[105th Congress Public Law 83]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ83.105]


[[Page 111 STAT. 1543]]

Public Law 105-83
105th Congress

                                 An Act


 
  Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 1998, and for other 
            purposes. <<NOTE: Nov. 14, 1997 -  [H.R. 2107]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
the Interior and Related Agencies Appropriations Act, 1998.>> That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 1998, 
and for other purposes, namely:

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $583,270,000, to remain 
available until expended, of which $2,043,000 shall be available for 
assessment of the mineral potential of public lands in Alaska pursuant 
to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of which 
$3,000,000 shall be derived from the special receipt account established 
by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 
460l-6a(i)); and of which $1,500,000 shall be available in fiscal year 
1998 subject to a match by at least an equal amount by the National Fish 
and Wildlife Foundation, to such Foundation for challenge cost share 
projects supporting fish and wildlife conservation affecting Bureau 
lands; in addition, $27,650,000 for Mining Law Administration program 
operations, to remain available until expended, to be reduced by amounts 
collected by the Bureau and credited to this appropriation from annual 
mining claim fees so as to result in a final appropriation estimated at 
not more than $583,270,000; and in addition, not to exceed $5,000,000, 
to remain available until expended, from annual mining claim fees; which 
shall be credited to this account for the costs of administering the 
mining claim fee program, and $2,000,000 from communication site rental 
fees established by the Bureau for the cost of administering 
communication site activities: Provided, That appropriations herein made

[[Page 111 STAT. 1544]]

shall not be available for the destruction of healthy, unadopted, wild 
horses and burros in the care of the Bureau or its contractors.

                        wildland fire management

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

                    central hazardous materials fund

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

                              construction

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

                        payments in lieu of taxes

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

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) of 
Public Law 94-579, including administrative expenses and acquisition of 
lands or waters, or interests therein, $11,200,000, to be derived from 
the Land and Water Conservation Fund, to remain available until 
expended.

[[Page 111 STAT. 1545]]

                    oregon and california grant lands

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

                  forest ecosystems health and recovery

                    (revolving fund, special account)

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

                           range improvements

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

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, That <<NOTE: 43 USC 1735 note.>>  
notwithstanding any provision to the contrary of section 305(a) of 
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will 
be received pursuant to that section, whether

[[Page 111 STAT. 1546]]

as a result of forfeiture, compromise, or settlement, if not appropriate 
for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), 
shall be available and may be expended under the authority of this Act 
by the Secretary to improve, protect, or rehabilitate any public lands 
administered through the Bureau of Land Management which have been 
damaged by the action of a resource developer, purchaser, permittee, or 
any unauthorized person, without regard to whether all moneys collected 
from each such action are used on the exact lands damaged which led to 
the action: Provided further, That any such moneys that are in excess of 
amounts needed to repair damage to the exact land for which funds were 
collected may be used to repair other damaged public lands.

                        miscellaneous trust funds

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

                        administrative provisions

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

                 United States Fish and Wildlife Service

                           resource management

    For expenses necessary for scientific and economic studies, 
conservation, management, investigations, protection, and utilization of 
fishery and wildlife resources, except whales, seals, and sea lions, and 
for the performance of other authorized functions related to such 
resources; for the general administration of the United States Fish and 
Wildlife Service; for maintenance of the herd of long-horned cattle on 
the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for 
high priority projects within the scope of the approved budget which 
shall be carried out by the Youth Conservation Corps as authorized by 
the Act of August 13, 1970, as amended, $594,842,000, to remain 
available until September 30, 1999, of which $11,612,000 shall remain 
available

[[Page 111 STAT. 1547]]

until expended for operation and maintenance of fishery mitigation 
facilities constructed by the Corps of Engineers under the Lower Snake 
River Compensation Plan, authorized by the Water Resources Development 
Act of 1976, to compensate for loss of fishery resources from water 
development projects on the Lower Snake River, and of which not less 
than $2,000,000 shall be provided to local governments in southern 
California for planning associated with the Natural Communities 
Conservation Planning (NCCP) program and shall remain available until 
expended, and of which not to exceed $5,190,000 shall be used for 
implementing subsections (a), (b), (c), and (e) of section 4 of the 
Endangered Species Act of 1973, as amended: Provided, That the proviso 
under this heading in Public Law 104-208 is <<NOTE: 16 USC 742b note.>>  
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''.

                              construction

    For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigation, protection, and 
utilization of fishery and wildlife resources, and the acquisition of 
lands and interests therein; $45,006,000, to remain available until 
expended.

                 natural resource damage assessment fund

    To conduct natural resource damage assessment activities by the 
Department of the Interior necessary to carry out the provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control 
Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 
(Public Law 101-380), and Public Law 101-337; $4,228,000, to remain 
available until expended: Provided, That under this heading in 
Public <<NOTE: 43 USC 1474b-1.>>  Law 104-134, strike ``in fiscal year 
1996 and thereafter'' in the proviso and insert ``heretofore and 
hereafter'', and before the phrase ``or properties shall be utilized'' 
in such proviso, insert ``, to remain available until expended,'': 
Provided further, That the first proviso under this heading in Public 
Law 103-138 <<NOTE: 43 USC 1474b-1.>>  is amended by inserting after 
``account'' the following: ``, including transfers to Federal trustees 
and payments to non-Federal trustees,''.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $62,632,000, to remain 
available until expended.

            cooperative endangered species conservation fund

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

[[Page 111 STAT. 1548]]

                      national wildlife refuge fund

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

                         rewards and operations

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

                north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, as amended, 
$11,700,000, to remain available until expended.

                 rhinoceros and tiger conservation fund

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

               wildlife conservation and appreciation fund

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

                        administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 108 
passenger motor vehicles, of which 92 are for replacement only 
(including 57 for police-type use); not to exceed $400,000 for payment, 
at the discretion of the Secretary, for information, rewards, or 
evidence concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activities, 
authorized or approved by the Secretary and to be accounted for solely 
on his certificate; repair of damage to public roads within and adjacent 
to reservation areas caused by operations of the Service; options for 
the purchase of land at not to exceed $1 for each option; facilities 
incident to such public recreational uses on conservation areas as are 
consistent with their primary purpose; and the maintenance and 
improvement of aquaria, buildings, and other facilities under the 
jurisdiction of the Service and to which the United States has title, 
and which are utilized pursuant to law in connection with management and 
investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft: Provided further, That notwithstanding any other 
provision of law, the Secretary of the Interior may not spend any of the 
funds appropriated in this Act

[[Page 111 STAT. 1549]]

for the purchase of lands or interests in lands to be used in the 
establishment of any new unit of the National Wildlife Refuge System 
unless the purchase is approved in advance by the House and Senate 
Committees on Appropriations in compliance with the reprogramming 
procedures contained in the report accompanying this bill: Provided 
further, That the Secretary may sell land and interests in land, other 
than surface water rights, acquired in conformance with subsections 
206(a) and 207(c) of Public Law 101-816, the receipts of which shall be 
deposited to the Lahontan Valley and Pyramid Lake Fish and Wildlife Fund 
and used exclusively for the purposes of such subsections, without 
regard to the limitation on the distribution of benefits in subsection 
206(f)(2) of such law.

                          National Park Service

                  operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, including not to exceed $1,593,000 for the 
Volunteers-in-Parks program, and not less than $1,000,000 for high 
priority projects within the scope of the approved budget which shall be 
carried out by the Youth Conservation Corps as authorized by 16 U.S.C. 
1706, $1,233,664,000, of which $12,800,000 for research, planning and 
interagency coordination in support of land acquisition for Everglades 
restoration shall remain available until expended, and of which not to 
exceed $72,000,000, to remain available until expended, is to be derived 
from the special fee account established pursuant to title V, section 
5201 of Public Law 100-203.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $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 to remain available until September 30, 1999.

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation Act 
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333), $40,812,000, to be 
derived from the Historic Preservation Fund, to remain available until 
September 30, 1999, of which $4,200,000 pursuant to section 507 of 
Public Law 104-333 shall remain available until expended.

[[Page 111 STAT. 1550]]

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including the modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989, 
$214,901,000, to remain available until expended: 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.

                    land and water conservation fund

                              (rescission)

    The contract <<NOTE: 16 USC 460l-10a note.>>  authority provided for 
fiscal year 1998 by 16 U.S.C. 460l-10a is rescinded.

                  land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with statutory authority applicable to 
the National Park Service, $143,290,000, to be derived from the Land and 
Water Conservation Fund, to remain available until expended, of which 
$1,000,000 is to administer the State assistance program: Provided, That 
any funds made available for the purpose of acquisition of the Elwha and 
Glines dams shall be used solely for acquisition, and shall not be 
expended until the full purchase amount has been appropriated by the 
Congress: Provided further, That from the funds made available for land 
acquisition at Everglades National Park and Big Cypress National 
Preserve, the Secretary may provide for Federal assistance to the State 
of Florida for the acquisition of lands or waters, or interests therein, 
within the Everglades watershed (consisting of lands and waters within 
the boundaries of the South Florida Water Management District, Florida 
Bay and the Florida Keys) under terms and conditions deemed necessary by 
the Secretary, to improve and restore the hydrological function of the 
Everglades watershed: Provided further, That the Secretary may provide 
such funds to the State of Florida for acquisitions within Stormwater 
Treatment Area 1-E, including reimbursement for lands or waters, or 
interests therein, within Stormwater Treatment Area 1-E acquired by the 
State of Florida prior to the enactment of this Act: Provided further, 
That funds provided under this heading to the State of Florida shall be 
subject to an agreement that such lands will be managed in perpetuity 
for the restoration of the Everglades.

[[Page 111 STAT. 1551]]

                        administrative provisions

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

                     United States Geological Survey

                  surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, and the mineral and water resources of the United 
States, its territories and possessions, and other areas as authorized 
by 43 U.S.C. 31, 1332, and 1340; classify lands as to their mineral and 
water resources; give engineering supervision to power permittees and 
Federal Energy Regulatory Commission licensees; administer the minerals 
exploration program (30 U.S.C. 641); and publish and disseminate data 
relative to the foregoing activities; and to conduct inquiries into the 
economic conditions affecting mining and materials processing industries 
(30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as 
authorized by law and to publish and disseminate data; $759,160,000 of 
which $66,231,000 shall be available only for cooperation with States or 
municipalities for water resources investigations; and of which 
$16,400,000 shall remain available until expended for conducting 
inquiries into the economic conditions affecting mining and materials 
processing industries; and of which $2,000,000 shall remain available 
until expended for development of a mineral and geologic database; and 
of which $145,159,000 shall be available until September 30, 1999 for 
the biological research activity and the operation of the Cooperative 
Research Units: Provided, That none of these funds provided for the 
biological research activity shall be used to conduct new surveys on 
private

[[Page 111 STAT. 1552]]

property, unless specifically authorized in writing by the property 
owner: Provided further, That <<NOTE: 43 USC 50.>>  no part of this 
appropriation shall be used to pay more than one-half the cost of 
topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and municipalities.

                        administrative provisions

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

                       Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of royalties, 
as authorized by law; for enforcing laws and regulations applicable to 
oil, gas, and other minerals leases, permits, licenses and operating 
contracts; and for matching grants or cooperative agreements; including 
the purchase of not to exceed eight passenger motor vehicles for 
replacement only; $137,521,000, of which not less than $68,574,000 shall 
be available for royalty management activities; and an amount not to 
exceed $65,000,000, to be credited to this appropriation and to remain 
available until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, from rate increases to 
fee collections for Outer Continental Shelf administrative activities 
performed by the Minerals Management Service over and above the rates in 
effect on September 30, 1993, and from additional fees for Outer 
Continental Shelf administrative activities established after September 
30, 1993: Provided, That $3,000,000 for computer acquisitions shall 
remain available until September 30, 1999: Provided further, That funds 
appropriated under this Act shall be available for the payment of 
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided

[[Page 111 STAT. 1553]]

further, That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine cleanup 
activities: Provided further, That notwithstanding any other provision 
of law, $15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of the Minerals Management Service concurred with the claimed 
refund due, to pay amounts owed to Indian allottees or tribes, or to 
correct prior unrecoverable erroneous payments.

                           oil spill research

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

          Office of Surface Mining Reclamation and Enforcement

                        regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $94,937,000, and notwithstanding 31 
U.S.C. 3302, an additional amount shall be credited to this account, to 
remain available until expended, from performance bond forfeitures in 
fiscal year 1998: Provided, That the Secretary of the Interior, pursuant 
to regulations, may utilize directly or through grants to States, moneys 
collected in fiscal year 1998 for civil penalties assessed under section 
518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1268), to reclaim lands adversely affected by coal mining practices 
after August 3, 1977, to remain available until expended: Provided 
further, That <<NOTE: 30 USC 1211 note.>>  appropriations for the Office 
of Surface Mining Reclamation and Enforcement may provide for the travel 
and per diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training.

                     abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $177,624,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $5,000,000 shall be for supplemental grants to States for 
the reclamation of abandoned sites with acid mine rock drainage from 
coal mines through the Appalachian Clean Streams Initiative: Provided, 
That grants to minimum program States will be $1,500,000 per State in 
fiscal year 1998: Provided further, That of the funds herein provided up 
to $18,000,000 may be used for the emergency program authorized by 
section 410 of Public Law 95-87, as amended, of which no more than 25 
percent shall be used for emergency reclamation projects in any one 
State and funds for federally administered emergency reclamation 
projects under this proviso shall not exceed

[[Page 111 STAT. 1554]]

$11,000,000: Provided further, That prior year unobligated funds 
appropriated for the emergency reclamation program shall not be subject 
to the 25 percent limitation per State and may be used without fiscal 
year limitation for emergency projects: Provided further, That pursuant 
to Public Law 97-365, the Department of the Interior is authorized to 
use up to 20 percent from the recovery of the delinquent debt owed to 
the United States Government to pay for contracts to collect these 
debts: Provided further, That funds made available to States under title 
IV of Public Law 95-87 may be used, at their discretion, for any 
required non-Federal share of the cost of projects funded by the Federal 
Government for the purpose of environmental restoration related to 
treatment or abatement of acid mine drainage from abandoned mines: 
Provided further, That such projects must be consistent with the 
purposes and priorities of the Surface Mining Control and Reclamation 
Act: Provided further, That the State of Maryland may set aside the 
greater of $1,000,000 or 10 percent of the total of the grants made 
available to the State under title IV of the Surface Mining Control and 
Reclamation Act of 1977, as amended (30 U.S.C. 1231 et seq.), if the 
amount set aside is deposited in an acid mine drainage abatement and 
treatment fund established under a State law, pursuant to which law the 
amount (together with all interest earned on the amount) is expended by 
the State to undertake acid mine drainage abatement and treatment 
projects, except that before any amounts greater than 10 percent of its 
title IV grants are deposited in an acid mine drainage abatement and 
treatment fund, the State of Maryland must first complete all Surface 
Mining Control and Reclamation Act priority one projects.

                        Bureau of Indian Affairs

                      operation of indian programs

    For operation of Indian programs by direct expenditure, contracts, 
cooperative agreements, compacts, and grants including expenses 
necessary to provide education and welfare services for Indians, either 
directly or in cooperation with States and other organizations, 
including payment of care, tuition, assistance, and other expenses of 
Indians in boarding homes, or institutions, or schools; grants and other 
assistance to needy Indians; maintenance of law and order; management, 
development, improvement, and protection of resources and appurtenant 
facilities under the jurisdiction of the Bureau, including payment of 
irrigation assessments and charges; acquisition of water rights; 
advances for Indian industrial and business enterprises; operation of 
Indian arts and crafts shops and museums; development of Indian arts and 
crafts, as authorized by law; for the general administration of the 
Bureau, including such expenses in field offices; maintaining of Indian 
reservation roads as defined in 23 U.S.C. 101; and construction, repair, 
and improvement of Indian housing, $1,528,588,000, to remain available 
until September 30, 1999 except as otherwise provided herein, of which 
not to exceed $93,825,000 shall be for welfare assistance payments and 
not to exceed $105,829,000 shall be for payments to tribes and tribal 
organizations for contract support costs associated with ongoing 
contracts or grants or compacts entered into with the Bureau prior to 
fiscal year 1998, as authorized by the Indian Self-Determination Act of 
1975, as amended, and up to $5,000,000 shall be for the Indian Self-
Determination Fund,

[[Page 111 STAT. 1555]]

which shall be available for the transitional cost of initial or 
expanded tribal contracts, grants, compacts, or cooperative agreements 
with the Bureau under such Act; and of which not to exceed $374,290,000 
for school operations costs of Bureau-funded schools and other education 
programs shall become available on July 1, 1998, and shall remain 
available until September 30, 1999; and of which not to exceed 
$55,949,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, land records 
improvements and the Navajo-Hopi Settlement Program: Provided, That 
tribes and tribal contractors may use their tribal priority allocations 
for unmet indirect costs of ongoing contracts, grants or compact 
agreements and for unmet welfare assistance costs: Provided further, 
That funds made available to tribes and tribal organizations through 
contracts, compact agreements, or grants obligated during fiscal years 
1998 and 1999, as authorized by the Indian Self-Determination Act of 
1975, or grants authorized by the Indian Education Amendments of 1988 
(25 U.S.C. 2001 and 2008A) shall remain available until expended by the 
contractor or grantee: Provided further, That to provide funding 
uniformity within a Self-Governance Compact, any funds provided in this 
Act with availability for more than two years may be reprogrammed to two 
year availability but shall remain available within the Compact until 
expended: Provided further, That notwithstanding any other provision of 
law, Indian tribal governments may, by appropriate changes in 
eligibility criteria or by other means, change eligibility for general 
assistance or change the amount of general assistance payments for 
individuals within the service area of such tribe who are otherwise 
deemed eligible for general assistance payments so long as such changes 
are applied in a consistent manner to individuals similarly situated: 
Provided further, That any savings realized by such changes shall be 
available for use in meeting other priorities of the tribes: Provided 
further, That any net increase in costs to the Federal Government which 
result solely from tribally increased payment levels for general 
assistance shall be met exclusively from funds available to the tribe 
from within its tribal priority allocation: Provided further, That any 
forestry funds allocated to a tribe which remain unobligated as of 
September 30, 1998, may be transferred during fiscal year 1999 to an 
Indian forest land assistance account established for the benefit of 
such tribe within the tribe's trust fund account: Provided further, 
That <<NOTE: Expiration date.>>  any such unobligated balances not so 
transferred shall expire on September 30, 1999: Provided further, That 
notwithstanding any other provision of law, no funds available to the 
Bureau, other than the amounts provided herein for assistance to public 
schools under 25 U.S.C. 452 et seq., shall be available to support the 
operation of any elementary or secondary school in the State of Alaska 
in fiscal year 1998: Provided further, That funds made available in this 
or any other Act for expenditure through September 30, 1999 for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996: Provided further, That no 
funds available to the Bureau shall be used to support expanded grades 
for any school or dormitory beyond the grade structure in place or 
approved by the Secretary of the Interior at each school <<NOTE: 25 USC 
2012 note.>>  in the Bureau school system as of October 1, 1995: 
Provided further, That beginning in fiscal year 1998 and thereafter and 
notwithstanding 25

[[Page 111 STAT. 1556]]

U.S.C. 2012(h)(1)(B), when the rates of basic compensation for teachers 
and counselors at Bureau-operated schools are established at the rates 
of basic compensation applicable to comparable positions in overseas 
schools under the Defense Department Overseas Teachers Pay and Personnel 
Practices Act, such rates shall become effective with the start of the 
next academic year following the issuance of the Department of Defense 
salary schedule and shall not be effected retroactively: Provided 
further, That the Cibecue Community School may use prior year school 
operations funds for the construction of a new high school facility 
which is in compliance with 25 U.S.C. 2005(a) provided that any 
additional construction costs for replacement of such facilities begun 
with prior year funds shall be completed exclusively with non-Federal 
funds: Provided further, That tribes may use tribal priority allocations 
funds for the replacement and repair of school facilities which are in 
compliance with 25 U.S.C. 2005(a), so long as such replacement or repair 
is approved by the Secretary and completed with non-Federal tribal and/
or tribal priority allocations funds.

                              construction

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

[[Page 111 STAT. 1557]]

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

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

                 indian guaranteed loan program account

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

                        administrative provisions

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

[[Page 111 STAT. 1558]]

                          Departmental Offices

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $67,514,000, of which: 
(1) $63,665,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, and brown tree snake control and research; 
grants to the judiciary in American Samoa for compensation and expenses, 
as authorized by law (48 U.S.C. 1661(c)); grants to the Government of 
American Samoa, in addition to current local revenues, for construction 
and support of governmental functions; grants to the Government of the 
Virgin Islands as authorized by law; grants to the Government of Guam, 
as authorized by law; and grants to the Government of the Northern 
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272); 
and (2) $3,849,000 shall be available for salaries and expenses of the 
Office of Insular Affairs: Provided, That <<NOTE: 48 USC 1469b.>>  all 
financial transactions of the territorial and local governments herein 
provided for, including such transactions of all agencies or 
instrumentalities established or utilized by such governments, may be 
audited by the General Accounting Office, at its discretion, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further, That Northern Mariana Islands Covenant grant funding shall be 
provided according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 99-396, or any 
subsequent legislation related to Commonwealth of the Northern Mariana 
Islands grant funding: Provided further, That of the amounts provided 
for technical assistance, sufficient funding shall be made available for 
a grant to the Close Up Foundation: Provided further, That the funds for 
the program of operations and maintenance improvement are appropriated 
to institutionalize routine operations and maintenance improvement of 
capital infrastructure in American Samoa, Guam, the Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, the Republic of Palau, the 
Republic of the Marshall Islands, and the Federated States of Micronesia 
through assessments of long-range operations maintenance needs, improved 
capability of local operations and maintenance institutions and agencies 
(including management and vocational education training), and project-
specific maintenance (with territorial participation and cost sharing to 
be determined by the Secretary based on the individual territory's 
commitment to timely maintenance of its capital assets): Provided 
further, That any appropriation for disaster assistance under this 
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants 
provided pursuant to section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c).

                       compact of free association

    For economic assistance and necessary expenses for the Federated 
States of Micronesia and the Republic of the Marshall Islands as 
provided for in sections 122, 221, 223, 232, and 233 of the

[[Page 111 STAT. 1559]]

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

                         Departmental Management

                          salaries and expenses

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

                         Office of the Solicitor

                          salaries and expenses

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

                       Office of Inspector General

                          salaries and expenses

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

                    National Indian Gaming Commission

                          salaries and expenses

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

             Office of Special Trustee for American Indians

                         federal trust programs

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $33,907,000, to 
remain available until expended: Provided, That funds for trust 
management improvements may be transferred to the Bureau of Indian 
Affairs: Provided further, That funds made available to tribes and 
tribal organizations through contracts or grants obligated during fiscal 
year 1998, as authorized by the Indian Self-Determination Act of 1975 
(25 U.S.C. 450 et seq.), shall remain available until expended by the 
contractor or grantee: Provided further, That notwithstanding any other 
provision of law, the statute of limitations shall not commence to run 
on any claim, including any claim in litigation pending on the date of 
the enactment of this Act, concerning losses to or mismanagement of 
trust funds, until the affected tribe or individual Indian has been 
furnished with an accounting of such funds from which the beneficiary 
can determine whether there has been a loss.

[[Page 111 STAT. 1560]]

                        Administrative Provisions

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

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer of 
any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of forest or range fires on or 
threatening lands under the jurisdiction of the Department of the 
Interior; for the emergency rehabilitation of burned-over lands under 
its jurisdiction; for emergency actions related to potential or actual 
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for 
contingency planning subsequent to actual oilspills; response and 
natural resource damage assessment activities related to actual 
oilspills; for the prevention, suppression, and control of actual or 
potential grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, from 
any no year funds available to the Office of Surface Mining Reclamation 
and Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for fire suppression purposes shall be 
available for the payment of obligations incurred during the preceding 
fiscal year, and for reimbursement to other Federal agencies for 
destruction of vehicles, aircraft, or other equipment in connection with 
their use for fire suppression purposes, such reimbursement to be 
credited to appropriations currently available at the time of receipt 
thereof: Provided further,

[[Page 111 STAT. 1561]]

That for emergency rehabilitation and wildfire suppression activities, 
no funds shall be made available under this authority until funds 
appropriated to ``Wildland Fire Management'' shall have been exhausted: 
Provided further, That all funds used pursuant to this section are 
hereby designated by Congress to be ``emergency requirements'' pursuant 
to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, and must be replenished by a supplemental 
appropriation which must be requested as promptly as possible: Provided 
further, That such replenishment funds shall be used to reimburse, on a 
pro rata basis, accounts from which emergency funds were transferred.
    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment, and for 
services rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the Interior 
for salaries and expenses shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
    Sec. 106. Appropriations made in this title shall be available for 
obligation in connection with contracts issued for services or rentals 
for periods not in excess of twelve months beginning at any time during 
the fiscal year.
    Sec. 107. In <<NOTE: 16 USC 460l-6a note.>>  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.

    Sec. 108. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore leasing and 
related activities placed under restriction in the President's 
moratorium statement of June 26, 1990, in the areas of northern, 
central, and southern California; the North Atlantic; Washington and 
Oregon; and the eastern Gulf of Mexico south of 26 degrees north 
latitude and east of 86 degrees west longitude.

[[Page 111 STAT. 1562]]

    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore oil and natural 
gas preleasing, leasing, and related activities, on lands within the 
North Aleutian Basin planning area.
    Sec. 110. No funds provided in this title may be expended by the 
Department of the Interior to conduct offshore oil and natural gas 
preleasing, leasing and related activities in the eastern Gulf of Mexico 
planning area for any lands located outside Sale 181, as identified in 
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program, 
1997-2002.
    Sec. 111. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 112. Advance payments made under this title to Indian tribes, 
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may 
be invested by the Indian tribe, tribal organization, or consortium 
before such funds are expended for the purposes of the grant, compact, 
or annual funding agreement so long as such funds are--
            (1) invested by the Indian tribe, tribal organization, or 
        consortium only in obligations of the United States, or in 
        obligations or securities that are guaranteed or insured by the 
        United States, or mutual (or other) funds registered with the 
        Securities and Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured by an 
        agency or instrumentality of the United States, or are fully 
        collateralized to ensure protection of the Funds, even in the 
        event of a bank failure.

    Sec. 113. (a) Employees <<NOTE: 50 USC 167 note.>>  of Helium 
Operations, Bureau of Land Management, entitled to severance pay under 5 
U.S.C. 5595, may apply for, and the Secretary of the Interior may pay, 
the total amount of the severance pay to the employee in a lump sum. 
Employees paid severance pay in a lump sum and subsequently reemployed 
by the Federal Government shall be subject to the repayment provisions 
of 5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be made 
to the Helium Fund.

    (b) Helium Operations employees who elect to continue health 
benefits after separation shall be liable for not more than the required 
employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund 
shall pay for 18 months the remaining portion of required contributions.
    (c) The Secretary of the Interior may provide for training to assist 
Helium Operations employees in the transition to other Federal or 
private sector jobs during the facility shut-down and disposition 
process and for up to 12 months following separation from Federal 
employment, including retraining and relocation incentives on the same 
terms and conditions as authorized for employees of the Department of 
Defense in section 348 of the National Defense Authorization Act for 
Fiscal Year 1995.
    (d) For purposes of the annual leave restoration provisions of 5 
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and 
other related Helium Program activities shall be deemed

[[Page 111 STAT. 1563]]

to create an exigency of public business under, and annual leave that is 
lost during leave years 1997 through 2001 because of, 5 U.S.C. 6304 
(regardless of whether such leave was scheduled in advance) shall be 
restored to the employee and shall be credited and available in 
accordance with 5 U.S.C. 6304(d)(2). Annual leave so restored and 
remaining unused upon the transfer of a Helium Program employee to a 
position of the executive branch outside of the Helium Program shall be 
liquidated by payment to the employee of a lump sum from the Helium Fund 
for such leave.
    (e) Benefits under this section shall be paid from the Helium Fund 
in accordance with section 4(c)(4) of the Helium Privatization Act of 
1996. Funds may be made available to Helium Program employees who are or 
will be separated before October 1, 2002 because of the cessation of 
helium production and sales and other related activities. Retraining 
benefits, including retraining and relocation incentives, may be paid 
for retraining commencing on or before September 30, 2002.
    Sec. 114. None of the funds in this or previous appropriations Acts 
may be used to establish a new regional office in the United States Fish 
and Wildlife Service without the advance approval of the House and 
Senate Committees on Appropriations.
    Sec. 115. (a) Conveyance <<NOTE: West Virginia.>>  Requirement.--
Within 90 days after the date of enactment of this Act, the Secretary of 
the Interior shall convey to the State of West Virginia without 
reimbursement, all right, title, and interest of the United States in 
and to the property described in subsection (b), for sole use by the 
Wildlife Resources Section of the West Virginia Division of Natural 
Resources, as part of the State of West Virginia fish culture program.

    (b) Property Described.--The property referred to in subsection (a) 
is the property known as the Bowden National Fish Hatchery, located on 
old United States Route 33, Randolph County, West Virginia, consisting 
of 44 acres (more or less), and all improvements and related personal 
property under the control of the 
Secretary that is located on that property, including buildings, 
structures, equipment, and all easements, leases, and water rights 
relating to that property.
    (c) Use and Reversionary Interest.--The property conveyed to the 
State of West Virginia pursuant to this section shall be used and 
operated solely by the Wildlife Resources Section of the West Virginia 
Division of Natural Resources for the purposes of fishery resources 
management and fisheries-related activities, and if it is used for any 
other purposes or by any other party other than the use authorized under 
subsection (a), all right, title, and interest in and to all property 
conveyed under this section shall revert to the United States. The State 
of West Virginia shall ensure that the property reverting to the United 
States is in substantially the same or better condition as at the time 
of transfer.
    Sec. 116. Section 115 of <<NOTE: 43 USC 1471f.>>  Public Law 103-332 
is amended by inserting after the word ``title'' the following: ``or 
provided from other Federal agencies through reimbursable or other 
agreements pursuant to the Economy Act''.

    Sec. 117. The third proviso under the heading ``Compact of Free 
Association'' of Public Law 100-446 <<NOTE: 102 Stat. 1798.>>  is 
amended by striking ``$2,000,000'' and inserting ``$2,500,000'' and by 
adding at the end of the proviso the following: ``and commencing on 
October 1, 1998 and every year thereafter, this dollar amount shall be 
changed

[[Page 111 STAT. 1564]]

to reflect any fluctuation occurring during the previous twelve (12) 
months in the Consumer Price Index, as determined by the Secretary of 
Labor''.

    Sec. 118. Any funds made available in this Act or any other Act for 
tribal priority allocations (hereafter 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.

    Sec. 119. Section 116 of the Omnibus Appropriations Act for Fiscal 
Year 1997 (Public Law 104-208; 110 Stat. 3009-201) is amended--
            (1) by striking ``Miners Hospital Grant'' each place it 
        appears and inserting in lieu thereof ``Miners Hospital 
        Grants'';
            (2) by striking ``(February 20, 1929, 45 Stat. 1252)'' each 
        place it appears and inserting in lieu thereof ``(July 16, 1894, 
        28 Stat. 110 and February 20, 1929, 45 Stat. 1252)''; and
            (3) by striking ``(July 26, 1894, 28 Stat. 110)'' each place 
        it appears and inserting in lieu thereof ``(July 16, 1894, 28 
        Stat. 110)''.

    Sec. 120. Notwithstanding <<NOTE: Claims. Mines and mining.>>  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

[[Page 111 STAT. 1565]]

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 of 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

[[Page 111 STAT. 1566]]

the lands and the removal of equipment, facilities, and personal 
property by claim owners or bankruptcy trustee (as appropriate).

    Sec. 121. Section 1034 of Public Law 104-333 (110 Stat. 4093, 4240) 
is amended by striking ``at any time within 12 months of enactment of 
this Act'' and inserting in lieu thereof ``on or before October 1, 
1998'' 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.''.
    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) Reappraisals.--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) Effective Date.--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.
    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'';
                    (B) in subparagraph (B), by striking ``$1,500,000'' 
                and inserting ``$8,000,000''; and
                    (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).''.

[[Page 111 STAT. 1567]]

    Sec. 124. (a) Priority of Bonds.--Section 3 of Public Law 94-392 (90 
Stat. 1193, <<NOTE: 48 USC 1574c.>>  1195) is amended--
            (1) by striking ``priority for payment'' and inserting ``a 
        parity lien with every other issue of bonds or other obligations 
        issued for payment''; and
            (2) by striking ``in the order of the date of issue''.

    (b) Application.--The <<NOTE: 48 USC 1574c.>>  amendments made by 
subsection (a) shall apply to obligations issued on or after the date of 
enactment of this section.

    (c) Short Term Borrowing.--Section 1 of Public Law 94-392 (90 Stat. 
1193) <<NOTE: 48 USC 1574a>> is amended by adding the following new 
subsection at the end:

    ``(d) The legislature of the Government of the Virgin Islands may 
cause to be issued notes in anticipation of the collection of the taxes 
and revenues for the current fiscal year. Such notes shall mature and be 
paid within one year from the date they are issued. No extension of such 
notes shall be valid and no additional notes shall be issued under this 
section until all notes issued during a preceding year shall have been 
paid.''.
    Sec. 125. <<NOTE: Kansas.>>  (a) In this section--
            (1) the term ``Huron Cemetery'' means the lands that form 
        the cemetery that is popularly known as the Huron Cemetery, 
        located in Kansas City, Kansas, as described in subsection 
        (b)(3); and
            (2) the term ``Secretary'' means the Secretary of the 
        Interior.

    (b)(1) The Secretary shall take such action as may be necessary to 
ensure that the lands comprising the Huron Cemetery (as described in 
paragraph (3)) are used only in accordance with this subsection.
    (2) The lands of the Huron Cemetery shall be used only--
            (A) for religious and cultural uses that are compatible with 
        the use of the lands as a cemetery; and
            (B) as a burial ground.

    (3) The description of the lands of the Huron Cemetery is as 
follows:
            The tract of land in the NW \1/4\ of sec. 10, T. 11 S., R. 
        25 E., of the sixth principal meridian, in Wyandotte County, 
        Kansas (as surveyed and marked on the ground on August 15, 1888, 
        by William Millor, Civil Engineer and Surveyor), described as 
        follows:
                    ``Commencing on the Northwest corner of the 
                Northwest Quarter of the Northwest Quarter of said 
                Section 10;
                    ``Thence South 28 poles to the `true point of 
                beginning';
                    ``Thence South 71 degrees East 10 poles and 18 
                links;
                    ``Thence South 18 degrees and 30 minutes West 28 
                poles;
                    ``Thence West 11 and one-half poles;
                    ``Thence North 19 degrees 15 minutes East 31 poles 
                and 15 feet to the `true point of beginning', containing 
                2 acres or more.''.

    Sec. 126. Arkansas <<NOTE: 16 USC 431 note.>>  Post National 
Memorial.--(a) The boundaries of the Arkansas Post National Memorial are 
revised to include the approximately 360 acres of land generally 
depicted on the map entitled ``Arkansas Post National Memorial, Osotouy 
Unit, Arkansas County, Arkansas'' and dated June 1993. Such

[[Page 111 STAT. 1568]]

map shall be on file and available for public inspection in appropriate 
offices of the National Park Service of the Department of the Interior.

    (b) The Secretary of the Interior is authorized to acquire the lands 
and interests therein described in subsection (a) by donation, purchase 
with donated or appropriated funds, or exchange: Provided, That such 
lands or interests therein may only be acquired with the consent of the 
owner thereof.
    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 Point Carolus to the west to the 
southernmost point of Lester Island, absent required permits.
    Sec. 128. Title I of <<NOTE: Petroleum and petroleum 
products. Alaska. 42 USC 6508.>>  Public Law 96-514 (94 Stat. 2957) is 
amended under the heading ``Exploration of National Petroleum Reserve in 
Alaska'' by striking ``(8) each lease shall be issued'' through the end 
of the first paragraph and inserting in lieu thereof the following: 
``(8) each lease shall be issued for an initial period of ten years, and 
shall be extended for so long thereafter as oil or gas is produced from 
the lease in paying quantities, or as drilling or reworking operations, 
as approved by the Secretary, are conducted thereon; (9) for purposes of 
conservation of the natural resources of any oil or gas pool, field, or 
like area, or any part thereof, lessees thereof and their 
representatives are authorized to unite with each other, or jointly or 
separately with others, in collectively adopting and operating under a 
unit agreement for such pool, field, or like area, or any part thereof 
(whether or not any other part of said oil or gas pool, field, or like 
area is already subject to any cooperative or unit plan of development 
or operation), whenever determined by the Secretary to be necessary or 
advisable in the public interest. Drilling, production, and well 
reworking operations performed in accordance with a unit agreement shall 
be deemed to be performed for the benefit of all leases that are subject 
in whole or in part to such unit agreement. When separate tracts cannot 
be independently developed and operated in conformity with an 
established well spacing or development program, any lease, or a portion 
thereof, may be pooled with other lands, whether or not owned by the 
United States, under a communitization or drilling agreement providing 
for an apportionment of production or royalties among the separate 
tracts of land comprising the drilling or spacing unit when determined 
by the Secretary of the Interior to be in the public interest, and 
operations or production pursuant to such an agreement shall be deemed 
to be operations or production as to each such lease committed thereto; 
(10) to encourage the greatest ultimate recovery of oil or gas or in the 
interest of conservation the Secretary is authorized to waive, suspend, 
or reduce the rental, or minimum royalty, or reduce the royalty on an 
entire leasehold, including on any lease

[[Page 111 STAT. 1569]]

operated pursuant to a unit agreement, whenever in his judgment the 
leases cannot be successfully operated under the terms provided therein. 
The Secretary is authorized to direct or assent to the suspension of 
operations and production on any lease or unit. In the event the 
Secretary, in the interest of conservation, shall direct or assent to 
the suspension of operations and production on any lease or unit, any 
payment of acreage rental or minimum royalty prescribed by such lease or 
unit likewise shall be suspended during the period of suspension of 
operations and production, and the term of such lease shall be extended 
by adding any such suspension period thereto; and (11) all receipts from 
sales, rentals, bonuses, and royalties on leases issued pursuant to this 
section shall be paid into the Treasury of the United States: Provided, 
That 50 percent thereof shall be paid by the Secretary of the Treasury 
semiannually, as soon thereafter as practicable after March 30 and 
September 30 each year, to the State of Alaska for: (A) planning; (B) 
construction, maintenance, and operation of essential public facilities; 
and (C) other necessary provisions of public service: Provided further, 
That in the allocation of such funds, the State shall give priority to 
use by subdivisions of the State most directly or severely impacted by 
development of oil and gas leased under this Act.''.

    Sec. 129. Limitations on Certain Indian Gaming Operations. (a) 
Definitions.--For purposes of this section, the following definitions 
shall apply:
            (1) Class iii gaming.--The term ``class III gaming'' has the 
        meaning provided that term in section 4(8) of the Indian Gaming 
        Regulatory Act (25 U.S.C. 2703(8)).
            (2) Indian tribe.--The term ``Indian tribe'' has the meaning 
        provided that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450(e)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of the Interior.
            (4) Tribal-state compact.--The term ``Tribal-State compact'' 
        means a Tribal-State compact referred to in section 11(d) of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2710(d)).

    (b) Class III Gaming Compacts.--
            (1) In general.--
                    (A) Prohibition.--During fiscal year 1998, the 
                Secretary may not expend any funds made available under 
                this Act to review or approve any initial Tribal-State 
                compact for class III gaming entered into on or after 
                the date of enactment of this Act. This provision shall 
                not apply to any Tribal-State compact which has been 
                approved by a State in accordance with State law and the 
                Indian Gaming Regulatory Act.
                    (B) Rule of construction.--Nothing in this paragraph 
                may be construed to prohibit the review or approval by 
                the Secretary of a renewal or revision of, or amendment 
                to a Tribal-State compact that is not covered under 
                subparagraph (A).
            (2) Tribal-state compacts.--During fiscal year 1998, 
        notwithstanding any other provision of law, no Tribal-State 
        compact for class III gaming shall be considered to have been 
        approved by the Secretary by reason of the failure of the 
        Secretary to approve or disapprove that compact. This provision 
        shall not apply to any Tribal-State compact which has been

[[Page 111 STAT. 1570]]

        approved by a State in accordance with State law and the Indian 
        Gaming Regulatory Act.

    Sec. 130. Sense of the Senate Concerning Indian 
Gaming.--It is the sense of the Senate that the United States Department 
of Justice should vigorously enforce the provisions of the Indian Gaming 
Regulatory Act requiring an approved Tribal-State gaming compact prior 
to the initiation of class III gaming on Indian lands.
    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.
    Sec. 132. Notwithstanding <<NOTE: 16 USC 715s note.>>  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.

    Sec. 133. Conveyance of Land to Lander County, Nevada. (a) 
Conveyance.--Not later than the date that is 120 days after the date of 
enactment of this Act, the Secretary of the Interior, acting through the 
Director of the Bureau of Land Management, shall convey to Lander 
County, Nevada, without consideration, all right, title, and interest of 
the United States, subject to all valid existing rights and to the 
rights-of-way described in subsection (b), in the property described as 
T. 32 N., R. 45 E., sec. 18, lots 3, 4, 11, 12, 16, 17, 18, 19, 20 and 
21, Mount Diablo Meridian.
    (b) Rights-of-way.--The property conveyed under subsection (a) shall 
be subject to--
            (1) the right-of-way for Interstate 80;
            (2) the 33-foot wide right-of-way for access to the Indian 
        cemetery included under Public Law 90-71 (81 Stat. 173); and
            (3) the following rights-of-way granted by the Secretary of 
        the Interior:
                    NEV-010937 (powerline).
                    NEV-066891 (powerline).
                    NEV-35345 (powerline).
                    N-7636 (powerline).
                    N-56088 (powerline).
                    N-57541 (fiber optic cable).
                    N-55974 (powerline).

    (c) Requirement.--The property described in this section shall be 
used for public purposes and should the property be sold or used for 
other than public purposes, the property shall revert to the United 
States.
    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;

[[Page 111 STAT. 1571]]

            (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

[[Page 111 STAT. 1572]]

                affected by reliance on erroneous surveys as described 
                in subsection (a).

    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 CFR 2201.3-1, 2201.3-3, and 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.
    Sec. 136. The <<NOTE: University of Alaska Fairbanks.>>  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

[[Page 111 STAT. 1573]]

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.

                       TITLE II--RELATED AGENCIES

                        Department of Agriculture

                             forest service

                      forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $187,944,000, to remain available until expended.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, cooperative forestry, and 
education and land conservation activities, $161,237,000, to remain 
available until expended, as authorized by law: Provided, That of funds 
available under this heading for Pacific Northwest Assistance in this or 
prior appropriations Acts, $800,000 shall be provided to the World 
Forestry Center for purposes of continuing scientific research and other 
authorized efforts regarding the land exchange efforts in the Umpqua 
River Basin region: Provided further, That activities conducted pursuant 
to funds provided herein for the Alaska Spruce Bark Beetle task force 
shall be exempt from the requirements of the Federal Advisory Committee 
Act.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, for forest planning, inventory, and monitoring, 
and for administrative expenses associated with the management of funds 
provided under the headings ``Forest and Rangeland Research'', ``State 
and Private Forestry'', ``National Forest System'', ``Wildland Fire 
Management'', ``Reconstruction and

[[Page 111 STAT. 1574]]

Construction'', and ``Land Acquisition'', $1,348,377,000, to remain 
available until expended, which shall include 50 percent of all moneys 
received during prior fiscal years as fees collected under the Land and 
Water Conservation Fund Act of 1965, as amended, in accordance with 
section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That up to 
$10,000,000 of the funds provided herein for road maintenance shall be 
available for the planned obliteration of roads which are no longer 
needed: Provided further, That funds may be used to construct or 
reconstruct facilities of the Forest Service: Provided further, That no 
more than $250,000 shall be used on any single project, exclusive of 
planning and design costs: Provided further, That 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: Provided further, That <<NOTE: Reports.>>  the Forest Service 
shall report annually to Congress the amount obligated for each project, 
and the total dollars obligated during the year.

                        wildland fire management

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
and for emergency rehabilitation of burned-over National Forest System 
lands, $584,707,000 to remain available until expended: Provided, That 
such funds are available for repayment of advances from other 
appropriations accounts previously transferred for such purposes.

                     reconstruction and construction

    For necessary expenses of the Forest Service, not otherwise provided 
for, $166,045,000 to remain available until expended for construction, 
reconstruction and acquisition of buildings and other facilities, and 
for construction, reconstruction and repair of forest roads and trails 
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 
101 and 205.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $52,976,000, to be derived 
from the Land and Water Conservation Fund, to remain available until 
expended.

         acquisition of lands for national forests special acts

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

[[Page 111 STAT. 1575]]

             acquisition of lands to complete land exchanges

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

                          range betterment fund

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

     gifts, donations and bequests for forest and rangeland research

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

           midewin national tallgrass prairie restoration fund

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

                administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 159 passenger 
motor vehicles of which 22 will be used primarily for law enforcement 
purposes and of which 156 shall be for replacement; acquisition of 25 
passenger motor vehicles from excess sources, and hire of such vehicles; 
operation and maintenance of aircraft, the purchase of not to exceed two 
for replacement only, and acquisition of 20 aircraft from excess sources 
notwithstanding other provisions of law, existing aircraft being 
replaced may be sold, with proceeds derived or trade-in value used to 
offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings 
and other public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein, pursuant to 7 U.S.C. 428a; (5) for 
expenses pursuant to the Volunteers in the National Forest Act of 1972 
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts 
in accordance with 31 U.S.C. 3718(c).
    None of the funds made available under this Act shall be obligated 
or expended to change the boundaries of any region,

[[Page 111 STAT. 1576]]

to abolish any region, to move or close any regional office for 
research, State and private forestry, or National Forest System 
administration of the Forest Service, Department of Agriculture without 
the consent of the House and Senate Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
advanced to the Wildland Fire Management appropriation and may be used 
for forest firefighting and the emergency rehabilitation of burned-over 
or damaged lands or waters under its jurisdiction.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and rangeland 
research, technical information, and assistance in foreign countries, 
and shall be available to support forestry and related natural resource 
activities outside the United States and its territories and 
possessions, including technical assistance, education and training, and 
cooperation with United States and international organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b unless the proposed transfer is approved in advance by the 
House and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in the report accompanying this bill.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the procedures contained 
in the report accompanying this bill.
    No funds appropriated to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture without the 
approval of the Chief of the Forest Service.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service may be used to disseminate program 
information to private and public individuals and organizations through 
the use of nonmonetary items of nominal value and to provide nonmonetary 
awards of nominal value and to incur necessary expenses for the 
nonmonetary recognition of private individuals and organizations that 
make contributions to Forest Service programs.
    Notwithstanding any other provision of law, money collected, in 
advance or otherwise, by the Forest Service under authority of section 
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of 
administrative and other costs incurred in processing pipeline right-of-
way or permit applications and for costs incurred in monitoring the 
construction, operation, maintenance, and termination of any pipeline 
and related facilities, may be used to reimburse the applicable 
appropriation to which such costs were originally charged.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the Youth 
Conservation Corps as authorized by the Act of August 13, 1970, as 
amended by Public Law 93-408.
    None of the funds available in this Act shall be used for timber 
sale preparation using clearcutting in hardwood stands in

[[Page 111 STAT. 1577]]

excess of 25 percent of the fiscal year 1989 harvested volume in the 
Wayne National Forest, Ohio: Provided, That this limitation shall not 
apply to hardwood stands damaged by natural disaster: Provided further, 
That landscape architects shall be used to maintain a visually pleasing 
forest.
    Any money collected from the States for fire suppression assistance 
rendered by the Forest Service on non-Federal lands not in the vicinity 
of National Forest System lands shall be used to reimburse the 
applicable appropriation and shall remain available until expended as 
the Secretary may direct in conducting activities authorized by 16 
U.S.C. 2101 note, 2101-2110, 1606, and 2111.
    Of the funds available to the Forest Service, $1,500 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Notwithstanding any other provision of law, the Forest Service is 
authorized to employ or otherwise contract with persons at regular rates 
of pay, as determined by the Service, to perform work occasioned by 
emergencies such as fires, storms, floods, earthquakes or any other 
unavoidable cause without regard to Sundays, Federal holidays, and the 
regular workweek.
    To the greatest extent possible, and in accordance with the Final 
Amendment to the Shawnee National Forest Plan, none of the funds 
available in this Act shall be used for preparation of timber sales 
using clearcutting or other forms of even-aged management in hardwood 
stands in the Shawnee National Forest, Illinois.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, up to $2,250,000 may be advanced 
in a lump sum as Federal financial assistance to the National Forest 
Foundation, without regard to when the Foundation incurs expenses, for 
administrative expenses or projects on or benefitting National Forest 
System lands or related to Forest Service programs: Provided, That of 
the Federal funds made available to the Foundation, no more than 
$750,000 shall be available for administrative expenses: Provided 
further, That the Foundation shall obtain, by the end of the period of 
Federal financial assistance, private contributions to match on at least 
one-for-one basis funds made available by the Forest Service: Provided 
further, That the Foundation may transfer Federal funds to a recipient 
of Federal financial assistance for a project at the same rate that the 
recipient has obtained the non-Federal matching funds: Provided further, 
That <<NOTE: 16 USC 583j-9.>>  hereafter, the National Forest Foundation 
may hold Federal funds made available but not immediately disbursed and 
may use any interest or other investment income earned (before, on, or 
after the date of enactment of this Act) on Federal funds to carry out 
the purposes of Public Law 101-593: Provided further, That such 
investments may be made only in interest-bearing obligations of the 
United States or in obligations guaranteed as to both principal and 
interest by the United States.

    Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,000,000 
of the funds available to the Forest Service shall be available for 
matching funds, as authorized by 16 U.S.C. 3701-3709, and may be 
advanced in a lump sum as Federal financial assistance, without regard 
to when expenses are incurred, for projects on or benefitting National 
Forest System lands or related to Forest Service programs: Provided, 
That the Foundation shall obtain, by the end of the period of Federal 
financial assistance, private contributions to match on at least one-
for-one basis funds

[[Page 111 STAT. 1578]]

advanced by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to a recipient of Federal financial 
assistance for a project at the same rate that the recipient has 
obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Notwithstanding any other provision of law, 80 percent of the funds 
appropriated to the Forest Service in the ``National Forest System'' and 
``Reconstruction and Construction'' accounts and planned to be allocated 
to activities under the ``Jobs in the Woods'' program for projects on 
National Forest land in the State of Washington may be granted directly 
to the Washington State Department of Fish and Wildlife for 
accomplishment of planned projects. Twenty percent of said funds shall 
be retained by the Forest Service for planning and administering 
projects. Project selection and prioritization shall be accomplished by 
the Forest Service with such consultation with the State of Washington 
as the Forest Service deems appropriate.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    Any funds available to the Forest Service may be used for 
retrofitting the Commanding Officer's Building (S-2), to accommodate the 
relocation of the Forest Supervisor's Office for the San Bernardino 
National Forest: Provided, That funds for the move must come from funds 
otherwise available to Region 5: Provided further, That any funds to be 
provided for such purposes shall only be available upon approval of the 
House and Senate Committees on Appropriations.
    The Secretary of Agriculture is authorized to enter into grants, 
contracts, and cooperative agreements as appropriate with the Pinchot 
Institute for Conservation, as well as with public and other private 
agencies, organizations, institutions, and individuals, to provide for 
the development, administration, maintenance, or restoration of land, 
facilities, or Forest Service programs, at the Grey Towers National 
Historic Landmark: Provided, That, subject to such terms and conditions 
as the Secretary of Agriculture may prescribe, any such public or 
private agency, organization, institution, or individual may solicit, 
accept, and administer private gifts of money and real or personal 
property for the benefit of, or in connection with, the activities and 
services at the Grey Towers National Historic Landmark: Provided 
further, That such gifts may be accepted notwithstanding the fact that a 
donor conducts business with the Department of Agriculture in any 
capacity.
    Funds appropriated to the Forest Service shall be available, as 
determined by the Secretary, for payments to Del Norte County, 
California, pursuant to sections 13(e) and 14 of the Smith River 
National Recreation Area Act (Public Law 101-612).
    For purposes of the Southeast Alaska Economic Disaster Fund as set 
forth in section 101(c) of Public Law 104-134, the direct grants 
provided in subsection (c) shall be considered direct payments for 
purposes of all applicable law except that these direct grants may not 
be used for lobbying activities.
    No employee of the Department of Agriculture may be detailed or 
assigned from an agency or office funded by this Act to any

[[Page 111 STAT. 1579]]

other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    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.

                          DEPARTMENT OF ENERGY

                          clean coal technology

                              (rescission)

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

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal of 
mineral substances without objectionable social and environmental costs 
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and 
materials science programs at the Albany Research Center in Oregon, 
$362,403,000, to remain available until expended: Provided, That no part 
of the sum herein made available shall be used for the field testing of 
nuclear explosives in the recovery of oil and gas.

                      alternative fuels production

                      (including transfer of funds)

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

[[Page 111 STAT. 1580]]

                 naval petroleum and oil shale reserves

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

                           energy conservation

    For necessary expenses in carrying out energy conservation 
activities, $611,723,000, to remain available until expended, including, 
notwithstanding any other provision of law, the excess amount for fiscal 
year 1998 determined under the provisions of section 3003(d) of Public 
Law 99-509 (15 U.S.C. 4502): Provided, That $155,095,000 shall be for 
use in energy conservation programs as defined in section 3008(3) of 
Public Law 99-509 (15 U.S.C. 4507) and shall not be available until 
excess amounts are determined under the provisions of section 3003(d) of 
Public Law 99-509 (15 U.S.C. 4502): Provided further, That 
notwithstanding section 3003(d)(2) of Public Law 99-509 such sums shall 
be allocated to the eligible programs as follows: $124,845,000 for 
weatherization assistance grants and $30,250,000 for State energy 
conservation grants.

                           economic regulation

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

                       strategic petroleum reserve

                      (including transfer of funds)

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant to 
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 
6201 et seq.), $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 of 1975, 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.

[[Page 111 STAT. 1581]]

                          spr petroleum account

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

                    energy information administration

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

             administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms; and 
reimbursement to the General Services Administration for security guard 
services.
    From appropriations under this Act, transfers of sums may be made to 
other agencies of the Government for the performance of work for which 
the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized price support 
or loan guarantee programs unless specific provision is made for such 
programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, private or 
foreign: Provided, That revenues and other moneys received by or for the 
account of the Department of Energy or otherwise generated by sale of 
products in connection with projects of the Department appropriated 
under this Act may be retained by the Secretary of Energy, to be 
available until expended, and used only for plant construction, 
operation, costs, and payments to cost-sharing entities as provided in 
appropriate cost-sharing contracts or agreements: Provided further, That 
the remainder of revenues after the making of such payments shall be 
covered into the Treasury as <<NOTE: Reports.>>  miscellaneous receipts: 
Provided further, That any contract, agreement, or provision thereof 
entered into by the Secretary pursuant to this authority shall not be 
executed prior to the expiration of 30 calendar days (not including any 
day in which either House of Congress is not in session because of 
adjournment of more than three calendar days to a day certain) from the 
receipt by the Speaker of the House of Representatives and the President 
of the Senate of a full comprehensive report on such project, including 
the facts and circumstances relied upon in support of the proposed 
project.

    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and private

[[Page 111 STAT. 1582]]

sources, to be deposited in a contributed funds account, and prosecute 
projects using such fees and contributions in cooperation with other 
Federal, State or private agencies or concerns.
    The Secretary is authorized to accept funds from other Federal 
agencies in return for assisting agencies in achieving energy efficiency 
in Federal facilities and operations by the use of privately financed, 
energy saving performance contracts and other private financing 
mechanisms. The funds may be provided after agencies begin to realize 
energy cost savings; may be retained by the Secretary until expended; 
and may be used only for the purpose of assisting Federal agencies in 
achieving greater efficiency, water conservation, and use of renewable 
energy by means of privately financed mechanisms, including energy 
savings performance contracts. Any such privately financed contracts 
shall meet the provisions of the Energy Policy Act of 1992, Public Law 
102-486 (42 U.S.C. 8287).

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $1,841,074,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
for services furnished by the Indian Health Service: Provided, That 
funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of 
the grant or contract award and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation: Provided 
further, That $12,000,000 shall remain available until expended, for the 
Indian Catastrophic Health Emergency Fund: Provided further, That 
$361,375,000 for contract medical care shall remain available for 
obligation until September 30, 1999: Provided further, That of the funds 
provided, not less than $11,889,000 shall be used to carry out the loan 
repayment program under section 108 of the Indian Health Care 
Improvement Act: Provided further, That funds provided in this Act may 
be used for one-year contracts and grants which are to be performed in 
two fiscal years, so long as the total obligation is recorded in the 
year for which the funds are appropriated: Provided further, That the 
amounts collected by the Secretary of Health and Human Services under 
the authority of title IV of the Indian Health Care Improvement Act 
shall remain available until expended for the purpose of achieving 
compliance with the applicable conditions and requirements of titles 
XVIII and XIX of the Social Security Act (exclusive of planning, design, 
or construction of new facilities): Provided further, That of the funds 
provided, $7,500,000 shall remain available until expended, for the 
Indian Self-Determination Fund, which shall be available for the 
transitional costs of initial or expanded tribal contracts, compacts, 
grants or cooperative agreements with the Indian Health Service under 
the provisions of the Indian Self-Determination Act:

[[Page 111 STAT. 1583]]

Provided further, That funding contained herein, and in any earlier 
appropriations Acts for scholarship programs under the Indian Health 
Care Improvement Act (25 U.S.C. 1613) shall remain available for 
obligation until September 30, 1999: Provided further, That amounts 
received by tribes and tribal organizations under title IV of the Indian 
Health Care Improvement Act shall be reported and accounted for and 
available to the receiving tribes and tribal organizations until 
expended: 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.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment of 
health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, 
and the Indian Health Care Improvement Act, and for expenses necessary 
to carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities support 
activities of the Indian Health Service, $257,538,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of an 
Indian tribe or tribes may be used to purchase land for sites to 
construct, improve, or enlarge health or related facilities.

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefore as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings which are concerned with the functions or activities for which 
the appropriation is made or which will contribute to improved conduct, 
supervision, or management of those functions or activities: Provided, 
That in accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the 
account of the facility providing the service

[[Page 111 STAT. 1584]]

and shall be available without fiscal year limitation: Provided further, 
That notwithstanding any other law or regulation, funds transferred from 
the Department of Housing and Urban Development to the Indian Health 
Service shall be administered under Public Law 86-121 (the Indian 
Sanitation Facilities Act) and Public Law 93-638, as amended: Provided 
further, That funds appropriated to the Indian Health Service in this 
Act, except those used for administrative and program direction 
purposes, shall not be subject to limitations directed at curtailing 
Federal travel and transportation: Provided further, That 
notwithstanding any other provision of law, funds previously or herein 
made available to a tribe or tribal organization through a contract, 
grant, or agreement authorized by title I or title III of the Indian 
Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), 
may be deobligated and reobligated to a self-determination contract 
under title I, or a self-governance agreement under title III of such 
Act and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation: Provided further, That none 
of the funds made available to the Indian Health Service in this Act 
shall be used to implement the final rule published in the Federal 
Register on September 16, 1987, by the Department of Health and Human 
Services, relating to the eligibility for the health care services of 
the Indian Health Service until the Indian Health Service has submitted 
a budget request reflecting the increased costs associated with the 
proposed final rule, and such request has been included in an 
appropriations Act and enacted into law: Provided further, That funds 
made available in this Act are to be apportioned to the Indian Health 
Service as appropriated in this Act, and accounted for in the 
appropriation structure set forth in this Act: Provided further, That 
with respect to functions transferred by the Indian Health Service to 
tribes or tribal organizations, the Indian Health Service is authorized 
to provide goods and services to those entities, on a reimbursable 
basis, including payment in advance with subsequent adjustment, and the 
reimbursements received therefrom, along with the funds received from 
those entities pursuant to the Indian Self-Determination Act, may be 
credited to the same or subsequent appropriation account which provided 
the funding, said amounts to remain available until expended: Provided 
further, That reimbursements for training, technical assistance, or 
services provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance: Provided further, 
That the appropriation structure for the Indian Health Service may not 
be altered without advance approval of the House and Senate Committees 
on Appropriations.

                         OTHER RELATED AGENCIES

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $15,000,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible individuals 
and groups including evictees from District 6,

[[Page 111 STAT. 1585]]

Hopi-partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds contained 
in this or any other Act may be used by the Office of Navajo and Hopi 
Indian Relocation to evict any single Navajo or Navajo family who, as of 
November 30, 1985, was physically domiciled on the lands partitioned to 
the Hopi Tribe unless a new or replacement home is provided for such 
household: Provided further, That no relocatee will be provided with 
more than one new or replacement home: Provided further, That the Office 
shall relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected a 
replacement residence off the Navajo reservation or on the land acquired 
pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $4,250,000.

                         Smithsonian Institution

                          salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science, and history; 
development, preservation, and documentation of the National 
Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental, 
repair, and cleaning of uniforms for employees; $333,408,000, of which 
not to exceed $32,718,000 for the instrumentation program, collections 
acquisition, Museum Support Center equipment and move, exhibition 
reinstallation, the National Museum of the American Indian, the 
repatriation of skeletal remains program, research equipment, 
information management, and Latino programming shall remain available 
until expended, and including such funds as may be necessary to support 
American overseas research centers and a total of $125,000 for the 
Council of American Overseas Research Centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations.

         construction and improvements, national zoological park

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

[[Page 111 STAT. 1586]]

                   repair and restoration of buildings

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

                              construction

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

                         National Gallery of Art

                          salaries and expenses

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

             repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $6,192,000, to 
remain available until expended: Provided, That contracts awarded for 
environmental systems, protection systems,

[[Page 111 STAT. 1587]]

and exterior repair or renovation of buildings of the National Gallery 
of Art may be negotiated with selected contractors and awarded on the 
basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                              construction

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

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

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

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

                        grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $81,240,000 shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts through assistance to organizations 
and individuals pursuant to section 5(c) of the Act, and for 
administering the functions of the Act, to remain available until 
expended.

                             matching grants

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

[[Page 111 STAT. 1588]]

                  National Endowment for the Humanities

                        grants and administration

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

                             matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$13,900,000, to remain available until expended, of which $8,000,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.

                Institute of Museum and Library Services

                        office of museum services

                        grants and administration

    For carrying out subtitle C of the Museum and Library Services Act 
of 1996, $23,280,000, to remain available until expended.

                        administrative provisions

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

                         Commission of Fine Arts

                          salaries and expenses

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

               national capital arts and cultural affairs

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

[[Page 111 STAT. 1589]]

                Advisory Council on Historic Preservation

                          salaries and expenses

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

                  National Capital Planning Commission

                          salaries and expenses

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

                United States Holocaust Memorial Council

                       holocaust memorial council

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

                      TITLE III--GENERAL PROVISIONS

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

    Sec. 302. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of 
Agriculture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shawnee 
National Forest, Illinois: Provided, That nothing herein is intended to 
inhibit or otherwise affect the sale, lease, or right to access to 
minerals owned by private individuals.
    Sec. 303. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which congressional action is not 
complete.
    Sec. 304. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

[[Page 111 STAT. 1590]]

    Sec. 305. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of such 
department or agency except as otherwise provided by law.
    Sec. 306. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless advance 
notice of such assessments and the basis therefor are presented to the 
Committees on Appropriations and are approved by such committees.
    Sec. 307. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; 
popularly known as the ``Buy American Act'').
     (b) Sense of Congress; Requirement Regarding Notice.--
             (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds made 
        available in this Act, it is the sense of the Congress that 
        entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products.
             (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act, the 
        head of each Federal agency shall provide to each recipient of 
        the assistance a notice describing the statement made in 
        paragraph (1) by the Congress.

     (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 308. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant sequoia 
(Sequoiadendron giganteum) which are located on National Forest System 
or Bureau of Land Management lands in a manner different than such sales 
were conducted in fiscal year 1995.
    Sec. 309. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal of 
the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 310. Beginning <<NOTE: 25 USC 450e-2.>>  in fiscal year 1998 
and thereafter, where the actual costs of construction projects under 
self-determination contracts, compacts, or grants, pursuant to Public 
Laws 93-638, 103-413, or 100-297, are less than the estimated costs 
thereof, use of the resulting excess funds shall be determined by the 
appropriate Secretary after consultation with the tribes.

    Sec. 311. Notwithstanding <<NOTE: 25 USC 450l note.>>  Public Law 
103-413, quarterly payments of funds to tribes and tribal organizations 
under annual

[[Page 111 STAT. 1591]]

funding agreements pursuant to section 108 of Public Law 93-638, as 
amended, beginning in fiscal year 1998 and therafter, may be made on the 
first business day following the first day of a fiscal quarter.

    Sec. 312. None of the funds appropriated or otherwise made available 
by this Act may be used for the AmeriCorps program, unless the relevant 
agencies of the Department of the Interior and/or Agriculture follow 
appropriate reprogramming guidelines: Provided, That if no funds are 
provided for the AmeriCorps program by the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1998, then none of the funds appropriated or 
otherwise made available by this Act may be used for the AmeriCorps 
programs.
    Sec. 313. None of the funds made available in this Act may be used: 
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis 
Island; or (2) to prevent pedestrian use of such bridge, when it is made 
known to the Federal official having authority to obligate or expend 
such funds that such pedestrian use is consistent with generally 
accepted safety standards.
    Sec. 314. (a) Limitation of Funds.--None of the funds appropriated 
or otherwise made available pursuant to this Act shall be obligated or 
expended to accept or process applications for a patent for any mining 
or mill site claim located under the general mining laws.
     (b) Exceptions.--The provisions of subsection (a) shall not apply 
if the Secretary of the Interior determines that, for the claim 
concerned: (1) a patent application was filed with the Secretary on or 
before September 30, 1994; and (2) all requirements established under 
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for 
vein or lode claims and sections 2329, 2330, 2331, and 2333 of the 
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site 
claims, as the case may be, were fully complied with by the applicant by 
that date.
    (c) Report.--On September 30, 1998, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report on 
actions taken by the Department under the plan submitted pursuant to 
section 314(c) of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
     (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims or 
mill sites contained in a patent application as set forth in subsection 
(b). The Bureau of Land Management shall have the sole responsibility to 
choose and pay the third-party contractor in accordance with the 
standard procedures employed by the Bureau of Land Management in the 
retention of third-party contractors.
    Sec. 315. None of the funds appropriated or otherwise made available 
by this Act may be used for the purposes of acquiring lands in the 
counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for the Wayne 
National Forest.

[[Page 111 STAT. 1592]]

    Sec. 316. Subsistence <<NOTE: 16 USC 3102 note.>>  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, an 
        Alaska 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 Alaska Native and non-Alaska 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

[[Page 111 STAT. 1593]]

        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 Alaska Native and non-Alaska 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

[[Page 111 STAT. 1594]]

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 section 805(a), (b), or (c).''.
            (9) Limitations, savings clauses.--Section 815 (16 U.S.C. 
        3125) is amended--

[[Page 111 STAT. 1595]]

                    (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 Alaska Native organizations or other local 
or regional entities when such organization or entity is managing fish 
and wildlife on public lands in Alaska for subsistence uses.''.
    (c) Savings <<NOTE: 16 USC 3102 note.>>  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 an Alaska Native organization 
        (including a federally recognized tribe, traditional Alaska 
        Native council, or Alaska 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 <<NOTE: 16 USC 3102 note.>>  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 <<NOTE: Certification. Alaska.>>  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.

    Sec. 317. Section 909(b)(2) of division II, title IX of Public Law 
104-333 <<NOTE: 16 USC 461 note.>> is amended by striking the following: 
``For technical assistance pursuant to section 908, not more than 
$50,000 annually.''.

    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.
    Sec. 319. Notwithstanding any other provision of law, for fiscal 
year 1998 the Secretaries of Agriculture and the Interior are authorized 
to limit competition for watershed restoration project contracts as part 
of the ``Jobs in the Woods'' component of the President's Forest Plan 
for the Pacific Northwest to individuals and entities in historically 
timber-dependent areas in the States of Washington,

[[Page 111 STAT. 1596]]

Oregon, and northern California that have been affected by reduced 
timber harvesting on Federal lands.
    Sec. 320. (a) Section 101(c) of Public Law 104-134 is amended as 
follows: Under the heading ``TITLE III--GENERAL PROVISIONS'' amend 
section 315(c)(1) <<NOTE: 16 USC 460l-6a note.>> by striking 
subparagraphs (A) and (B) and inserting:
            ``(A) Eighty percent to a special account in the Treasury 
        for use without further appropriation, by the agency which 
        administers the site, to remain available for expenditure in 
        accordance with paragraph (2)(A).
            ``(B) Twenty percent to a special account in the Treasury 
        for use without further appropriation, by the agency which 
        administers the site, to remain available for expenditure in 
        accordance with paragraph (2)(B).''.

    (b) Subparagraph (C) of section 315(c)(1) is amended by inserting 
``and the National Park Service'' after ``the Fish and Wildlife 
Service''.
    Sec. 321. None of the funds collected under the Recreational Fee 
Demonstration program may be used to plan, design, or construct a 
visitor center or any other permanent structure without prior approval 
of the House and the Senate Committees on Appropriations if the 
estimated total cost of the facility exceeds $500,000.
    Sec. 322. Section 303(d)(1) of Public Law 96-451 (16 U.S.C. 
1606a(d)(1)) is amended by inserting before the semicolon the following: 
``and other forest stand improvement activities to enhance forest health 
and reduce hazardous fuel loads of forest stands in the National Forest 
System''.
    Sec. 323. (a) Prior <<NOTE: Reports.>>  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

[[Page 111 STAT. 1597]]

        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. <<NOTE: Publication.>>  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.
    Sec. 324. Notwithstanding <<NOTE: 16 USC 461 note.>>  section 904(b) 
of Public Law 104-333, hereafter, the Heritage Area established under 
section 904 of title IX of division II of Public Law 104-333 shall 
include any portion of a city, town, or village within an area specified 
in section 904(b)(2) of that Act only to the extent that the government 
of the city, town, or village, in a resolution of the governing board or 
council, agrees to be included and submits the resolution to the 
Secretary of the Interior and the management entities for the Heritage 
Area and to the extent such resolution is not subsequently revoked in 
the same manner.

    Sec. 325. (a) Notwithstanding any other provision of law, and except 
as provided in this section, the Aleutian/Pribilof Islands Association, 
Inc., Bristol Bay Area Health Corporation, Chugachmiut, Copper River 
Native Association, Kodiak Area Native Area Association, Maniilaq 
Association, Metlakatla Indian Community, Arctic Slope Native 
Association, Ltd., Norton Sound Health Corporation, Southcentral 
Foundation, Southeast Alaska Regional Health Consortium, Tanana Chiefs 
Conference, Inc., and Yukon-Kuskokwim Health Corporation (hereinafter 
``regional health entities''), without further resolutions from the 
Regional Corporations, Village Corporations, Indian Reorganization Act 
Councils, tribes and/or villages which they represent are authorized to 
form a consortium (hereinafter ``the Consortium'') to enter into 
contracts, compacts, or funding agreements under Public Law 93-638 (25 
U.S.C. 450 et seq.), as amended, to provide all statewide health 
services provided by the Indian Health Service of the Department of 
Health and Human Services through the Alaska Native Medical Center and 
the Alaska Area Office. Each specified ``regional health entity'' shall 
maintain that status for purposes of participating

[[Page 111 STAT. 1598]]

in the Consortium only so long as it operates a regional health program 
for the Indian Health Service under Public Law 93-638 (25 U.S.C. 450 et 
seq.), as amended.
    (b) The Consortium shall be governed by a 15-member Board of 
Directors, which shall be composed of one representative of each 
regional health entity listed in subsection (a) above, and two 
additional persons who shall represent Indian tribes, as defined in 25 
U.S.C. 450b(e), and sub-regional tribal organizations which operate 
health programs not affiliated with the regional health entities listed 
above and Indian tribes not receiving health services from any tribal, 
regional or sub-regional health provider. Each member of the Board of 
Directors shall be entitled to cast one vote. Decisions of the Board of 
Directors shall be made by consensus whenever possible, and by majority 
vote in the event that no consensus can be reached. The Board of 
Directors shall establish at its first meeting its rules of procedure, 
which shall be published and made available to all members.
    (c) The statewide health services (including any programs, 
functions, services and activities provided as part of such services) of 
the Alaska Native Medical Center and the Alaska Area Office may only be 
provided by the Consortium. Statewide health services for purposes of 
this section shall consist of all programs, functions, services, and 
activities provided by or through the Alaska Native Medical Center and 
the Alaska Area Office, not under contract or other funding agreement 
with any other tribe or tribal organization as of October 1, 1997, 
except as provided in subsection (d) below. All statewide health 
services provided by the Consortium under this section shall be provided 
pursuant to contracts or funding agreements entered into by the 
Consortium under Public Law 93-638 (25 U.S.C. 450 et seq.), as amended, 
and for such purpose the Consortium shall be deemed to have mature 
contract status as defined in section 4(h) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(h)).
    (d) Cook Inlet Region, Inc., through Southcentral Foundation (or any 
successor health care entity designated by Cook Inlet Region, Inc.) 
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.), as amended, is 
hereby authorized to enter into contracts or funding agreements under 
such Public Law for all services provided at or through the Alaska 
Native Primary Care Center or other satellite clinics in Anchorage or 
the Matanuska-Susitna Valley without submission of any further 
authorizing resolutions from any other Alaska Native Region, village 
corporation, Indian Reorganization Act council, or tribe, no matter 
where located. Services provided under this paragraph shall, at a 
minimum, maintain the level of statewide and Anchorage Service Unit 
services provided at the Alaska Native Primary Care Center as of October 
1, 1997, including necessary related services performed at the Alaska 
Native Medical Center. In addition, Cook Inlet Region, Inc., through 
Southcentral Foundation, or any lawfully designated health care entity 
of Cook Inlet Region, Inc., shall contract or enter into a funding 
agreement under Public Law 93-638 (25 U.S.C. 450 et seq.), as amended, 
for all primary care services provided by the Alaska Native Medical 
Center, including, but not limited to, family medicine, primary care 
internal medicine, pediatrics, obstetrics and gynecology, physical 
therapy, psychiatry, emergency services, public health nursing, health 
education, optometry, dentistry, audiology, social services, pharmacy, 
radiology, laboratory and biomedical, and

[[Page 111 STAT. 1599]]

the administrative support for these programs, functions, services and 
activities. Cook Inlet Region, Inc., through Southcentral Foundation, or 
any lawfully designated health care entity of Cook Inlet Region, Inc., 
may provide additional health care services at the Alaska Native Medical 
Center if such use and services are provided pursuant to an agreement 
with the Consortium. All services covered by this subsection shall be 
provided on a nondiscriminatory basis without regard to residency within 
the Municipality of Anchorage.
    Sec. 326. (a) Notwithstanding any other provision of law, after 
September 30, 1997 the Indian Health Service may not disburse funds for 
the provision of health care services pursuant to Public Law 93-638 (25 
U.S.C. 450 et seq.), with any Alaska Native village or Alaska Native 
village corporation that is located within the area served by an Alaska 
Native regional health entity.
    (b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native village 
corporation under any contract or compact entered into prior to 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 inserting ``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).

    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.
    Sec. 327A. (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

[[Page 111 STAT. 1600]]

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 United States 
participation in the Man and Biosphere program.
    Sec. 328. <<NOTE: 16 USC 459j-4 note.>>  None of the funds made 
available in this or any other Act for any fiscal year may be used to 
designate, or to post any sign designating, any portion of Canaveral 
National Seashore in Brevard County, Florida, as a clothing-optional 
area or as an area in which public nudity is permitted, if such 
designation would be contrary to county ordinance.

    Sec. 329. <<NOTE: Grants.>>  Of the funds provided to the National 
Endowment for the Arts:
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or American 
        Jazz Masters Fellowship.
            (2) The Chairperson <<NOTE: Regulations.>>  shall establish 
        procedures to ensure that no funding provided through a grant, 
        except a grant made to a State or local arts agency, or regional 
        group, may be used to make a grant to any other organization or 
        individual to conduct activity independent of the direct grant 
        recipient. Nothing in this subsection shall prohibit payments 
        made in exchange for goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.

    Sec. 330. The National Endowment for the Arts and the National 
Endowment for the Humanities are authorized to solicit, accept, receive, 
and invest in the name of the United States, gifts, bequests, or devises 
of money and other property or services and to use such in furtherance 
of the functions of the National Endowment for the Arts and the National 
Endowment for the Humanities. Any proceeds from such gifts, bequests, or 
devises, after acceptance by the National Endowment for the Arts or the 
National Endowment for the Humanities, shall be paid by the donor or the 
representative of the donor to the Chairman. The Chairman shall enter 
the proceeds in a special interest-bearing account to the credit of the 
appropriate Endowment for the purposes specified in each case.
    Sec. 331. In fiscal years 1998 through 2002, the Secretaries of the 
Interior and Agriculture may make reciprocal delegations of their 
respective authorities, duties and responsibilities in support of joint 
pilot programs to promote customer service and efficiency in the 
management of public lands and national forests: Provided, That nothing 
herein shall alter, expand or limit the existing applicability of any 
public law or regulation to lands administered by the Bureau of Land 
Management or the Forest Service.
    Sec. 332. 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

[[Page 111 STAT. 1601]]

in this Act and proceed to complete the forest plan revision in 
accordance with current forest planning regulations.
    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.
    Sec. 334. (a) Watershed Restoration and Enhancement Agreements.--For 
fiscal year 1998, appropriations for the Forest Service may be used by 
the Secretary of Agriculture for the purpose of entering into 
cooperative agreements with willing State and local governments, private 
and nonprofit entities and landowners for protection, restoration and 
enhancement of fish and wildlife habitat, and other resources on public 
or private land or both that benefit these resources within the 
watershed.
    (b) Direct and Indirect Watershed Agreements.--The Secretary of 
Agriculture may enter into a watershed restoration and enhancement 
agreement--
            (1) directly with a willing private landowner; or
            (2) indirectly through an agreement with a State, local or 
        tribal government or other public entity, educational 
        institution, or private nonprofit organization.

    (c) Terms and Conditions.--In order for the Secretary to enter into 
a watershed restoration and enhancement agreement--
            (1) the agreement shall--
                    (A) include such terms and conditions mutually 
                agreed to by the Secretary and the landowner;
                    (B) improve the viability of and otherwise benefit 
                the fish, wildlife, and other resources on national 
                forests lands within the watershed;
                    (C) authorize the provision of technical assistance 
                by the Secretary in the planning of management 
                activities that will further the purposes of the 
                agreement;
                    (D) provide for the sharing of costs of implementing 
                the agreement among the Federal Government, the 
                landowner(s), and other entities, as mutually agreed on 
                by the affected interests; and
                    (E) ensure that any expenditure by the Secretary 
                pursuant to the agreement is determined by the Secretary 
                to be in the public interest; and
            (2) the Secretary may require such other terms and 
        conditions as are necessary to protect the public investment on 
        non-Federal lands, provided such terms and conditions are 
        mutually agreed to by the Secretary and other landowners, State 
        and local governments or both.

    Sec. 335. The <<NOTE: 16 USC 431 note.>>  joint resolution entitled 
``Joint Resolution to establish a commission to formulate plans for a 
memorial to Franklin Delano Roosevelt'', approved August 11, 1955 (69 
Stat. 694), is amended--
            (1) in the first section by inserting before the last 
        sentence the following: ``The Commission shall submit a final 
        report to the President and Congress prior to termination.'';
            (2) by redesignating section 4 as section 5; and
            (3) by inserting after section 3 the following:

                     ``termination of the commission

    ``Sec. 4. (a) In General.--The Commission shall terminate on the 
earlier of--

[[Page 111 STAT. 1602]]

            ``(1) December 31, 1997; or
            ``(2) the date that the Commission reports to the President 
        and the Congress that the Commission's work is complete.

    ``(b) Commission Funds.--
            ``(1) Designation.--Before the termination of the 
        Commission, the Commission shall designate a nonprofit 
        organization to collect, manage, and expend Commission funds 
        after its termination.
            ``(2) Transfer of funds.--Before termination the Commission 
        shall transfer all Commission funds to the entity designated 
        under paragraph (1).
            ``(3) Amounts collected after termination.--The entity 
        designated under paragraph (1) shall have the right to collect 
        any amounts accruing to the Commission after the Commission's 
        termination, including amounts--
                    ``(A) given to the Commission as a gift or bequest; 
                or
                    ``(B) raised from the sale of coins issued under the 
                United States Commemorative Coin Act of 1996 (110 Stat. 
                4005; 31 U.S.C. 5112 note).
            ``(4) Uses of funds.--The Commission may specify uses for 
        any funds made available under this section to the entity 
        designated under paragraph (1), including--
                    ``(A) to provide for the support, maintenance, and 
                repair of the Memorial; and
                    ``(B) to interpret and educate the public about the 
                Memorial.
            ``(5) Negotiation and contract.--The Commission may 
        negotiate and contract with a nonprofit organization before 
        designating the organization under paragraph (1).''.

    Sec. 336. To <<NOTE: 16 USC 544g note.>>  facilitate priority land 
exchanges through which the United States will receive land within the 
White Salmon Wild and Scenic River boundaries and within the Columbia 
River Gorge National Scenic Area, the Secretary of Agriculture may, 
until September 30, 2000, accept title to such lands deemed appropriate 
by the Secretary within the States of Oregon and Washington, regardless 
of the State in which the transferred lands are located, following 
existing exchange authorities.

    Sec. 337. The boundary of the Wenatchee National Forest in Chelan 
County, Washington, is hereby adjusted to exclude section 1 of Township 
23 North, Range 19 East, Willamette Meridian.
    Sec. 338. None of the funds provided in this Act can be used for any 
activities associated with the Center of Excellence for Sustainable 
Development unless a budget request has been submitted and approved by 
the Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 339. (a) No funds provided in this or any other Act may be 
expended to develop a rulemaking proposal to amend or replace the Bureau 
of Land Management regulations found at 43 CFR 3809 or to prepare a 
draft environmental impact statement on such proposal, until the 
Secretary of the Interior certifies to the Committees on Energy and 
Natural Resources and Appropriations of the Senate and the Committees on 
Resources and Appropriations of the House of Representatives that the 
Department of the Interior has consulted with the Governor, or his/her 
representative, from each State that contains public lands open to 
location under the General Mining Laws.

[[Page 111 STAT. 1603]]

    (b) The Secretary shall not publish proposed regulations to amend or 
replace the Bureau of Land Management regulations found at 43 CFR 3809 
prior to November 15, 1998, and shall not finalize such regulations 
prior to 90 days after such publication.
    Sec. 340. (a) The <<NOTE: Washington. 16 USC 544g note.>>  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

[[Page 111 STAT. 1604]]

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.
    Sec. 341. The <<NOTE: 16 USC 668dd note.>>  National Wildlife Refuge 
in Jasper and Marion Counties, Iowa, authorized in Public Law 101-302 
shall be referred to in any law, regulation, document or record of the 
United States in which such project is referred to, as the Neal Smith 
National Wildlife Refuge.

    Sec. 342. None of the funds in this or any other Act shall be 
expended by the Department of the Interior, the Forest Service or any 
other Federal agency, for the introduction of the grizzly bear 
population in the Selway-Bitteroot area of Idaho and adjacent Montana, 
or for consultations under section 7(b)(2) of the Endangered Species Act 
for Federal actions affecting grizzly bear within the Selway-Bitteroot 
area of Idaho, except that, funds may be used by the Department of the 
Interior or the Forest Service, or any other Federal agency for the 
purposes of receiving public comment on the draft Environmental Impact 
Statement dated July 1997 and issuing a Record of Decision, and for 
conducting a habitat-based population viability analysis.
    Sec. 343. The <<NOTE: 16 USC 497d.>>  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 further, That no 
increases in recreation residence fees on the Sawtooth National Forest 
will be implemented prior to January 1, 1999.

    Sec. 344. It is the sense of the Senate that--
            (1) preserving Civil War battlefields should be an integral 
        part of preserving our Nation's history; and
            (2) Congress should give special priority to the 
        preservation of Civil War battlefields by making funds available 
        for the purchase of threatened and endangered Civil War 
        battlefield sites.

    Sec. 345. It is the sense of the Senate that, inasmuch as there is 
disagreement as to what extent, if any, Federal funding for the arts is 
appropriate, and what modifications to the mechanism for such funding 
may be necessary; and further, inasmuch as there is a role for the 
private sector to supplement the Federal, State, and local partnership 
in support of the arts, hearings should be

[[Page 111 STAT. 1605]]

conducted and legislation addressing these issues should be brought 
before the full Senate for debate and passage during this Congress.
    Sec. 346. (a) In providing services or awarding financial assistance 
under the National Foundation on the Arts and the Humanities Act of 1965 
from funds appropriated under 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 serve underserved populations.
    (b) In this section:
            (1) The term ``underserved population'' means a population 
        of individuals who have historically been outside the purview of 
        arts and humanities programs due to factors such as a high 
        incidence of income below the poverty line or to geographic 
        isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
        family of the size involved.

    (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 <<NOTE: Grants.>>  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 <<NOTE: Reports.>>  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) Two Members of the House of Representatives 
                appointed by the Speaker of the House of 
                Representatives.
                    ``(ii) One Member of the House of Representatives 
                appointed by the Minority Leader of the House of 
                Representatives.
                    ``(iii) One Senator appointed by the Majority Leader 
                of the Senate.

[[Page 111 STAT. 1606]]

                    ``(iv) One 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 <<NOTE: President.>>  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 subsection (b)(1)(B), members first 
        appointed pursuant to such subsection shall be appointed not 
        later than December 31, 1997. Notwithstanding such subsection, 
        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''.

    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 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

[[Page 111 STAT. 1607]]

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: (1) which is surplus to the 
needs of domestic processors in Alaska; and (2) 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 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.
    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.
    Sec. 349. Implementation of New Guidelines on National Forests in 
Arizona and New Mexico.--(a) Notwithstanding any other provision of law, 
none of the funds made available under this or any other Act may be used 
for the purposes of executing any adjustments to annual operating plans, 
allotment management plans, or terms and conditions of existing grazing 
permits on National Forests in Arizona and New Mexico, which are or may 
be deemed necessary to achieve compliance with 1996 amendments to the 
applicable forest plans, until March 1, 1998, or such time as the Forest 
Service publishes a schedule for implementing proposed changes, 
whichever occurs first.
    (b) Nothing in this section shall be interpreted to preclude the 
expenditure of funds for the development of annual operating plans, 
allotment management plans, or in developing modifications to grazing 
permits in cooperation with the permittee.
    (c) Nothing in this section shall be interpreted to change authority 
or preclude the expenditure of funds pursuant to section 504 of the 1995 
Rescissions Act (Public Law 104-19).
    Sec. 350. Payments for Entitlement Land.--Section 6901(2)(A)(i) of 
title 31, United States Code, is amended by inserting ``(other than in 
Alaska)'' after ``city'' the first place such term appears.
    Sec. 351. Strike <<NOTE: 16 USC 460bb note.>>  section 103(c)(7) of 
Public Law 104-333 and insert the following:
            ``(7) Staff.--Notwithstanding any other provisions of law, 
        the Trust is authorized to appoint and fix the compensation and 
        duties and terminate the services of an executive director and 
        such other officers and employees as it deems necessary without 
        regard to the provisions of title 5, United States Code, or 
        other laws related to the appointment, compensation or 
        termination of Federal employees.''.

        TITLE IV--ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND

    Sec. 401. (a) Fund.--One <<NOTE: 43 USC 1474d.>>  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

[[Page 111 STAT. 1608]]

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 United States 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 subsection (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 <<NOTE: Establishment.>>  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.

[[Page 111 STAT. 1609]]

    (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 <<NOTE: Regulations.>>  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.

[[Page 111 STAT. 1610]]

    (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.

  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 <<NOTE: Reports.>>  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 title 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 moneys provided in this title, 
when combined with moneys 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 <<NOTE: California. 16 USC 471j.>>  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

[[Page 111 STAT. 1611]]

``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 multispecies 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

[[Page 111 STAT. 1612]]

        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) Acquisition.--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 <<NOTE: Reports.>>  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 United 
        States 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 multispecies 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.

[[Page 111 STAT. 1613]]

    (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 50 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 
        nongovernmental 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 <<NOTE: President.>>  of the State of California. Three 
        trustees shall be appointed by the President of the United 
        States. The first group 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 nonvoting, 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.

[[Page 111 STAT. 1614]]

                    (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 <<NOTE: Reports.>>  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

[[Page 111 STAT. 1615]]

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) Acquisition.--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

[[Page 111 STAT. 1616]]

                    (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

[[Page 111 STAT. 1617]]

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 
        subsection (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 
subsection (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 
subsection (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 subsection (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 subsection (a) shall take place unless the acquisition authorized in 
section 502(a) is executed.
    Sec. 504. The <<NOTE: 16 USC 471j note.>>  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 <<NOTE: Reports.>>  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 (Public 
Law 88-578; 78 Stat. 897) (16 U.S.C. 460l-4 through 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 <<NOTE: 16 USC 460l-10e.>>  I of that Act following section 12.

  TITLE VI--FOREST <<NOTE: Forest Resources Conservation and Shortage 
Relief Act of 1997.>>  RESOURCES CONSERVATION AND SHORTAGE RELIEF

    Sec. 601. Short <<NOTE: 16 USC 620 note.>>  Title.--This title may 
be cited as the ``Forest Resources Conservation and Shortage Relief Act 
of 1997''.

[[Page 111 STAT. 1618]]

    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

[[Page 111 STAT. 1619]]

                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 <<NOTE: Effective 
                      date. Notice.>>  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 <<NOTE: Notice.>>  
                                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

[[Page 111 STAT. 1620]]

                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 <<NOTE: Notice>>  date.--A 
                relinquishment of a sourcing area shall be effective as 
                of the date on which written notice is provided by the 
                sourcing area holder to the Regional Forester with 
                jurisdiction over the sourcing area where the processing 
                facility of the holder is located.
                    ``(C) Exportability.--
                          ``(i) In general.--On relinquishment or 
                      termination of a sourcing area, unprocessed timber 
                      from private land within the former boundary of 
                      the relinquished or terminated sourcing area is 
                      exportable immediately after unprocessed timber 
                      from Federal land from within that area is no 
                      longer in the possession of the former sourcing 
                      area holder.
                          ``(ii) No restriction.--The exportability of 
                      unprocessed timber from private land located 
                      outside of a sourcing area shall not be restricted 
                      or in any way affected by relinquishment or 
                      termination of a sourcing area.''; and
            (3) by adding at the end the following:

    ``(d) Domestic Transportation and Processing of Private Timber.--
Nothing in this section restricts or authorizes any restriction on the 
domestic transportation or processing of timber harvested from private 
land, except that the Secretary may prohibit processing facilities 
located in the State of Idaho that have sourcing areas from processing 
timber harvested from private land outside of the boundaries of those 
sourcing areas.''.
    (b) Restriction of Exports of Unprocessed Timber From State and 
Public Land.--Section 491(b)(2) of the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620c(b)(2)) is amended--
            (1) by striking ``the following'' and all that follows 
        through ``(A) The Secretary'' and inserting ``the Secretary'';
            (2) by striking ``during the period beginning on June 1, 
        1993, and ending on December 31, 1995'' and inserting ``as of 
        the date of enactment of the Forest Resources Conservation and 
        Shortage Relief Act of 1997''; and
            (3) by striking subparagraph (B).

    Sec. 603. Monitoring and Enforcement.--Section 492 of the Forest 
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620d) 
is amended--
            (1) in subsection (c)(2), by adding at the end the 
        following:

[[Page 111 STAT. 1621]]

                    ``(C) Mitigation of penalties.--
                          ``(i) In general.--The Secretary concerned--
                                    ``(I) in determining the 
                                applicability of any penalty imposed 
                                under this paragraph, shall take into 
                                account all relevant mitigating factors, 
                                including mistake, inadvertence, and 
                                error; and
                                    ``(II) based on any mitigating 
                                factor, may, with respect to any penalty 
                                imposed under this paragraph--
                                            ``(aa) reduce the penalty;
                                            ``(bb) not impose the 
                                        penalty; or
                                            ``(cc) on condition of there 
                                        being no further violation under 
                                        this paragraph for a prescribed 
                                        period, suspend imposition of 
                                        the penalty.
                          ``(ii) Contractural remedies.--In the case of 
                      a minor violation of this title (including a 
                      regulation), the Secretary concerned shall, to the 
                      maximum extent practicable, permit a contracting 
                      officer to redress the violation in accordance 
                      with the applicable timber sale contract rather 
                      than assess a penalty under this paragraph.''; and
            (2) in subsection (d)(1)--
                    (A) by striking ``The head'' and inserting the 
                following:
                    ``(A) In general.--Subject to subparagraph (B), the 
                head''; and
                    (B) by adding at the end the following:
                    ``(B) Prerequisites for debarment.--
                          ``(i) In general.--No person may be debarred 
                      from bidding for or entering into a contract for 
                      the purchase of unprocessed timber from Federal 
                      lands under subparagraph (A) unless the head of 
                      the appropriate Federal department or agency first 
                      finds, on the record and after an opportunity for 
                      a hearing, that debarment is warranted.
                          ``(ii) Withholding of awards during debarment 
                      proceedings.--The head of an appropriate Federal 
                      department or agency may withhold an award under 
                      this title of a contract for the purchase of 
                      unprocessed timber from Federal lands during a 
                      debarment proceeding.''.

    Sec. 604. Definitions.--Section 493 of the Forest Resources 
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620e) is 
amended--
            (1) by redesignating paragraphs (3) through (8) as 
        paragraphs (5) through (10), respectively;
            (2) by inserting after paragraph (2) the following:
            ``(3) Minor violation.--The term `minor violation' means a 
        violation, other than an intentional violation, involving a 
        single contract, purchase order, processing facility, or log 
        yard involving a quantity of logs that is less than 25 logs and 
        has a total value (at the time of the violation) of less than 
        $10,000.
            ``(4) Northwestern private timber open market area.--The 
        term `northwestern private timber open market area' means the 
        State of Washington.'';
            (3) in subparagraph (B)(ix) of paragraph (9) (as 
        redesignated by paragraph (1))--

[[Page 111 STAT. 1622]]

                    (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) <<NOTE: Regulations.>>  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 <<NOTE: Regulations.>>  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

[[Page 111 STAT. 1623]]

                          ``(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 <<NOTE: Regulations.>>  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.

[[Page 111 STAT. 1624]]

                          ``(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.''.

TITLE VII--MICCOSUKEE <<NOTE: Miccosukee Settlement Act of 1997. Native 
Americans. Florida.>>  SETTLEMENT

    Sec. 701. Short <<NOTE: 25 USC 1750 note.>>  Title.--This title may 
be cited as the ``Miccosukee Settlement Act of 1997''.

    Sec. 702. Congressional <<NOTE: 25 USC 1750.>>  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. <<NOTE: 25 USC 1750a.>>  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.

[[Page 111 STAT. 1625]]

            (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 <<NOTE: 25 USC 1750b.>>  United States 
approves, ratifies, and confirms the Settlement Agreement.

    Sec. 705. Authority <<NOTE: 25 USC 1750c.>>  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;

[[Page 111 STAT. 1626]]

            (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 <<NOTE: 25 USC 1750d.>>  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. <<NOTE: 25 USC 1750e.>>  (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) Moneys.--None of the moneys paid to the 
                Miccosukee Tribe under this Act or the Settlement 
                Agreement shall be taxable under Federal or State law.

[[Page 111 STAT. 1627]]

                    (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.

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

    Approved November 14, 1997.

LEGISLATIVE HISTORY--H.R. 2107:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 105-163 (Comm. on Appropriations) and 105-337 (Comm. 
of Conference).
SENATE REPORTS: No. 105-56 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            July 10, 11, 15, considered and passed House.
            Sept. 11, 15-18, considered and passed Senate, amended.
            Oct. 24, House agreed to conference report.
            Oct. 28, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
            Nov. 14, Presidential statement.
            Nov. 20, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
            Nov. 24, Cancellation of items pursuant to the Line Item 
                Veto Act.

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