[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2107 Enrolled Bill (ENR)]
H.R.2107
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1998, and for
other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $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 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.
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 notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing
either in cash or in services, and the Bureau determines the cooperator
is capable of meeting accepted quality standards.
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and utilization
of fishery and wildlife resources, except whales, seals, and sea lions,
and for the performance of other authorized functions related to such
resources; for the general administration of the United States Fish and
Wildlife Service; for maintenance of the herd of long-horned cattle on
the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for
high priority projects within the scope of the approved budget which
shall be carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended, $594,842,000, to remain
available until September 30, 1999, of which $11,612,000 shall remain
available until expended for operation and maintenance of fishery
mitigation facilities constructed by the Corps of Engineers under the
Lower Snake River Compensation Plan, authorized by the Water Resources
Development Act of 1976, to compensate for loss of fishery resources
from water development projects on the Lower Snake River, and of which
not less than $2,000,000 shall be provided to local governments in
southern California for planning associated with the Natural
Communities Conservation Planning (NCCP) program and shall remain
available until expended, and of which not to exceed $5,190,000 shall
be used for implementing subsections (a), (b), (c), and (e) of section
4 of the Endangered Species Act of 1973, as amended: Provided, That the
proviso under this heading in Public Law 104-208 is amended by striking
the words ``Education and'' and inserting in lieu thereof
``Conservation'', by striking the word ``direct'' and inserting in lieu
thereof the word ``full'', and by inserting before the period ``, to
remain available until expended''.
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
Law 104-134, strike ``in fiscal year 1996 and thereafter'' in the
proviso and insert ``heretofore and hereafter'', and before the phrase
``or properties shall be utilized'' in such proviso, insert ``, to
remain available until expended,'': Provided further, That the first
proviso under this heading in Public Law 103-138 is amended by
inserting after ``account'' the following: ``, including transfers to
Federal trustees and payments to non-Federal trustees,''.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 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.
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 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.
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 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.
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 property, unless specifically
authorized in writing by the property owner: Provided further, That no
part of this appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data collection and
investigations carried on in cooperation with States and
municipalities.
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 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 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 $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, 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 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 in the Bureau school
system as of October 1, 1995: Provided further, That beginning in
fiscal year 1998 and thereafter and notwithstanding 25 U.S.C.
2012(h)(1)(B), when the rates of basic compensation for teachers and
counselors at Bureau-operated schools are established at the rates of
basic compensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers Pay and
Personnel Practices Act, such rates shall become effective with the
start of the next academic year following the issuance of the
Department of Defense salary schedule and shall not be effected
retroactively: Provided further, That the Cibecue Community School may
use prior year school operations funds for the construction of a new
high school facility which is in compliance with 25 U.S.C. 2005(a)
provided that any additional construction costs for replacement of such
facilities begun with prior year funds shall be completed exclusively
with non-Federal funds: Provided further, That tribes may use tribal
priority allocations funds for the replacement and repair of school
facilities which are in compliance with 25 U.S.C. 2005(a), 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).
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).
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 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 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.
Administrative Provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no programs
funded with appropriated funds in the ``Departmental Management'',
``Office of the Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund or the Consolidated Working
Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oilspills; response and
natural resource damage assessment activities related to actual
oilspills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for emergency
rehabilitation and wildfire suppression activities, no funds shall be
made available under this authority until funds appropriated to
``Wildland Fire Management'' shall have been exhausted: Provided
further, That all funds used pursuant to this section are hereby
designated by Congress to be ``emergency requirements'' pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C.
Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of twelve months beginning at any time during
the fiscal year.
Sec. 107. In fiscal year 1998 and thereafter, for those years in
which the recreation fee demonstration program authorized in Public Law
104-134 is in effect, the fee collection support authority provided in
16 U.S.C. 460l-6(i)(1)(B) applies only to parks not included in the fee
demonstration program, and that the amount retained under this
authority to cover fee collection costs will not exceed those costs at
the non-demonstration parks, or 15 percent of all fees collected at
non-demonstration parks in a fiscal year whichever is less. Fee
collection costs for parks included in the fee demonstration program
will be covered by the fees retained at those parks.
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior for the conduct of 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 of Helium Operations, Bureau of Land
Management, entitled to severance pay under 5 U.S.C. 5595, may apply
for, and the Secretary of the Interior may pay, the total amount of the
severance pay to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the Federal Government
shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and
(3), except that any repayment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the
required employee contribution under 5 U.S.C. 8905a(d)(1)(A). The
Helium Fund shall pay for 18 months the remaining portion of required
contributions.
(c) The Secretary of the Interior may provide for training to
assist Helium Operations employees in the transition to other Federal
or private sector jobs during the facility shut-down and disposition
process and for up to 12 months following separation from Federal
employment, including retraining and relocation incentives on the same
terms and conditions as authorized for employees of the Department of
Defense in section 348 of the National Defense Authorization Act for
Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions of 5
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and
other related Helium Program activities shall be deemed to create an
exigency of public business under, and annual leave that is lost during
leave years 1997 through 2001 because of, 5 U.S.C. 6304 (regardless of
whether such leave was scheduled in advance) shall be restored to the
employee and shall be credited and available in accordance with 5
U.S.C. 6304(d)(2). Annual leave so restored and remaining unused upon
the transfer of a Helium Program employee to a position of the
executive branch outside of the Helium Program shall be liquidated by
payment to the employee of a lump sum from the Helium Fund for such
leave.
(e) Benefits under this section shall be paid from the Helium Fund
in accordance with section 4(c)(4) of the Helium Privatization Act of
1996. Funds may be made available to Helium Program employees who are
or will be separated before October 1, 2002 because of the cessation of
helium production and sales and other related activities. Retraining
benefits, including retraining and relocation incentives, may be paid
for retraining commencing on or before September 30, 2002.
Sec. 114. None of the funds in this or previous appropriations Acts
may be used to establish a new regional office in the United States
Fish and Wildlife Service without the advance approval of the House and
Senate Committees on Appropriations.
Sec. 115. (a) Conveyance Requirement.--Within 90 days after the
date of enactment of this Act, the Secretary of the Interior shall
convey to the State of West Virginia without reimbursement, all right,
title, and interest of the United States in and to the property
described in subsection (b), for sole use by the Wildlife Resources
Section of the West Virginia Division of Natural Resources, as part of
the State of West Virginia fish culture program.
(b) Property Described.--The property referred to in subsection (a)
is the property known as the Bowden National Fish Hatchery, located on
old United States Route 33, Randolph County, West Virginia, consisting
of 44 acres (more or less), and all improvements and related personal
property under the control of the Secretary that is located on that
property, including buildings, structures, equipment, and all
easements, leases, and water rights relating to that property.
(c) Use and Reversionary Interest.--The property conveyed to the
State of West Virginia pursuant to this section shall be used and
operated solely by the Wildlife Resources Section of the West Virginia
Division of Natural Resources for the purposes of fishery resources
management and fisheries-related activities, and if it is used for any
other purposes or by any other party other than the use authorized
under subsection (a), all right, title, and interest in and to all
property conveyed under this section shall revert to the United States.
The State of West Virginia shall ensure that the property reverting to
the United States is in substantially the same or better condition as
at the time of transfer.
Sec. 116. Section 115 of Public Law 103-332 is amended by inserting
after the word ``title'' the following: ``or provided from other
Federal agencies through reimbursable or other agreements pursuant to
the Economy Act''.
Sec. 117. The third proviso under the heading ``Compact of Free
Association'' of Public Law 100-446 is amended by striking
``$2,000,000'' and inserting ``$2,500,000'' and by adding at the end of
the proviso the following: ``and commencing on October 1, 1998 and
every year thereafter, this dollar amount shall be changed to reflect
any fluctuation occurring during the previous twelve (12) months in the
Consumer Price Index, as determined by the Secretary of Labor''.
Sec. 118. 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 any other provision of law, 90 days after
enactment of this section there is hereby vested in the United States
all right, title and interest in and to, and the right of immediate
possession of, all patented mining claims and valid unpatented mining
claims (including any unpatented claim whose validity is in dispute, so
long as such validity is later established in accordance with
applicable agency procedures) in the area known as the Kantishna Mining
District within Denali National Park and Preserve, for which all
current owners (or the bankruptcy trustee as provided hereafter) of
each such claim (for unpatented claims, ownership as identified in
recordations under the mining laws and regulations) consent to such
vesting in writing to the Secretary of the Interior within said 90-day
period: Provided, That in the case of a mining claim in the Kantishna
Mining District that is involved in a bankruptcy proceeding, where the
bankruptcy trustee is a holder of an interest in such mining claim,
such consent may only be provided and will be deemed timely for
purposes of this section if the trustee applies within said 90-day
period to the bankruptcy court or any other appropriate court for
authority to sell the entire mining claim and to consent to the vesting
of title to such claim in the United States pursuant to this section,
and that in such event title in the entire mining claim shall vest in
the United States 10 days after entry of an unstayed, final order or
judgment approving the trustee's application: Provided further, That
the United States shall pay just compensation to the aforesaid owners
of any valid claims to which title has vested in the United States
pursuant to this section, determined as of the date of taking: Provided
further, That payment shall be in the amount of a negotiated settlement
of the value of such claim or the valuation of such claim awarded by
judgment, and such payment, including any deposits in the registry of
the court, shall be made solely from the permanent judgment
appropriation established pursuant to section 1304 of title 31, United
States Code, and shall include accrued interest on the amount of the
agreed settlement value or the final judgment from the date of taking
to the date of payment, calculated in accordance with section 258a 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 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).''.
Sec. 124. (a) Priority of Bonds.--Section 3 of Public Law 94-392
(90 Stat. 1193, 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 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) 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. (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 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 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 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 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 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 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;
(2) the landowners have occupied or improved their property in
good faith reliance on the erroneous surveys of the properties;
(3) the landowners believed that their entitlement to occupancy
was finally adjudicated by a Judgment and Decree entered by the
Eighth Judicial District Court of Nevada on October 26, 1989;
(4) errors in the private surveys were discovered in connection
with a dependent resurvey and section subdivision conducted by the
Bureau of Land Management in 1990, which established accurate
boundaries between certain federally owned properties and private
properties; and
(5) the Secretary has authority to sell, and it is appropriate
that the Secretary should sell, based on an appraisal of the fair
market value as of December 1, 1982, the properties described in
section 2(b) to the adversely affected landowners.
(b) Conveyance of Properties.--
(1) Purchase offers.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the city of Las Vegas, Nevada, on behalf
of the owners of real property located adjacent to the
properties described in paragraph (2), may submit to the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management (referred to in this Act as the
``Secretary''), a written offer to purchase the properties.
(B) Information to accompany offer.--An offer under
subparagraph (A) shall be accompanied by--
(i) a description of each property offered to be
purchased;
(ii) information relating to the claims of ownership of
the property based on an erroneous land survey; and
(iii) such other information as the Secretary may
require.
(2) Description of properties.--The properties described in
this paragraph, containing 37.36 acres, more or less, are--
(A) Government lots 22, 23, 26, and 27 in sec. 18, T. 19
S., R. 61 E., Mount Diablo Meridian;
(B) Government lots 20, 21, and 24 in sec. 19, T. 19 S., R.
61 E., Mount Diablo Meridian; and
(C) Those lands encroached upon in Government lot 1 in sec.
24, T. 19 S., R. 60 E., Mount Diablo Meridian, containing
approximately 8 acres.
(3) Conveyance.--
(A) In general.--Subject to the condition stated in
subparagraph (B), the Secretary shall convey subject to valid
existing rights to the city of Las Vegas, Nevada, all right,
title, and interest of the United States in and to the
properties offered to be purchased under paragraph (1) on
payment by the city of the fair market value of the properties,
based on an appraisal of the fair market value as of December
1, 1982, approved by the Secretary.
(B) Condition.--Properties shall be conveyed under
subparagraph (A) subject to the condition that the city convey
the properties to the landowners who were adversely affected by
reliance on erroneous surveys as described in subsection (a).
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 National Park Service shall, within 30 days of
enactment of this Act, begin negotiations with the University of Alaska
Fairbanks, School of Mineral Engineering, to determine the compensation
that shall be paid by the National Park Service, within funds
appropriated to the National Park Service in this Act, or within
unobligated balances of funds appropriated in prior appropriations
Acts, to the University of Alaska Fairbanks, School of Mineral
Engineering, for facilities, equipment, and interests owned by the
University that were destroyed by the Federal Government at the
Stampede Mine Site within the boundaries of Denali National Park and
Preserve: Provided, That if the National Park Service and the
University of Alaska Fairbanks, School of Mineral Engineering, fail to
reach a negotiated settlement within 90 days of commencing
negotiations, then the National Park Service shall submit a formal
request to the Director of the Office of Hearings and Appeals,
Department of the Interior, for the purpose of entering into third-
party mediation to be conducted in accordance with the Department of
the Interior's final policy applicable to alternative dispute
resolution: Provided further, That any payment made by the National
Park Service to the University of Alaska Fairbanks, School of Mineral
Engineering, shall fully satisfy the claims of the University of Alaska
Fairbanks, School of Mineral Engineering; and that the University of
Alaska Fairbanks, School of Mineral Engineering, shall convey to the
Secretary of the Interior all property rights in such facilities,
equipment and interests: Provided further, That the Secretary of the
Army shall provide, at no cost, two six-by-six vehicles, in excellent
operating condition, or equivalent equipment to the University of
Alaska Fairbanks, School of Mineral Engineering, and shall construct a
bridge across the Bull River to the Golden Zone Mine Site to allow
ingress and egress for the activities conducted by the School of
Mineral Engineering.
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 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 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.
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, 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 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 hereafter, the National Forest Foundation
may hold Federal funds made available but not immediately disbursed and
may use any interest or other investment income earned (before, on, or
after the date of enactment of this Act) on Federal funds to carry out
the purposes of Public Law 101-593: Provided further, That such
investments may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,000,000
of the funds available to the Forest Service shall be available for
matching funds, as authorized by 16 U.S.C. 3701-3709, and may be
advanced in a lump sum as Federal financial assistance, without regard
to when expenses are incurred, for projects on or benefitting National
Forest System lands or related to Forest Service programs: Provided,
That the Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at least one-
for-one basis funds advanced by the Forest Service: Provided further,
That the Foundation may transfer Federal funds to a recipient of
Federal financial assistance for a project at the same rate that the
recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System''
and ``Reconstruction and Construction'' accounts and planned to be
allocated to activities under the ``Jobs in the Woods'' program for
projects on National Forest land in the State of Washington may be
granted directly to the Washington State Department of Fish and
Wildlife for accomplishment of planned projects. Twenty percent of said
funds shall be retained by the Forest Service for planning and
administering projects. Project selection and prioritization shall be
accomplished by the Forest Service with such consultation with the
State of Washington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds available to the Forest Service may be used for
retrofitting the Commanding Officer's Building (S-2), to accommodate
the relocation of the Forest Supervisor's Office for the San Bernardino
National Forest: Provided, That funds for the move must come from funds
otherwise available to Region 5: Provided further, That any funds to be
provided for such purposes shall only be available upon approval of the
House and Senate Committees on Appropriations.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that
a donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-134, the direct grants
provided in subsection (c) shall be considered direct payments for
purposes of all applicable law except that these direct grants may not
be used for lobbying activities.
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other
agency or office of the Department for more than 30 days unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
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.
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 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.
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 miscellaneous
receipts: Provided further, That any contract, agreement, or provision
thereof entered into by the Secretary pursuant to this authority shall
not be executed prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in session
because of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full comprehensive
report on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
The Secretary is authorized to accept funds from other Federal
agencies in return for assisting agencies in achieving energy
efficiency in Federal facilities and operations by the use of privately
financed, energy saving performance contracts and other private
financing mechanisms. The funds may be provided after agencies begin to
realize energy cost savings; may be retained by the Secretary until
expended; and may be used only for the purpose of assisting Federal
agencies in achieving greater efficiency, water conservation, and use
of renewable energy by means of privately financed mechanisms,
including energy savings performance contracts. Any such privately
financed contracts shall meet the provisions of the Energy Policy Act
of 1992, Public Law 102-486 (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: 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 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, 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.
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, 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.
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.
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 and thereafter, the Commission is authorized to charge
fees to cover the full costs of Geographic Information System products
and services supplied by the Commission, and such fees shall be
credited to this account as an offsetting collection, to remain
available until expended.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $31,707,000 of which
$1,575,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which congressional action is
not complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in paragraph (1)
by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available
in this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 1995.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal
of the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. Beginning in fiscal year 1998 and thereafter, where the
actual costs of construction projects under self-determination
contracts, compacts, or grants, pursuant to Public Laws 93-638, 103-
413, or 100-297, are less than the estimated costs thereof, use of the
resulting excess funds shall be determined by the appropriate Secretary
after consultation with the tribes.
Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of
funds to tribes and tribal organizations under annual funding
agreements pursuant to section 108 of Public Law 93-638, as amended,
beginning in fiscal year 1998 and therafter, may be made on the first
business day following the first day of a fiscal quarter.
Sec. 312. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program, unless
the relevant agencies of the Department of the Interior and/or
Agriculture follow appropriate reprogramming guidelines: Provided, That
if no funds are provided for the AmeriCorps program by the 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.
Sec. 316. Subsistence Hunting and Fishing in Alaska. (a) Moratorium
on Federal Management.--None of the funds made available to the
Department of the Interior or the Department of Agriculture by this or
any other Act hereafter enacted may be used prior to December 1, 1998
to issue or implement final regulations, rules, or policies pursuant to
title VIII of the Alaska National Interest Lands Conservation Act to
assert jurisdiction, management, or control over the navigable waters
transferred to the State of Alaska pursuant to the Submerged Lands Act
of 1953 or the Alaska Statehood Act of 1959.
(b) Amendments to Alaska National Interest Lands Conservation
Act.--
(1) Amendment of anilca.--Except as otherwise expressly
provided, whenever in this subsection an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.).
(2) Definitions.--Section 102(2) (16 U.S.C. 3102(2)) is amended
to read as follows:
``(2) The term `Federal land' means lands the title to which is
in the United States after December 2, 1980. `Federal land' does
not include lands the title to which is in the State, 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 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 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--
(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 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 and until laws are adopted in the State
of Alaska which provide for the definition, preference, and
participation specified in sections 803, 804, and 805 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), the
amendments made by subsection (b) of this section shall be effective
only for the purposes of determining whether the State's laws provide
for such definition, preference, and participation. The Secretary shall
certify before December 1, 1998 if such laws have been adopted in the
State of Alaska. Subsection (b) shall be repealed on such date if such
laws have not been adopted.
Sec. 317. Section 909(b)(2) of division II, title IX of Public Law
104-333 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, 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) 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 to the completion of any decision document or
the making of any decision related to the final Environmental Impact
Statements (hereinafter ``final EISs'') associated with the Interior
Columbia Basin Ecosystem Project (hereinafter the ``Project''), the
Secretary of Agriculture and the Secretary of the Interior shall
prepare and submit to the Committees on Appropriations of the Senate
and the House of Representatives a report that shall include:
(1) a detailed description of any and all land and resource
management planning and policy or project decisions to be made, by
type and by the level of official responsible, and the procedures
for such decisions to be undertaken, by the Forest Service, Bureau
of Land Management, and Fish and Wildlife Service pursuant to the
National Forest Management Act, Federal Land Policy and Management
Act, Endangered Species Act, National Environmental Policy Act and
any other applicable law in order to authorize and implement
actions affecting the environment on Federal lands within the
jurisdiction of either Secretary in the Project area that are
consistent with the final EISs;
(2) a detailed estimation of the time and cost (for all
participating Federal agencies) to accomplish each decision
described in paragraph (1), from the date of initiation of
preparations for, to the date of publication or announcement of,
the decision, including a detailed statement of the source of funds
for each such decision and any reprogramming in fiscal year 1998;
(3) estimated production of goods and services from each unit
of the Federal lands for the first 5 years during the course of the
decision making described in paragraph (1) beginning with the date
of publication of the applicable final EIS; and
(4) if the requirements described in paragraphs (1) through (3)
cannot be accomplished within the appropriations provided in this
Act, adjusted only for inflation, in subsequent fiscal years and
without any reprogramming of such appropriations, provide a
detailed description of the decision making process that will be
used to establish priorities in accordance with such
appropriations.
(b) Using all research information available from the area
encompassed by the Project, the Secretaries, to the extent practicable,
shall analyze the economic and social conditions, and culture and
customs, of the communities at the sub-basin level within the Project
area and the impacts the alternatives in the draft EISs will have on
those communities. This analysis shall be published on a schedule that
will allow a reasonable period of time for public comment thereon prior
to the close of the comment periods on the draft EISs. The analysis,
together with the response of the Secretaries to the public comment,
shall be incorporated in the final EISs and, subject to subsection (a),
subsequent decisions related thereto.
(c) Nothing in this section shall be construed as altering or
affecting in any manner any provision of applicable land or resource
management plans, PACFISH, INFISH, Eastside screens, and other policies
adopted by the Forest Service or Bureau of Land Management prior to the
date of enactment of this Act to protect wildlife, watershed, riparian,
and other resources of the Federal lands.
Sec. 324. Notwithstanding section 904(b) of Public Law 104-333,
hereafter, the Heritage Area established under section 904 of title IX
of division II of Public Law 104-333 shall include any portion of a
city, town, or village within an area specified in section 904(b)(2) of
that Act only to the extent that the government of the city, town, or
village, in a resolution of the governing board or council, agrees to
be included and submits the resolution to the Secretary of the Interior
and the management entities for the Heritage Area and to the extent
such resolution is not subsequently revoked in the same manner.
Sec. 325. (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 in the Consortium
only so long as it operates a regional health program for the Indian
Health Service under Public Law 93-638 (25 U.S.C. 450 et seq.), as
amended.
(b) The Consortium shall be governed by a 15-member Board of
Directors, which shall be composed of one representative of each
regional health entity listed in subsection (a) above, and two
additional persons who shall represent Indian tribes, as defined in 25
U.S.C. 450b(e), and sub-regional tribal organizations which operate
health programs not affiliated with the regional health entities listed
above and Indian tribes not receiving health services from any tribal,
regional or sub-regional health provider. Each member of the Board of
Directors shall be entitled to cast one vote. Decisions of the Board of
Directors shall be made by consensus whenever possible, and by majority
vote in the event that no consensus can be reached. The Board of
Directors shall establish at its first meeting its rules of procedure,
which shall be published and made available to all members.
(c) The statewide health services (including any programs,
functions, services and activities provided as part of such services)
of the Alaska Native Medical Center and the Alaska Area Office may only
be provided by the Consortium. Statewide health services for purposes
of this section shall consist of all programs, functions, services, and
activities provided by or through the Alaska Native Medical Center and
the Alaska Area Office, not under contract or other funding agreement
with any other tribe or tribal organization as of October 1, 1997,
except as provided in subsection (d) below. All statewide health
services provided by the Consortium under this section shall be
provided pursuant to contracts or funding agreements entered into by
the Consortium under Public Law 93-638 (25 U.S.C. 450 et seq.), as
amended, and for such purpose the Consortium shall be deemed to have
mature contract status as defined in section 4(h) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(h)).
(d) Cook Inlet Region, Inc., through Southcentral Foundation (or
any successor health care entity designated by Cook Inlet Region, Inc.)
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.), as amended, is
hereby authorized to enter into contracts or funding agreements under
such Public Law for all services provided at or through the Alaska
Native Primary Care Center or other satellite clinics in Anchorage or
the Matanuska-Susitna Valley without submission of any further
authorizing resolutions from any other Alaska Native Region, village
corporation, Indian Reorganization Act council, or tribe, no matter
where located. Services provided under this paragraph shall, at a
minimum, maintain the level of statewide and Anchorage Service Unit
services provided at the Alaska Native Primary Care Center as of
October 1, 1997, including necessary related services performed at the
Alaska Native Medical Center. In addition, Cook Inlet Region, Inc.,
through Southcentral Foundation, or any lawfully designated health care
entity of Cook Inlet Region, Inc., shall contract or enter into a
funding agreement under Public Law 93-638 (25 U.S.C. 450 et seq.), as
amended, for all primary care services provided by the Alaska Native
Medical Center, including, but not limited to, family medicine, primary
care internal medicine, pediatrics, obstetrics and gynecology, physical
therapy, psychiatry, emergency services, public health nursing, health
education, optometry, dentistry, audiology, social services, pharmacy,
radiology, laboratory and biomedical, and the administrative support
for these programs, functions, services and activities. Cook Inlet
Region, 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 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. None of the funds made available in this or any other Act
for any fiscal year may be used to designate, or to post any sign
designating, any portion of Canaveral National Seashore in Brevard
County, Florida, as a clothing-optional area or as an area in which
public nudity is permitted, if such designation would be contrary to
county ordinance.
Sec. 329. Of the funds provided to the National Endowment for the
Arts:
(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 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 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 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--
``(1) December 31, 1997; or
``(2) the date that the Commission reports to the President and
the Congress that the Commission's work is complete.
``(b) Commission Funds.--
``(1) Designation.--Before the termination of the Commission,
the Commission shall designate a nonprofit organization to collect,
manage, and expend Commission funds after its termination.
``(2) Transfer of funds.--Before termination the Commission
shall transfer all Commission funds to the entity designated under
paragraph (1).
``(3) Amounts collected after termination.--The entity
designated under paragraph (1) shall have the right to collect any
amounts accruing to the Commission after the Commission's
termination, including amounts--
``(A) given to the Commission as a gift or bequest; or
``(B) raised from the sale of coins issued under the United
States Commemorative Coin Act of 1996 (110 Stat. 4005; 31
U.S.C. 5112 note).
``(4) Uses of funds.--The Commission may specify uses for any
funds made available under this section to the entity designated
under paragraph (1), including--
``(A) to provide for the support, maintenance, and repair
of the Memorial; and
``(B) to interpret and educate the public about the
Memorial.
``(5) Negotiation and contract.--The Commission may negotiate
and contract with a nonprofit organization before designating the
organization under paragraph (1).''.
Sec. 336. To facilitate priority land exchanges through which the
United States will receive land within the White Salmon Wild and Scenic
River boundaries and within the Columbia River Gorge National Scenic
Area, the Secretary of Agriculture may, 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.
(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 Secretary of Agriculture is authorized and
directed to negotiate with Skamania County for the exchange of lands or
interests in lands constituting the Wind River Nursery Site within the
Gifford Pinchot National Forest, Washington.
(b) In return for the Nursery Site properties, Skamania County is
authorized and directed to negotiate with the Forest Service the
conveyance of approximately 120 acres of high biodiversity, special
management lands located near Table Mountain within the Columbia River
Gorge National Scenic Area, title to which must be acceptable to the
Secretary of Agriculture.
(c) Before this exchange can occur, it must be of equal value and
the Secretary and the Skamania County Board of Commissioners must agree
on the exact parcels of land to be included in the exchange. An
agreement signed by the Secretary of Agriculture and the Skamania
County Board of Commissioners describing the properties involved and a
certification that the exchange is of equal value must be completed no
later than September 30, 1999.
(d) During this two-year negotiating period, the Wind River Nursery
property shall not be conveyed to another party. The Forest Service
shall maintain the site in a tenantable condition.
(e) Except as provided herein, the exchange shall be for equal
value in accordance with land exchange authorities applicable to the
National Forest System.
(f) The Secretary is directed to equalize values by not only cash
and exchange of lands, easements, reservations, and other interests in
lands, but also by full value credit for such services as Skamania
County provides to the Gifford Pinchot and Columbia River Gorge
National Scenic Area and as the Secretary and Skamania County deem
appropriate. The Secretary may accept services in lieu of cash when the
Secretary can discern cash value for the services and when the
Secretary determines such services would provide direct benefits to
lands and resources and users of such lands and resources under the
jurisdiction of the Secretary.
(g) Any cash equalization which Skamania County elects to make may
be made up to 50 percent of the fair market value of the Federal
property, and such cash equalization may be made in installments over a
period not to exceed 25 years. Payments received as partial
consideration shall be deposited into the fund in the Treasury
established under the Act of December 4, 1967, commonly known as the
Sisk Act, and shall be available for expenditure as provided in the Act
except that the Secretary may not use those funds to purchase lands
within Skamania County.
(h) In defining the Federal estate to be conveyed, the Secretary
may require such additional terms and conditions as deemed necessary in
connection with assuring equal value and public interest considerations
in this exchange including, but not limited to, continued research use
of the Wind River Experimental Forest and protection of natural,
cultural, and historic resources, existing administrative sites, and a
scenic corridor for the Pacific Crest National Scenic Trail.
(i) This authorization is predicated on Skamania County's Board of
Commissioners commitment to give foremost consideration to preservation
of the overall integrity of the site and conservation of the
educational and research potential of the site, including providing for
access to and assurance of the continued administration and operation
of forestry research on the adjacent Thornton Munger Research Natural
Area.
(j) The Secretary is further directed to cooperate with Skamania
County to address applicable Federal and State environmental laws.
(k) Notwithstanding the processes involved with the National
Environmental Policy Act and the State Environmental Policy Act, should
the Secretary of Agriculture and the Skamania County Board of
Commissioners fail to reach an agreement on an equal value exchange
defined under the terms of this legislation by September 30, 1999, the
Wind River Nursery Site shall remain under Forest Service ownership and
be maintained by the Forest Service in a tenantable condition.
Sec. 341. The National Wildlife Refuge in Jasper and Marion
Counties, Iowa, authorized in Public Law 101-302 shall be referred to
in any law, regulation, 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 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 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 funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1); and
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act.
(e) Section 6(b) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 955(b)) is amended to read as
follows:
``(b) Appointment and Composition of Council.--(1) The Council
shall be composed of members as follows:
``(A) The Chairperson of the National Endowment for the Arts,
who shall be the chairperson of the Council.
``(B) Members of Congress appointed for a 2-year term beginning
on January 1 of each odd-numbered year as follows:
``(i) 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.
``(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 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 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 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 half of the amounts awarded by the Supreme
Court to the United States in the case of United States of America v.
State of Alaska (117 S.Ct. 1888) shall be deposited in a fund in the
Treasury of the United States to be known as the ``Environmental
Improvement and Restoration Fund'' (referred to in this section as the
``Fund'').
(b) Investments.--
(1) In general.--The Secretary of the Treasury shall invest
amounts in the Fund in interest bearing obligations of the United
States.
(2) Acquisition of obligations.--For the purpose of investments
under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(3) Sale of obligations.--Any obligations acquired by the Fund
may be sold by the Secretary of the Treasury at the market price.
(4) Credits to fund.--The interest earned from investments of
the Fund shall be covered into and form a part of the Fund.
(c) Transfer and Availability of Amounts Earned.--Each year,
interest earned and covered into the Fund in the previous fiscal year
shall be available for appropriation, to the extent provided in the
subsequent appropriations Acts, as follows:
(1) 80 percent of such amounts shall be made available to be
equally divided among the Directors of the National Park Service,
the 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 priorities and grant requests shall be reviewed and
recommended for Secretarial approval by a board to be known as the
North Pacific Research Board (referred to in this subsection as the
``Board''). The Board shall seek to avoid duplicating other research
activities, and shall place a priority on cooperative research efforts
designed to address pressing fishery management or marine ecosystem
information needs.
(3) The Board shall be comprised of the following representatives
or their designees--
(A) the Secretary of Commerce, who shall be a co-chair of the
Board;
(B) the Secretary of State;
(C) the Secretary of the Interior;
(D) the Commandant of the Coast Guard;
(E) the Director of the Office of Naval Research;
(F) the Alaska Commissioner of Fish and Game, who shall also be
a co-chair of the Board;
(G) the Chairman of the North Pacific Fishery Management
Council;
(H) the Chairman of the Arctic Research Commission;
(I) the Director of the Oil Spill Recovery Institute;
(J) the Director of the Alaska SeaLife Center;
(K) five members nominated by the Governor of Alaska and
appointed by the Secretary of Commerce, one of whom shall represent
fishing interests, one of whom shall represent Alaska Natives, one
of whom shall represent environmental interests, one of whom shall
represent academia, and one of whom shall represent oil and gas
interests;
(L) three members nominated by the Governor of Washington and
appointed by the Secretary of Commerce; and
(M) one member nominated by the Governor of Oregon and
appointed by the Secretary of Commerce.
The members of the Board shall be individuals knowledgeable by
education, training, or experience regarding fisheries or marine
ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean.
Three nominations shall be submitted for each member to be appointed
under subparagraphs (K), (L), and (M). Board members appointed under
subparagraphs (K), (L), and (M) shall serve for three-year terms, and
may be reappointed.
(4)(A) The Secretary of Commerce shall review and administer grants
recommended by the Board. If the Secretary does not approve a grant
recommended by the Board, the Secretary shall explain in writing the
reasons for not approving such grant, and the amount recommended to be
used for such grant shall be available only for other grants
recommended by the Board.
(B) Grant recommendations and other decisions of the Board shall be
by majority vote, with each member having one vote. The Board shall
establish written criteria for the submission of grant requests through
a competitive process and for deciding upon the award of grants. Grants
shall be recommended by the Board on the basis of merit in accordance
with the priorities established by the Board. The Secretary shall
provide the Board such administrative and technical support as is
necessary for the effective functioning of the Board. The Board shall
be considered an advisory panel established under section 302(g) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) for the purposes of section 302(i)(1) of such Act, and
the other procedural matters applicable to advisory panels under
section 302(i) of such Act shall apply to the Board to the extent
practicable. Members of the Board may be reimbursed for actual expenses
incurred in performance of their duties for the Board. Not more than 5
percent of the funds provided to the Secretary of Commerce under
paragraph (1) may be used to provide support for the Board and
administer grants under this subsection.
(f) Sunset.--If amounts are not assumed by the concurrent budget
resolution and appropriated from the Fund by December 15, 1998, the
Fund shall terminate and the amounts in the Fund including the accrued
interest shall be applied to reduce the Federal deficit.
TITLE V--PRIORITY LAND ACQUISITIONS, LAND EXCHANGES, AND MAINTENANCE
For priority land acquisitions, land exchange agreements, other
activities consistent with the Land and Water Conservation Fund Act of
1965, as amended, and critical maintenance to be conducted by the
Bureau of Land Management, the United States Fish and Wildlife Service,
the National Park Service and the Forest Service, $699,000,000, to be
derived from the Land and Water Conservation Fund notwithstanding any
other provision of law, to remain available until September 30, 2001,
of which $167,000,000 is available to the Secretary of Agriculture and
$532,000,000 is available to the Secretary of the Interior: Provided,
That of the funds made available to the Secretary of Agriculture, not
to exceed $65,000,000 may be used to acquire interests to protect and
preserve Yellowstone National Park, pursuant to the terms and
conditions set forth in sections 502 and 504 of this title, and
$12,000,000 may be used for the rehabilitation and maintenance of the
Beartooth Highway pursuant to section 502 of this title: Provided
further, That of the funds made available to the Secretary of the
Interior, not to exceed $250,000,000 may be used to acquire interests
to protect and preserve the Headwaters Forest, pursuant to the terms
and conditions set forth in sections 501 and 504 of this title, and
$10,000,000 may be used for a direct payment to Humboldt County,
California pursuant to section 501 of this title: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture,
after consultation with the heads of the Bureau of Land Management, the
United States Fish and Wildlife Service, the National Park Service and
the Forest Service, shall, in fiscal year 1998 and each of the
succeeding three fiscal years, jointly submit to Congress a report
listing the lands and interests in land that the Secretaries propose to
acquire or exchange and the maintenance requirements they propose to
address using funds provided under this heading for purposes other than
the purposes of sections 501 and 502 of this title: Provided further,
That none of the funds appropriated under this 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 Forest and Elk River Property Acquisition. (a)
Authorization.--Subject to the terms and conditions of this section, up
to $250,000,000 from the Land and Water Conservation Fund is authorized
to be appropriated to acquire lands referenced in the Agreement of
September 28, 1996, which consist of approximately 4,500 acres commonly
referred to as the ``Headwaters Forest'', approximately 1,125 acres
referred to as the ``Elk Head Forest'', and approximately 9,600 acres
referred to as the ``Elk River Property'', which are located in
Humboldt County, California. This section is the sole authorization for
the acquisition of such property, which is the subject of the Agreement
dated September 28, 1996 between the United States of America
(hereinafter ``United States''), the State of California, MAXXAM, Inc.,
and the Pacific Lumber Company. Of the entire Elk River Property, the
United States and the State of California are to retain approximately
1,845 acres and transfer the remaining approximately 7,755 acres of Elk
River Property to the Pacific Lumber Company. The property to be
acquired and retained by the United States and the State of California
is that property that is the subject of the Agreement of September 28,
1996 as generally depicted on maps labeled as sheets 1 through 7 of
Township 3 and 4 North, Ranges 1 East and 1 West, of the Humboldt
Meridian, California, titled ``Dependent Resurvey and Tract Survey'',
as approved by Lance J. Bishop, Chief Cadastral Surveyor--California,
on August 29, 1997. Such maps shall be on file in the Office of the
Chief Cadastral Surveyor, Bureau of Land Management, Sacramento,
California. The Secretary of the Interior is authorized to make such
typographical and other corrections to this description as are mutually
agreed upon by the parties to the Agreement of September 28, 1996. The
land retained by the United States and the State of California
(approximately 7,470 acres) shall hereafter be the ``Headwaters
Forest''. Any funds appropriated by the Federal Government to acquire
lands or interests in lands that enlarge the Headwaters Forest by more
than five acres per each acquisition shall be subject to specific
authorization enacted subsequent to this Act, except that such funds
may be used pursuant to existing authorities to acquire such lands up
to five acres per each acquisition or interests in lands that may be
necessary for roadways to provide access to the Headwaters Forest.
(b) Effective Period of Authorization.--The authorization in
subsection (a) expires March 1, 1999 and shall become effective only--
(1) when the State of California provides a $130,000,000
contribution for the transaction;
(2) when the State of California approves a Sustained Yield
Plan covering Pacific Lumber Company timber property;
(3) when the Pacific Lumber Company dismisses the following
legal actions as evidenced by instruments in form and substance
satisfactory to each of the parties to such legal actions: Pacific
Lumber Co. v. United States, No. 96-257L (Fed. Cls.) and Salmon
Creek Corp. v. California Board of Forestry, No. 96-CS-1057 (Cal.
Super. Ct.);
(4) when the incidental take permit under section 10(a) of the
Endangered Species Act (based upon a 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 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 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.
(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 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.
(B) Before a management structure and management plan are
adopted for such land, the Secretary of the Interior or the
board of trustees, as the case may be, shall submit a proposal
for the structure and plan to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources
of the House of Representatives. The proposed management plan
shall not become effective until the passage of 90 days after
its submission to the Committees.
(C) The Secretary of the Interior or the board of trustees,
as the case may be, shall report annually to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Resources of the House of Representatives, and the House and
Senate Committees on Appropriations concerning the management
of lands acquired under the authority of this section and
activities undertaken on such lands.
(2) Plan.--The management plan shall guide general management
of the Headwaters Forest. Such plan shall address the following
management issues--
(A) scientific research on forests, fish, wildlife, and
other such activities that will be fostered and permitted on
the Headwaters Forest;
(B) providing recreation opportunities on the Headwaters
Forest;
(C) access to the Headwaters Forest;
(D) construction of minimal necessary facilities within the
Headwaters Forest so as to maintain the ecological integrity of
the Headwaters Forest;
(E) other management needs; and
(F) an annual budget for the management of the Headwaters
Forest, which shall include a projected revenue schedule (such
as fees for research and recreation) and projected expenses.
(3) Compliance.--The National Environmental Policy Act shall
apply to the development and implementation of the management plan.
(j) Cooperative Management.--
(1) The Secretary of the Interior may enter into agreements
with the State of California for the cooperative management of any
of the following: Headwaters Forest, Redwood National Park, and
proximate State lands. The purpose of such agreements is to acquire
from and provide to the State of California goods and services to
be used by the Secretary and the State of California in cooperative
management of lands if the Secretary determines that appropriations
for that purpose are available and an agreement is in the best
interests of the United States; and
(2) an assignment arranged by the Secretary under section 3372
of title 5, United States Code, of a Federal or State employee for
work in any Federal or State of California lands, or an extension
of such assignment, may be for any period of time determined by the
Secretary or the State of California, as appropriate, to be
mutually beneficial.
Sec. 502. Protection and Preservation of Yellowstone National Park-
Acquisition of Crown Butte Mining Interests. (a) Authorization.--
Subject to the terms and conditions of this section, up to $65,000,000
from the Land and Water Conservation Fund is authorized to be
appropriated to acquire identified lands and interests in lands
referred to in the Agreement of August 12, 1996 to protect and preserve
Yellowstone National Park.
(b) Conditions of Acquisition Authority.--The Secretary of
Agriculture may not acquire the District Property until:
(1) the parties to the Agreement have entered into and lodged
with the United States District Court for the District of Montana a
consent decree as required under the Agreement that requires, among
other things, Crown Butte to perform response or restoration
actions (or both) or pay for such actions in accordance with the
Agreement;
(2) an appraisal of the District Property has been undertaken,
such appraisal has been reviewed for a period not to exceed 30 days
by the Comptroller General of the United States, and such appraisal
has been provided to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural Resources of
the Senate, and the House and Senate Committees on Appropriations;
(3) after the Secretary of Agriculture issues an opinion of
value to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural Resources of
the Senate, and the House and Senate Committees on Appropriations
for the land and property to be acquired by the Federal Government;
and
(4) the applicable requirements of the National Environmental
Policy Act have been met.
(c) 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
(B) pavement preservation, in conformance with a pavement
preservation plan, on the Beartooth Highway from milepost 8.4
to milepost 24.5.
(2) Rehabilitation.--The Secretary of Agriculture shall be
responsible for conducting rehabilitation and minor widening of the
portion of the Beartooth Highway in Wyoming that runs from milepost
24.5 to milepost 43.1.
(3) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture--
(A) for snow removal and pavement preservation under
paragraph (1), $2,000,000; and
(B) for rehabilitation under paragraph (2), $10,000,000.
(4) Availability of funds.--Within 30 days of the acquisition
of lands and interests in lands pursuant to this section, the funds
authorized in subsection (e)(3) and appropriated herein for that
purpose shall be made available to the Secretary of Agriculture.
(f) Response and Restoration Plan.--The Administrator of the
Environmental Protection Agency and the Secretary of Agriculture shall
approve or prepare a plan for response and restoration activities to be
undertaken pursuant to the Agreement and a quarterly accounting of
expenditures made pursuant to such plan. The plan and accountings shall
be transmitted to the Committee on Resources of the House of
Representatives, the Senate Committee on Energy and Natural Resources
and the House and Senate Committees on Appropriations.
(g) Map.--The Secretary of Agriculture shall provide to the
Committee on Resources of the House of Representatives, the Senate
Committee on Energy and Natural Resources and the House and Senate
Committees on Appropriations, a map depicting the acreage to be
acquired pursuant to this section.
(h) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the agreement in
principle, concerning the District Property, entered into on August
12, 1996 by Crown Butte Mines, Inc., Crown Butte Resources Ltd.,
Greater Yellowstone Coalition, Northwest Wyoming Resource Council,
Sierra Club, Gallatin Wildlife Association, Wyoming Wildlife
Federation, Montana Wildlife Federation, Wyoming Outdoor Council,
Beartooth Alliance, and the United States of America, with such
other changes mutually agreed to by the parties.
(2) Beartooth highway.--The term ``Beartooth Highway'' means
the portion of United States Route 212 that runs from the northeast
entrance of Yellowstone National Park near Silver Gate, Montana,
into and through Wyoming to Red Lodge, Montana.
(3) Crown butte.--The term ``Crown Butte'' means Crown Butte
Mines, Inc. and Crown Butte Resources Ltd., acting jointly.
(4) District property.--The term ``District Property'' means
the portion of the real property interests specifically described
as District Property in appendix B of the Agreement.
(5) New world mining district.--The term ``New World Mining
District'' means the New World Mining District as specifically
described in appendix A of the Agreement.
Sec. 503. Conveyance to State of Montana. (a) Conveyance
Requirement.--Not later than January 1, 2001, but not prior to 180 days
after the enactment of this Act, the Secretary of the Interior shall
convey to the State of Montana, without consideration, all right,
title, and interest of the United States in and to--
(1) $10,000,000 in Federal mineral rights in the State of
Montana agreed to by the Secretary of the Interior and the Governor
of Montana through negotiations in accordance with 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 acquisitions authorized by sections 501 and 502 of
this title may not occur prior to the earlier of: (1) 180 days after
enactment of this Act; or (2) enactment of separate authorizing
legislation that modifies section 501, 502, or 503 of this title.
Within 120 days of enactment, the Secretary of the Interior and the
Secretary of Agriculture, respectively, shall submit to the Committee
on Resources of the House of Representatives, the Senate Committee on
Energy and Natural Resources and the House and Senate Committees on
Appropriations, reports detailing the status of efforts to meet the
conditions set forth in this title imposed on the acquisition of the
interests to protect and preserve the Headwaters Forest and the
acquisition of interests to protect and preserve Yellowstone National
Park. For every day beyond 120 days after the enactment of this Act
that the appraisals required in subsections 501(b)(5) and 502(b)(2) are
not provided to the Committee on Resources of the House, the Committee
on Energy and Natural Resources of the Senate and the House and Senate
Committees on Appropriations in accordance with such subsections, the
180-day period referenced in this section shall be extended by one day.
Sec. 505. The Land and Water Conservation Fund Act of 1965 (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 I of that Act following section 12.
TITLE VI--FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF
Sec. 601. Short Title.--This title may be cited as the ``Forest
Resources Conservation and Shortage Relief Act of 1997''.
Sec. 602. (a) Use of Unprocessed Timber-Limitation on Substitution
of Unprocessed Federal Timber for Unprocessed Timber From Private
Land.--Section 490 of the Forest Resources Conservation and Shortage
Relief Act of 1990 (16 U.S.C. 620b) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``paragraph (3) and''
after ``provided in''; and
(B) by adding at the end the following:
``(3) Applicability.--In the case of the purchase by a person
of unprocessed timber originating from Federal lands west of the
119th meridian in the State of Washington, paragraph (1) shall
apply only if--
``(A) the private lands referred to in paragraph (1) are
owned by the person; or
``(B) the person has the exclusive right to harvest timber
from the private lands described in paragraph (1) during a
period of more than 7 years, and may exercise that right at any
time of the person's choosing.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Approval of'';
(B) in paragraph (2)--
(i) in the paragraph heading, by inserting ``for
sourcing areas for processing facilities located outside
the northwestern private timber open market area''; after
``Application''; and
(ii) in subparagraph (A), by inserting ``(except
private land located in the northwestern private timber
open market area)'' after ``lands'';
(C) in paragraph (3)--
(i) in the paragraph heading, by inserting ``for
sourcing areas for processing facilities located outside of
the northwestern private timber open market area.--(A) In
general''; after ``approval''; and
(ii) by striking the last sentence of paragraph (3) and
adding at the end the following:
``(B) For timber manufacturing facilities located in
idaho.--Except as provided in subparagraph (D), in making a
determination referred to in subparagraph (A), the Secretary
concerned shall consider the private timber export and the
private and Federal timber sourcing patterns for the
applicant's timber manufacturing facilities, as well as the
private and Federal timber sourcing patterns for the timber
manufacturing facilities of other persons in the same local
vicinity of the applicant, and the relative similarity of such
private and Federal timber sourcing patterns.
``(C) For timber manufacturing facilities located in states
other than idaho.--Except as provided in subparagraph (D), in
making the determination referred to in subparagraph (A), the
Secretary concerned shall consider the private timber export
and the Federal timber sourcing patterns for the applicant's
timber manufacturing facilities, as well as the Federal timber
sourcing patterns for the timber manufacturing facilities of
other persons in the same local vicinity of the applicant, and
the relative similarity of such Federal timber sourcing
patterns. Private timber sourcing patterns shall not be a
factor in such determinations in States other than Idaho.
``(D) Area not included.--In deciding whether to approve or
disapprove an application, the Secretary shall not--
``(i) consider land located in the northwestern private
timber open market area; or
``(ii) condition approval of the application on the
inclusion of any such land in the applicant's sourcing
area, such land being includable in the sourcing area only
to the extent requested by the applicant.'';
(D) in paragraph (4), in the paragraph heading, by
inserting ``for sourcing areas for processing facilities
located outside the northwestern private timber open market
area''; after ``application'';
(E) in paragraph (5), in the paragraph heading, by
inserting ``for sourcing areas for processing facilities
located outside the northwestern private timber open market
area''; after ``Determinations''; and
(F) by adding at the end the following:
``(6) Sourcing areas for processing facilities located in the
northwestern private timber open market area.--
``(A) Establishment.--In the northwestern private timber
open market area--
``(i) a sourcing area boundary shall be a circle around
the processing facility of the sourcing area applicant or
holder;
``(ii) the radius of the circle--
``(I) shall be the furthest distance that the
sourcing area applicant or holder proposes to haul
Federal timber for processing at the processing
facility; and
``(II) shall be determined solely by the sourcing
area applicant or holder;
``(iii) a sourcing area shall become effective on
written notice to the Regional Forester for Region 6 of the
Forest Service of the location of the boundary of the
sourcing area;
``(iv) the 24-month requirement in paragraph (1)(A)
shall not apply;
``(v) a sourcing area holder--
``(I) may adjust the radius of the sourcing area
not more frequently than once every 24 months; and
``(II) shall provide written notice to the Regional
Forester for Region 6 of the adjusted boundary of its
sourcing area before using the adjusted sourcing area;
and
``(vi) a sourcing area holder that relinquishes a
sourcing area may not reestablish a sourcing area for that
processing facility before the date that is 24 months after
the date on which the sourcing area was relinquished.
``(B) Transition.--With respect to a portion of a sourcing
area established before the date of enactment of this paragraph
that contains Federal timber under contract before that date
and is outside the boundary of a new sourcing area established
under subparagraph (A)--
``(i) that portion shall continue to be a sourcing area
only until unprocessed Federal timber from the portion is
no longer in the possession of the sourcing area holder;
and
``(ii) unprocessed timber from private land in that
portion shall be exportable immediately after unprocessed
timber from Federal land in the portion is no longer in the
possession of the sourcing area holder.
``(7) Relinquishment and termination of sourcing areas.--
``(A) In general.--A sourcing area may be relinquished at
any time.
``(B) Effective date.--A relinquishment of a sourcing area
shall be effective as of the date on which written notice is
provided by the sourcing area holder to the Regional Forester
with jurisdiction over the sourcing area where the processing
facility of the holder is located.
``(C) Exportability.--
``(i) In general.--On relinquishment or termination of
a sourcing area, unprocessed timber from private land
within the former boundary of the relinquished or
terminated sourcing area is exportable immediately after
unprocessed timber from Federal land from within that area
is no longer in the possession of the former sourcing area
holder.
``(ii) No restriction.--The exportability of
unprocessed timber from private land located outside of a
sourcing area shall not be restricted or in any way
affected by relinquishment or termination of a sourcing
area.''; and
(3) by adding at the end the following:
``(d) Domestic Transportation and Processing of Private Timber.--
Nothing in this section restricts or authorizes any restriction on the
domestic transportation or processing of timber harvested from private
land, except that the Secretary may prohibit processing facilities
located in the State of Idaho that have sourcing areas from processing
timber harvested from private land outside of the boundaries of those
sourcing areas.''.
(b) Restriction of Exports of Unprocessed Timber From State and
Public Land.--Section 491(b)(2) of the Forest Resources Conservation
and Shortage Relief Act of 1990 (16 U.S.C. 620c(b)(2)) is amended--
(1) by striking ``the following'' and all that follows through
``(A) The Secretary'' and inserting ``the Secretary'';
(2) by striking ``during the period beginning on June 1, 1993,
and ending on December 31, 1995'' and inserting ``as of the date of
enactment of the Forest Resources Conservation and Shortage Relief
Act of 1997''; and
(3) by striking subparagraph (B).
Sec. 603. Monitoring and Enforcement.--Section 492 of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620d)
is amended--
(1) in subsection (c)(2), by adding at the end the following:
``(C) Mitigation of penalties.--
``(i) In general.--The Secretary concerned--
``(I) in determining the applicability of any
penalty imposed under this paragraph, shall take into
account all relevant mitigating factors, including
mistake, inadvertence, and error; and
``(II) based on any mitigating factor, may, with
respect to any penalty imposed under this paragraph--
``(aa) reduce the penalty;
``(bb) not impose the penalty; or
``(cc) on condition of there being no further
violation under this paragraph for a prescribed
period, suspend imposition of the penalty.
``(ii) Contractural remedies.--In the case of a minor
violation of this title (including a regulation), the
Secretary concerned shall, to the maximum extent
practicable, permit a contracting officer to redress the
violation in accordance with the applicable timber sale
contract rather than assess a penalty under this
paragraph.''; and
(2) in subsection (d)(1)--
(A) by striking ``The head'' and inserting the following:
``(A) In general.--Subject to subparagraph (B), the head'';
and
(B) by adding at the end the following:
``(B) Prerequisites for debarment.--
``(i) In general.--No person may be debarred from
bidding for or entering into a contract for the purchase of
unprocessed timber from Federal lands under subparagraph
(A) unless the head of the appropriate Federal department
or agency first finds, on the record and after an
opportunity for a hearing, that debarment is warranted.
``(ii) Withholding of awards during debarment
proceedings.--The head of an appropriate Federal department
or agency may withhold an award under this title of a
contract for the purchase of unprocessed timber from
Federal lands during a debarment proceeding.''.
Sec. 604. Definitions.--Section 493 of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620e) is
amended--
(1) by redesignating paragraphs (3) through (8) as paragraphs
(5) through (10), respectively;
(2) by inserting after paragraph (2) the following:
``(3) Minor violation.--The term `minor violation' means a
violation, other than an intentional violation, involving a single
contract, purchase order, processing facility, or log yard
involving a quantity of logs that is less than 25 logs and has a
total value (at the time of the violation) of less than $10,000.
``(4) Northwestern private timber open market area.--The term
`northwestern private timber open market area' means the State of
Washington.'';
(3) in subparagraph (B)(ix) of paragraph (9) (as redesignated
by paragraph (1))--
(A) by striking ``Pulp logs or cull logs'' and inserting
``Pulp logs, cull logs, and incidental volumes of grade 3 and 4
sawlogs'';
(B) by inserting ``primary'' before ``purpose''; and
(C) by striking the period at the end and inserting: ``, or
to the extent that a small quantity of such logs are processed,
into other products at domestic processing facilities.''; and
(4) by adding at the end the following:
``(11) Violation.--The term `violation' means a violation of
this Act (including a regulation issued to implement this Act) with
regard to a course of action, including--
``(A) in the case of a violation by the original purchaser
of unprocessed timber, an act or omission with respect to a
single timber sale; and
``(B) in the case of a violation of a subsequent purchaser
of the timber, an act or omission with respect to an operation
at a particular processing facility or log yard.''.
Sec. 605. Regulations.--Section 495(a) of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620f(a)) is
amended--
(1) by striking ``The Secretaries'' and inserting the
following:
``(1) Agriculture and interior.--The Secretaries'';
(2) by striking ``The Secretary of Commerce'' and inserting the
following:
``(2) Commerce.--The Secretary of Commerce''; and
(3) by striking the last sentence and inserting the following:
``(3) Deadline.--
``(A) In general.--Except as otherwise provided in this
title, regulations and guidelines required under this
subsection shall be issued not later than June 1, 1998.
``(B) The regulations and guidelines issued under this
title that were in effect prior to September 8, 1995 shall
remain in effect until new regulations and guidelines are
issued under subparagraph (A).
``(4) Painting and branding.--
``(A) In general.--The Secretary concerned shall issue
regulations that impose reasonable painting, branding, or other
forms of marking or tracking requirements on unprocessed timber
if--
``(i) the benefits of the requirements outweigh the
cost of complying with the requirements; and
``(ii) the Secretary determines that, without the
requirements, it is likely that the unprocessed timber--
``(I) would be exported in violation of this title;
or
``(II) if the unprocessed timber originated from
Federal lands, would be substituted for unprocessed
timber originating from private lands west of the 100th
Meridian in the contiguous 48 States in violation of
this title.
``(B) Minimum size.--The Secretary concerned shall not
impose painting, branding, or other forms of marking or
tracking requirements on--
``(i) the face of a log that is less than 7 inches in
diameter; or
``(ii) unprocessed timber that is less than 8 feet in
length or less than \1/3\ sound wood.
``(C) Waivers.--
``(i) In general.--The Secretary concerned may waive
log painting and branding requirements--
``(I) for a geographic area, if the Secretary
determines that the risk of the unprocessed timber
being exported from the area or used in substitution is
low;
``(II) with respect to unprocessed timber
originating from private lands located within an
approved sourcing area for a person who certifies that
the timber will be processed at a specific domestic
processing facility to the extent that the processing
does occur; or
``(III) as part of a log yard agreement that is
consistent with the purposes of the export and
substitution restrictions imposed under this title.
``(ii) Review and termination of waivers.--A waiver
granted under clause (i)--
``(I) shall, to the maximum extent practicable, be
reviewed once a year; and
``(II) shall remain effective until terminated by
the Secretary.
``(D) Factors.--In making a determination under this
paragraph, the Secretary concerned shall consider--
``(i) the risk of unprocessed timber of that species,
grade, and size being exported or used in substitution;
``(ii) the location of the unprocessed timber and the
effect of the location on its being exported or used in
substitution;
``(iii) the history of the person involved with respect
to compliance with log painting and branding requirements;
and
``(iv) any other factor that is relevant to determining
the likelihood of the unprocessed timber being exported or
used in substitution.
``(5) Reporting.--
``(A) In general.--Subject to subparagraph (B), the
Secretary concerned shall issue regulations that impose
reasonable documentation and reporting requirements if the
benefits of the requirements outweigh the cost of complying
with the requirements.
``(B) Waivers.--
``(i) In general.--The Secretary concerned may waive
documentation and reporting requirements for a person if--
``(I) an audit of the records of the facility of
the person reveals substantial compliance with all
notice, reporting, painting, and branding requirements
during the preceding year; or
``(II) the person transferring the unprocessed
timber and the person processing the unprocessed timber
enter into an advance agreement with the Secretary
concerned regarding the disposition of the unprocessed
timber by domestic processing.
``(ii) Review and termination of waivers.--A waiver
granted under clause (i)--
``(I) shall, to the maximum extent practicable, be
reviewed once a year; and
``(II) shall remain effective until terminated by
the Secretary.''.
TITLE VII--MICCOSUKEE SETTLEMENT
Sec. 701. Short Title.--This title may be cited as the ``Miccosukee
Settlement Act of 1997''.
Sec. 702. Congressional Findings.--Congress finds that:
(1) There is pending before the United States District Court
for the Southern District of Florida a lawsuit by the Miccosukee
Tribe that involves the taking of certain tribal lands in
connection with the construction of highway Interstate 75 by the
Florida Department of Transportation.
(2) The pendency of the lawsuit referred to in paragraph (1)
clouds title of certain lands used in the maintenance and operation
of the highway and hinders proper planning for future maintenance
and operations.
(3) The Florida Department of Transportation, with the
concurrence of the Board of Trustees of the Internal Improvements
Trust Fund of the State of Florida, and the Miccosukee Tribe have
executed an agreement for the purpose of resolving the dispute and
settling the lawsuit.
(4) The agreement referred to in paragraph (3) requires the
consent of Congress in connection with contemplated land transfers.
(5) The Settlement Agreement is in the interest of the
Miccosukee Tribe, as the Tribe will receive certain monetary
payments, new reservation lands to be held in trust by the United
States, and other benefits.
(6) Land received by the United States pursuant to the
Settlement Agreement is in consideration of Miccosukee Indian
Reservation lands lost by the Miccosukee Tribe by virtue of
transfer to the Florida Department of Transportation under the
Settlement Agreement.
(7) The lands referred to in paragraph (6) as received by the
United States will be held in trust by the United States for the
use and benefit of the Miccosukee Tribe as Miccosukee Indian
Reservation lands in compensation for the consideration given by
the Tribe in the Settlement Agreement.
(8) Congress shares with the parties to the Settlement
Agreement a desire to resolve the dispute and settle the lawsuit.
Sec. 703. Definitions.--In this title:
(1) Board of trustees of the internal improvements trust
fund.--The term ``Board of Trustees of the Internal Improvements
Trust Fund'' means the agency of the State of Florida holding legal
title to and responsible for trust administration of certain lands
of the State of Florida, consisting of the Governor, Attorney
General, Commissioner of Agriculture, Commissioner of Education,
Controller, Secretary of State, and Treasurer of the State of
Florida, who are Trustees of the Board.
(2) Florida department of transportation.--The term ``Florida
Department of Transportation'' means the executive branch
department and agency of the State of Florida that--
(A) is responsible for the construction and maintenance of
surface vehicle roads, existing pursuant to section 20.23,
Florida Statutes; and
(B) has the authority to execute the Settlement Agreement
pursuant to section 334.044, Florida Statutes.
(3) Lawsuit.--The term ``lawsuit'' means the action in the
United States District Court for the Southern District of Florida,
entitled Miccosukee Tribe of Indians of Florida v. State of Florida
and Florida Department of Transportation, et al., docket No. 6285-
Civ-Paine.
(4) Miccosukee lands.--The term ``Miccosukee lands'' means
lands that are--
(A) held in trust by the United States for the use and
benefit of the Miccosukee Tribe as Miccosukee Indian
Reservation lands; and
(B) identified pursuant to the Settlement Agreement for
transfer to the Florida Department of Transportation.
(5) Miccosukee tribe; tribe.--The terms ``Miccosukee Tribe''
and ``Tribe'' mean the Miccosukee Tribe of Indians of Florida, a
tribe of American Indians recognized by the United States and
organized under section 16 of the Act of June 18, 1934 (48 Stat.
987, chapter 576; 25 U.S.C. 476) and recognized by the State of
Florida pursuant to chapter 285, Florida Statutes.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(7) Settlement agreement; agreement.--The terms ``Settlement
Agreement'' and ``Agreement'' mean the assemblage of documents
entitled ``Settlement Agreement'' (with incorporated exhibits)
that--
(A) addresses the lawsuit; and
(B)(i) was signed on August 28, 1996, by Ben G. Watts
(Secretary of the Florida Department of Transportation) and
Billy Cypress (Chairman of the Miccosukee Tribe); and
(ii) after being signed, as described in clause (i), was
concurred in by the Board of Trustees of the Internal
Improvements Trust Fund of the State of Florida.
(8) State of florida.--The term ``State of Florida'' means--
(A) all agencies or departments of the State of Florida,
including the Florida Department of Transportation and the
Board of Trustees of the Internal Improvements Trust Fund; and
(B) the State of Florida as a governmental entity.
Sec. 704. Ratification.--The United States approves, ratifies, and
confirms the Settlement Agreement.
Sec. 705. Authority of Secretary.--As Trustee for the Miccosukee
Tribe, the Secretary shall--
(1)(A) aid and assist in the fulfillment of the Settlement
Agreement at all times and in a reasonable manner; and
(B) to accomplish the fulfillment of the Settlement Agreement
in accordance with subparagraph (A), cooperate with and assist the
Miccosukee Tribe;
(2) upon finding that the Settlement Agreement is legally
sufficient and that the State of Florida has the necessary
authority to fulfill the Agreement--
(A) sign the Settlement Agreement on behalf of the United
States; and
(B) ensure that an individual other than the Secretary who
is a representative of the Bureau of Indian Affairs also signs
the Settlement Agreement;
(3) upon finding that all necessary conditions precedent to the
transfer of Miccosukee land to the Florida Department of
Transportation as provided in the Settlement Agreement have been or
will be met so that the Agreement has been or will be fulfilled,
but for the execution of that land transfer and related land
transfers--
(A) transfer ownership of the Miccosukee land to the
Florida Department of Transportation in accordance with the
Settlement Agreement, including in the transfer solely and
exclusively that Miccosukee land identified in the Settlement
Agreement for transfer to the Florida Department of
Transportation; and
(B) in conjunction with the land transfer referred to in
subparagraph (A), transfer no land other than the land referred
to in that subparagraph to the Florida Department of
Transportation; and
(4) upon finding that all necessary conditions precedent to the
transfer of Florida lands from the State of Florida to the United
States have been or will be met so that the Agreement has been or
will be fulfilled but for the execution of that land transfer and
related land transfers, receive and accept in trust for the use and
benefit of the Miccosukee Tribe ownership of all land identified in
the Settlement Agreement for transfer to the United States.
Sec. 706. Miccosukee Indian Reservation Lands.--The lands
transferred and held in trust for the Miccosukee Tribe under section
705(4) shall be Miccosukee Indian Reservation lands.
Sec. 707. Miscellaneous. (a) Rule of Construction.-- Nothing in
this Act or the Settlement Agreement shall--
(1) affect the eligibility of the Miccosukee Tribe or its
members to receive any services or benefits under any program of
the Federal Government; or
(2) diminish the trust responsibility of the United States to
the Miccosukee Tribe and its members.
(b) No Reductions in Payments.--No payment made pursuant to this
Act or the Settlement Agreement shall result in any reduction or denial
of any benefits or services under any program of the Federal Government
to the Miccosukee Tribe or its members, with respect to which the Tribe
or the members of the Tribe are entitled or eligible because of the
status of--
(1) the Miccosukee Tribe as a federally recognized Indian
tribe; or
(2) any member of the Miccosukee Tribe as a member of the
Tribe.
(c) Taxation.--
(1) In general.--
(A) 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.
(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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.