke making 
     process. Such a technology could help achieve the 
     environmental goals of this Nation, enhance the 
     international competitiveness of the U.S. steel industry 
     and contribute to improved energy efficiency in the steel 
     industry. Because of the significant potential 
     environmental and energy efficiency benefits, the managers 
     encourage the Department to pursue the development of such 
     a technology, either in the energy conservation program or 
     the fossil energy research and development program, with 
     at least a 50 percent cost share from industry.
       Amendment No. 102: Earmarks $155,095,000 for energy 
     conservation grant programs instead of $153,845,000 as 
     proposed by the House and $150,100,000 as proposed by the 
     Senate.
       Amendment No. 103: Earmarks $124,845,000 for weatherization 
     assistance grants instead of $123,845,000 as proposed by the 
     House and $129,000,000 as proposed by the Senate.
       Amendment No. 104: Earmarks $30,250,000 for State energy 
     conservation grants instead of $30,000,000 as proposed by the 
     House and $31,100,000 as proposed by the Senate.


                      strategic petroleum reserve

                     (including transfer of funds)

       Amendment No. 104: Appropriates $207,500,000 for operation 
     of the strategic petroleum reserve as proposed by the Senate 
     instead of $209,000,000 as proposed by the House and 
     stipulates that these funds are to be repaid from the sale of 
     SPR oil as proposed by the House rather than potential 
     repayment using excess receipts from the sale of the Elk 
     Hills Naval Petroleum Reserves as proposed by the Senate.


                   energy information administration

       Amendment No. 106: Appropriates $66,800,000 for the Energy 
     Information Administration as proposed by the House instead 
     of $62,800,000 as proposed by the Senate.


            administrative provisions, department of energy

       Amendment No. 107: Makes a technical correction as proposed 
     by the Senate to correct the public law citation for the 
     Energy Policy Act of 1992.
       The managers note that the Department of Energy especially 
     in the energy conservation program activity, has been lax in 
     following the reprogramming guidelines prescribed by the 
     Committees. The managers expect the Department to adhere 
     strictly to those guidelines in fiscal year 1998 and 
     thereafter. Quarterly reporting of accounting data is no 
     longer sufficient.

                Department of Health and Human Services

                         Indian Health Service


                         Indian Health Services

       Amendment No. 108: Appropriates $1,841,074,000 for Indian 
     Health services instead of $1,829,008,000 as proposed by the 
     House and $1,958,235,000 as proposed by the Senate. Changes 
     to the amount proposed by the House include increases of 
     $5,036,000 for fixed costs in the hospital and clinic 
     programs and a $3,000,000 program increase for the diabetes 
     program; $480,000 for fixed costs in dental health, $245,000 
     for fixed costs in the mental health program, $105,000 for 
     fixed costs in the alcohol and substance abuse program, 
     $27,000 for fixed costs and a $2,000,000 program increase in 
     contract care, $204,000 for fixed costs in public health 
     nursing, $77,000 for fixed costs in health education, $1,000 
     for fixed costs for community health representatives, $11,000 
     for fixed costs for urban health, $27,000 for fixed costs and 
     a $400,000 program increase in Indian health professions for 
     the Indians in psychology program, $462,000 for fixed costs 
     in direct operations, and $9,000 for fixed costs for self 
     governance. A decrease of $18,000 below the proposed House 
     level is applied to contract support costs related to a 
     transfer of funds to the facilities account.
       Within the $400,000 increase for the Indians in psychology 
     program, $200,000 is earmarked for the University of Montana.
       Amendment No. 109: Earmarks $361,375,000 to remain 
     available for two fiscal years for contract medical care 
     instead of $358,348,000 as proposed by the House and 
     $362,375,000 as proposed by the Senate.
       Amendment No. 110: Deletes the Senate earmark for the 
     Office of Navajo Uranium Workers and inserts language placing 
     a cap of $168,702,000 on contract support costs in the Indian 
     Health Service, services account. The House had no similar 
     provision.


                        indian health facilities

       Amendment No. 111: Appropriates $257,538,000 for Indian 
     health facilities instead of $257,310,000 as proposed by the 
     House and $168,501,000 as proposed by the Senate. Changes to 
     the amount proposed by the House include increases of 
     $100,000 for the Montezuma Creek health clinic in Utah, 
     $40,000 for fixed costs for sanitation facilities and 
     $588,000 for fixed costs for facilities and environmental 
     health support; and a decrease of $500,000 for modular dental 
     units. Bill language related to the environmental health and 
     facilities support activities included in the House bill but 
     stricken in the Senate bill is retained.
       The managers understand that additional funds may be 
     necessary to complete design for three health facility 
     projects that are in the preconstruction phase, and encourage 
     IHS, HHS and OMB to include funding in the fiscal year 1999 
     budget submission to complete design for the Winnebago 
     Hospital, NE, and the outpatient facilities at Parker, AZ, 
     and Pinon, AZ.
       In the fiscal year 1994 Interior Appropriations conference 
     report, the managers agreed that the $465,000 unobligated 
     balance remaining from the Phoenix area regional youth 
     treatment center project was to be used for planning and 
     construction of a satellite facility at an alternate site in 
     Nevada. The managers are concerned about delays in reaching 
     agreement on the issues associated with further progress on 
     this project, and urge the IHS to work with the Washoe Tribe. 
     The managers are aware of the Washoe Tribe's proposal to 
     locate this facility in Gardnerville, Nevada, which has been 
     determined as the alternate site for the treatment center, 
     and encourage IHS to reach closure with the tribe so that 
     services can be provided as soon as possible.


            administrative provisions, indian health service

       Amendment No. 112: Strikes House language and inserts 
     Senate language on the disposition of funds for transferred 
     functions which tribal contractors no longer wish to retain.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation


                         salaries and expenses

       Amendment No. 113: Appropriates $15,000,000 for salaries 
     and expenses of the Office of Navajo and Hopi Indian 
     Relocation as proposed by the Senate instead of $18,345,000 
     as proposed by the House.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

       Amendment No. 114: Appropriates $4,250,000 for payment to 
     the Institute of American Indian and Alaska Native Culture 
     and Arts Development instead of $3,000,000 as proposed by the 
     House and $5,500,000 as proposed by the Senate.
       The managers agree that fiscal year 1999 will be the last 
     year Federal funding will be provided.

                        Smithsonian Institution


                         salaries and expenses

       Amendment No. 115: Appropriates $333,408,000 for salaries 
     and expenses of the Smithsonian Institution instead of 
     $334,557,000 as proposed by the House and $333,708,000 as 
     proposed by the Senate. The difference from the amount 
     proposed by the House consists of decreases of $138,000 for 
     museums and research institutes and $1,011,000 for facilities 
     services, which includes a reduction of $300,000 for 
     utilities.

[[Page H9029]]

                  repair and restoration of buildings

       Amendment No. 116: Appropriates $32,000,000 for repair and 
     restoration of buildings as proposed by the Senate instead of 
     $50,000,000 as proposed by the House.


                              construction

       Amendment No. 117: Appropriates $33,000,000 for 
     construction as proposed by the Senate. The House proposed no 
     funding. This amount includes $4,000,000 to complete funding 
     for planning and design of the Dulles extension of the 
     National Air and Space Museum and $29,000,000 to begin 
     the first phase of construction for the National Museum of 
     the American Indian Mall Museum.

                        National Gallery of Art


            repair, restoration and renovation of buildings

       Amendment No. 118: Appropriates $6,192,000 for repair, 
     restoration and renovation of buildings instead of $6,442,000 
     as proposed by the House and $5,942,000 as proposed by the 
     Senate. The reduction from the House level is to be taken 
     from the increase provided for backlog maintenance needs.

            Woodrow Wilson International Center for Scholars


                         salaries and Expenses

       Amendment No. 119: Appropriates $5,840,000 for salaries and 
     expenses of the Woodrow Wilson International Center for 
     Scholars as proposed by the Senate instead of $1,000,000 as 
     proposed by the House. The managers agree to the following 
     distribution of funds:

Fellowships....................................................$920,000
Scholar support.................................................634,000
Public service................................................1,516,000
Administration................................................1,247,000
Smithsonian fee.................................................139,000
Conf./Outreach..................................................909,000
Space...........................................................475,000

       The managers remain concerned about the serious 
     deficiencies in the Center's management and organization as 
     outlined in the National Academy of Public Administration 
     (NAPA) review. That review outlines 27 specific 
     recommendations for corrective action. The managers will 
     continue to monitor carefully the Center's progress in 
     addressing the critical recommendations, including 
     establishing a clearly defined mission, improving the process 
     for selecting fellows and involving them in relevant debates 
     on public policy issues, and improving the connection between 
     the Center's fellows and the public programs. To that end the 
     Inspector General also has been asked to oversee the Center's 
     implementation of the NAPA recommendations and report to the 
     Committees.
       While the managers are encouraged that there have been 
     changes in the management of the Center, and an Interim 
     Director has been named to oversee the-day-to-day operations 
     of the Center, they also strongly encourage the Center's 
     Board to take a more active role in guiding the Center. The 
     managers also strongly encourage the search committee to 
     expedite the search for a new Director, The Center should 
     keep the goal of bridging the gap between the worlds of 
     scholarship and public policy in the forefront of its mission 
     and increase the interaction between the fellows, the 
     programs and the public policy makers.
       In allocating funds provided to the Center, the managers 
     have sought to help implement one of the NAPA recommendations 
     by deciding a greater portion of appropriated funds to public 
     service program. encourage public knowledge, education, 
     understanding and appreciation of the arts and have agreed 
     that the Endowment should stress service to underserved 
     populations. The conference agreement also reduces the 
     size of the National Council of the Arts, but adds 6 
     Members of Congress to the Council.
       The managers have agreed to $31,822,000 for program grants 
     instead of $37,435,000 as proposed by the Senate. The 
     conference agreement provides $25,486,000 for State grants 
     instead of $22,250,000 as proposed by the Senate and 
     $6,952,000 for the State set-aside instead of $6,069,000 as 
     proposed by the Senate. The managers also encourage the NEA 
     to consider carefully the merits of various non-professional 
     grant applicants when making awards and to not award grants 
     only to professionals. The managers have agreed to a 
     reduction of $566,000 for administration compared to the 
     level proposed by the Senate and agree that further 
     administrative streamlining may be warranted in future years. 
     The NEA should develop a proposed structuring of the 
     administrative budget of the agency that more accurately 
     reflects the Endowment's various functions and activities, 
     such as executive direction, costs for grant review by NEA, 
     panel review and Council costs, outreach, computers, policy 
     and planning and other elements funded from administrative 
     dollars. Other NEA issues are discussed under Amendments No. 
     139, 140 and 156.


                            matching grants

       Amendment No. 122: Appropriates $16,760,000 for NEA 
     matching grants as proposed by the Senate instead of zero as 
     proposed by the House.

                 National Endowment for the Humanities


                       Grants and Administration

       Amendment No. 123: Appropriates $96,800,000 for grants and 
     administration of the National Endowment for the Humanities 
     as proposed by the Senate instead of $96,100,000 as proposed 
     by the House. The agreement includes $700,000 above the House 
     level as proposed by the Senate for fixed cost increases.

                Institute of Museum and Library Services


                       office of museum services

                       Grants and Administration

       Amendment No. 124: Appropriates $23,280,000 for grants and 
     administration of the Office of Museum Services instead of 
     $23,390,000 as proposed by the House and $22,290,000 as 
     proposed by the Senate. Program funds are provided to support 
     the following activities: $16,060,000 for operations; 
     $3,130,000 for conservation; $2,200,000 for services to the 
     profession; and $1,890,000 for administrative costs. From 
     services to the profession, the managers provide $1,000,000 
     for National Leadership Projects that are collaborative 
     museum/library endeavors.

                        Commission of Fine Arts


               national capital arts and cultural affairs

       Amendment No. 125: Appropriates $7,000,000 for National 
     capital arts and cultural affairs grants as proposed by the 
     Senate instead of $6,000,000 as proposed by the House.

               Advisory Council on Historic Preservation


                         Salaries and Expenses

       Amendment No. 126: Appropriates $2,745,000 for salaries and 
     expenses of the Advisory Council on Historic Preservation as 
     proposed by the Senate instead of $2,700,000 as proposed by 
     the House.

                  National Capital Planning Commission


                         Salaries and Expenses

       Amendment No. 127: Appropriates $5,740,000 for salaries and 
     expenses of the National Capital Planning Commission (NCPC) 
     as proposed by the Senate instead of $5,700,000 as proposed 
     by the House. The managers agree that the Commission should 
     participate in the operation of the Washington Geographic 
     Information System project. However, the managers do not 
     intend for the NCPC to become the primary operator of this 
     system nor should funds appropriated under this Act be used 
     to promote that purpose. If funds are available from other 
     sources, the NCPC is encouraged to apply its special planning 
     expertise to the project and collaborate in the operation of 
     such a system.

                     TITLE III--GENERAL PROVISIONS

       Amendment No. 128: Modifies language proposed by the House 
     and stricken by the Senate continuing the moratorium on the 
     use of funds for preparing, promulgating, implementing or 
     enforcing interim or final rules or regulations dealing with 
     the management of subsistence fishing in Alaska waters. The 
     modification continues the moratorium through December 1, 
     1998, and amends the Alaska National Interest Lands 
     Conservation Act.
       The language contains four subsections. Subsection (a) 
     prohibits the Federal government from asserting jurisdiction, 
     management or control prior to December 1, 1998, over the 
     navigable waters transferred to the State of Alaska pursuant 
     to the Submerged Lands Act or Alaska Statehood Act.
       Subsection (b) amends the Alaska National Interest Lands 
     Conservation Act (ANILCA) in a number of ways. Subsection (2) 
     clarifies that the term ``Federal land'' in ANILCA does not 
     include lands owned by the State of Alaska, or Native 
     Corporations or other private owners. Neither subsection (2) 
     nor any other provision of this section overturns, or shall 
     be construed to overturn the decision of the Ninth Court of 
     Appeals in State of Alaska v. Babbitt (73 F.3d 698) (commonly 
     known as the Katie John case).
       Subsection (c) contains a savings clause specifying that 
     neither this section nor amendments made by this section in 
     any way affect assertions of Native governmental authority 
     over lands or persons, the existence or nonexistence of 
     Indian country, whether or not ANILCA is Indian Law, or the 
     Secretary of the Interior's authority under section 1314(c) 
     of ANILCA.
       Subsection (d) specifies that amendments made by subsection 
     (b) shall only be effective for the purposes of determining 
     whether the State of Alaska's laws provide for the 
     definition, preference, and participation required in 
     sections 803, 804, and 805 of ANILCA, including as amended by 
     this section, unless and until laws are adopted in the State 
     of Alaska which provide these things. Subsection (d) 
     specifies that the amendments made to ANILCA by subsection 
     (b) will be repealed on December 1, 1998, unless such laws 
     are adopted in Alaska by December 1, 1998.
       Amendment No. 129: Deletes language proposed by the House 
     and stricken by the Senate regarding the export of timber 
     from the western United States and inserts language making a 
     technical correction to the Hudson River Valley National 
     Heritage Area legislation.
       Amendment No. 130: Modifies language proposed by the House 
     and modified by the Senate regarding funding for the office 
     of western director and special assistant to the Secretary of 
     Agriculture to provide that funding from this Act for the 
     office is allowed up to the amount provided from this 
     appropriation in fiscal year 1997.
       Amendment No. 131: Retains language proposed by the House 
     limiting competition on watershed restoration contracts for 
     the ``Jobs in the Woods'' component of the President's Forest 
     Plan for the Pacific Northwest in fiscal year 1998. The 
     Senate proposed making the provision permanent.
       Amendment No. 132: Modifies language proposed by the House 
     and stricken by the

[[Page H9030]]

     Senate which permits all fees collected through the 
     recreation fee demonstration program to be used by the 
     collecting agency. The modification adds language stipulating 
     that the National Park Service should pay administrative 
     costs for collecting fees from the funds that are retained by 
     each collecting unit.
       Amendment No. 133: Modifies House language as proposed by 
     the Senate limiting the use of recreation fees to construct 
     visitor centers or other permanent structures, to permit such 
     construction if the total estimated cost does not exceed 
     $500,000.
       Amendment No. 134: Modifies language proposed by the House 
     and stricken by the Senate on the Interior Columbia River 
     Basin. The modified language instructs the Secretaries of 
     Agriculture and the Interior concerning the Interior Columbia 
     River Basin draft environmental impact statements (DEIS). The 
     managers remain extremely concerned about the huge cost and 
     time involved in this project, but the managers want to see 
     the project come to a conclusion. The managers also are 
     concerned that additional social and economic analyses are 
     required and that the Administration has not been forthcoming 
     regarding the potential impacts that the implementation of 
     the projects may eventually have on this large area of the 
     West. The bill language provides that the Secretaries will 
     report to the Congress on the estimated impacts of the 
     proposed project. As a result of the revised bill language 
     concerning additional analysis to be conducted for the 
     projects, the managers expect that additional time will be 
     required for public comment on the DEIS but the managers 
     do not specify a time for the comment period. However, the 
     managers expect the agencies to address fully the 
     implementation of these projects in their fiscal year 1999 
     budget justifications and convey to the Congress a sense 
     of the scope, impact and cost for implementation.
       Amendment No. 135: Deletes language proposed by the House 
     and inserts alternative language proposed by the Senate that 
     establishes a framework for Alaska native governance of the 
     Alaska Native Medical Center.
       Amendment No. 136: Inserts language which modifies a Senate 
     provision precluding Alaska native villages from entering 
     into a compact or contract which would withdraw funds out of 
     the Alaska native regional health care corporations, changes 
     a date in the provision, and amends the Coast Guard 
     Authorization Act of 1996 to reflect a change in the use of 
     property transferred to a native village. The House had no 
     similar provision.
       The managers have changed the effective date in this 
     section to permit an existing contract with the Indian Health 
     Service to be executed. The managers also have added a 
     subsection making changes in a land conveyance to the 
     Ketchikan Indian Corporation to reflect agreed to changes 
     regarding the use of the property.
       Amendment No. 137: Amends language inserted by the House 
     and stricken by the Senate regarding the eviction of certain 
     people from property in Sleeping Bear Dunes National 
     Lakeshore. The revision allows the National Park Service to 
     pursue such evictions provided that 90 days notice is given 
     and provided that funds are available for the removal of the 
     structures to be vacated. Fair market value rates will be 
     charged while any occupancy continues beyond an expired 
     reservation.
       Amendment No. 138: Amends language included by the House 
     and stricken by the Senate to prohibit agencies funded in 
     this bill from expending funds for the nomination of sites 
     under the Man and Biosphere Program until legislation 
     specifically authorizing this program is enacted. With regard 
     to both the World Heritage and Man and Biosphere programs, 
     the managers agree that designation of U.S. sites under these 
     programs cedes absolutely no authority to the United Nations 
     or other international organizations, and should not be 
     construed as imposing any new land use restrictions on lands 
     included in either program. The managers further agree that 
     agencies involved in both of these programs should redouble 
     efforts to involve the public fully in deliberations over 
     possible designations.
       Amendment No. 139: Includes language proposed by the Senate 
     restricting grant making to individuals, sub-granting, and 
     seasonal support by the National Endowment for the Arts. The 
     House had no similar provision.
       Amendment No. 140: Inserts language proposed by the Senate 
     authorizing the National Endowment for the Arts and the 
     National Endowment for the Humanities to raise funds and 
     deposit them in special interest bearing accounts for future 
     use. The House had no similar provision. The managers believe 
     that it is appropriate to provide the agencies with this 
     ability, particularly in light of recent program reductions 
     and discussions within Congress to establish a supplemental 
     endowment fund. The managers intend that this new authority 
     be used to augment the Federal contribution to the 
     endowments. The managers also recognize that there is a 
     potential for traditional arts and humanities fundraising 
     efforts to be affected by NEA and NEH's use of this 
     authority. Thus, the endowments should seek to tap new 
     sources of support for the arts and humanities and not pursue 
     a shift of private giving from the non-Federal to the Federal 
     arts and humanities communities.
       Amendment No. 141: Inserts language proposed by the Senate 
     providing for reciprocal delegations of authorities between 
     the Secretaries of the Interior and Agriculture for the 
     management of public lands and forests. The House had no 
     similar provision.
       Amendment No. 142: Modifies language proposed by the Senate 
     concerning a limitation of funding for any activities 
     associated with national forest land management planning. The 
     modification allows those plans currently in the revision 
     process or under court order to proceed. The House had no 
     similar provision.
       The managers agree that the forest planning regulations 
     which the Forest Service has written, but no implemented, are 
     long overdue. The managers are concerned that the Secretary's 
     decision to appoint a panel of scientists to study further 
     the land management planning process will result in continued 
     and unacceptable delay, and therefore the managers strongly 
     urge the Secretary to issue new rules in at least an interim 
     form while the panel conducts its review. The managers agree 
     that a final rule should be published promptly and that 
     the forest planning revision process should proceed in an 
     orderly and efficient manner so that forest plans reflect 
     current social, economic and resource conditions. 
     Consequently, the managers have provided bill language 
     which requires that no funding for new forest plan 
     revisions be provided until a new rule is published. The 
     new planning rule may be either interim or final. National 
     forests which published a Notice of Intent to Revise their 
     plan by October 1, 1997, or are court ordered, are exempt 
     from this restriction. The managers agree that national 
     forests may continue to amend existing forest plans 
     following established procedures.
       Amendment No. 143: Modifies language proposed by the Senate 
     that prevents funding from being used to complete or issue 
     the five year program under the Forest and Rangeland 
     Renewable Resources Planning Act (RPA review). The House had 
     no similar provision.
       The managers are concerned about the duplication between 
     the requirements for developing a strategic plan under the 
     Government Performance Results Act (GPRA) and the RPA review. 
     The managers encourage the Forest Service to work diligently 
     to make the GPRA process successful, and to more efficiently 
     use resources which otherwise may have been spent on the 
     duplicative RPA review.
       Amendment No. 144: Modifies language proposed by the Senate 
     concerning cooperative agreements for watershed restoration 
     and enhancement by limiting the application of the provision 
     to fiscal year 1998 rather than making the provision 
     permanent as proposed by the Senate. The House had no similar 
     provision. The managers encourage the Forest Service to use 
     this authority carefully for new projects so that they do not 
     displace higher priority work on national forest system 
     lands.
       Amendment No. 145: Amends the Franklin Delano Roosevelt 
     commission statute (69 Stat. 694) as proposed by the Senate 
     to provide for the termination of the commission and for the 
     use of unexpended funds for maintenance, repair, 
     interpretation, and education. The House had no similar 
     provision.
       Amendment No. 146: Modifies language inserted by the Senate 
     concerning priority land exchanges within the White Salmon 
     Wild and Scenic River boundaries and within the Columbia 
     River Gorge National Scenic Area by limiting the Secretary's 
     authority to facilitate the transfers to September 30, 2000. 
     The Senate proposed permanent authority. The House had no 
     similar provision.
       Amendment No. 147: Adjusts the boundaries of the Wenatchee 
     National Forest in Chelan County, Washington, as proposed by 
     the Senate. The House had no similar provision.
       Amendment No. 148: Inserts language proposed by the Senate 
     restricting the use of funds by the Department of Energy for 
     the Center of Excellence for Sustainable Development without 
     the approval of the House and Senate Committees on 
     Appropriations. The House had no similar provision.
       The managers are concerned that the Department of Energy 
     established the Center of Excellence for Sustainable 
     Development without justification and approval through the 
     budget process. The information provided in response to 
     Committee questions on the center has been slow in coming and 
     less than candid. The Committees will review the merits of 
     this program in the context of fiscal year 1999 budget 
     priorities. In the meantime the managers expect the 
     Department to use the funds and staffing devoted to this 
     effort to work on the programs approved in the fiscal year 
     1998 budget. The Department should report to the Committees 
     by October 30, 1997, on how it intends to comply with this 
     direction. The managers caution the Department that 
     incomplete and inaccurate information in this regard is 
     unacceptable. The managers further expect the Department to 
     disclose fully any other instances in which programs have 
     been started without approval through the budget process. The 
     fiscal year 1999 budget request must clearly identify each 
     program to be funded in the appropriate activity. Initiatives 
     by the Assistant Secretary should be clearly identified and 
     justified in the policy and management account.
       Amendment No. 149: Limits the use of funds to amend or 
     replace Bureau of Land Management regulations on surface 
     mining as proposed by the Senate. The House had no similar 
     provision.
       Amendment No. 150: Modifies language inserted by the Senate 
     conveying the Wind

[[Page H9031]]

     River Nursery site to Skamania County, Washington, in 
     exchange for approximately 120 acres of county land. The 
     House had no similar provision. The new language authorizes 
     the Secretary of Agriculture to negotiate with Skamania 
     County for the exchange of the Wind River Nursery site for 
     county owned lands in the Columbia River Gorge National 
     Scenic Area. During a two-year period ending September 30, 
     1999, the nursery is not to be conveyed to another party and 
     is to be maintained in a tenantable condition by the Forest 
     Service. The exchange is to be for equal value, however, 
     the Secretary may accept services from the County in lieu 
     of cash as the Secretary deems appropriate and the County 
     may make cash payments in installments not to exceed a 
     period of 25 years. The managers expect that future 
     agreements should protect natural, cultural and historic 
     values, the existing administrative sites, and a scenic 
     corridor for the Pacific Crest National Scenic Trail as 
     well as the continued research on the Wind River 
     Experimental Forest and the T.T. Munger Research Natural 
     Area. If the Secretary and the County fail to reach an 
     agreement on an equal value exchange as defined in the 
     section, the nursery site shall remain under Forest 
     Service ownership and be maintained by the Forest Service 
     in a tenantable condition.
       Amendment No. 151: Deletes language inserted by the Senate 
     exempting residents in communities which receive lower-than-
     authorized PILT payments from paying user fees under the 
     recreation fee demonstration program for the White Mountain 
     National Forest in New Hampshire and inserts language 
     renaming Walnut Creek NWR, IA as the Neal Smith National 
     Wildlife Refuge.
       Amendment No. 152: Modifies language proposed by the Senate 
     restricting the use of funds for introduction of grizzly 
     bears in the Selway-Bitteroot area of Idaho and Montana and 
     for certain consultations under section 7(b)(2) of the 
     Endangered Species Act. The House had no similar provision. 
     The modification to the Senate language allows the Fish and 
     Wildlife Service to publish a Record of Decision on the 
     Environmental Impact Statement.
       The managers understand that the Fish and Wildlife Service 
     will not introduce any grizzly bears into the Selway-
     Bitteroot area in fiscal year 1998 and expect the Service to 
     continue and intensify its public outreach and consultation 
     efforts in the area.
       Amendment No. 153: Modifies language proposed by the Senate 
     concerning increases in fees charged by the Forest Service 
     for recreation residence special use permit holders. The 
     modification provides that fee increases which are in excess 
     of 100% of the previous year's fees should be phased in over 
     a three-year period in equal annual installments. The House 
     had no similar provision.
       Amendment No. 154: States the Sense of the Senate that 
     Civil War battlefields should be preserved and should be 
     given special priority in land acquisition. The House had no 
     similar provision.
       Amendment No. 155: States the Sense of the Senate that 
     hearings should be conducted and legislation brought forward 
     during this Congress addressing the issues of Federal and 
     private sector funding for the arts and any needed 
     modifications to the current funding mechanism. The House had 
     no similar provision.
       Amendment No. 156: Amends language proposed by the Senate 
     to include additional reforms to the National Endowment for 
     the Arts. The section provides, as proposed by the Senate, 
     that the Endowment should give priority in making grants and 
     awards to underserved populations. The House had no similar 
     provision. In addition, the conference agreement has added a 
     provision that gives priority to grants which encourage 
     public knowledge, education, understanding and appreciation 
     of the arts. The amendment also limits funding for any one 
     State to no more than 15% of the total grants available 
     during the fiscal year. Grants with a national impact, or 
     which are applicable to several States, are exempted from the 
     calculation.
       Finally, the conference agreement revises the current size 
     and composition of the National Council of the Arts. The 
     reform reduces the total of Presidential appointments to the 
     Council from 26 to 14 and adds 2 Representatives appointed by 
     the Speaker of the House, 1 Representative appointed by the 
     Minority Leader of the House, 2 Senators appointed by the 
     Majority Leader of the Senate and 1 Senator appointed by the 
     Minority Leader of the Senate. To allow a smooth transition 
     to this new Council, existing members are allowed to serve 
     out their terms. Congressionally appointed members are to 
     serve in an ex officio capacity for two-year terms beginning 
     in odd numbered years; however, initial appointments shall be 
     made by December 31, 1997, with terms expiring December 31, 
     1998. The managers agree that Congressional members of the 
     Council shall be non-voting on matters involving application 
     review and grant selection, but may provide advice and 
     counsel on broader issues of policy and procedure. As 
     Presidentially appointed members' terms expire, new members 
     may not be appointed by the President until the Council 
     membership falls below 14. The managers intend that the newly 
     comprised Council work diligently with the Chairperson of the 
     NEA to foster public service that is more sensitive to the 
     needs and desires of the nation.
       Amendment No. 157: Modifies language proposed by the Senate 
     directing the Forest Service to develop export policy and 
     procedures on the use of Alaskan western red cedar and 
     domestic processing. The House had no similar provision. The 
     managers are very concerned that Alaska western red cedar is 
     being exported despite significant domestic processing demand 
     within the contiguous United States. The new language 
     specifies conditions under which Alaska western red cedar 
     will be made available for domestic processors in the 
     contiguous United States at domestic rates. The managers are 
     hopeful that these changes will allow greater use of western 
     red cedar from Alaska in the contiguous 48 States. The 
     managers have also included language which specifies that 
     Forest Service timber sale accomplishments in Alaska will be 
     based on volume sold and that all Alaska yellow cedar may be 
     sold at export rates at the election of the timber sale 
     holder. The managers direct the Forest Service to implement 
     this policy no later than January 1, 1999.
       Amendment No. 158: Deletes Senate language providing that 
     $4,000,000 from previously appropriated emergency funds be 
     used for reconstructing the Oakridge Ranger Station in 
     Oregon, contingent upon a Presidential declaration and 
     Congressional designation of an emergency, and inserts 
     language restricting the use of funds for redevelopment of 
     Pennsylvania Avenue. Funding for reconstructing the Oakridge 
     Ranger Station has been included in the Forest Service 
     reconstruction and construction account.
       The amendment inserts language prohibiting the expenditure 
     of any funds related to the redevelopment of Pennsylvania 
     Avenue, including planning, without prior approval from the 
     Committees. The managers believe that this project should not 
     be initiated in fiscal year 1998 without the concurrence of 
     Congress. The managers understand that this project will cost 
     some $40,000,000 and are not inclined to provide additional 
     resources at this time even for planning. The managers also 
     are concerned that funds previously expended for planning on 
     this project which were to be reimbursed by other Federal 
     agencies have never been repaid. Given the significant 
     backlog in critical repair and maintenance needs that the 
     National Park Service has identified, this project should not 
     commence until it has been carefully considered against other 
     National Park Service priorities.
       Amendment No. 159: Limits the use of funds as proposed by 
     the Senate to implement guidelines or adjust plans for 
     National Forests in Arizona and New Mexico. The House had no 
     similar provision.
       Amendment No. 160: Amends section 6901(2)(A)(i) of title 
     31, United States Code as proposed by the Senate to include 
     populations of cities within unorganized boroughs of Alaska 
     for the purposes of PILT. The House had no similar provision.
       Amendment No. 161: Amends section 103(c)(7) of Public Law 
     104-333 as proposed by the Senate to provide for the 
     appointment and compensation of officers of the Presidio 
     Trust. The House had no similar provision.

                                TITLE IV

       Amendment No. 162: Deletes language proposed by the House 
     and stricken by the Senate which would have established a 
     deficit reduction lock-box ledger in the Congressional Budget 
     Office and inserts language establishing an environmental 
     restoration fund.
       The managers have agreed to establish an environmental 
     restoration fund with the interest accrued to such fund to be 
     used, subject to appropriation, to address deferred 
     maintenance needs of the Bureau of Land Management, the U.S. 
     Fish and Wildlife Service, the National Park Service and the 
     Forest Service; to provide for payments to the State of 
     Louisiana and its lessees for oil and gas drainage in the 
     West Delta field; and to carry out marine research activities 
     in the North Pacific. The fund is a modification of the 
     National Parks and Environmental Improvement Fund proposed by 
     the Senate in Amendment No. 81. The land acquisition element 
     in the original proposal has been removed.

  TITLE V--PRIORITY LAND ACQUISITIONS, LAND EXCHANGES, AND MAINTENANCE

       Amendment No.163: Modifies language proposed by the Senate 
     that provides funding for priority land acquisitions and 
     exchanges. The House had no similar provision. The 
     modifications to the Senate language provide for a total fund 
     of $699,000,000 and make a portion of these moneys available 
     for critical maintenance needs.
       The managers have provided funds for high priority land 
     acquisitions and exchanges as requested by the Administration 
     despite serious reservations about two particular 
     acquisitions--the Headwaters Forest in California and the 
     Crown Butte/New World Mine in Montana (near Yellowstone 
     National Park). Because of the many uncertainties surrounding 
     these acquisitions, the managers have agreed to bill language 
     outlining the specific requirements that must be met before 
     the acquisitions can be consummated.
       The managers agree that legislation authorizing the 
     Headwaters Forest acquisition should require a current 
     appraisal, require a completed Environmental Impact Statement 
     on the habitat conservation plan, cap the Federal commitment 
     at the negotiated $250,000,000, address the issue of public 
     access and require that the State of California's 
     $130,000,000 cost share be available before release of the 
     Federal funds. The managers, at the request of the 
     Administration, have agreed that the Secretary of the 
     Interior

[[Page H9032]]

     may issue an opinion of value for the acquisition. The 
     Secretary's opinion of value may serve as the basis for the 
     acquisition price but any difference between the appraised 
     value and the Secretary's opinion of value should be 
     explained in writing to the Committee on Resources of the 
     House of Representatives, the Senate Committee on Energy and 
     Natural Resources and the House and Senate Committees on 
     Appropriations.
       Funding for the New World Mine acquisition is capped at 
     $65,000,000 and the managers believe this acquisition also 
     should have a current appraisal. The Secretary of Agriculture 
     may issue an opinion of value for the acquisition. The 
     Secretary's opinion of value may serve as the basis for the 
     acquisition price but any difference between the appraised 
     value and the Secretary's valuation should be explained in 
     writing to the Committee on Resources of the House of 
     Representatives, the Senate Committee on Energy and Natural 
     Resources and the House and Senate Committees on 
     Appropriations.
       Both the Headwaters Forest appraisal and the Crown Butte/
     New World Mine appraisal should conform to the Department of 
     Justice ``Uniform Appraisal Standards for Federal Land 
     Acquisitions'' and other applicable laws and regulations 
     governing Federal land acquisitions. The Comptroller General 
     must review both appraisals, including an examination of the 
     methodology and data used in conducting the appraisals. The 
     Comptroller General should submit the results of each of 
     those reviews to the appropriate Secretary and to the 
     Committee on Resources of the House of Representatives, the 
     Senate Committee on Energy and Natural Resources, and the 
     House and Senate Committees on Appropriations.
       With respect to the remainder of the $699,000,000, the 
     managers have agreed to make these funds available with the 
     understanding that they will be used over the next four 
     fiscal years for high priority land acquisitions and 
     exchanges, to address the critical repair and restoration 
     needs of the four land management agencies, and for other 
     purposes consistent with the Land and Water Conservation Fund 
     statute. The managers agree to allocate the remaining 
     $384,000,000 as follows: $10,000,000 for a payment to 
     Humboldt County, California as part of the Headwaters Forest 
     land acquisition; $12,000,000 for repair and maintenance of 
     the Beartooth Highway as part of the Crown Butte/New World 
     Mine land acquisition; and $272,000,000 to the Department of 
     the Interior and $90,000,000 to the Forest Service for other 
     priority land acquisitions and critical maintenance needs.
       The Secretaries of Agriculture and the Interior should 
     submit requests for the use of the remaining land acquisition 
     and maintenance funds to the Committees for approval 
     following reprogramming procedures. The managers encourage 
     the Secretaries to emphasize the critical maintenance 
     backlogs that they have identified on the public lands, which 
     total more than $2 billion for the Forest Service and 
     approximately $7 billion for the land management agencies in 
     the Department of the Interior. Requests for additions to the 
     public lands base should be evaluated carefully, and priority 
     should be given to those acquisitions which complete a unit, 
     consolidate lands for more efficient management, or address 
     critical resource needs.
       The funds provided for a payment to Humboldt County and the 
     funds provided by repair and maintenance of the Beartooth 
     Highway are included because of the unusual circumstances 
     associated with the Federal acquisition of the Headwaters 
     Forest and the Crown Butte mining interests. The managers do 
     not intend Land and Water Conservation Fund moneys to be used 
     for these purposes in the future nor to imply that Federal 
     land acquisitions entitle local or State governments to 
     mitigation payments either from the Land and Water 
     Conservation Fund or from other sources.
       Major Land Acquisitions--Authorization for Headwaters 
     Forest and Crown Butte Properties. Sections 501 through 504 
     authorize two land acquisitions requested by the 
     Administration, to be funded from the Land and Water 
     Conservation Fund--the Crown Butte acquisition in Montana and 
     the Headwaters Forest acquisition in California. The managers 
     have provided, in section 504, a 180 day review period during 
     which the authorizing committees will examine the issues 
     associated with these transactions and recommend any 
     appropriate changes to the relevant statutory language 
     contained herein. The managers believe that it is 
     appropriate that a more measured and thorough review of 
     these complex and costly acquisitions be undertaken by the 
     legislative committees of jurisdiction during the 180 day 
     review period. The managers have agreed to allow 
     amendments that are reported from the authorizing 
     committees within the 180 days to be incorporated into the 
     anticipated fiscal year 1998 supplemental appropriations 
     bill. That bill is expected to be available as early as 
     February 1998. After the 180 day review, if no 
     modifications have been enacted, the funds appropriated by 
     this Act are authorized to be spent, consistent with the 
     requirements set forth in this title.
       The managers are concerned that the government not pay more 
     than fair value for the Crown Butte and Headwaters Forest 
     properties. The managers expect that at least 30 days prior 
     to executing each of these transactions, the Secretary of 
     Agriculture, with respect to the Crown Butte acquisition, and 
     the Secretary of the Interior, with respect to the Headwaters 
     Forest acquisition, shall issue an opinion of value to the 
     Committee on Resources of the House of Representatives, the 
     Senate Committee on Energy and Natural Resources, and the 
     Committees on Appropriations of the House and Senate for the 
     land and property to be acquired by the Federal government in 
     each transaction. The respective Secretary is expected to 
     assume responsibility for the basis and accuracy of the 
     opinion.
       Headwaters Forest. Subsection (a) of section 501 contains 
     the authority for up to $250 million to be spent for 
     acquisition of the Headwaters Forest and a clause ensuring 
     that any substantial expansion of the forest be specifically 
     authorized.
       Subsection (b) makes the authorization effective until 
     March 1, 1999, consistent with the anticipated timetable for 
     completion of the Headwaters Forest Agreement. This leaves 
     some latitude for unforeseen delays while providing a date 
     certain for the transactions authorized. This subsection also 
     makes the authorization contingent on the following 
     conditions: 1) the State of California must provide its share 
     of the cost, 2) the State must approve the Pacific Lumber 
     Company's sustained-yield plan, 3) the Pacific Lumber Company 
     must withdraw two lawsuits, 4) an incidental take permit is 
     issued by the U.S. Fish and Wildlife Service and the National 
     Marine Fisheries Service, 5) there must be an appraisal, 6) 
     to the extent the purchase price is different than the 
     appraised value, the difference must be explained in writing 
     to the Committee on Resources of the House of 
     Representatives, the Senate Committee on Energy and Natural 
     Resources and the House and Senate Committees on 
     Appropriations, 7) there must be a completed environmental 
     impact statement on the habitat conservation plan and full 
     compliance with the National Environmental Policy Act, and 8) 
     there must be adequate provision for public access. The 
     authorizing committees can examine the status of each 
     condition during the 180 day review period specified in 
     section 504.
       Subsection (c) permits the Headwaters Forest to be acquired 
     for a value which differs from the appraisal if the Secretary 
     of the Interior certifies in writing to Congress that such 
     action is in the best interest of the United States.
       Subsection (d) contains provisions to facilitate issuance 
     of a Habitat Conservation Plan (HCP) based on sound science 
     by requiring the Secretary of the Interior and the Secretary 
     of Commerce to report to Congress on the scientific and legal 
     standards and criteria that will be used for developing the 
     HCP and the incidental take permit. The Endangered Species 
     Act and its implementing regulations outline the HCP standard 
     for listed species that are to be covered by an incidental 
     take permit. The governing standards for unlisted species 
     (candidate and non-candidate) that are to be covered by an 
     incidental take permit are identical to the standards for 
     listed species. An HCP provides assurances to a land owner 
     for all species, both listed and unlisted, that are covered 
     by an incidental take permit. The subsection also recognizes 
     the uniqueness of the Headwaters Forest HCP. Should the HCP 
     and incidental take permit not be approved, the agencies must 
     report to the House and Senate committees on why the 
     proposals were not sufficient to meet the applicable 
     standards, and the statutory citations therefor, indicated by 
     the Secretary under subsection (d)(1). This subsection does 
     not change or waive any public review through normal National 
     Environmental Policy Act and Endangered Species Act 
     processes.
       Subsection (e) directs a payment of $10,000,000 to Humboldt 
     County within 30 days of acquisition of the Headwaters 
     Forest. While the use of the funds by the county has no 
     limitation, the payment is to offset economic impacts to the 
     county government from the acquisition and to compensate the 
     county for enhanced public safety costs associated with the 
     controversy surrounding the Headwaters Forest.
       Subsection (f) ensures that the Federal portion of the 
     Headwaters Forest is considered Federal land for purposes of 
     payments in lieu of taxes.
       Subsection (g) limits the amount of Federal funds (above 
     the first $100,000) that can be used each year for managing 
     the Headwaters Forest to fifty percent of the total cost of 
     management. This will ensure that there will be cost-sharing 
     with other entities such as the State of California, 
     charitable trusts and conservation groups. Language 
     authorizing acceptance of donations is included to facilitate 
     such cost-sharing. It is anticipated that the State of 
     California will assume its proportional share of land 
     management costs, but substantial funds should come from 
     charitable foundations and groups that have favored 
     acquisition of the Headwaters Forest. The Administration has 
     consistently maintained that Federal funding needed for 
     management of the Headwaters Forest will be minimal and that 
     the State of California will participate in funding out-
     year activities associated with the acquired land. No 
     detailed dollar figures were provided by the 
     Administration for activities related to management of the 
     forest. The authorized level of funding for the Federal 
     portion of the Headquarters Forest has been set at 
     $300,000, with an exception for law enforcement and 
     emergencies. During the 180 day review period, the 
     Administration should submit its financial plan for the 
     Headwaters Forest to the authorizing and appropriations 
     committees so that the committees can evaluate whether the 
     authorized level of funding is appropriate.

[[Page H9033]]

       Subsection (h) provides to the Secretary of the Interior, 
     with concurrence of the Governor of California, authority to 
     manage the Headwaters Forest in a trust. Because the property 
     will be acquired jointly by the State of California and the 
     United States, a trust arrangement allowing for management by 
     both parties through a board of trustees may be a useful way 
     to structure the relationship. This matter can be considered 
     further during the 180 day review period and regularly 
     thereafter.
       Subsection (i) requires a concise management plan for the 
     Headwaters Forest by the Secretary of the Interior or the 
     Headwaters Trust once the Forest is acquired. The goals of 
     the management plan, as stated by the Administration, should 
     be to conserve and study the land, and the fish, wildlife and 
     forests occurring on such land, while providing recreation 
     opportunities, scientific study, and other management needs. 
     Bill language is included to make clear that the National 
     Environmental Policy Act (NEPA) applies to development and 
     implementation of the management plan, notwithstanding the 
     option to perform some of these functions through a trust. 
     The Administration has stated the NEPA analyses are being 
     developed for the proposed Headwaters Forest Habitat 
     Conservation Plan. The managers believe that the New World 
     Mine acquisition also must comply with NEPA requirements. The 
     managers expect the relevant documents to be completed prior 
     to consummation of each of these land acquisitions.
       Subsection (j) provides the Secretary of the Interior with 
     the flexibility to develop cooperative arrangements with the 
     State of California for land management, allowing sharing of 
     goods, services, and personnel when it is mutually beneficial 
     and in the best interest of the United States.
       Consistent with the final rule designating critical habitat 
     for the marbled murrelet, the managers understand that when 
     the HCPs are completed and incidental take permits for 
     marbled murrelets issued, critical habitat will be lifted 
     from the private landowners whose land is covered by the 
     incidental take permit.
       Crown Butte Properties. Section 502 authorizes the 
     acquisition of land and interests in land that were to be 
     used for development of a mine in Montana, north of 
     Yellowstone National Park. The acquisition is to be made 
     subject to the following conditions: 1) a consent decree has 
     been lodged in the litigation regarding the cleanup of 
     historical contamination in the New World Mining District; 2) 
     an appraisal of the Crown Butte mining interests has been 
     completed and, to the extent the purchase price is different 
     than the appraised value, the difference must be explained in 
     writing to the Committee on Resources of the House of 
     Representatives, the Senate Committee on Energy and Natural 
     Resources and the House and Senate Committees on 
     Appropriations, and 3) the requirements of the National 
     Environmental Policy Act have been fulfilled.
       The managers have also incorporated a provision from the 
     August 12, 1996 Agreement so that Crown Butte will place 
     $22,500,000 in an account to perform cleanup activities.
       This section also authorizes a one-time appropriation of 
     $10,000,000 to make critical repairs to the Beartooth 
     Highway, which serves Yellowstone National Park, and a one-
     time appropriation of $2,000,000 for snow removal and 
     maintenance of the road by the Department of Agriculture. 
     These funds will become available within 30 days of the 
     acquisition of the Crown Butte properties.
       The managers expect the Secretary of Agriculture to work 
     with other Federal officials and with the appropriate 
     officials in the States of Montana and Wyoming on a long term 
     solution for repair and maintenance of the Beartooth Highway, 
     including the potential use of Federal highway funding. The 
     managers intend that the $12,000,000 provided in this 
     conference agreement be used on an interim basis, pending a 
     long term resolution. The managers do not object to the 
     Department of Agriculture entering into cooperative 
     arrangements with the Department of the Interior, or with 
     other entities, to make the most effective use of the funds 
     provided for repair and maintenance of the Beartooth Highway.
       The managers expect the Administration to provide, to the 
     Committees and to the legislative committees of jurisdiction, 
     a letter with appropriate documentation verifying that Crown 
     Butte Mines, Inc. has obtained agreement from private 
     property owners whose interests are necessary to fulfill the 
     Agreement. This letter must be provided no later than 30 days 
     prior to the United States payment to Crown Butte Mines, Inc.
       Section 503 provides for the transfer of $10 million in 
     Federal mineral assets to the State of Montana at such time 
     as the Crown Butte/New World Mine acquisition is consummated. 
     The negotiated acquisition of the New World Mine preempted 
     the usual NEPA and State permitting processes, which would 
     have provided a forum in which the significant impact of the 
     acquisition on State revenues could have been considered.
       The managers expect the Secretary of the Interior, in 
     consultation with the Governor of Montana, to study potential 
     mineral resource development in Montana. This study 
     should facilitate discussions between the State of Montana 
     and the Federal government regarding future coal and other 
     mineral development in Montana. The study should identify 
     coal and other mineral assets that may be appropriate for 
     transfer to the State of Montana. The study also should 
     review opportunities for developing super compliance coal 
     which meets the standards of Phase II of the Clean Air 
     Act; focus, in particular, on development opportunities in 
     the Ashland, Birney, Decker area of Montana; and examine 
     the issue and impact of the checker board ownership 
     pattern in Montana on coal development. The managers note 
     that no new Federal coal reserves, other than reserves 
     near existing mines, have been made available in Montana 
     since 1969.
       Section 504 provides a 180 day period during which neither 
     the Headwaters Forest land acquisition nor the Crown Butte 
     land acquisition may occur unless separate authorizing 
     legislation is enacted. Within 120 days of enactment, the 
     Secretaries of Agriculture and the Interior must individually 
     report to the Committee on Resources of the House of 
     Representatives and the Senate Committee on Energy and 
     Natural Resources on the status of their efforts to meet the 
     conditions set forth in this title involving the acquisition 
     of interests to protect and preserve the Headwaters Forest 
     and to protect and preserve Yellowstone National Park. For 
     each day beyond 120 days after enactment of this Act that the 
     appraisals required in subsections 501(b)(5) and 502(b)(2) 
     are not provided to the Committee on Resources of the House 
     of Representatives, the Senate Committee on Energy and 
     Natural Resources and the House and Senate Committees on 
     Appropriations, the 180 day period is extended by one day.
       Section 505 makes a technical correction to the Land and 
     Water Conservation Fund statute to move a provision from 
     title II to title I.

      TITLE VI--FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF

       Amendment No. 164: Modifies language provided by the Senate 
     under Title VI to make technical corrections to the Forest 
     Resources Conservation and Shortage Relief Act of 1990 
     (FRCSRA) which provide for correct format, and changes 
     Section 605(3)(3)(B) of the Act to require the use of 
     regulations in effect prior to September 8, 1995, during the 
     interim period in which the Forest Service prepares new 
     regulations to implement the Act. An additional technical 
     correction is made to Section 602(A)(3) to clarify which 
     paragraph is referred to by the language. The House had no 
     similar provision.
       The managers have included language in Title VI which 
     amends the Act by: (1) making the Washington State log export 
     ban a complete and permanent ban on log exports from the 
     State's public lands; (2) making it clear that FRCSRA does 
     not restrict the domestic movement and processing of private 
     timber, except in the State of Idaho; (3) protecting the 
     ability of private tree farmers in Washington State to freely 
     market their private timber; (4) making some timber 
     processing facilities located in western Washington State 
     more competitive for timber harvested from private and 
     Federal lands; (5) providing the Secretaries concerned with 
     discretion to impose reasonable timber making, branding, and 
     reporting requirements and to waive such requirements when 
     appropriate; and (6) clarifying other enforcement and due 
     process provisions in FRCSRA.
       The managers note that on September 8, 1995, the U.S. 
     Department of Agriculture issued and made effective 
     immediately the final rule to implement FRCSRA. Because of 
     the unintended consequences and adverse impact this rule 
     would have on the western forest products industry, 
     particularly in Washington State--where Federal timber 
     harvests have fallen from 1.5 billion board feet prior to 
     enactment of FRCSRA to less than 100 million board feet in 
     1996, the final rule was suspended, resulting in the 
     maintenance of the Washington State log export ban at 100%. 
     Title VI clarifies and preserves the optimization of domestic 
     processing of timber in western states and avoids the 
     imposition of restrictions on the domestic transportation and 
     processing of timber harvested on western private property. 
     The managers provide the following explanation of each 
     section:
     Section 2(a). Use of Unprocessed Timber--Limitation on 
         Substitution of Unprocessed Federal Timber for 
         Unprocessed Timber from Private Land
       Section 490(a)(3) provides that the substitution 
     prohibitions do not limit the acquisition of timber 
     originating on Federal land west of the 119th meridian in 
     Washington State by a buyer-broker (i.e., a company that only 
     exports timber originating from private lands owned by a 
     third party, and over which the company has no long term 
     exclusive harvest rights). A buyer-broker may acquire timber 
     originating on Federal land west of the 119th meridian in 
     Washington State either directly from a Federal agency or 
     indirectly from a third party. A buyer-broker does not 
     need a sourcing area in order to acquire timber harvested 
     from Federal land west of the 119th meridian in Washington 
     State. The 119th meridian in Washington State is a 
     limitation only on the area from which a buyer-broker may 
     acquire timer harvested from Federal land. There is no 
     geographic limitation on the area from which a buyer-
     broker may acquire private timber, whether for purposes of 
     domestic processing or export. Moreover, a buyer-broker 
     may domestically process any private timber.
       The sourcing area provisions in Section 490(c) of FRCSRA 
     enable persons to freely market timber harvested from private 
     lands in some areas and domestically process timber harvested 
     from Federal lands in other

[[Page H9034]]

     areas. Section 490(c) of FRCSRA is modified to differentiate 
     between sourcing areas for processing facilities located 
     within Washington State and sourcing areas for processing 
     facilities located outside of the State.
       Section 490(c)(3)(d) provides holders of sourcing areas for 
     facilities located outside of Washington State with the 
     option of excluding any or all Washington lands from their 
     sourcing areas. This provision makes Washington timberlands 
     irrelevant to sourcing area determinations for processing 
     facilities located outside of Washington. The language 
     provides that the Secretary may not condition approval of a 
     sourcing area for a processing facility located outside of 
     Washington on the inclusion or exclusion of any Washington 
     lands. The decision to include or exclude Washington lands in 
     such a sourcing area is at the discretion of the sourcing 
     area applicant or holder.
       Except for Idaho. FRCSRA's sourcing area provisions in 
     section 490(c)(3) are modified to make it clear that FRCSRA 
     does not restrict the domestic transporting or domestic 
     processing of timber harvested on private property. Sourcing 
     area boundaries for processing facilities in States other 
     than Idaho and Washington are to be determined on private 
     timber export and Federal timber sourcing patterns. Sourcing 
     area boundaries for processing facilities located in Idaho 
     are to be determined by Federal and private timber sourcing 
     patterns, which could lead to restrictions on the domestic 
     processing of some private timber at processing facilities 
     with sourcing areas in Idaho.
       Section 490(c)(6) provides for the establishment of 
     sourcing areas in the State of Washington. The boundaries of 
     such a sourcing area will be a circle, the radius of which 
     will be the furthest distance the sourcing area applicant or 
     holder proposes to haul timber harvested from Federal land to 
     its processing facility. Sourcing area boundaries for 
     processing facilities located in Washington State are solely 
     determined by the sourcing area applicant or holder.
       Section 490(c)(7) provides that a sourcing area is 
     relinquished when the sourcing area holder provides written 
     notice to the appropriate regional forester of the U.S. 
     Forest Service, and that timber harvested from private land 
     in a sourcing area is exportable after that sourcing area is 
     relinquished and timber from Federal land in that sourcing 
     area is no longer in the sourcing area holder's possession. 
     Whether a sourcing area holder's Federal timber contract is 
     still open is irrelevant to whether private timber from a 
     relinquished sourcing area is exportable. This provision also 
     makes it clear that relinquishing a sourcing area does not 
     affect the exportability to timber harvested from private 
     land located outside of the sourcing area.
       A new subsection is added to FRCSRA at 490(d) to make it 
     clear that nothing in this section restricts or authorizes 
     restrictions on the domestic transportation or processing of 
     timber harvested from private lands, with one exception. 
     Because sourcing areas for processing facilities located in 
     Idaho will be determined by both Federal and private timber 
     movements, the Secretary may develop rules that prohibit an 
     Idaho sourcing area holder from processing private timber 
     that originates outside of its sourcing area. There are no 
     restrictions on the domestic movement or processing of 
     private timber for processing facilities located in States 
     other than Idaho.
     Section 2(b). Restriction on exports of unprocessed timber 
         from State and public land
       Section 491(b)(2) is amended by striking the requirement 
     that the Secretary reduce the Washington State log export ban 
     to 400 million board feet. That requirement is replaced with 
     a permanent ban on the export of all logs harvested from 
     lands owned by the State of Washington.
     Section 3. Monitoring and enforcement
       Section 492(c)(2)(C) has been added to clarify that the 
     Secretary concerned must consider the seriousness of the 
     offense in determining whether to impose a penalty for a 
     particular violation of FRCSRA or its regulations. Where the 
     Secretary determines there has been a minor infraction of 
     FRCSRA or its regulations, the Secretary should delegate the 
     matter to the contracting officer who need not impose a 
     penalty.
       Section 492(d)(1) has been modified to ensure that a person 
     receives due process prior to the imposition of debarment for 
     a violation of FRCSRA or its regulations.
     Section 4. Definitions
       Section 493(3) defines ``minor infraction'' to provide 
     flexibility for inadvertent and minor non-compliance of the 
     provisions in FRCSRA and its regulations.
       Section 493(4) defines ``northwestern private timber open 
     market area'' as the State of Washington. That phrase is used 
     throughout this title where new provisions are added to 
     protect investments in processing facilities and private 
     timberlands located in Washington State.
       Section 493(9)(B)(ix) defines ``unprocessed timber'' to 
     allow exporters of private logs to acquire and domestically 
     process incidental volumes of grade 3 and grade 4 saw logs 
     from Federal lands into chips. This provision also allows 
     exporters of private logs to domestically process small 
     volumes of such logs into other products.
       Section 493(11) defines ``violation'' to make it clearer 
     that a person should not be penalized $50,000 or more per log 
     handled in violation of FRCSRA or its regulations, but rather 
     that ``violation'' refers to transgressions under a contract 
     or purchase order.
     Section 5. Regulations and review
       Section 495 has been expanded to specify that reasonable 
     painting and branding and reporting requirements should be 
     imposed only where the benefits outweigh the burdens of 
     complying with such requirements. Because of the minimal risk 
     of small logs being exported and the substantial burdens of 
     complying with painting and branding requirements, this 
     provision prevents requiring painting or branding on the face 
     of any log that is less than seven inches in diameter. 
     Likewise, this provision restricts the imposition of painting 
     and branding requirements on timber harvested from private 
     land where the transfer of such timber is to a person who is 
     eligible to purchase timber from Federal land or if both 
     parties certify that the logs will be processed at the 
     delivery site.
       The Secretary is also authorized to waive painting and 
     branding requirements if it is determined that the risk of 
     export or substitution is low in the region. The Secretary 
     may also waive painting and branding requirements for 
     unprocessed timber originating from private lands within an 
     approved sourcing areas.
       The Secretary may also waive painting and branding 
     requirements for timber harvested from Federal land if there 
     has been no exporting in the area for an extended period, and 
     a person certifies that any unprocessed timber to which the 
     waiver applies that goes outside of that area will be 
     branded.
       Title VI provides for the issuance of new FRCSRA 
     regulations no later than June 1, 1998, and provides further 
     that the regulations under this title that are currently in 
     effect (the regulations that were in effort prior to 
     September 8, 1995) shall remain in effect until new 
     regulations are issued.

                    TITLE VII--MICCOSUKEE SETTLEMENT

       Amendment No. 165: Makes technical corrections to language 
     proposed by the Senate dealing with the transfer of lands for 
     the Miccosukee Tribe of Florida. The House had no similar 
     provision.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1998 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1997 amount, the 1998 
     budget estimates, and the House and Senate bills for 1998 
     follow:

New budget (obligational) authority, fiscal year 1997...$13,514,435,000
Budget estimates of new (obligational) authority, fiscal 13,799,946,000
House bill, fiscal year 1998.............................12,952,829,000
Senate bill, fiscal year 1998............................13,756,350,000
Conference agreement, fiscal year 1998...................13,789,438,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1997....+275,003,000
  Budget estimates of new (obligational) authority, fiscal y-10,508,000
House bill, fiscal year 1998...............................+836,609,000
  Senate bill, fiscal year 1998.............................+33,088,000

     Ralph Regula,
     Joseph M. McDade,
     Jim Kolbe,
     Joe Skeen,
     Charles H. Taylor,
     George R. Nethercutt, Jr.,
     Dan Miller,
     Zach Wamp,
     Bob Livingston,
     Sidney R. Yates,
     John P. Murtha,
     Norm Dicks,
     David E. Skaggs,
     James P. Moran,
     David Obey,
                                Managers on the Part of the House.

     Slade Gorton,
     Ted Stevens,
     Thad Cochran,
     Pete V. Domenici,
     Conrad Burns,
     Robert F. Bennett,
     Judd Gregg,
     Ben Nighthorse Campbell,
     Robert Byrd,
     Patrick Leahy,
     Dale Bumpers,
     Ernest Hollings,
     Harry Reid,
     Byron Dorgan,
     Barbara Boxer,
     Managers on the Part of the Senate.

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