[House Report 105-337]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-337
_______________________________________________________________________


 
    MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR AND 
      RELATED AGENCIES, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998, 
      AND FOR OTHER PURPOSES

                                _______
                                

                October 22, 1997.--Ordered to be printed

_______________________________________________________________________


 Mr. Regula, from the committee on conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2107]

      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 
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).
      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 that the lands or any 
portion thereof have become contaminated with hazardous 
substances (as defined in the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 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 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. 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 
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 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 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 (1) 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
            (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 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 (30 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.
      (e) 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 section 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 northwestern private 
                        timber open market area)'' after 
                        ``lands'';
                    (C) in paragraph (3)--
                            (i) in the paragraph heading, by 
                        inserting ``for sourcing areas for 
                        processing facilities located outside 
                        of the northwestern private timber open 
                        market area.--(A) In general''; after 
                        ``approval''; and
                            (ii) by striking the last sentence 
                        of paragraph (3) and adding at the end 
                        the following:
                    ``(B) For timber manufacturing facilities 
                located in idaho.--Except as provided in 
                subparagraph (D), in making a determination 
                referred to in subparagraph (A), the Secretary 
                concerned shall consider the private timber 
                export and the private and Federal timber 
                sourcing patterns for the applicant's timber 
                manufacturing facilities, as well as the 
                private and Federal timber sourcing patterns 
                for the timber manufacturing facilities of 
                other persons in the same local vicinity of the 
                applicant, and the relative similarity of such 
                private and Federal timber sourcing patterns.
                    ``(C) For timber manufacturing facilities 
                located in states other than idaho.--Except as 
                provided in subparagraph (D), in making the 
                determination referred to in subparagraph (A), 
                the Secretary concerned shall consider the 
                private timber export and the Federal timber 
                sourcing patterns for the applicant's timber 
                manufacturing facilities, as well as the 
                Federal timber sourcing patterns for the timber 
                manufacturing facilities of other persons in 
                the same local vicinity of the applicant, and 
                the relative similarity of such Federal timber 
                sourcing patterns. Private timber sourcing 
                patterns shall not be a factor in such 
                determinations in States other than Idaho.
                    ``(D) Area not included.--In deciding 
                whether to approve or disapprove an 
                application, the Secretary shall not--
                            ``(i) consider land located in the 
                        northwestern private timber open market 
                        area; or
                            ``(ii) condition approval of the 
                        application on the inclusion of any 
                        such land in the applicant's sourcing 
                        area, such land being includable in the 
                        sourcing area only to the extent 
                        requested by the applicant.'';
                    (D) in paragraph (4), in the paragraph 
                heading, by inserting ``for sourcing areas for 
                processing facilities located outside the 
                northwestern private timber open market area''; 
                after ``application'';
                    (E) in paragraph (5), in the paragraph 
                heading, by inserting ``for sourcing areas for 
                processing facilities located outside the 
                northwestern private timber open market area''; 
                after ``determinations''; and
                    (F) by adding at the end the following:
            ``(6) Sourcing areas for processing facilities 
        located in the northwestern private timber open market 
        area-- 
                    ``(A) Establishment.--In the northwestern 
                private timber open market area--
                            ``(i) a sourcing area boundary 
                        shall be a circle around the processing 
                        facility of the sourcing area applicant 
                        or holder;
                            ``(ii) the radius of the circle--
                                    ``(I) shall be the furthest 
                                distance that the sourcing area 
                                applicant or holder proposes to 
                                haul Federal timber for 
                                processing at the processing 
                                facility; and
                                    ``(II) shall be determined 
                                solely by the sourcing area 
                                applicant or holder;
                            ``(iii) a sourcing area shall 
                        become effective on written notice to 
                        the Regional Forester for Region 6 of 
                        the Forest Service of the location of 
                        the boundary of the sourcing area;
                            ``(iv) the 24-month requirement in 
                        paragraph (1)(A) shall not apply;
                            ``(v) a sourcing area holder--
                                    ``(I) may adjust the radius 
                                of the sourcing area not more 
                                frequently than once every 24 
                                months; and
                                    ``(II) shall provide 
                                written notice to the Regional 
                                Forester for Region 6 of the 
                                adjusted boundary of its 
                                sourcing area before using the 
                                adjusted sourcing area; and
                            ``(vi) a sourcing area holder that 
                        relinquishes a sourcing area may not 
                        reestablish a sourcing area for that 
                        processing facility before the date 
                        that is 24 months after the date on 
                        which the sourcing area was 
                        relinquished.
                    ``(B) Transition.--With respect to a 
                portion of a sourcing area established before 
                the date of enactment of this paragraph that 
                contains Federal timber under contract before 
                that date and is outside the boundary of a new 
                sourcing area established under subparagraph 
                (A)--
                            ``(i) that portion shall continue 
                        to be a sourcing area only until 
                        unprocessed Federal timber from the 
                        portion is no longer in the possession 
                        of the sourcing area holder; and
                            ``(ii) unprocessed timber from 
                        private land in that portion shall be 
                        exportable immediately after 
                        unprocessed timber from Federal land in 
                        the portion is no longer in the 
                        possession of the sourcing area holder.
            ``(7) Relinquishment and termination of sourcing 
        areas.--
                    ``(A) In general.--A sourcing area may be 
                relinquished at any time.
                    ``(B) Effective date.--A relinquishment of 
                a sourcing area shall be effective as of the 
                date on which written notice is provided by the 
                sourcing area holder to the Regional Forester 
                with jurisdiction over the sourcing area where 
                the processing facility of the holder is 
                located.
                    ``(C) Exportability.--
                            ``(i) In general.--On 
                        relinquishment or termination of a 
                        sourcing area, unprocessed timber from 
                        private land within the former boundary 
                        of the relinquished or terminated 
                        sourcing area is exportable immediately 
                        after unprocessed timber from Federal 
                        land from within that area is no longer 
                        in the possession of the former 
                        sourcing area holder.
                        ``(ii) No restriction.--The 
                        exportability of unprocessed timber 
                        from private land located outside of a 
                        sourcing area shall not be restricted 
                        or in any way affected by 
                        relinquishment or termination of a 
                        sourcing area.''; and
            (3) by adding at the end the following:
      ``(d) Domestic Transportation and Processing of Private 
Timber.--Nothing in this section restricts or authorizes any 
restriction on the domestic transportation or processing of 
timber harvested from private land, except that the Secretary 
may prohibit processing facilities located in the State of 
Idaho that have sourcing areas from processing timber harvested 
from private land outside of the boundaries of those sourcing 
areas.''.
      (b) Restriction on Exports of Unprocessed Timber from 
State and Public Land.--Section 491(b)(2) of the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 
U.S.C. 620c(b)(2)) is amended--
            (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 
theapplicable 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 
                subparagraph (A).
            ``(4) Painting and branding.--
                    ``(A) In general.--The Secretary concerned 
                shall issue regulations that impose reasonable 
                painting, branding, or other forms of marking 
                or tracking requirements on unprocessed timber 
                if--
                            ``(i) the benefits of the 
                        requirements outweigh the cost of 
                        complying with the requirements; and
                            ``(ii) the Secretary determines 
                        that, without the requirements, it is 
                        likely that the unprocessed timber--
                                    ``(I) would be exported in 
                                violation of this title; or
                                    ``(II) if the unprocessed 
                                timber originated from Federal 
                                lands, would be substituted for 
                                unprocessed timber originating 
                                from private lands west of the 
                                100th Meridian in the 
                                contiguous 48 States in 
                                violation of this title.
                    ``(B) Minimum size. The Secretary concerned 
                shall not impose painting, branding, or other 
                forms of marking or tracking requirements on--
                            ``(i) the face of a log that is 
                        less than 7 inches in diameter; or
                            ``(ii) unprocessed timber that is 
                        less than 8 feet in length or less than 
                        \1/3\ sound wood.
                    ``(C) Waivers.--
                            ``(i) In general.--The Secretary 
                        concerned may waive log painting and 
                        branding requirements--
                                    ``(I) for a geographic 
                                area, if the Secretary 
                                determines that the risk of the 
                                unprocessed timber being 
                                exported from the area or used 
                                in substitution is low;
                                    ``(II) with respect to 
                                unprocessed timber originating 
                                from private lands located 
                                within an approved sourcing 
                                area for a person who certifies 
                                that the timber will be 
                                processed at a specific 
                                domestic processing facility to 
                                the extent that the processing 
                                does occur; or
                                    ``(III) as part of a log 
                                yard agreement that is 
                                consistent with the purposes of 
                                the export and substitution 
                                restrictions imposed under this 
                                title.
                            ``(ii) Review and termination of 
                        waivers.--A waiver granted under clause 
                        (i)--
                                    ``(I) shall, to the maximum 
                                extent practicable, be reviewed 
                                once a year; and
                                    ``(II) shall remain 
                                effective until terminated by 
                                the Secretary.
                    ``(D) Factors.--In making a determination 
                under this paragraph, the Secretary concerned 
                shall consider--
                            ``(i) the risk of unprocessed 
                        timber of that species, grade, and size 
                        being exported or used in substitution;
                            ``(ii) the location of the 
                        unprocessed timber and the effect of 
                        the location on its being exported or 
                        used in substitution;
                            ``(iii) the history of the person 
                        involved with respect to compliance 
                        with log painting and branding 
                        requirements; and
                            ``(iv) any other factor that is 
                        relevant to determining the likelihood 
                        of the unprocessed timber being 
                        exported or used in substitution.
            ``(5) Reporting.--
                    ``(A) In general.--Subject to subparagraph 
                (B), the Secretary concerned shall issue 
                regulations that impose reasonable 
                documentation and reporting requirements if the 
                benefits of the requirements outweigh the cost 
                of complying with the requirements.
                    ``(B) Waivers.--
                            ``(i) In general.--The Secretary 
                        concerned may waive documentation and 
                        reporting requirements for a person 
                        if--
                                    ``(I) an audit of the 
                                records of the facility of the 
                                person reveals substantial 
                                compliance with all notice, 
                                reporting, painting, and 
                                branding requirements during 
                                the preceding year; or
                                    ``(II) the person 
                                transferring the unprocessed 
                                timber and the person 
                                processing the unprocessed 
                                timber enter into an advance 
                                agreement with the Secretary 
                                concerned regarding the 
                                disposition of the unprocessed 
                                timber by domestic processing.
                            ``(ii) Review and termination of 
                        waivers.--A waiver granted under clause 
                        (i)--
                                    ``(I) shall, to the maximum 
                                extent practicable, be reviewed 
                                once a year; and
                                    ``(II) shall remain 
                                effective until terminated by 
                                the Secretary.''.
      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,
                                   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 $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 thatjustifies 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 
    facilities).........................................       1,659,000
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
Southeast 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 
    construction).......................................       1,900,000
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 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, NJ.....................................         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 
considerallocating 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 cost 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 reducethese costs 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. 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 timeframe 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 
Service 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 
significantly 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 Committees 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 
constructing 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 officers 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 remediation 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 
this 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 
agenciesshould 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
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 carriage 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 projectas 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 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
acquisition 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 
aresponsibility the 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.
      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 or 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 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 
in 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 other 
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.
      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, HI, 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 fromother 
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 airoperations, $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 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 interagency 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.
      Amendment 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
Cleveland (Rutherford Ranch), CA........................       1,000,000
Columbia River Gorge, WA................................       8,000,000
Daniel Boone & Red Bird, KY.............................       1,000,000
Gallatin (Yellowstone), MT..............................       1,500,000
Green Mt. (Taconic Crest 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 a 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 offered under 
this plan will create economic hardships for local communities 
and that imbalanced 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 relocating 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 regionshall 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 $3,000,000 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 asproposed 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, 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 internationalcompetitiveness 
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 $160,100,000 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. 105: 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 $359,348,000 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.

                  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 thefirst 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 outlined 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 programs.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       Grants and Administration

      Amendment No. 120: Inserts a heading for the National 
Endowment for the Arts as proposed by the Senate. The NEA was 
not included in House bill.

                       Grants and Administration

      Amendment No. 121: Appropriates $81,240,000 for grants 
and administration of the National Endowment for the Arts 
instead of $83,300,000 as proposed by the Senate and no funding 
as proposed by the house. The managers support the Senate 
position which states that the disagreements surrounding 
funding for the arts should be addressed through the 
authorizing process during this Congress. However, the managers 
have agreed to provide funding for fiscal year 1998 with 
several additional reforms. The managers agree to increase the 
State grants plus the State set-aside to 40% of total grants, 
including matching grants, consistent with authorizing 
legislation under consideration by the Senate. Legislative 
language is also included in Title III limiting total grant 
funding awarded in any single State to 15 percent of the annual 
allocation of all grants. Grants which are determined to have a 
national impact or are awarded to groups that tour several 
States are excluded from this calculation, and the NEA should 
award such grants through the establishment of a new grant 
category. The managers have also included language providing a 
priority to activities thatencourage 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 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 managersexpect 
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 theforest 
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 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 bythe 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 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 for 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 tothe 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-yearactivities 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 Headwaters 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.
      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 
participation 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 that 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 
shouldfacilitate 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) marking 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 marking, 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 mayacquire 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 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 area.
      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 
    year 1998...........................................  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 year 1998..................................     -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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