[House Report 106-458]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-458
======================================================================
RESOURCES REPORTS RESTORATION ACT
_______
November 8, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3002]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3002) to provide for the continued preparation of certain
useful reports concerning public lands, Native Americans,
fisheries, wildlife, insular areas, and other natural
resources-related matters, and to repeal provisions of law
regarding terminated reporting requirements concerning such
matters, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 3002 is to provide for the continued
preparation of certain useful reports concerning public lands,
Native Americans, fisheries, wildlife, insular areas and other
natural resources- related matters, and to repeal provisions of
law regarding terminated reported requirements concerning such
matters.
Background and Need for Legislation
Section 3003 of the Federal Reports Elimination and Sunset
Act of 1997 (FRESA, Public Law 104-66) terminates all reports
to Congress contained in House Document 103-7 as of December
21, 1999. This document lists statutorily-required reports to
Congress from various Executive branch agencies and was issued
by the Clerk of the House in January 1993.
The philosophy of FRESA is to ``alleviate the paperwork
burden on Executive Branch agencies.'' Certainly the reduction
of unnecessary paperwork is a worthy goal but some
consideration should be given as to why a statute mandates a
certain report and how this information is used by the Congress
and the public. In the case of the Committee on Resources, this
information greatly aids oversight activities and the
development of legislation. The reports also provide the public
with valuable insight in how federal tax dollars are being
spent.
Without action by Congress, many critical reports will be
lost before the end of the year, requiring extensive amendments
to underlying statutory authorities to reinstate the reports.
To date, only a single House committee has passed legislation
reinstating its critical reports so far, and others are just
awakening to this problem. Absent action by the Committee on
Government Reform to delay or modify the effect of FRESA, each
committee will have to act to preserve its critical reports.
This bill represents that effort.
The Resources Reports Restoration Act will restore 128
reports critical to the oversight operations of the Committee
eliminated by Public Law 104-66. A complete list is appended to
this report (Appendix A), but the restored reports include:
Implementation costs of the Endangered Species Act;
Notices of withdrawals of public lands;
Governing international fishery agreements;
Financial disclosure for certain employees of the
Department of the Interior;
Rehabilitation needs for National Forest System
lands;
Threatened areas on the National Register of Historic
Places;
Management plans for National Parks;
Proposed oil and gas leasing programs on the Outer
Continental Shelf;
Proposals for projects under the Small Reclamation
Projects Act;
Audits of financial assistance provided to the
insular areas of the United States;
Council on Environmental Quality annual report.
The bill also makes technical changes to some underlying
laws which authorize repealed or sunsetted reports.
The Committee did not expect to enact lengthy legislation
to preserve reports that it had authored in permanent law. When
the House of Representatives first considered the underlying
bill for FRESA, it specifically listed 150 reporting
requirements which would be eliminated and modified. This list
was prepared by the Committee on Government Reform and
Oversight after consultation with the various committees of the
House, including the Committee on Resources. Unfortunately,
section 3003--a Senate provision--remained undisclosed to most
House committees until March 25, 1999, when the Chairman of the
Committee on Government Reform sent a letter to committee
chairmen warning them of the effects of section 3003 and its
rapidly approaching deadline.
This tardy notice was compounded by the unavailability of
the House Document referenced by section 3003 which was the
only source for determining which reporting requirements were
affected by the termination. The Clerk of House finally posted
the document on the Clerk's web page during the summer of 1999.
House Document 103-7 itself was the source of many problems.
First, the publication covered more than mere reports to
Congress--it also addressed other submissions such as draft
legislation, copies of environmental impact statements, budget
documents, and copies of intergovernmental agreements. Few
realized the wide-ranging impact of the termination of
otherwise innocently termed ``reports.'' Second, the
publication failed to list every report to Congress, creating
confusion over which reports were affected. Third, it contained
errors in report titles and statutory sources, creating great
hurdles in identifying the underlying reports. Finally, it
listed reporting requirements which had already been satisfied
by the submission of the required materials to Congress and
listed reporting requirements which had been repealed.
Working from House Document 103-7, staff compiled an
initial list of reports which appeared to affect Resources
Committee issues. After identifying the correct statutory
source for each of the reports, staff then eliminated those
reports which were repealed, satisfied, otherwise overtaken by
events, or not in the Committee's jurisdiction. The remaining
reports were then exempted from the operation of section 3003--
thus preserving them for use by the Committee and the public--
in subsection (a) of the bill. Based on recommendations of the
Office of Legislative Counsel, subsections (b) and (c) contain
amendments to several (but not all) statutory reporting
provisions which have been repealed or sunsetted. Time
constraints preclude additional ``mop-up'' work in this area,
but the Committee intends to work on technical amendments in
another vehicle soon.
Committee Action
H.R. 3002 was introduced on October 4, 1999, by Congressman
Don Young (R-AK). The bill was referred to the Committee on
Resources. On October 6, 1999, the Full Resources Committee met
to consider the bill. No amendments were offered and the bill
was ordered favorably reported to the House of Representatives
by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 29, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3002, the
Resources Reports Restoration Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll (for federal costs), Marjorie Miller (for the state and
local impact), and Keith Mattrick (for the private-sector
impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3002--Resources Reports Restoration Act
Summary: Under current law, certain federal and nonfederal
reporting requirements will expire on December 21, 1999. H.R.
3002 would require certain land and resource management
agencies to continue to prepare 128 of these reports. Based on
information from several of these agencies, CBO estimates that
extending these reporting requirements would cost about $1
million a year starting in fiscal year 2001, subject to the
availability of appropriated funds. The bill would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
H.R. 3002 contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA), but CBO estimates that
the costs of these mandates would be small--well below the
threshold established in that act ($50 million in 1996,
adjusted annually for inflation). A few of the reporting
requirements that would be reinstated by this bill are mandates
currently imposed on the governments of U.S. territories.
Reinstating those requirements would be new mandates.
H.R. 3002 would impose a private-sector mandate by making
permanent a requirement on two private foundations to submit
annual reports to the Congress. CBO estimates that the direct
costs of the mandate would fall well below the threshold
established in UMRA ($100 million in 1996, adjusted annually
for inflation).
Estimated cost to the Federal Government: Several federal
agencies, including the Department of the Interior's land and
resource management agencies, the Forest Service, the
Department of Energy, the Environmental Protection Agency, the
Council for Environmental Quality, the Department of Commerce,
and the Department of Justice, are responsible for the reports
that would be continued under H.R. 3002. The contents of these
reports vary from routine reports on resource data, updateson
specific projects or programs, financial and audit reports, to
comprehensive reports on the performance of large programs.
H.R. 3002 references some reports that are not submitted by
agencies now, or that replicate data compiled and submitted in
other reports. Based on information provided by several
agencies, CBO estimates that less than a dozen of the reports
that would be continued under the bill cost more than $50,000
annually to prepare. These include reports prepared by the
Department of Energy, the Council on Environmental Quality, the
Environmental Protection Agency, and agencies within the
Department of the Interior. We estimate that continuing about
half of the reports listed in the bill would not affect
spending because agencies plan to continue to prepare them
after the requirement to do so expires, or because agencies
currently expend little effort to meet the reporting
requirements. For other reports cited in the bill, we estimate
that agencies would incur annual costs of $5,000 to $15,000 to
continue preparing reports. In total, CBO estimates that
implementing H.R. 3002 would increase discretionary spending by
about $1 million a year over the 2001-2004 period, assuming
appropriation of the necessary amounts.
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
Under current law, the governments of U.S. territories must
prepare comprehensive annual financial reports, publish these
reports, and submit them to the Congress and to the Secretary
of the Interior. The requirements that the territories submit
these reports to the Congress would sunset under current law,
but would be restored by H.R. 3002. Restoring these
requirements would be mandates as defined in UMRA, but the cost
would be small--well below the UMRA threshold ($50 million in
1996, adjusted annually for inflation). H.R. 3002 would
reinstate a number of other reporting requirements that effect
U.S. territories, but the rest are all conditions of federal
assistance, and thus would not constitute mandates.
Estimated impact on the private sector: Current law, which
is set to expire on December 21, 1999, requires two private
foundations--the National Park Foundation and the National Fish
and Wildlife Foundation--to submit annual reports on their
activities to the Congress. The foundations were established as
federally chartered corporations by the Congress to accept and
administer donations toward natural and cultural resource
conservation programs. H.R. 3002 would make the reporting
requirement on the foundations permanent. Based on information
provided by the foundations, CBO estimates that the direct
cost, if any, of extending the existing mandate would be
minimal and thus would fall well below the annual threshold
established in UMRA ($100 million in 1996, adjusted annually
for inflation).
Estimate prepared by: Federal costs: Megan Caroll; Impact
on State, local, and tribal governments: Marjorie Miller;
Impact on the private sector: Keith Mattrick.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates as defined in
Public Law 104-4.
Preemption of State, Local, or Tribal Law
This bill is not intended to preempt any State, local, or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992
* * * * * * *
TITLE II--CENTRAL UTAH PROJECT CONSTRUCTION
* * * * * * *
SEC. 211. AUDIT OF CENTRAL UTAH PROJECT COST ALLOCATIONS.
Not later than one year after the date on which the Secretary
declares the Central Utah Project to be substantially complete,
the Comptroller General of the United States shall conduct an
audit of the allocation of costs of the Central Utah Project to
irrigation, municipal and industrial, and other project
purposes and submit a report of such audit to the Secretary
[and to the Congress]. The audit shall be conducted in
accordance with regulations which the Comptroller General shall
prescribe not later than one year after the date of enactment
of this Act. Upon a review of such report, the Secretary shall
reallocate such costs as may be necessary. Any amount allocated
to municipal and industrial water in excess of the total
maximum repayment obligation contained in repayment contracts
dated December 28, 1965, and November 26, 1985, shall be
deferred for as long as the District is not found to be in
substantial noncompliance with the water management improvement
program provided in section 207 and the stream flows provided
in title III are maintained. If at any time the Secretary finds
that such program is in substantial noncompliance or that such
stream flows are not being maintained, the Secretary shall,
within six months of such finding and after public notice, take
action to initiate repayment of all such reimbursable costs.
* * * * * * *
TITLE XVIII--GRAND CANYON PROTECTION
* * * * * * *
SEC. 1804. GLEN CANYON DAM ENVIRONMENTAL IMPACT STATEMENT; LONG-TERM
OPERATION OF GLEN CANYON DAM.
(a) * * *
(b) Audit.--The Comptroller General shall--
(1) * * *
(2) report the results of the audit to the Secretary
[and the Congress].
* * * * * * *
----------
SECTION 122 OF THE ACT OF DECEMBER 19, 1985
AN ACT Making appropriations for the Department of Defense for the
fiscal year ending September 30, 1986, and for other purposes.
Sec. 122. None of the funds made available by this or any
other Act for fiscal year 1986 to the Office of the Secretary,
Department of the Interior, shall be expended to submit to the
United States District Court for Eastern California any
settlement with respect to Westlands Water District v. United
States, et al., (CV-F-81-245-EDP) [until: (1) April 15, 1986,
and (2) until the Congress has received from the Secretary and
reviewed for a period of 30 days a copy of the proposed
settlement agreement which has been approved and signed by the
Secretary.] until April 15, 1986.
----------
PETROGLYPH NATIONAL MONUMENT ESTABLISHMENT ACT OF 1990
* * * * * * *
TITLE I--PETROGLYPH NATIONAL MONUMENT
* * * * * * *
SEC. 108. GENERAL MANAGEMENT PLAN.
(a) Within 3 years from the date funding is made available
for the purposes of this section, the Secretary, in cooperation
with the city and the State, shall develop [and transmit to the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Interior and Insular Affairs of the
United States House of Representatives,] a general management
plan for the monument consistent with the purposes of this
title, including, but not limited to--
* * * * * * *
(c) The Secretary shall undertake, in consultation and
cooperation with appropriate New Mexico Indian tribes and their
civil officials, research on other Rio Grande style rock art
sites on Federal lands in New Mexico, and through cooperative
agreements with State and willing private landowners, on non-
Federal lands. [The Secretary shall provide the Committee on
Energy and Natural Resources of the United States Senate and
the Committee on Interior and Insular Affairs of the United
States House of Representatives within 3 years of the date
funding is made available for the purposes of this section, a
report that--
[(1) lists various locations of Rio Grande style rock
art;
[(2) identifies the ownership of the rock art;
[(3) identifies the condition of the resources; and
[(4) identifies the appropriate type of technical
assistance needed for the protection and care of these
resources.
The report shall be updated and transmitted to such committees
every 2 years thereafter.]
* * * * * * *
TITLE II--PECOS NATIONAL HISTORICAL PARK
* * * * * * *
Sec. 205. Within 3 full fiscal years from the date funding is
made available for the purposes of preparing a general
management plan, the Secretary shall develop [and transmit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Interior and Insular Affairs of the House of
Representatives,] a general management plan for the park
consistent with the purposes of this title, including (but not
limited to)--
* * * * * * *
----------
SECTION 6 OF THE WEIR FARM NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF
1990
SEC. 6. ADMINISTRATION OF HISTORIC SITE.
(a) * * *
* * * * * * *
(d) General Management Plan.--Within 2 complete fiscal years
after the date of the enactment of this Act, the Secretary
shall [submit to the Committee on Interior and Insular Affairs
of the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United States
Senate] prepare a general management plan for the historic
site. The plan shall be prepared in accordance with section
12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-1 through 1a-
7) and other applicable law.
----------
ACT OF JUNE 5, 1978
AN ACT To provide for the establishment of the Lowell National
Historical Park in the Commonwealth of Massachusetts, and for other
purposes.
* * * * * * *
TITLE I--ESTABLISHMENT OF PARK AND PRESERVATION DISTRICT
establishments; boundaries
Sec. 101. (a) * * *
* * * * * * *
(b) The Secretary may make minor revisions of the park and
preservation district boundaries established under subsection
(a)(1) of this section, after consulting with the Commission
and the city mangaer of Lowell, by publication of a revised
drawing or other boundary description in the Federal Register;
but no waters, lands or other property outside of the park or
preservation district boundaries established under such
subsection may be added to the park or preservation district
without the consent of the city manager of Lowell and the city
council of Lowell. [A boundary revision made under this
subsection shall be effective only after timely notice in
writing is given to Congress.]
* * * * * * *
authorization of appropriations
Sec. 103. (a) * * *
* * * * * * *
[(d)(1) Within 60 days after the date of the enactment of
this Act, and on each subsequent October 1 and March 1, the
Secretary shall submit to the Congress a statement certifying
the aggregate amount of money expended by the Commonwealth of
Massachusetts, the city of Lowell consistent with the purpose
of this Act during the period beginning on January 1, 1974, and
ending on the date such statement is submitted.
[(2) The aggregate amount of funds made available by the
Secretary to the Commission from funds appropriated under
subsection (a)(2) of this section may not exceed the amount
certified by the Secretary in the most recent statement
submitted to the Congress under paragraph (1) of this
subsection.]
(d) The aggregate amount of funds made available by the
Secretary to the Commission from funds appropriated under
subsection (a)(2) may not exceed the amount expended by the
Commonwealth of Massachusetts, the city of Lowell, and any
nonprofit entity for activities in the city of Lowell
consistent with the purpose of this Act since January 1, 1974.
* * * * * * *
TITLE II--ROLE OF THE SECRETARY
park management plan
Sec. 201. (a) * * *
* * * * * * *
(b)(1) Not later than three years after the date on which
funds are made available to carry out this Act, the Secretary
shall establish [and submit to the Congress] a park management
plan containing the information described in subsection (a) of
this section. Such plan shall, upon request, be available to
the public.
(2) After consulting with the Commission, the city manager of
Lowell, and the Commonwealth of Massachusetts, the Secretary
may make revisions in the park management plan established
pursuant to paragraph (1) of this subsection by publication of
such revisions in the Federal Register. [A revision made under
this paragraph shall be effective 90 days after written notice
of the revision is submitted to the Congress.]
* * * * * * *
TITLE III--ROLE OF THE COMMISSION
* * * * * * *
loans, grants, and technical assistance
Sec. 303. (a) * * *
* * * * * * *
[(e) The Secretary shall make an annual report to the
Congress describing the loans, grants, and technical assistnace
provided under this section and under section 203 of this Act.
Such report shall specify the amount, recipient, and purpose of
any loan, grant or technical assistance so provided and contain
such additional information as the Secretary considers
appropriate.]
* * * * * * *
----------
NIOBRARA SCENIC RIVER DESIGNATION ACT OF 1991
* * * * * * *
SEC. 7. NATIONAL RECREATION AREA STUDY
(a) * * *
* * * * * * *
[(b) Submission of Report.--The results of such study shall
be transmitted to the Committee on Interior and Insular Affairs
of the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.]
SEC. 8. STUDY OF FEASIBILITY AND SUITABILITY OF ESTABLISHING NIOBRARA-
BUFFALO PRAIRIE NATIONAL PARK.
(a) * * *
* * * * * * *
[(e) Submission of Report.--The results of the study shall be
submitted to the Committee on Interior and Insular Affairs of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.]
* * * * * * *
WEST VIRGINIA NATIONAL INTEREST RIVER CONSERVATION ACT OF 1987
TITLE II--GAULEY RIVER NATIONAL RECREATION AREA
SEC. 201. ESTABLISHMENT.
(a) * * *
* * * * * * *
[(c) Boundary Modifications.--Within five years after the
enactment of this Act, the Secretary of the Interior
(hereinafter in this title referred to as the ``Secretary'')
shall submit to the Committee on Natural Resources of the
United States House of Representatives and to the Committee on
Energy and Natural Resources of the United States Senate a
report containing any boundary modifications which the
Secretary recommends, together with the reasons therefor.]
* * * * * * *
TITLE IV--GENERAL PROVISIONS
* * * * * * *
SEC. 403. PUBLIC AWARENESS PROGRAM.
The Secretary of the Interior shall establish a public
awareness program to be carried out in Mercer, Nicholas, and
Greenbrier Counties, West Virginia, in cooperation with State
and local agencies, landowners, and other concerned
organizations. The program shall be designed to further public
understanding of the effects of designation as components of
the National Wild and Scenic Rivers System of segments of the
Bluestone and Meadow Rivers which were found eligible in the
studies completed by the National Park Service in August 1983
but which were not designated by this Act as units of such
system. [By December 31, 1992, the Secretary shall submit a
report to the Committee on Interior and Insular Affairs of the
United States House of Representatives and to the Committee on
Energy and Natural Resources of the United States Senate
describing the program undertaken pursuant to this section.]
Section 7(b) of the Wild and Scenic Rivers Act shall continue
to apply to the segments subject to this section until December
31, 1992.
* * * * * * *
----------
SECTION 2 OF THE ACT OF AUGUST 7, 1961
AN ACT To provide for the establishment of Cape Cod National Seashore.
Sec. 2. (a) * * *
* * * * * * *
(c) In exercising his authority to acquire property by
exchange, the Secretary may accept title to any non-Federal
property located within such areas and convey to the grantor of
such property any federally owned property under the
jurisdiction of the Secretary within such area. The properties
so exchanged shall be approximately equal in fair market value:
Provided, That the Secretary may accept case from or pay cash
to the grantor in such an exchange in order to equalize the
values of the properties exchanged.
[The Secretary shall report to the Congress on every exchange
carried out under authority of the Act within thirty days from
its consummation, and each such report shall include a
statement of the fair market values of the properties involved
and of any cash equalization payment made or received.]
----------
SECTION 12 OF THE ACT OF OCTOBER 21, 1970
AN ACT To establish in the State of Michigan the Sleeping Bear Dunes
National Lakeshore, and for other purposes.
Sec. 12. (a) * * *
* * * * * * *
(e)(1) * * *
* * * * * * *
(4) Condemnation may be used with respect to any lands
described in subsection (c) only--
(A) * * *
(B) to purchase fee title or such lesser interest as
may be sufficient to prevent significant damage to the
scenic, soil, or water resources of the lakeshore.
Action under this subparagraph shall be used only after
attempts to negotiate a solution to the problem have
failed, the Secretary determines that such attempts
have failed, the Secretary shall notify in writing the
owner of the property involved of the proposed action
to be taken under this subparagraph and the Secretary
shall seek an injunction to prevent such resource
damage. The Secretary may at any time, and if an
injunction is granted under this subparagraph the
Secretary shall within 30 days after the date of such
injunction, send in writing to the owner of the
property the Secretary's best and final offer for the
purchase of such property. If the owner does not accept
such offer, the Secretary may file for condemnation.
[The Secretary must notify the Committee on Energy and
Natural Resoures of the United States Senate and the
Committee on Interior and Insular Affairs of the United
States House of Representatives of any action taken
under this subparagraph.]
* * * * * * *
----------
SECTION 2 OF THE ACT OF OCTOBER 13, 1964
AN ACT To authorize the Secretary of the Interior to cooperate with the
State of Wisconsin in the designation and administration of the Ice Age
National Scientific Reserve in the State of Wisconsin, and for other
purposes.
Sec. 2. (a) * * *
* * * * * * *
(c) Any area outside of the national forests that the
Secretary and the Governor of Wisconsin agree has significant
examples of continental glaciation but is not described in the
original notice may be included in the reserve by the Secretary
after [notice to the President of the Senate and the Speaker of
the House of Representatives and] publication in the Federal
Register, as hereinbefore provided, and any area that they
consider to be no longer desirable as a part of the reserve may
be excluded from it by the Secretary in the same manner.
----------
MNI WICONI PROJECT ACT OF 1988
* * * * * * *
SEC. 3. OGLALA SIOUX RURAL WATER SUPPLY SYSTEM.
(a) * * *
* * * * * * *
(f) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the
Oglala Sioux Rural Water Supply System [until--
[(1) the requirements] until the requirements of the
National Environmental Policy Act of 1969 have been
met[; and].
[(2) a final engineering report has been prepared and
submitted to the Congress for a period of not less than
ninety days.]
* * * * * * *
SEC. 4. WEST RIVER RURAL WATER SYSTEM AND LYMAN-JONES RURAL WATER
SYSTEM.
(a) * * *
* * * * * * *
(e) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the
West River Rural Water System and the Lyman-Jones Rural Water
System [until--
[(1) the requirements] until the requirements of the
National Environmental Policy Act of 1969 have been
met[; and
(2) final engineering reports have been prepared and
submitted to the Congress for a period of not less than
ninety days].
* * * * * * *
----------
SECTION 6 OF THE APEX PROJECT, NEVADA LAND TRANSFER AND AUTHORIZATION
ACT OF 1989
SEC. 6. ENVIRONMENTAL CONSIDERATIONS.
(a) * * *
* * * * * * *
(c) Other Reports.--(1) * * *
(2) No later than ninety days after the date of enactment of
this Act, the Secretary shall evaluate the desirability of
acquisition of the lands specified in appendix A to the report
of the [Committee on Interior and Insular Affairs of the United
States House of Representatives to accompany H.R. 1485 of the
One Hundred First Congress (House Report 101-79). Such
evaluation shall be based solely on the resources and values of
such lands and the extent to which national policies and
programs for management of such resources and values would be
furthered by such acquisition. Promptly after the completion of
such evaluation, the Secretary shall report the results thereof
to the [Committee on Interior and InsularAffairs of the United
States House of Representatives, the Committee on Energy and Natural
Resources of the United States Senate, and] the Representatives and
Senators from the State of Nevada.
----------
SECTION 8 OF THE ACT OF SEPTEMBER 7, 1976
AN ACT To authorize the Secretary of the Interior to make compensation
for damages arising out of the failure of the Teton Dam a feature of
the Teton Basin Federal reclamation project in Idaho, and for other
purposes.
[Sec. 8. At the end of the year following the approval of
this Act and each year thereafter until the completion of the
claims program, the Secretary shall make an annual report to
the Congress of all claims submitted to him under this Act
stating the name of each claimant, the amount claimed, a brief
description of the claim, and the status or disposition of the
claim including the amount of each administrative payment and
award under the Act.]
----------
SECTION 3 OF THE ACT OF JUNE 15, 1977
AN ACT To authorize appropriations for continuation of construction of
distribution systems and drains of the San Luis Unit, Central Valley
project, California, to mandate the extension and review of the project
by the Secretary, and for other purposes.
Sec. 3. Neither the Secretary nor any of his representatives
shall approve any amendatory or other contract modifying the
current water service contract of June 5, 1963 (contract
numbered 14-06-200-495-A) or the current repayment contract of
April 1, 1965 (contract numbered 14-06-200-2020-A), or any
temporary contract extending more than one hundred and eighty
days beyond December 31, 1977, prior to the completion of the
report of the task force required in section 2 or January 1,
1978, whichever occurs first. [No such contract shall be
approved by the Secretary or his representative prior to
submission to the Congress for a period of not more than ninety
days (which ninety days, however, shall not include days on
which either the House of Representatives or the Senate is not
in session because of an adjournment of more than three
calendar days to a date certain).]
----------
SECTION 4 OF THE ACT OF OCTOBER 3, 1980
AN ACT To authorize the Secretary of the Interior to engage in
feasibility investigations of certain water resource developments, and
for other purposes.
Sec. 4. In preparing the studies and review authorized by
subsections (11) and (12) of section 1 and section 3, the
Secretary of the Interior shall fully describe all potential
beneficial or detrimental impacts resulting from the
construction or operation of the projects under study. [The
Secretary shall further make recommendations to the Congress
for assuring that neither the construction nor the operation of
any such project results in the deterioration of the water
quality and ecology of the Sacramento-San Joaquin Delta or the
San Francisco Bay estuarine system.]
----------
SECTION 3 OF THE ACT OF SEPTEMBER 30, 1982
AN ACT To authorize the Secretary of the Interior to proceed with
development of the WEB pipeline, to provide for the study of South
Dakota water projects to be developed in lieu of the Oahe and Pollock-
Herreid irrigation projects, and to make available Missouri basin
pumping power to projects authorized by the Flood Control Act of 1944
to receive such power.
* * * * * * *
Sec. 3. The Secretary is authorized, in cooperation with the
State of South Dakota, to conduct a feasibility investigation
of the alternate uses of facilities constructed for use in
conjunction with the Oahe Unit, initial stage, James Division,
Pick-Sloan Missouri Basin Program, South Dakota[, and to report
to the Congress the findings of such study along with his
recommendations].
----------
SECTION 8 OF THE COLORADO RIVER FLOODWAY PROTECTION ACT
[certification of compliance
[Sec. 8. The Secretary of the Interior shall, on behalf of
each Federal agency concerned, make written certification that
each agency has complied with the provisions of the Act during
each fiscal year beginning after Spetember 30, 1985. Such
certification shall be submitted on an annual basis to the
United States House of Representatives and the United States
Senate on or before January 15 of each fiscal year.]
----------
SECTION 4 OF THE HIGH PLAINS STATES GROUNDWATER DEMONSTRATION PROGRAM
ACT OF 1983
Sec. 4. (a) * * *
* * * * * * *
(c)(1) * * *
[(2) Within five years after the initiation of phase II, the
Secretary shall submit a summary report to Congress. The
summary report shall contain--
[(A) a detailed evalution of the demonstration
projects referred to in subsection (a);
[(B) the results of the studies referred to in
subsection (b);
[(C) specific recommendations regarding the location,
scope, and feasibility of operational groundwater
recharge project to be constructed and maintained by
the Bureau; and
[(D) an evaluation of the feasibility of integrating
these groundwater recharge projects into existing
reclamation projects.]
[(3)] (2) In addition to recommedations made under section 3,
the Secretary shall make additional recommendations for design,
construction, and operation of demonstration projects. Such
projects are authorized to be designed, constructed, and
operated in accordance with subsection (a).
[(4)] (3) Each project under this section shall terminate
five years after the date on which construction on the project
is completed.
[(5)] (4) At the conclusion of phase II the Secretary shall
submit a final report to the Congress which shall include, but
not be limited to, a detailed evaluation of the projects under
this section.
----------
SECTION 8 OF THE ACT OF AUGUST 5, 1965
AN ACT To make certain provisions in connection with the construction
of the Garrison diversion unit, Missouri River Basin project, by the
Secretary of the Interior.
Sec. 8. (a)(1) * * *
(2) The Lonetree Dam and Reservoir shall remain an authorized
feature of the Garrison Diversion Unit; however, construction
funds may be requested by the Secretary for Lonetree Dam and
Reservoir only after:
(A) * * *
* * * * * * *
(C) the [Secretaries of the Interior and State have
submitted the determinations required by subparagraphs
(A) and (B) above] Secretary of State has submitted the
determination required by subparagraph (B) to the
Congress and 90 calendar days have elapsed.
----------
SECTION 415 OF THE WATER RESOURCES DEVELOPMENT ACT OF 1990
SEC. 415. REGULATION OF DWORSHAK DAM, IDAHO.
(a) Joint Report.--On or before January 1, 1994, or as soon
thereafter as reasonably practicable, as part of the joint
systems operations review by the Army Corps of Engineers, the
Secretary[, the Commissioner of the Bureau of Reclamation], and
the Administrator of the Bonneville Power Administration shall
issue a joint report to Congress on the regulation of Dworshak
Dam, Idaho, including the following:
(1) * * *
* * * * * * *
----------
SECTION 501 OF THE ACT OF OCTOBER 26, 1992
AN ACT To provide for the establishment of the Brown v. Board of
Education National Historical Site in the State of Kansas, and for
other purposes.
[SEC. 501. BOSTON HARBOUR ISLANDS STUDY.
[(a) In General.--The Secretary of the Interior shall, within
1 year after the date of the enactment of this title, conduct a
study of the Boston Harbor Islands to assess the opportunities
for the National Park Service to contribute to State, regional,
and local efforts to promote the conservation of the Boston
Harbor Islands, and their use and enjoyment by the public. In
conducting the study, the Secretary shall--
[(1) consult closely with and explore means for
expanded cooperation with the Massachusetts Department
of Environmental Management, the Metropolitan District
Commission, and the City of Boston;
[(2) evaluate the suitability of establishing the
Boston Harbor Islands as a unit of the National Park
System;
[(3) assess the opportunities for expanded tourism,
public education, and visibility by managing the Boston
Harbour Islands in conjunction with units of the
National Park System in the vicinity, included the
Adams National Historic Site in Quincy, Massachusetts;
and
[(4) evaluate the possibility for developing ferry
service and other transportation links amoung those
units to enhance their public use and enjoyment.
[(b) Report.--The Secretary of the Interior shall submit to
the Congress a report on the findings, conclusions, and
recommendations of the study under subsection (a), by not later
than 1 year after the date of the enactment of this title.]
----------
INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT
* * * * * * *
TITLE I--ADMINISTRATIVE PROVISIONS
* * * * * * *
Sec. 106. (a) * * *
(b) The amount of funds required by subsection (a)--
(1) * * *
* * * * * * *
(c) Notwithstanding any other provision in this Act, the
provision of funds under this Act is subject to the
availability of appropriations and the Secretary is not
required to reduce funding for programs, projects, or
activities serving a tribe to make funds available to another
tribe or tribal organization under this Act.
[(c) The Secretary shall provide an annual report in
writing on or before May 15 of each year to the Congress on the
implementation of this Act. Such report shall include--
[(1) an accounting of the total amounts of funds
provided for each program and budget activity for
direct program costs and contract support costs of
tribal organizations under self-determination contracts
during the previous fiscal year;
[(2) an accounting of any deficiency of funds needed
to provide required contract support costs to all
contractors for the current fiscal year;
[(3) the indirect costs rate and type of rate for
each tribal organization negotiated with the
appropriate Secretary;
[(4) the direct cost base and type of base from which
the indirect cost rate is determined for each tribal
organization;
[(5) the indirect cost pool amounts and the types of
costs included in the indirect cost pools; and
[(6) an accounting of any deficiency of funds needed
to maintain the preexisting level of services to any
tribes affected by contracting activities under this
Act, and a statement of the amount of funds needed for
transitional purposes to enable contractors to convert
from a Federal fiscal year accounting cycle to a
different accounting cycle, as authorized by section
105(d).]
* * * * * * *
TITLE III--TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT
* * * * * * *
Sec. 305. The [Secretaries] Secretary of Health and Human
Services shall submit to the Congress a written report on July
1 and January 1 of each of the five years following the date of
enactment of this title on the relative costs and benefits of
the Tribal Self-Governance Project. Such report shall be based
on mutually determined baseline measurements jointly developed
by the [Secretaries] Secretary of Health and Human Services and
participating tribes, and shall separately include the views of
the tribes.
* * * * * * *
----------
INDIAN HEALTH CARE IMPROVEMENT ACT
* * * * * * *
TITLE I--INDIAN HEALTH MANPOWER
* * * * * * *
INDIAN HEALTH SERVICE LOAN REPAYMENT PROGRAM
Sec. 108. (a) * * *
* * * * * * *
[(n) The Secretary shall submit to the President, for
inclusion in each report required to be submitted to the
Congress under section 801, a report concerning the previous
fiscal year which sets forth--
[(1) the health professional positions maintained by
the Service or by tribal or Indian organizations for
which recruitment or retention is difficult;
[(2) the number of Loan Repayment Program
applications filed with respect to each type of health
profession;
[(3) the number of contracts described in subsection
(f) that are entered into with respect to each health
profession;
[(4) the amount of loan payments made under this
section, in total and by health profession;
[(5) the number of scholarship grants that are
provided under section 104 with respect to each health
profession;
[(6) the amount of scholarship grants provided under
section 104, in total and by health profession;
[(7) the number of providers of health care that will
be needed by Indian health programs, by location and
profession, during the three fiscal years beginning
after the date the report is filed; and
[(8) the measures the Secretary plans to take to fill
the health professional positions maintained by the
Service or by tribes or tribal or Indian organizations
for which recruitment or retention is difficult.]
* * * * * * *
TITLE II--HEALTH SERVICES
* * * * * * *
hospice care feasibility study
Sec. 205. * * *
* * * * * * *
[(c) Not later than the date which is 12 months after the
date of the enactment of this section, the Secretary shall
transmit to the Congress a report containing--
[(1) a detailed description of the study conducted
pursuant to this section; and
[(2) a discussion of the findings and conclusions of
such study.
[(d)] (c) For the purposes of this section--
(1) the term ``terminally ill'' means any Indian who
has a medical prognosis (as certified by a physician)
of a life expectancy of six months or less; and
(2) the term ``hospice program'' means any program
which satisfies the requirements of section 1861(dd)(2)
of the Social Security Act (42 U.S.C. 1395x(dd)(2));
and
(3) the term ``hospice care'' means the items and
services specified in subparagraphs (A) through (H) of
section 1861(dd)(1) of the Social Security Act (42
U.S.C. 1395x(dd)(1)).
* * * * * * *
mental health prevention and treatment services
Sec. 209. (a) * * *
* * * * * * *
(j) [Annual Report] Methods to Evaluate Status of Programs
and Services._The Service shall develop methods for analyzing
and evaluating the overall status of mental health programs and
services for Indians [and shall submit to the President, for
inclusion in each report required to be transmitted to the
Congress under section 801, a report on the mental health
status of Indians which shall describe the progress being made
to address mental health problems of Indian communities].
* * * * * * *
managed care feasibility study
Sec. 210. [(a)] The Secretary, acting through the Service,
shall conduct a study to assess the feasibility of allowing an
Indian tribe to purchase, directly or through the Service,
managed care coverage for all members of the tribe from--
(1) a tribally owned and operated managed care plan;
or
(2) a State licensed managed care plan.
[(b) Not later than the date which is 12 months after the
date of the enactment of this section, the Secretary shall
transmit to the Congress a report containing--
[(1) a detailed description of the study conducted
pursuant to this section; and
[(2) a discussion of the findings and conclusions of
such study.]
* * * * * * *
contract health services payment study
Sec. 219. (a) * * *
* * * * * * *
[(c) Not later than 12 months after the date of the enactment
of this section, the Secretary shall transmit to the Congress a
report that includes--
[(1) a detailed description of the study conducted
pursuant to this section; and
[(2) a discussion of the findings and conclusions of
such study.]
* * * * * * *
TITLE III--HEALTH FACILITIES
CONSULTATION; CLOSURE OF FACILITIES; REPORTS
Sec. 301. (a) * * *
* * * * * * *
(c)[(1) The Secretary shall submit to the President, for
inclusion in each report required to be transmitted to the
Congress under section 801, a report which sets forth--
[(A) the current health facility priority system of
the Service,
[(B) the planning, design, construction, and
renovation needs for the 10 top-priority inpatient care
facilities and the 10 top-priority ambulatory care
facilities (together with required staff quarters),
[(C) the justification for such order of priority,
[(D) the projected cost of such projects, and
[(E) the methodology adopted by the Service in
establishing priorities under its health facility
priority system.
[(2) In preparing each report required under paragraph (1)
(other than the initial report), the Secretary shall--
[(A) consult with Indian tribes and tribal
organizations including those tribes or tribal
organizations operating health programs or facilities
under any contract entered into with the Service under
the Indian Self-Determination Act, and
[(B) review the needs of such tribes and tribal
organizations for inpatient and outpatient facilities,
including their needs for renovation and expansion of
existing facilities.
[(3) For purposes of this subsection, the Secretary shall, in
evaluating the needs of facilities operated under any contract
entered into with the Service under the Indian Self-
Determination Act, use the same criteria that the Secretary
uses in evaluating the needs of facilities operated directly by
the Service.]
[(4)] The Secretary shall ensure that the planning, design,
construction, and renovation needs of Service and non-Service
facilities which are the subject of a contract for health
services entered into with the Service under the Indian Self-
Determination Act are fully and equitably integrated into the
development of the health facility priority system.
* * * * * * *
safe water and sanitary waste disposal facilities
Sec. 302. (a) * * *
* * * * * * *
[(g)(1) The Secretary shall submit to the President, for
inclusion in each report required to be transmitted to the
Congress under section 801, a report which sets forth--
[(A) the current Indian sanitation facility priority
system of the Service;
[(B) the methodology for determining sanitation
deficiencies;
[(C) the level of sanitation deficiency for each
sanitation facilities project of each Indian tribe or
community;
[(D) the amount of funds necessary to raise all
Indian tribes and communities to a level I sanitation
deficiency; and
[(E) the amount of funds necessary to raise all
Indian tribes and communities to zero sanitation
deficiency.
[(2) In preparing each report required under paragraph (1)
(other than the initial report), the Secretary shall consult
with Indian tribes and tribal organizations (including those
tribes or tribal organizations operating health care programs
or facilities underany contract entered into with the Service
under the Indian Self-Determination Act) to determine the sanitation
needs of each tribe.
[(3) The methodology used by the Secretary in determining
sanitation deficiencies for purposes of paragraph (1) shall be
applied uniformly to all Indian tribes and communities.
[(4) For purposes of this subsection, the sanitation
deficiency levels for an Indian tribe or community are as
follows:
[(A) level I is an Indian tribe or community with a
sanitation system--
[(i) which complies with all applicable water
supply and pollution control laws, and
[(ii) in which the deficiencies relate to
routine replacement, repair, or maintenance
needs;
[(B) level II is an Indian tribe or community with a
sanitation system--
[(i) which complies with all applicable water
supply and pollution control laws, and
[(ii) in which the deficiencies relate to
capital improvements that are necessary to
improve the facilities in order to meet the
needs of such tribe or community for domestic
sanitation facilities;
[(C) level III is an Indian tribe or community with a
sanitation system which--
[(i) has an inadequate or partial water
supply and a sewage disposal facility that does
not comply with applicable water supply and
pollution control laws, or
[(ii) has no solid waste disposal facility;
[(D) level IV is an Indian tribe or community with a
sanitation system which lacks either a safe water
supply system or a sewage disposal system; and
[(E) level V is an Indian tribe or community that
lacks a safe water supply and a sewage disposal system.
[(5) For purposes of this subsection, any Indian tribe or
community that lacks the operation and maintenance capability
to enable its sanitation system to meet pollution control laws
may not be treated as having a level I or II sanitation
deficiency.]
* * * * * * *
indian health care delivery demonstration project
Sec. 307. (a) * * *
* * * * * * *
[(h)(1) The Secretary shall submit to the President, for
inclusion in the report which is required to be submitted to
the Congress under section 801 for fiscal year 1997, an interim
report on the findings and conclusions derived from the
demonstration projects established under this section.
[(2) The Secretary shall submit to the President, for
inclusion in the report which is required to be submitted to
the Congress under section 801 for fiscal year 1999, a final
report on the findings and conclusions derived from the
demonstration projects established under this section, together
with legislative recommendations.]
* * * * * * *
TITLE V--HEALTH SERVICES FOR URBAN INDIANS
* * * * * * *
REPORTS AND RECORDS
Sec. 507. (a) * * *
* * * * * * *
[(d)(1) The Secretary, acting through the Service, shall
submit a report to the Congress not later than March 31, 1992,
evaluating--
[(A) the health status of urban Indians;
[(B) the services provided to Indians through this
title;
[(C) areas of unmet needs in urban areas served under
this title; and
[(D) areas of unmet needs in urban areas not served
under this title.
[(2) In preparing the report under paragraph (1), the
Secretary shall consult with urban Indian health providers and
may contract with a national organization representing urban
Indian health concerns to conduct any aspect of the report.
[(3) The Secretary and the Secretary of the Interior shall--
[(A) assess the status of the welfare of urban Indian
children, including the volume of child protection
cases, the prevalence of child sexual abuse, and the
extent of urban Indian coordination with tribal
authorities with respect to child sexual abuse; and
[(B) submit a report on the assessment required under
subparagraph (A), together with recommended legislation
to improve Indian child protection in urban Indian
populations, to the Congress no later than March 31,
1992.]
* * * * * * *
TITLE VIII--MISCELLANEOUS
reports
Sec. 801. (a) The President shall, at the time the budget is
submitted under section 1105 of title 31, United States Code,
for each fiscal year transmit to the Congress a report
containing--
(1) * * *
* * * * * * *
(3) a report on the use of health services by
Indians--
(A) on a national and area or other relevant
geographical basis;
(B) by gender and age;
(C) by source of payment and type of service;
and
(D) comparing such rates of use with rates of
use among comparable non-Indian populations[.];
(4) a separate statement which specifies the amount
of funds requested to carry out the provisions of
section 201; and
(5) a separate statement of the total amount
obligated or expended in the most recently completed
fiscal year to achieve each of the objectives described
in section 814, relating to infant and maternal
mortality and fetal alcohol syndrome[;].
[(6) the reports required by sections 3(d), 108(n),
203(b), 209(j), 301(c), 302(g), 305(a)(3), 403, 708(e),
and 817(a), and 822(f);
[(7) for fiscal year 1995, the report required by
sections 702(c)(3) and 713(b);
[(8) for fiscal year 1997, the interim report
required by section 307(h)(1); and
[(9) for fiscal year 1999, the reports required by
sections 307(h)(2), 512(b), 711(f), and 821(g).]
(b) Effective January 1, 2000, the annual report referred to
in subsection (a) shall no longer be required. Any requirement
still in effect after that date regarding the submission to the
President of information for inclusion in a report under
subsection (a) shall be deemed to require the submission of the
information directly to Congress.
* * * * * * *
DEMONSTRATION PROJECTS FOR TRIBAL MANAGEMENT OF HEALTH CARE SERVICES
Sec. 818. (a) * * *
* * * * * * *
(d)(1) * * *
(2) By no later than September 30, 1996, the Secretary shall
evaluate the performance of each Indian tribe that has
participated in a demonstration project established under
subsection (a) [and shall submit to the Congress a report on
such evaluations and demonstration projects].
* * * * * * *
---------- [#
26]
ACT OF NOVEMBER 28, 1990
AN ACT To authorize the Rumsey Indian Rancheria to convey a certain
parcel of land.
* * * * * * *
TITLE IV--INDIAN CHILD PROTECTION
* * * * * * *
[SEC. 412. REPORT.
[On or before March 1, 1991, and March 1 of each calendar
year thereafter, the Secretary shall submit to the Congress a
report involving the administration of this title during the
calendar year preceding the calendar year in which such report
is submitted.]
TITLE V--INDIAN HEALTH CARE
* * * * * * *
SEC. 506. FACILITIES ASSESSMENT.
[(a) Survey.--The Secretary shall conduct a survey of all
facilities used by contractors under title V of the Indian
Health Care Improvement Act and shall submit a report to the
Congress on such survey not later than one year after the date
of enactment of this Act. The report shall, at a minimum,
contain the following information for each location:
[(1) The extent to which the facility meets safety
and building codes and, if direct care is provided, the
extent of compliance with Joint Commission for
Accreditation of Health Care Organizations (JCAHO)
standards.
[(2) The extent to which improvements, expansion, or
relocation is necessary to meet program requirements,
provide adequate services, or achieve building code
compliance.
[(3) Any lease restriction that would hamper
accomplishment of needed improvement, expansion, or
relocation.
[(4) The term of the lease, if appropriate, the age
of the structure, and the structure's life expectancy
with and without improvement.
[(5) An assessment of the deficiencies of the
facility.
[(b) Report.--The report shall contain general
recommendations for addressing the deficiencies of facilities
in which programs funded under title V of the Indian Health
Care Improvement Act are located and shall propose specific
policies for accomplishing those recommendations.]
* * * * * * *
SECTION 4 OF THE COQUILLE RESTORATION ACT
SEC. 4. ECONOMIC DEVELOPMENT.
(a) Plan for Economic Development.--The Secretary shall--
(1) enter into negotiations with the governing body
of the Tribe with respect to establishing a plan for
economic development for this Tribe; and
(2) in accordance with this section and not later
than two years after the adoption of a tribal
constitution as provided in section 9, develop such a
plan[; and].
[(3) upon the approval of such plan by the governing
body of the Tribe, submit such plan to the Congress.]
* * * * * * *
----------
SECTION 10 OF THE PONCA RESTORATION ACT
economic development plan
Sec. 10. (a) The Secretary shall--
(1) enter into negotiations with the governing body
of the Tribe to establish a plan for economic
development for the Tribe; and
(2) in accordance with this section, establish such a
plan[; and].
[(3) upon the approval of such plan by the governing
body of the Tribe (and after consultation with the
State and local officials pursuant to subsection (b)),
shall submit such plan to the Congress by no later than
the date that is 2 years after the date of enactment of
this Act.]
* * * * * * *
----------
SECTION 2 OF THE ACT OF DECEMBER 9, 1991
AN ACT To direct the Secretary of the Interior to carry out a study and
make recommendations to the Congress regarding the feasibility of
establishing a Native American cultural center in Oklahoma City,
Oklahoma.
[SEC. 2. REPORT.
[Not later than one year after the date of the enactment of
this Act, the Secretary shall submit to the Congress a report
containing a detailed statement of the findings and conclusions
of the study carried out under section 1. Such report shall
include--
[(1) recommendations regarding the establishment of
such a center; and
[(2) a site plan and preliminary design documents for
each potential site identified by the study.]
----------
EDUCATION AMENDMENTS OF 1978
* * * * * * *
TITLE XI--INDIAN EDUCATION
* * * * * * *
PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
SEC. 1121. STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN IN
BUREAU OF INDIAN AFFAIRS SCHOOLS.
(a) * * *
* * * * * * *
(h)(1) * * *
* * * * * * *
(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is under
active consideration or review by any division of the Bureau or
the Department of the Interior, the affected tribe, tribal
governing body, and designated local school board, will be
notified as soon as such consideration or review begins, kept
fully and currently informed, and afforded an opportunity to
comment with respect to such consideration or review. When a
formal decision is made to close, transfer to any other
authority, consolidate, or substantially curtail a school, the
affected tribe, tribal governing body, and designated local
school board shall be notified at least 6 months prior to the
end of the school year preceding the proposed closure date.
Copies of any such notices and information shall be
[transmitted promptly to the Congress and] published in the
Federal Register.
* * * * * * *
SEC. 1125. FACILITIES CONSTRUCTION.
(a) * * *
[(b) By January 1, 1996, and at each time thereafter that the
annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring such facilities
into compliance with such standards. Such plan shall include
detailed information on the status of each facility's
compliance with such standards, specific cost estimates for
meeting such standards at each school, and specific time lines
for bringing each school into compliance with such standards.]
* * * * * * *
----------
SECTION 7 OF THE PAIUTE INDIAN TRIBE OF UTAH RESTORATION ACT
Sec. 7. (a) * * *
* * * * * * *
(c) Inasmuch as the Kanosh, Koosharem and Indian Peaks Bands
of Paiute Indians lost land which had been their former
reservations and the Cedar City Band of Paiute Indians had
never had a reservation, the Secretary shall negotiate with the
tribe or bands, or with representatives of the tribe chosen by
the tribe or bands, concerning the enlargement of the
reservation for the tribe established pursuant to subsection
(a) and shall within two years after the date of enactment of
this Act, develop a plan for the enlargement of the reservation
for the tribe. The plan shall include acquisition of not to
exceed a total of fifteen thousand acres of land to be selected
from available public, State, or private lands within Beaver,
Iron, Millard, Sevier, or Washington Counties, Utah. [Upon
approval of such plan by the tribal officials elected under the
tribal constitution and bylaws adopted pursuant to section 6,
the Secretary shall submit such plan, in the form of proposed
legislation, to the Congress.]
----------
SECTION 8 OF THE KLAMATH INDIAN TRIBE RESTORATION ACT
SEC. 8. ECONOMIC DEVELOPMENT.
(a) Plan for Economic Self-Sufficiency.--The Secretary
shall--
(1)[(A)] enter into negotiations with the Executive
Committee of the General Council with respect to
establishing a plan for economic development for the
tribe; and
[(B)] (2) in accordance with this section and not
later than two years after the date of the enactment of
this Act, develop such a plan.
[(2) Upon the approval of such plan by the General
Council (and after consultation with the State and
local officials pursuant to subsection (b)), the
Secretary shall submit such plan to the Congress.]
* * * * * * *
[(d) Appendix to Plan Submitted to the Congress.--The
Secretary shall append to the plan submitted to the Congress
under subsection (a) a detailed statement--
[(1) naming each individual and official consulted in
accordance with subsection (b);
[(2) summarizing the testimony received by the
Secretary pursuant to any such consultation; and
[(3) including any written comments or reports
submitted to the Secretary by any party named in
paragraph (1).]
----------
ACT OF OCTOBER 19, 1973
AN ACT To provide for the use or distribution of funds appropriated in
satisfaction of certain judgments of the Indian Claims Commission and
the Court of Claims, and for other purposes.
* * * * * * *
Sec. 2. (a) Within one year after appropriation of funds to
pay a judgment of the Indian Claims Commission or the Court of
Claims to any Indian tribe, the Secretary of the Interior shall
prepare [and submit to Congress] a plan for the use and
distribution of the funds. Such plan shall include
identification of the present-day beneficiaries, a formula for
the division of the funds among two or more beneficiary
entities if such is warranted, and a proposal for the use and
distribution of the funds. The Secretary shall simultaneously
submit a copy of such plan to each affected tribe or group.
* * * * * * *
[Sec. 4. When submitting the plan as provided in section 2,
the Secretary shall also submit to the Congress with such
plan--
[(1) copies of the transcripts of hearings held by
him concerning the Indian judgment pursuant to clause
(2) of section 3(a) and all other papers and documents
considered by him in the preparation of such plan,
including any resolution, communication, or suggested
use or distribution plan of the pertinent Indian tribe
submitted pursuant to clause (1) of section 3(a); and
[(2) a statement of the extent to which such plan
reflects the desires of the Indian tribe or individuals
who are entitled to such funds, which statement shall
specify the alternatives, if any, proposed by such
Indian tribe or individuals in lieu of such plan,
together with an indication of the degree of support
among the interested parties for each such
alternative.]
Sec. 5. [(a)] The plan prepared by the Secretary shall become
effective, and be shall take immediate action to implement the
plan for the use or distribution of such judgment funds[, at
the end of the sixty-day period (excluding days on which either
the House of Representatives or the Senate is not in session
because of an adjournment of more than three calendar days to a
day certain) beginning on the day such plan is submitted to the
Congress, unless during such sixty-day period enactment of a
joint resolution disapproving such plans] upon submission of
the plan to the affected tribes or groups.
[(b) Within thirty calendar days after the date of adoption
of a resolution disapproving a plan, the Secretary shall submit
to the Congress proposed legislation, together with a report
thereon, authorizing use or distribution of such funds.
[(c) Within the sixty-day period and before the adoption of
any resolution disapproving a plan, the Secretary may withdraw
or amend such plan: Provided, That any amendments affecting the
division of an award between two or more beneficiary entities
shall be subject to the consent of these entities as provided
in section 2(d) of this Act. Any such amended plan shall become
valid at the end of a sixty-day period beginning on the day
such amendment is submitted to the Congress, unless during such
sixty-day period, a joint resolution is enacted disapproving
such plan as amended.
[(d) Once a plan is withdrawn before the end of a sixty-day
period, the Secretary has until the expiration of the original
one-year deadline to resubmit a plan to Congress. Such a plan
shall become valid at the end of a sixty-day period beginning
on the day such new plan is submitted to the Congress, unless
during such sixty-day period, a joint resolution is enacted
disapproving such plan.
[(e) Upon the introduction of the first such resolution of
disapproval in either the House of Representatives or the
Senate, the sixty-day period shall be recomputed from the date
of such introduction and shall not again be extended.]
* * * * * * *
ACT OF JULY 1, 1932
AN ACT To authorize the Secretary of the Interior to adjust
reimbursable debts of Indians and tribes of Indians.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
Secretary of the Interior is hereby authorized and directed to
adjust or eliminate reimbursable charges of the Government of
the UnitedStates existing as debts against individual Indians
or tribes of Indians in such a way as shall be equitable and just in
consideration of all the circumstances under which such charges were
made: Provided, That the collection of all construction costs against
any Indian owned lands within any Government irrigation project is
hereby deferred, and no assessments shall be made on behalf of such
charges against such lands until the Indian title thereto shall have
been extinguished, and any construction assessments heretofore levied
against such lands in accordance with the provisions of the Act of
February 14, 1920 (41 Stat. L. 409), and uncollected, are hereby
canceled[: Provided further, That the Secretary shall report such
adjustments and eliminations to the Congress not later than sixty
calendar days following the end of the fiscal year in which they are
made: Provided further, That any proceedings hereunder shall not be
effective until approved by Congress unless Congress shall have failed
to act favorably or unfavorably thereon by concurrent resolution within
ninety calendar days after the filing of said report, in which case
they shall become effective at the termination of the said sixty
legislative days].
----------
ACT OF FEBRUARY 14, 1931
CHAP. 171.--An Act To authorize the Secretary of the Interior to accept
donations to or in behalf of institutions conducted for the benefit of
Indians.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, The
Secretary of the Interior may accept donations of funds or
other property for the advancement of the Indian race, and he
may use the donated property in accordance with the terms of
the donation in furtherance of any program authorized by other
provision of law for the benefit of Indians. [An annual report
shall be made to the Congress on donations received and
allocations made from such donations. This report shall include
administrative costs and other pertinent data.]
----------
SECTION 6 OF THE INDIAN CLAIMS LIMITATION ACT OF 1982
[Sec. 6. (a) If the Secretary determines that any claim or
claims contained in either of the lists as provided in sections
3 or 4(c) of this Act [sections 3 or 4(c) of Pub.L. 97-394] is
not appropriate for litigation, but determines that such claims
may be appropriately resolved by legislation, he shall submit
to the Congress legislation to resolve such claims or shall
submit to Congress a report setting out options for legislative
resolution of such claims.
[(b) Any right of action on claims covered by such
legislation or report shall be barred unless the complaint is
filed within 3 years after the date of submission of such
legislation or legislative report to Congress.]
----------
SECTION 1042 OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF
1991
SEC. 1042. INDIAN RESERVATION ROADS STUDY.
(a) [Study.--]The Secretary shall conduct a study on the
funding needs for Indian reservation roads taking into account
funding and other quality inequities between Indian reservation
roads and other highway systems.
[(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study conducted under this
section, together with any legislative and administrative
recommendations of the Secretary for correcting inequities
identified under such study.]
----------
SECTION 301 OF THE OMNIBUS INSULAR AREAS ACT OF 1992
SEC. 301. AMERICAN SAMOA WATER AND POWER STUDY.
[(a)] The Secretary of the Interior shall undertake a
comprehensive study, or as appropriate review and update
existing studies, to determine the current and long-term water,
power, and wastewater needs of American Samoa. Such study shall
be conducted in consultation with the American Samoa
government, and in consultation with those Federal agencies
which have recent experience with the water, power and
wastewater needs of American Samoa.
[(b) The Secretary of the Interior shall report the results
of this study to the Committee on Energy and Natural Resources
of the United States Senate and the Committee on Interior and
Insular Affairs of the United States House of Representatives,
before December 31, 1992. The report shall include--
[(1) an assessment of the water, power and wastewater
needs of American Samoa both currently, and for the
year 2000;
[(2) an assessment of, and recommendations regarding,
how these needs can be met;
[(3) an assessment of, and recommendations regarding,
any additional legal authority or funding which may be
necessary to meet these needs; and
[(4) an assessment of, and recommendations regarding,
the respective roles of the Federal and American Samoa
governments in meeting these needs.]
----------
SECTION 607 OF THE ACT OF DECEMBER 24, 1980
AN ACT To authorize appropriations for certain insular areas of the
United States, and for other purposes.
Sec. 607. (a) * * *
* * * * * * *
[(c) Not later than thirty days after the close of each
quarter which occurs after the plan has been transmitted to the
Congress, the respective Governor shall submit a report to the
Secretary of the Interior and the Congress describing in detail
the success or failure of such territory in meeting the goals
and timetables described in such plan.]
----------
SECTION 603 OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
bureau of land management wilderness study
Sec. 603. (a) * * *
(b) [The President shall advise the President of the Senate
and the Speaker of the House of Representatives of his
recommendations with respect to designation as wilderness of
each such area, together with a map thereof and a definition of
its boundaries. Such advice by the President shall be given
within two years of the receipt of each report from the
Secretary.] A recommendation of the President for designation
of an area referred to in subsection (a) as wilderness shall
become effective only if so provided by an Act of Congress.
----------
SECTION 5 OF THE ACT OF MARCH 21, 1972
AN ACT Relating to the Trust Territory of the Pacific Islands.
[Sec. 5. The chief executives of the governments of the
Marshall Islands, the Federated States of Micronesia, Palau,
and the Northern Mariana Islands shall prepare, publish, and
submit to the Congress and the Secretary of the Interior a
comprehensive annual financial report in conformance with the
standards of the National Council on Governmental Accounting
within one hundred and twenty days after the close of the
fiscal year. The comprehensive annual financial report shall
include statistical data as set forth in the standards of the
National Council on Governmental Accounting relating to the
physical, economic, social, and political characteristics of
the government, and any other information required by the
Congress. The chief executives shall transmit the comprehensive
annual financial report to the Inspector General of the
Department of the Interior who shall audit it and report his
findings to the Congress. The chief executives shall also make
such other reports at such other times as may be required by
the Congress or under applicable Federal laws. The chief
executives shall submit to the Congress, the Secretary of the
Interior, the High Commissioner of the Trust Territory of the
Pacific Islands, and the cognizant Federal auditors a written
statement of actions taken or contemplated on Federal audit
recommendations within sixty days after the issuance date of
the audit report. This section is not subject to termination
under section 502(a)(3) of the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in Political Union
with the United States of America (90 Stat. 263, 268).]
Sec. 5. The chief executive of the Government of the Northern
Mariana Islands shall prepare, publish, and submit to the
Congress and the Secretary of the Interior a comprehensive
annual financial report in conformance with the standards of
the National Council on Governmental Accounting, within 120
days after the close of the fiscal year. The report shall
include statistical data as set forth in those standards
relating to the physical, economic, social and political
characteristics of the government, and any other information
required by the Congress. The chief executive shall also make
any other reports at other times as may be required by under
applicable Federal laws. This section is not subject to
termination under section 502(a)(3) of the Covenant to
Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America (90 Stat.
263, 268).
A P P E N D I X
----------
List of Reports Restored by H.R. 3002
Public Lands and Forests
Notice of land withdrawals aggregating 5000 acres or more
Transportation or utility systems within conservation system
units or any wilderness area in Alaska
Withdrawals of more than 5000 acres of public lands in Alaska
Livestock grazing in certain designated wilderness areas
Rehabilitation needs of forest service regions due to forest
fire damage
National Forest System reforestation needs
Domestic forest ecosystems research program
Implementation of Archaeological Resources Protection Act of
1979
National Wilderness Preservation System
Boundary adjustments, Alaska units of Wild and Scenic Rivers,
National Wilderness Preservation, or National
Forest Systems
Status of Tongass National Forest, Alaska
Boundaries, classifications and development plans for Wild and
Scenic River systems
Trans-Alaska Pipeline Liability Fund audit
Decontamination efforts on public lands withdrawn for military
and defense-related purposes in Nevada and cost
effectiveness
Management of the California Desert Conservation Area
Financial disclosures of employees performing functions under
the Federal Land Policy and Management Act of 1976
Threatened areas on registries of national landmarks and
National Register of Historic Places and areas of
national significance with potential for inclusion
in the National Park System
Air traffic above Grand Canyon (2 reports)
Development of facilities for National Park System
Status of completion or revision of general management plans
for the National Park System
Feasibility or desirability of designating other trails as
National Scenic or National Historic Trails
Determination that a commemorative work should be located in
Area 1, Washington, D.C.
Proposed plan for designation of site to display commemorative
work on a temporary basis in the District of
Columbia
Expenditures of funds recovered with respect to damage to
National Park resources
Subsistence management and use of public lands in Alaska
Proposed exclusion of any principal or major use for two or
more years on any tract of public land of 100,000
acres or more
Designation of any tract of public land exceeding 2500 acres
for sale
Public lands program
Full and comprehensive report on the development of southern
end of Ellis Island
Activities of the Wolf Trap Foundation for the Performing Arts
Wild and free roaming horses and burros on public lands
Review of and recommendations concerning the definition of
``unprocessed timber''
National Wilderness Preservation System
Notice of intention to interchange lands
Reports regarding Chattahoochee River National Recreation Area
Reports of Advisory Council on Historic Preservation
Annual report of Alaska Land Use Council
Reports regarding land conveyance, Prince Georges County,
Maryland
Audit of Trans-Alaska Pipeline System
Annual report of National Park Foundation
Fisheries, Wildlife, Oceans and Environment
Expenditures for the conservation of endangered or threatened
species
Certification regarding the taking of certain sea turtles
International fishery conservation or protection of endangered
or threatened species
Activities of federal agencies in the marine sciences
Governing international fishery agreements
Environmental Quality Report
Agency compliance with the Coastal Barrier Resources Act
Documents relating to proposal to designate a National Marine
Sanctuary
Notice of designation of National Marine Sanctuary
Nature, extent and effects of driftnet fishing in waters of
North Pacific ocean on marine resources of United
States
Bluefin tuna
Fair market value at the time of the transfer of all real and
personal property conveyed on Pribilof Islands
Coastal zone management
Cooperative program for the development of tunas and other
latent fishery resources of the Central, Western
and South Pacific oceans
African Elephant advisory fund and status of elephants
Status of all marine mammal species and population stocks
subject to the provisions of the Marine Mammal
Protection Act
Conservation plans for refuges established, redesignated or
expanded by Alaska National Interest Lands
Conservation Act
Cost of detailed personnel and equipment from other agencies
Aleutian and Pribilof Restitution Fund financial condition and
operations
Under Secretary of Commerce for Oceans and Atmosphere
submission of results of environmental and
monitoring activities
Reports on National Estuary Program research
Annual report of Marine Mammal Commission
Annual report of wetlands conservation projects
Annual report of migratory bird conservation commission
Annual report of National Fish and Wildlife Foundation
Energy and Mineral Resources
National Energy Policy and related report
Phosphate mining in Osceola National Forest, Florida
Pertinent public information relating to minerals in Alaska
Mineral exploration, development or extraction on public lands
in Alaska
Effect of export of oil or gas from outer continental shelf on
reliance on imports
Administration of the Ocean Thermal Energy Conversion Act of
1980
Administration of the Deep Seabed Hard Minerals Resources Act
Effect of any international agreement governing deep seabed
mining
Insular areas study
Activities under the Coal Research Act
Activities under the Surface Mining Control and Reclamation Act
of 1977
Receipts, expenditures and work of all state mining and mineral
resources research institutes
Operations under the Abandoned Mine Reclamation Fund
Effectiveness of state anthracite coal mine regulatory programs
Research and demonstration projects in alternative coal mining
technologies
Oil and gas leasing, exploration, and development activities on
nonNorth Slope federal lands in Alaska
Implementation of the Federal Oil and Gas Royalty Management
Act of 1982
Delinquent royalty accounts under leases on federal lands
Use of modified or other bidding system, and tracts offered for
lease, under the Outer Continental Shelf Lands Act
Proposed oil and gas leasing programs for outer continental
shelf lands
Environmental effects of activities under the Outer Continental
Shelf Lands Act
Financial disclosures of employees performing functions under
the Outer Continental Shelf Lands Act or the Outer
Continental Shelf Lands Act Amendments of 1978
Estimated reserves of oil and gas in outer continental shelf
Status of nationwide geological mapping program
Deep seabed revenue sharing trust fund
Annual report of advisory council on coal research
National plan for research in mining and mineral resources
Water Resources
Report of the work of the River Basin Commissions
Actual operations under adopted criteria for coordinated long-
range operation of Colorado River reservoirs
Studies on Colorado River water quality
Approval of projects under the Small Reclamation Projects Act
and proposals received
Deferments of payments for reclamation projects
Proposed contracts for drainage works and minor construction
over $200,000 on federal reclamation projects
Budget for operations financed by the lower Colorado River
Basin Development Fund
Budget for operations financed by the upper Colorado River
Basin Fund
Annual consumptive use and losses of water from the Colorado
River system
Findings and technical data on dams requiring structural
modification
Status of revenues from and costs relating to the Colorado
River storage project
Preparation of level B plans
Annual report of Pacific Northwest Electric Power and
Conservation Planning Council
Insular Affairs
Justification for direct review of final decisions of the
highest court of Guam
Justification for direct review of final decisions of the
highest court of Virgin Islands
Proposed constitution for Guam
Certain agreements with the Federated States of Micronesia or
the Marshall Islands
Determination that the Governments of the Marshall Islands and
the Federated States of Micronesia shall refrain
from actions incompatible with United States
authority and responsibility for security and
defense matters
Impact of the Compact of Free Association on United States
territories and commonwealths and on Hawaii
Law enforcement assistance agreements between the United States
and Federated States of Micronesia
Determination regarding transfer of funds available under the
Compact of Free Association to the Federated States
of Micronesia and the Marshall Islands to accounts
for payment to owners of seized fishing vessels
Law enforcement assistance agreements between the United States
and the Marshall Islands
Future funding needs on Bikini Atoll
Proposed transportation or storage of spent nuclear fuel or
high-level radioactive waste on any United States
territory or possession
United States noncontinguous Pacific Areas policy
Audit of the financial report submitted by the Governor of Guam
Audit of financial report, Commonwealth of the Northern Mariana
Islands
Governments of the Federated States of Micronesia and the
Marshall Islands: implementation of plans and use
of funds for grant assistance in the Compact of
Free Association
Comprehensive financial reports of the Governor of Guam
Comprehensive financial report of the Governor of the Virgin
Islands
Comprehensive financial report of the Governor of American
Samoa
Annual financial reports regarding Marshall Islands,
Micronesia, Palau and Northern Mariana Islands
Native Americans
Final decision of any claim challenging the partition of joint
reservation
Results of land acquisition negotiations with Kootznoowoo, Inc.
Modification or amendment of land exchange between the United
States and the Goldbelt and Sealaska Corporations
Activities, views and recommendations of National Indian Gaming
Commission