[105th Congress Public Law 83]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ83.105]
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Public Law 105-83
105th Congress
An Act
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1998, and for other
purposes. <<NOTE: Nov. 14, 1997 - [H.R. 2107]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
the Interior and Related Agencies Appropriations Act, 1998.>> That the
following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for the fiscal year ending September 30, 1998,
and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to Public Law 96-487 (16 U.S.C. 3150(a)), $583,270,000, to remain
available until expended, of which $2,043,000 shall be available for
assessment of the mineral potential of public lands in Alaska pursuant
to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of which
$3,000,000 shall be derived from the special receipt account established
by the Land and Water Conservation Act of 1965, as amended (16 U.S.C.
460l-6a(i)); and of which $1,500,000 shall be available in fiscal year
1998 subject to a match by at least an equal amount by the National Fish
and Wildlife Foundation, to such Foundation for challenge cost share
projects supporting fish and wildlife conservation affecting Bureau
lands; in addition, $27,650,000 for Mining Law Administration program
operations, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation estimated at
not more than $583,270,000; and in addition, not to exceed $5,000,000,
to remain available until expended, from annual mining claim fees; which
shall be credited to this account for the costs of administering the
mining claim fee program, and $2,000,000 from communication site rental
fees established by the Bureau for the cost of administering
communication site activities: Provided, That appropriations herein made
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shall not be available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its contractors.
wildland fire management
For necessary expenses for fire use and management, fire
preparedness, suppression operations, and emergency rehabilitation by
the Department of the Interior, $280,103,000, to remain available until
expended, of which not to exceed $6,950,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$12,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to section 107 or 113(f)
of such Act, shall be credited to this account to be available until
expended without further appropriation: Provided further, That such sums
recovered from or paid by any party are not limited to monetary payments
and may include stocks, bonds or other personal or real property, which
may be retained, liquidated, or otherwise disposed of by the Secretary
and which shall be credited to this account.
construction
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $3,254,000, to remain available until
expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $120,000,000, of which not to exceed
$400,000 shall be available for administrative expenses: Provided, That
no payment shall be made to otherwise eligible units of local government
if the computed amount of the payment is less than $100.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $11,200,000, to be derived from
the Land and Water Conservation Fund, to remain available until
expended.
[[Page 111 STAT. 1545]]
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing
connecting roads on or adjacent to such grant lands; $101,406,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the general fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
forest ecosystems health and recovery
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, and monitoring salvage
timber sales and forest ecosystem health and recovery activities such as
release from competing vegetation and density control treatments. The
Federal share of receipts derived from treatments funded by this account
shall be deposited into the Forest Ecosystem Health and Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $9,113,000, to remain
available until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579, as amended, and Public Law 93-153, to remain
available until expended: Provided, That <<NOTE: 43 USC 1735 note.>>
notwithstanding any provision to the contrary of section 305(a) of
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will
be received pursuant to that section, whether
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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
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until expended for operation and maintenance of fishery mitigation
facilities constructed by the Corps of Engineers under the Lower Snake
River Compensation Plan, authorized by the Water Resources Development
Act of 1976, to compensate for loss of fishery resources from water
development projects on the Lower Snake River, and of which not less
than $2,000,000 shall be provided to local governments in southern
California for planning associated with the Natural Communities
Conservation Planning (NCCP) program and shall remain available until
expended, and of which not to exceed $5,190,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act of 1973, as amended: Provided, That the proviso
under this heading in Public Law 104-208 is <<NOTE: 16 USC 742b note.>>
amended by striking the words ``Education and'' and inserting in lieu
thereof ``Conservation'', by striking the word ``direct'' and inserting
in lieu thereof the word ``full'', and by inserting before the period
``, to remain available until expended''.
construction
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection, and
utilization of fishery and wildlife resources, and the acquisition of
lands and interests therein; $45,006,000, to remain available until
expended.
natural resource damage assessment fund
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990
(Public Law 101-380), and Public Law 101-337; $4,228,000, to remain
available until expended: Provided, That under this heading in
Public <<NOTE: 43 USC 1474b-1.>> Law 104-134, strike ``in fiscal year
1996 and thereafter'' in the proviso and insert ``heretofore and
hereafter'', and before the phrase ``or properties shall be utilized''
in such proviso, insert ``, to remain available until expended,'':
Provided further, That the first proviso under this heading in Public
Law 103-138 <<NOTE: 43 USC 1474b-1.>> is amended by inserting after
``account'' the following: ``, including transfers to Federal trustees
and payments to non-Federal trustees,''.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $62,632,000, to remain
available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $14,000,000, for
grants to States, to be derived from the Cooperative Endangered Species
Conservation Fund, and to remain available until expended.
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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
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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.
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construction
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$214,901,000, to remain available until expended: Provided, That
$500,000 for the Rutherford B. Hayes Home; $600,000 for the Sotterly
Plantation House; $500,000 for the Darwin Martin House in Buffalo, New
York; $500,000 for the Penn Center, South Carolina; and $1,000,000 for
the Vietnam Veterans Museum in Chicago, Illinois shall be derived from
the Historic Preservation Fund pursuant to 16 U.S.C. 470a: Provided
further, That $3,000,000 for the Hispanic Cultural Center, New Mexico,
is subject to authorization: Provided further, That none of the funds
provided in this Act may be used to relocate the Brooks River Lodge in
Katmai National Park and Preserve from its current physical location.
land and water conservation fund
(rescission)
The contract <<NOTE: 16 USC 460l-10a note.>> authority provided for
fiscal year 1998 by 16 U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority applicable to
the National Park Service, $143,290,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended, of which
$1,000,000 is to administer the State assistance program: Provided, That
any funds made available for the purpose of acquisition of the Elwha and
Glines dams shall be used solely for acquisition, and shall not be
expended until the full purchase amount has been appropriated by the
Congress: Provided further, That from the funds made available for land
acquisition at Everglades National Park and Big Cypress National
Preserve, the Secretary may provide for Federal assistance to the State
of Florida for the acquisition of lands or waters, or interests therein,
within the Everglades watershed (consisting of lands and waters within
the boundaries of the South Florida Water Management District, Florida
Bay and the Florida Keys) under terms and conditions deemed necessary by
the Secretary, to improve and restore the hydrological function of the
Everglades watershed: Provided further, That the Secretary may provide
such funds to the State of Florida for acquisitions within Stormwater
Treatment Area 1-E, including reimbursement for lands or waters, or
interests therein, within Stormwater Treatment Area 1-E acquired by the
State of Florida prior to the enactment of this Act: Provided further,
That funds provided under this heading to the State of Florida shall be
subject to an agreement that such lands will be managed in perpetuity
for the restoration of the Everglades.
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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
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property, unless specifically authorized in writing by the property
owner: Provided further, That <<NOTE: 43 USC 50.>> no part of this
appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services; contracting
for the furnishing of topographic maps and for the making of geophysical
or other specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and maintenance
of necessary buildings and appurtenant facilities; acquisition of lands
for gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302 et seq.: Provided
further, That the United States Geological Survey may contract directly
with individuals or indirectly with institutions or nonprofit
organizations, without regard to section 41 U.S.C. 5, for the temporary
or intermittent services of science students or recent graduates, who
shall be considered employees for the purposes of chapter 81 of title 5,
United States Code, relating to compensation for work injuries, and
chapter 171 of title 28, United States Code, relating to tort claims,
but shall not be considered to be Federal employees for any other
purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable to
oil, gas, and other minerals leases, permits, licenses and operating
contracts; and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles for
replacement only; $137,521,000, of which not less than $68,574,000 shall
be available for royalty management activities; and an amount not to
exceed $65,000,000, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate increases to
fee collections for Outer Continental Shelf administrative activities
performed by the Minerals Management Service over and above the rates in
effect on September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after September
30, 1993: Provided, That $3,000,000 for computer acquisitions shall
remain available until September 30, 1999: Provided further, That funds
appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided
[[Page 111 STAT. 1553]]
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other provision
of law, $15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments.
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $6,118,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; $94,937,000, and notwithstanding 31
U.S.C. 3302, an additional amount shall be credited to this account, to
remain available until expended, from performance bond forfeitures in
fiscal year 1998: Provided, That the Secretary of the Interior, pursuant
to regulations, may utilize directly or through grants to States, moneys
collected in fiscal year 1998 for civil penalties assessed under section
518 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1268), to reclaim lands adversely affected by coal mining practices
after August 3, 1977, to remain available until expended: Provided
further, That <<NOTE: 30 USC 1211 note.>> appropriations for the Office
of Surface Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $177,624,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $5,000,000 shall be for supplemental grants to States for
the reclamation of abandoned sites with acid mine rock drainage from
coal mines through the Appalachian Clean Streams Initiative: Provided,
That grants to minimum program States will be $1,500,000 per State in
fiscal year 1998: Provided further, That of the funds herein provided up
to $18,000,000 may be used for the emergency program authorized by
section 410 of Public Law 95-87, as amended, of which no more than 25
percent shall be used for emergency reclamation projects in any one
State and funds for federally administered emergency reclamation
projects under this proviso shall not exceed
[[Page 111 STAT. 1554]]
$11,000,000: Provided further, That prior year unobligated funds
appropriated for the emergency reclamation program shall not be subject
to the 25 percent limitation per State and may be used without fiscal
year limitation for emergency projects: Provided further, That pursuant
to Public Law 97-365, the Department of the Interior is authorized to
use up to 20 percent from the recovery of the delinquent debt owed to
the United States Government to pay for contracts to collect these
debts: Provided further, That funds made available to States under title
IV of Public Law 95-87 may be used, at their discretion, for any
required non-Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclamation
Act: Provided further, That the State of Maryland may set aside the
greater of $1,000,000 or 10 percent of the total of the grants made
available to the State under title IV of the Surface Mining Control and
Reclamation Act of 1977, as amended (30 U.S.C. 1231 et seq.), if the
amount set aside is deposited in an acid mine drainage abatement and
treatment fund established under a State law, pursuant to which law the
amount (together with all interest earned on the amount) is expended by
the State to undertake acid mine drainage abatement and treatment
projects, except that before any amounts greater than 10 percent of its
title IV grants are deposited in an acid mine drainage abatement and
treatment fund, the State of Maryland must first complete all Surface
Mining Control and Reclamation Act priority one projects.
Bureau of Indian Affairs
operation of indian programs
For operation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts, and grants including expenses
necessary to provide education and welfare services for Indians, either
directly or in cooperation with States and other organizations,
including payment of care, tuition, assistance, and other expenses of
Indians in boarding homes, or institutions, or schools; grants and other
assistance to needy Indians; maintenance of law and order; management,
development, improvement, and protection of resources and appurtenant
facilities under the jurisdiction of the Bureau, including payment of
irrigation assessments and charges; acquisition of water rights;
advances for Indian industrial and business enterprises; operation of
Indian arts and crafts shops and museums; development of Indian arts and
crafts, as authorized by law; for the general administration of the
Bureau, including such expenses in field offices; maintaining of Indian
reservation roads as defined in 23 U.S.C. 101; and construction, repair,
and improvement of Indian housing, $1,528,588,000, to remain available
until September 30, 1999 except as otherwise provided herein, of which
not to exceed $93,825,000 shall be for welfare assistance payments and
not to exceed $105,829,000 shall be for payments to tribes and tribal
organizations for contract support costs associated with ongoing
contracts or grants or compacts entered into with the Bureau prior to
fiscal year 1998, as authorized by the Indian Self-Determination Act of
1975, as amended, and up to $5,000,000 shall be for the Indian Self-
Determination Fund,
[[Page 111 STAT. 1555]]
which shall be available for the transitional cost of initial or
expanded tribal contracts, grants, compacts, or cooperative agreements
with the Bureau under such Act; and of which not to exceed $374,290,000
for school operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 1998, and shall remain
available until September 30, 1999; and of which not to exceed
$55,949,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, land records
improvements and the Navajo-Hopi Settlement Program: Provided, That
tribes and tribal contractors may use their tribal priority allocations
for unmet indirect costs of ongoing contracts, grants or compact
agreements and for unmet welfare assistance costs: Provided further,
That funds made available to tribes and tribal organizations through
contracts, compact agreements, or grants obligated during fiscal years
1998 and 1999, as authorized by the Indian Self-Determination Act of
1975, or grants authorized by the Indian Education Amendments of 1988
(25 U.S.C. 2001 and 2008A) shall remain available until expended by the
contractor or grantee: Provided further, That to provide funding
uniformity within a Self-Governance Compact, any funds provided in this
Act with availability for more than two years may be reprogrammed to two
year availability but shall remain available within the Compact until
expended: Provided further, That notwithstanding any other provision of
law, Indian tribal governments may, by appropriate changes in
eligibility criteria or by other means, change eligibility for general
assistance or change the amount of general assistance payments for
individuals within the service area of such tribe who are otherwise
deemed eligible for general assistance payments so long as such changes
are applied in a consistent manner to individuals similarly situated:
Provided further, That any savings realized by such changes shall be
available for use in meeting other priorities of the tribes: Provided
further, That any net increase in costs to the Federal Government which
result solely from tribally increased payment levels for general
assistance shall be met exclusively from funds available to the tribe
from within its tribal priority allocation: Provided further, That any
forestry funds allocated to a tribe which remain unobligated as of
September 30, 1998, may be transferred during fiscal year 1999 to an
Indian forest land assistance account established for the benefit of
such tribe within the tribe's trust fund account: Provided further,
That <<NOTE: Expiration date.>> any such unobligated balances not so
transferred shall expire on September 30, 1999: Provided further, That
notwithstanding any other provision of law, no funds available to the
Bureau, other than the amounts provided herein for assistance to public
schools under 25 U.S.C. 452 et seq., shall be available to support the
operation of any elementary or secondary school in the State of Alaska
in fiscal year 1998: Provided further, That funds made available in this
or any other Act for expenditure through September 30, 1999 for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996: Provided further, That no
funds available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place or
approved by the Secretary of the Interior at each school <<NOTE: 25 USC
2012 note.>> in the Bureau school system as of October 1, 1995:
Provided further, That beginning in fiscal year 1998 and thereafter and
notwithstanding 25
[[Page 111 STAT. 1556]]
U.S.C. 2012(h)(1)(B), when the rates of basic compensation for teachers
and counselors at Bureau-operated schools are established at the rates
of basic compensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers Pay and Personnel
Practices Act, such rates shall become effective with the start of the
next academic year following the issuance of the Department of Defense
salary schedule and shall not be effected retroactively: Provided
further, That the Cibecue Community School may use prior year school
operations funds for the construction of a new high school facility
which is in compliance with 25 U.S.C. 2005(a) provided that any
additional construction costs for replacement of such facilities begun
with prior year funds shall be completed exclusively with non-Federal
funds: Provided further, That tribes may use tribal priority allocations
funds for the replacement and repair of school facilities which are in
compliance with 25 U.S.C. 2005(a), so long as such replacement or repair
is approved by the Secretary and completed with non-Federal tribal and/
or tribal priority allocations funds.
construction
For construction, major repair, and improvement of irrigation and
power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $125,051,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 percent of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: Provided further, That for fiscal year 1998,
in implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as amended, the
Secretary of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs contained in 43
CFR part 12 as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the Secretary
and the grantee shall negotiate and determine a schedule of payments for
the work to be performed: Provided further, That in considering
applications, the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by 25 U.S.C.
2005(a), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements contained in 25
U.S.C. 2505(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e).
[[Page 111 STAT. 1557]]
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $43,352,000, to remain available
until expended; of which $42,000,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618, 102-374, and 102-575, and for
implementation of other enacted water rights settlements, including not
to exceed $8,000,000, which shall be for the Federal share of the
Catawba Indian Tribe of South Carolina Claims Settlement, as authorized
by section 5(a) of Public Law 103-116; and of which $1,352,000 shall be
available pursuant to Public Laws 99-264, 100-383, 103-402, and 100-580:
Provided, That the Secretary is directed to sell land and interests in
land, other than surface water rights, acquired in conformance with
section 2 of the Truckee River Water Quality Settlement Agreement, the
receipts of which shall be deposited to the Lahontan Valley and Pyramid
Lake Fish and Wildlife Fund, and be available for the purposes of
section 2 of such agreement, without regard to the limitation on the
distribution of benefits in the second sentence of paragraph 206(f)(2)
of Public Law 101-618.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $34,615,000.
In addition, for administrative expenses to carry out the guaranteed
loan programs, $500,000.
administrative provisions
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
the Technical Assistance of Indian Enterprises account, the Indian
Direct Loan Program account, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits, and purchase of
not to exceed 229 passenger motor vehicles, of which not to exceed 187
shall be for replacement only.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office operations or pooled
overhead general administration shall be available for tribal contracts,
grants, compacts, or cooperative agreements with the Bureau of Indian
Affairs under the provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103-413).
[[Page 111 STAT. 1558]]
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $67,514,000, of which:
(1) $63,665,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensation and expenses,
as authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $3,849,000 shall be available for salaries and expenses of the
Office of Insular Affairs: Provided, That <<NOTE: 48 USC 1469b.>> all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or utilized by such governments, may be
audited by the General Accounting Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That of the amounts provided
for technical assistance, sufficient funding shall be made available for
a grant to the Close Up Foundation: Provided further, That the funds for
the program of operations and maintenance improvement are appropriated
to institutionalize routine operations and maintenance improvement of
capital infrastructure in American Samoa, Guam, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations maintenance needs, improved
capability of local operations and maintenance institutions and agencies
(including management and vocational education training), and project-
specific maintenance (with territorial participation and cost sharing to
be determined by the Secretary based on the individual territory's
commitment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the
[[Page 111 STAT. 1559]]
Compact of Free Association, and for economic assistance and necessary
expenses for the Republic of Palau as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association, $20,545,000, to
remain available until expended, as authorized by Public Law 99-239 and
Public Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $58,286,000, of which not to exceed $8,500 may be for official
reception and representation expenses, and of which up to $1,200,000
shall be available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $35,443,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$24,500,000.
National Indian Gaming Commission
salaries and expenses
For necessary expenses of the National Indian Gaming Commission,
pursuant to Public Law 100-497, $1,000,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $33,907,000, to
remain available until expended: Provided, That funds for trust
management improvements may be transferred to the Bureau of Indian
Affairs: Provided further, That funds made available to tribes and
tribal organizations through contracts or grants obligated during fiscal
year 1998, as authorized by the Indian Self-Determination Act of 1975
(25 U.S.C. 450 et seq.), shall remain available until expended by the
contractor or grantee: Provided further, That notwithstanding any other
provision of law, the statute of limitations shall not commence to run
on any claim, including any claim in litigation pending on the date of
the enactment of this Act, concerning losses to or mismanagement of
trust funds, until the affected tribe or individual Indian has been
furnished with an accounting of such funds from which the beneficiary
can determine whether there has been a loss.
[[Page 111 STAT. 1560]]
Administrative Provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no programs
funded with appropriated funds in the ``Departmental Management'',
``Office of the Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund or the Consolidated Working
Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for
contingency planning subsequent to actual oilspills; response and
natural resource damage assessment activities related to actual
oilspills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer, from
any no year funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimbursement to be
credited to appropriations currently available at the time of receipt
thereof: Provided further,
[[Page 111 STAT. 1561]]
That for emergency rehabilitation and wildfire suppression activities,
no funds shall be made available under this authority until funds
appropriated to ``Wildland Fire Management'' shall have been exhausted:
Provided further, That all funds used pursuant to this section are
hereby designated by Congress to be ``emergency requirements'' pursuant
to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the Interior
for salaries and expenses shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of twelve months beginning at any time during
the fiscal year.
Sec. 107. In <<NOTE: 16 USC 460l-6a note.>> fiscal year 1998 and
thereafter, for those years in which the recreation fee demonstration
program authorized in Public Law 104-134 is in effect, the fee
collection support authority provided in 16 U.S.C. 460l-6(i)(1)(B)
applies only to parks not included in the fee demonstration program, and
that the amount retained under this authority to cover fee collection
costs will not exceed those costs at the non-demonstration parks, or 15
percent of all fees collected at non-demonstration parks in a fiscal
year whichever is less. Fee collection costs for parks included in the
fee demonstration program will be covered by the fees retained at those
parks.
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
[[Page 111 STAT. 1562]]
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore oil and natural
gas preleasing, leasing, and related activities, on lands within the
North Aleutian Basin planning area.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the eastern Gulf of Mexico
planning area for any lands located outside Sale 181, as identified in
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program,
1997-2002.
Sec. 111. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 112. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the Funds, even in the
event of a bank failure.
Sec. 113. (a) Employees <<NOTE: 50 USC 167 note.>> of Helium
Operations, Bureau of Land Management, entitled to severance pay under 5
U.S.C. 5595, may apply for, and the Secretary of the Interior may pay,
the total amount of the severance pay to the employee in a lump sum.
Employees paid severance pay in a lump sum and subsequently reemployed
by the Federal Government shall be subject to the repayment provisions
of 5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be made
to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the required
employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund
shall pay for 18 months the remaining portion of required contributions.
(c) The Secretary of the Interior may provide for training to assist
Helium Operations employees in the transition to other Federal or
private sector jobs during the facility shut-down and disposition
process and for up to 12 months following separation from Federal
employment, including retraining and relocation incentives on the same
terms and conditions as authorized for employees of the Department of
Defense in section 348 of the National Defense Authorization Act for
Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions of 5
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and
other related Helium Program activities shall be deemed
[[Page 111 STAT. 1563]]
to create an exigency of public business under, and annual leave that is
lost during leave years 1997 through 2001 because of, 5 U.S.C. 6304
(regardless of whether such leave was scheduled in advance) shall be
restored to the employee and shall be credited and available in
accordance with 5 U.S.C. 6304(d)(2). Annual leave so restored and
remaining unused upon the transfer of a Helium Program employee to a
position of the executive branch outside of the Helium Program shall be
liquidated by payment to the employee of a lump sum from the Helium Fund
for such leave.
(e) Benefits under this section shall be paid from the Helium Fund
in accordance with section 4(c)(4) of the Helium Privatization Act of
1996. Funds may be made available to Helium Program employees who are or
will be separated before October 1, 2002 because of the cessation of
helium production and sales and other related activities. Retraining
benefits, including retraining and relocation incentives, may be paid
for retraining commencing on or before September 30, 2002.
Sec. 114. None of the funds in this or previous appropriations Acts
may be used to establish a new regional office in the United States Fish
and Wildlife Service without the advance approval of the House and
Senate Committees on Appropriations.
Sec. 115. (a) Conveyance <<NOTE: West Virginia.>> Requirement.--
Within 90 days after the date of enactment of this Act, the Secretary of
the Interior shall convey to the State of West Virginia without
reimbursement, all right, title, and interest of the United States in
and to the property described in subsection (b), for sole use by the
Wildlife Resources Section of the West Virginia Division of Natural
Resources, as part of the State of West Virginia fish culture program.
(b) Property Described.--The property referred to in subsection (a)
is the property known as the Bowden National Fish Hatchery, located on
old United States Route 33, Randolph County, West Virginia, consisting
of 44 acres (more or less), and all improvements and related personal
property under the control of the
Secretary that is located on that property, including buildings,
structures, equipment, and all easements, leases, and water rights
relating to that property.
(c) Use and Reversionary Interest.--The property conveyed to the
State of West Virginia pursuant to this section shall be used and
operated solely by the Wildlife Resources Section of the West Virginia
Division of Natural Resources for the purposes of fishery resources
management and fisheries-related activities, and if it is used for any
other purposes or by any other party other than the use authorized under
subsection (a), all right, title, and interest in and to all property
conveyed under this section shall revert to the United States. The State
of West Virginia shall ensure that the property reverting to the United
States is in substantially the same or better condition as at the time
of transfer.
Sec. 116. Section 115 of <<NOTE: 43 USC 1471f.>> Public Law 103-332
is amended by inserting after the word ``title'' the following: ``or
provided from other Federal agencies through reimbursable or other
agreements pursuant to the Economy Act''.
Sec. 117. The third proviso under the heading ``Compact of Free
Association'' of Public Law 100-446 <<NOTE: 102 Stat. 1798.>> is
amended by striking ``$2,000,000'' and inserting ``$2,500,000'' and by
adding at the end of the proviso the following: ``and commencing on
October 1, 1998 and every year thereafter, this dollar amount shall be
changed
[[Page 111 STAT. 1564]]
to reflect any fluctuation occurring during the previous twelve (12)
months in the Consumer Price Index, as determined by the Secretary of
Labor''.
Sec. 118. Any funds made available in this Act or any other Act for
tribal priority allocations (hereafter in this section ``TPA'') in
excess of the funds expended for TPA in fiscal year 1997 (adjusted for
fixed costs, internal transfers pursuant to other law, and proposed
increases to formula-driven programs not included in tribes' TPA base)
shall only be available for distribution--
(1) to each tribe to the extent necessary to provide that
tribe the minimum level of funding recommended by the Joint-
Tribal/BIA/DOI Task Force on Reorganization of the Bureau of
Indian Affairs Report of 1994 (hereafter ``the 1994 Report'')
not to exceed $160,000 per tribe; and
(2) to the extent funds remain, such funds will be allocated
according to the recommendations of a task force comprised of 2
designated Federal officials and 2 tribal representatives from
each BIA area. These representatives shall be selected by the
Secretary after considering a list of names of tribal leaders
nominated and elected by the tribes in each area. The list of
nominees shall be provided to the Secretary by October 31, 1997.
If the tribes in an area fail to submit a list of nominees to
the Secretary by October 31, 1997, the Secretary shall select
representatives after consulting with the BIA. In determining
the allocation of remaining funds, the Task Force shall consider
the recommendations and principles contained in the 1994 Report.
If the Task Force cannot agree on a distribution by January 31,
1998, the Secretary shall distribute the remaining funds based
on the recommendations of a majority of Task Force members no
later than February 28, 1998. If a majority recommendation
cannot be reached, the Secretary in exercising his discretion
shall distribute the remaining funds considering the
recommendations of the Task Force members.
Sec. 119. Section 116 of the Omnibus Appropriations Act for Fiscal
Year 1997 (Public Law 104-208; 110 Stat. 3009-201) is amended--
(1) by striking ``Miners Hospital Grant'' each place it
appears and inserting in lieu thereof ``Miners Hospital
Grants'';
(2) by striking ``(February 20, 1929, 45 Stat. 1252)'' each
place it appears and inserting in lieu thereof ``(July 16, 1894,
28 Stat. 110 and February 20, 1929, 45 Stat. 1252)''; and
(3) by striking ``(July 26, 1894, 28 Stat. 110)'' each place
it appears and inserting in lieu thereof ``(July 16, 1894, 28
Stat. 110)''.
Sec. 120. Notwithstanding <<NOTE: Claims. Mines and mining.>> any
other provision of law, 90 days after enactment of this section there is
hereby vested in the United States all right, title and interest in and
to, and the right of immediate possession of, all patented mining claims
and valid unpatented mining claims (including any unpatented claim whose
validity is in dispute, so long as such validity is later established in
accordance with applicable agency procedures) in the area known as the
Kantishna Mining District within Denali National Park and Preserve, for
which all current owners (or the bankruptcy trustee as provided
hereafter) of each such claim (for unpatented claims, ownership as
identified in recordations under the mining laws and regulations)
consent to such vesting in writing to the
[[Page 111 STAT. 1565]]
Secretary of the Interior within said 90-day period: Provided, That in
the case of a mining claim in the Kantishna Mining District that is
involved in a bankruptcy proceeding, where the bankruptcy trustee is a
holder of an interest in such mining claim, such consent may only be
provided and will be deemed timely for purposes of this section if the
trustee applies within said 90-day period to the bankruptcy court or any
other appropriate court for authority to sell the entire mining claim
and to consent to the vesting of title to such claim in the United
States pursuant to this section, and that in such event title in the
entire mining claim shall vest in the United States 10 days after entry
of an unstayed, final order or judgment approving the trustee's
application: Provided further, That the United States shall pay just
compensation to the aforesaid owners of any valid claims to which title
has vested in the United States pursuant to this section, determined as
of the date of taking: Provided further, That payment shall be in the
amount of a negotiated settlement of the value of such claim or the
valuation of such claim awarded by judgment, and such payment, including
any deposits in the registry of the court, shall be made solely from the
permanent judgment appropriation established pursuant to section 1304 of
title 31, United States Code, and shall include accrued interest on the
amount of the agreed settlement value or the final judgment from the
date of taking to the date of payment, calculated in accordance with
section 258a of title 40, United States Code: Provided further, That the
United States or a claim owner or bankruptcy trustee may initiate
proceedings after said 90-day period, but no later than six years after
the date of enactment of this section, seeking a determination of just
compensation in the District Court for the District of Alaska pursuant
to the Declaration of Taking Act, sections 258a-e of title 40, United
States Code (except where inconsistent with this section), and joining
all owners of the claim: Provided further, That when any such suit is
instituted by the United States or the owner or bankruptcy trustee, the
United States shall deposit as soon as possible in the registry of the
court the estimated just compensation, in accordance with the procedures
generally described in section 258a of title 40, United States Code, not
otherwise inconsistent with this section: Provided further, That in
establishing any estimate for deposit in the court registry (other than
an estimate based on an agency approved appraisal made prior to the date
of enactment of this Act) the Secretary of the Interior shall permit the
claim owner to present information to the Secretary on the value of the
claim, including potential mineral value, and the Secretary shall
consider such information and permit the claim owner to have a
reasonable and sufficient opportunity to comment on such estimate:
Provided further, That the estimated just compensation deposited in the
court registry shall be paid forthwith to the aforesaid owners upon
application to the court: Provided further, That any payment from the
court registry to the aforesaid owners shall be deducted from any
negotiated settlement or award by judgment: Provided further, That the
United States may not request the court to withhold any payment from the
court registry for environmental remediation with respect to such claim:
Provided further, That the Secretary shall not allow any unauthorized
use of claims acquired pursuant to this section after the date title
vests in the United States pursuant to this section, and the Secretary
shall permit the orderly termination of all operations on
[[Page 111 STAT. 1566]]
the lands and the removal of equipment, facilities, and personal
property by claim owners or bankruptcy trustee (as appropriate).
Sec. 121. Section 1034 of Public Law 104-333 (110 Stat. 4093, 4240)
is amended by striking ``at any time within 12 months of enactment of
this Act'' and inserting in lieu thereof ``on or before October 1,
1998'' and by inserting at the end of the section the following new
sentence: ``If such litigation is commenced, at the court trial, any
party may introduce any relevant evidence bearing on the interpretation
of the 1976 agreement.''.
Sec. 122. (a) Kodiak Land Valuation.--Notwithstanding the Refuge
Revenue Sharing Act (16 U.S.C. 715s) or any regulations implementing
such Act, the fair market value for the initial computation of the
payment to Kodiak Island Borough pursuant to such Act shall be based on
the purchase price of the parcels acquired from Akhiok-Kaguyak,
Incorporated, Koniag, Incorporated, and the Old Harbor Native
Corporation for addition to the Kodiak National Wildlife Refuge.
(b) Reappraisals.--The fair market value of the parcels described in
subsection (a) shall be reappraised by the Alaska Region of the United
States Fish and Wildlife Service under the Refuge Revenue Sharing Act
(16 U.S.C. 715s). Any such reappraisals shall be made in accordance with
such Act and any other applicable law and regulation, and shall be
effective for any payments made in fiscal year 1999.
(c) Effective Date.--The fair market value computation required
under subsection (a) shall be effective as of the date of the
acquisition of the parcels described is such subsection.
Sec. 123. Assessment of Fees. (a) Commission Funding.--Section 18(a)
of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)) is amended--
(1) in paragraph (1), by striking ``class II gaming
activity'' and inserting ``gaming operation that conducts a
class II or class III gaming activity''; and
(2) in paragraph (2)--
(A) in subparagraph (A)(i), by striking ``no less
than 0.5 percent nor'' and inserting ``no'';
(B) in subparagraph (B), by striking ``$1,500,000''
and inserting ``$8,000,000''; and
(C) nothing in subsection (a) of this section shall
apply to self-regulated tribes such as the Mississippi
Band of Choctaw.
(b) Authorization of Appropriations.--Section 19 of the Indian
Gaming Regulatory Act (25 U.S.C. 2718) is amended--
(1) in subsection (a), by striking ``such sums as may be
necessary'' and inserting ``for fiscal year 1998, and for each
fiscal year thereafter, an amount equal to the amount of funds
derived from the assessments authorized by section 18(a) for the
fiscal year immediately preceding the fiscal year involved,'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Notwithstanding section 18, there are authorized to be
appropriated to fund the operation of the Commission, $2,000,000 for
fiscal year 1998, and $2,000,000 for each fiscal year thereafter. The
amounts authorized to be appropriated in the preceding
sentence shall be in addition to the amounts authorized to be
appropriated under subsection (a).''.
[[Page 111 STAT. 1567]]
Sec. 124. (a) Priority of Bonds.--Section 3 of Public Law 94-392 (90
Stat. 1193, <<NOTE: 48 USC 1574c.>> 1195) is amended--
(1) by striking ``priority for payment'' and inserting ``a
parity lien with every other issue of bonds or other obligations
issued for payment''; and
(2) by striking ``in the order of the date of issue''.
(b) Application.--The <<NOTE: 48 USC 1574c.>> amendments made by
subsection (a) shall apply to obligations issued on or after the date of
enactment of this section.
(c) Short Term Borrowing.--Section 1 of Public Law 94-392 (90 Stat.
1193) <<NOTE: 48 USC 1574a>> is amended by adding the following new
subsection at the end:
``(d) The legislature of the Government of the Virgin Islands may
cause to be issued notes in anticipation of the collection of the taxes
and revenues for the current fiscal year. Such notes shall mature and be
paid within one year from the date they are issued. No extension of such
notes shall be valid and no additional notes shall be issued under this
section until all notes issued during a preceding year shall have been
paid.''.
Sec. 125. <<NOTE: Kansas.>> (a) In this section--
(1) the term ``Huron Cemetery'' means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary to
ensure that the lands comprising the Huron Cemetery (as described in
paragraph (3)) are used only in accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used only--
(A) for religious and cultural uses that are compatible with
the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is as
follows:
The tract of land in the NW \1/4\ of sec. 10, T. 11 S., R.
25 E., of the sixth principal meridian, in Wyandotte County,
Kansas (as surveyed and marked on the ground on August 15, 1888,
by William Millor, Civil Engineer and Surveyor), described as
follows:
``Commencing on the Northwest corner of the
Northwest Quarter of the Northwest Quarter of said
Section 10;
``Thence South 28 poles to the `true point of
beginning';
``Thence South 71 degrees East 10 poles and 18
links;
``Thence South 18 degrees and 30 minutes West 28
poles;
``Thence West 11 and one-half poles;
``Thence North 19 degrees 15 minutes East 31 poles
and 15 feet to the `true point of beginning', containing
2 acres or more.''.
Sec. 126. Arkansas <<NOTE: 16 USC 431 note.>> Post National
Memorial.--(a) The boundaries of the Arkansas Post National Memorial are
revised to include the approximately 360 acres of land generally
depicted on the map entitled ``Arkansas Post National Memorial, Osotouy
Unit, Arkansas County, Arkansas'' and dated June 1993. Such
[[Page 111 STAT. 1568]]
map shall be on file and available for public inspection in appropriate
offices of the National Park Service of the Department of the Interior.
(b) The Secretary of the Interior is authorized to acquire the lands
and interests therein described in subsection (a) by donation, purchase
with donated or appropriated funds, or exchange: Provided, That such
lands or interests therein may only be acquired with the consent of the
owner thereof.
Sec. 127. For the sole purpose of accessing park or other authorized
visitor services or facilities at, or originating from, the public dock
area at Bartlett Cove, the National Park Service shall initiate a
competitive process by which the National Park Service shall allow one
entry per day for a passenger ferry into Bartlett Cove from Juneau:
Provided, That any passenger ferry allowed entry pursuant to this Act
shall be subject to speed, distance from coast lines, and other
limitations imposed necessary to protect park resources: Provided
further, That nothing in this Act shall be construed as constituting
approval for entry into the waters of Glacier Bay National Park and
Preserve beyond the immediate Bartlett Cove area as defined by a line
extending northeastward from Point Carolus to the west to the
southernmost point of Lester Island, absent required permits.
Sec. 128. Title I of <<NOTE: Petroleum and petroleum
products. Alaska. 42 USC 6508.>> Public Law 96-514 (94 Stat. 2957) is
amended under the heading ``Exploration of National Petroleum Reserve in
Alaska'' by striking ``(8) each lease shall be issued'' through the end
of the first paragraph and inserting in lieu thereof the following:
``(8) each lease shall be issued for an initial period of ten years, and
shall be extended for so long thereafter as oil or gas is produced from
the lease in paying quantities, or as drilling or reworking operations,
as approved by the Secretary, are conducted thereon; (9) for purposes of
conservation of the natural resources of any oil or gas pool, field, or
like area, or any part thereof, lessees thereof and their
representatives are authorized to unite with each other, or jointly or
separately with others, in collectively adopting and operating under a
unit agreement for such pool, field, or like area, or any part thereof
(whether or not any other part of said oil or gas pool, field, or like
area is already subject to any cooperative or unit plan of development
or operation), whenever determined by the Secretary to be necessary or
advisable in the public interest. Drilling, production, and well
reworking operations performed in accordance with a unit agreement shall
be deemed to be performed for the benefit of all leases that are subject
in whole or in part to such unit agreement. When separate tracts cannot
be independently developed and operated in conformity with an
established well spacing or development program, any lease, or a portion
thereof, may be pooled with other lands, whether or not owned by the
United States, under a communitization or drilling agreement providing
for an apportionment of production or royalties among the separate
tracts of land comprising the drilling or spacing unit when determined
by the Secretary of the Interior to be in the public interest, and
operations or production pursuant to such an agreement shall be deemed
to be operations or production as to each such lease committed thereto;
(10) to encourage the greatest ultimate recovery of oil or gas or in the
interest of conservation the Secretary is authorized to waive, suspend,
or reduce the rental, or minimum royalty, or reduce the royalty on an
entire leasehold, including on any lease
[[Page 111 STAT. 1569]]
operated pursuant to a unit agreement, whenever in his judgment the
leases cannot be successfully operated under the terms provided therein.
The Secretary is authorized to direct or assent to the suspension of
operations and production on any lease or unit. In the event the
Secretary, in the interest of conservation, shall direct or assent to
the suspension of operations and production on any lease or unit, any
payment of acreage rental or minimum royalty prescribed by such lease or
unit likewise shall be suspended during the period of suspension of
operations and production, and the term of such lease shall be extended
by adding any such suspension period thereto; and (11) all receipts from
sales, rentals, bonuses, and royalties on leases issued pursuant to this
section shall be paid into the Treasury of the United States: Provided,
That 50 percent thereof shall be paid by the Secretary of the Treasury
semiannually, as soon thereafter as practicable after March 30 and
September 30 each year, to the State of Alaska for: (A) planning; (B)
construction, maintenance, and operation of essential public facilities;
and (C) other necessary provisions of public service: Provided further,
That in the allocation of such funds, the State shall give priority to
use by subdivisions of the State most directly or severely impacted by
development of oil and gas leased under this Act.''.
Sec. 129. Limitations on Certain Indian Gaming Operations. (a)
Definitions.--For purposes of this section, the following definitions
shall apply:
(1) Class iii gaming.--The term ``class III gaming'' has the
meaning provided that term in section 4(8) of the Indian Gaming
Regulatory Act (25 U.S.C. 2703(8)).
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
provided that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450(e)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Department of the Interior.
(4) Tribal-state compact.--The term ``Tribal-State compact''
means a Tribal-State compact referred to in section 11(d) of the
Indian Gaming Regulatory Act (25 U.S.C. 2710(d)).
(b) Class III Gaming Compacts.--
(1) In general.--
(A) Prohibition.--During fiscal year 1998, the
Secretary may not expend any funds made available under
this Act to review or approve any initial Tribal-State
compact for class III gaming entered into on or after
the date of enactment of this Act. This provision shall
not apply to any Tribal-State compact which has been
approved by a State in accordance with State law and the
Indian Gaming Regulatory Act.
(B) Rule of construction.--Nothing in this paragraph
may be construed to prohibit the review or approval by
the Secretary of a renewal or revision of, or amendment
to a Tribal-State compact that is not covered under
subparagraph (A).
(2) Tribal-state compacts.--During fiscal year 1998,
notwithstanding any other provision of law, no Tribal-State
compact for class III gaming shall be considered to have been
approved by the Secretary by reason of the failure of the
Secretary to approve or disapprove that compact. This provision
shall not apply to any Tribal-State compact which has been
[[Page 111 STAT. 1570]]
approved by a State in accordance with State law and the Indian
Gaming Regulatory Act.
Sec. 130. Sense of the Senate Concerning Indian
Gaming.--It is the sense of the Senate that the United States Department
of Justice should vigorously enforce the provisions of the Indian Gaming
Regulatory Act requiring an approved Tribal-State gaming compact prior
to the initiation of class III gaming on Indian lands.
Sec. 131. No funds provided in this or any other Act may be expended
for the promulgation of a proposed or final rule to amend or replace the
National Indian Gaming Commission's definition regulations located at 25
CFR 502.7 and 502.8.
Sec. 132. Notwithstanding <<NOTE: 16 USC 715s note.>> any other
provision of law, hereafter the United States Fish and Wildlife Service
may disburse to local entities impact funding pursuant to Refuge Revenue
Sharing that is associated with Federal real property transferred to the
United States Geological Survey from the United States Fish and Wildlife
Service.
Sec. 133. Conveyance of Land to Lander County, Nevada. (a)
Conveyance.--Not later than the date that is 120 days after the date of
enactment of this Act, the Secretary of the Interior, acting through the
Director of the Bureau of Land Management, shall convey to Lander
County, Nevada, without consideration, all right, title, and interest of
the United States, subject to all valid existing rights and to the
rights-of-way described in subsection (b), in the property described as
T. 32 N., R. 45 E., sec. 18, lots 3, 4, 11, 12, 16, 17, 18, 19, 20 and
21, Mount Diablo Meridian.
(b) Rights-of-way.--The property conveyed under subsection (a) shall
be subject to--
(1) the right-of-way for Interstate 80;
(2) the 33-foot wide right-of-way for access to the Indian
cemetery included under Public Law 90-71 (81 Stat. 173); and
(3) the following rights-of-way granted by the Secretary of
the Interior:
NEV-010937 (powerline).
NEV-066891 (powerline).
NEV-35345 (powerline).
N-7636 (powerline).
N-56088 (powerline).
N-57541 (fiber optic cable).
N-55974 (powerline).
(c) Requirement.--The property described in this section shall be
used for public purposes and should the property be sold or used for
other than public purposes, the property shall revert to the United
States.
Sec. 134. Conveyance of Certain Bureau of Land Management Lands in
Clark County, Nevada. (a) Findings.--Congress finds that--
(1) certain landowners who own property adjacent to land
managed by the Bureau of Land Management in the North Decatur
Boulevard area of Las Vegas, Nevada, bordering on North Las
Vegas, have been adversely affected by certain erroneous private
land surveys that the landowners believed were accurate;
[[Page 111 STAT. 1571]]
(2) the landowners have occupied or improved their property
in good faith reliance on the erroneous surveys of the
properties;
(3) the landowners believed that their entitlement to
occupancy was finally adjudicated by a Judgment and Decree
entered by the Eighth Judicial District Court of Nevada on
October 26, 1989;
(4) errors in the private surveys were discovered in
connection with a dependent resurvey and section subdivision
conducted by the Bureau of Land Management in 1990, which
established accurate boundaries between certain federally owned
properties and private properties; and
(5) the Secretary has authority to sell, and it is
appropriate that the Secretary should sell, based on an
appraisal of the fair market value as of December 1, 1982, the
properties described in section 2(b) to the adversely affected
landowners.
(b) Conveyance of Properties.--
(1) Purchase offers.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the city of Las Vegas,
Nevada, on behalf of the owners of real property located
adjacent to the properties described in paragraph (2),
may submit to the Secretary of the Interior, acting
through the Director of the Bureau of Land Management
(referred to in this Act as the ``Secretary''), a
written offer to purchase the properties.
(B) Information to accompany offer.--An offer under
subparagraph (A) shall be accompanied by--
(i) a description of each property offered to
be purchased;
(ii) information relating to the claims of
ownership of the property based on an erroneous
land survey; and
(iii) such other information as the Secretary
may require.
(2) Description of properties.--The properties described in
this paragraph, containing 37.36 acres, more or less, are--
(A) Government lots 22, 23, 26, and 27 in sec. 18,
T. 19 S., R. 61 E., Mount Diablo Meridian;
(B) Government lots 20, 21, and 24 in sec. 19, T. 19
S., R. 61 E., Mount Diablo Meridian; and
(C) Those lands encroached upon in Government lot 1
in sec. 24, T. 19 S., R. 60 E., Mount Diablo Meridian,
containing approximately 8 acres.
(3) Conveyance.--
(A) In general.--Subject to the condition stated in
subparagraph (B), the Secretary shall convey subject to
valid existing rights to the city of Las Vegas, Nevada,
all right, title, and interest of the United States in
and to the properties offered to be purchased under
paragraph (1) on payment by the city of the fair market
value of the properties, based on an appraisal of the
fair market value as of December 1, 1982, approved by
the Secretary.
(B) Condition.--Properties shall be conveyed under
subparagraph (A) subject to the condition that the city
convey the properties to the landowners who were
adversely
[[Page 111 STAT. 1572]]
affected by reliance on erroneous surveys as described
in subsection (a).
Sec. 135. (a) Notwithstanding any other provision of law, the
Secretary of the Interior is directed to accept full title to
approximately 84 acres of land located in Prince Georges County,
Maryland, adjacent to Oxon Cove Park, and bordered generally by the
Potomac River, Interstate 295 and the Woodrow Wilson Bridge, and in
exchange therefor shall convey to the Corrections Corporation of America
all of the interest of the United States in approximately 42 acres of
land located in Oxon Cove Park in the District of Columbia, and bordered
generally by Oxon Cove, Interstate 295 and the District of Columbia
Impound Lot.
(b) The Secretary shall not acquire any lands under this section if
the Secretary determines that the lands or any portion thereof have
become contaminated with hazardous substances (as defined in the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601)).
(c) Notwithstanding any other provision of law, the United States
shall have no responsibility or liability with respect to any hazardous
wastes or other substances placed on any of the lands covered by this
section after their transfer to any party, but nothing in this section
shall be construed as either diminishing or increasing any
responsibility or liability of the United States based on the condition
of such lands on the date of their transfer to the ownership of another
party: Provided, That the Corrections Corporation of America shall
indemnify the United States for liabilities arising under the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601) and the Resource Conservation Recovery Act (42 U.S.C.
9601 et seq.).
(d) The properties so exchanged shall be equal in fair market value
or if they are not approximately equal, the Corrections Corporation of
America shall equalize the values by the payment of cash to the
Secretary and any such payments shall be deposited to credit of
``Miscellaneous Trust Funds, National Park Service'' and shall be
available without further appropriation until expended for the
acquisition of land within the National Park System. No equalization
shall be required if the value of the property received by the Secretary
is more than that transferred by the Secretary.
(e) Costs of conducting necessary land surveys, preparing the legal
descriptions of the lands to be conveyed, appraisals, deeds, other
necessary documents, and administrative costs shall be borne by the
Corporation. The required appraisals shall be conducted in accordance
with 43 CFR 2201.3-1, 2201.3-3, and 2201.3-4.
(f) Following any exchange authorized by this provision, the
boundaries of the Park System of the Nation's Capital are hereby amended
to reflect the property added to and deleted from that System.
Sec. 136. The <<NOTE: University of Alaska Fairbanks.>> National
Park Service shall, within 30 days of enactment of this Act, begin
negotiations with the University of Alaska Fairbanks, School of Mineral
Engineering, to determine the compensation that shall be paid by the
National Park Service, within funds appropriated to the National Park
Service in this Act, or within unobligated balances of funds
appropriated in prior appropriations Acts, to the University of Alaska
Fairbanks, School of Mineral Engineering, for facilities, equipment, and
interests owned by the University that were destroyed by the Federal
Government at the Stampede Mine Site within the boundaries of Denali
[[Page 111 STAT. 1573]]
National Park and Preserve: Provided, That if the National Park Service
and the University of Alaska Fairbanks, School of Mineral Engineering,
fail to reach a negotiated settlement within 90 days of commencing
negotiations, then the National Park Service shall submit a formal
request to the Director of the Office of Hearings and Appeals,
Department of the Interior, for the purpose of entering into third-party
mediation to be conducted in accordance with the Department of the
Interior's final policy applicable to alternative dispute resolution:
Provided further, That any payment made by the National Park Service to
the University of Alaska Fairbanks, School of Mineral Engineering, shall
fully satisfy the claims of the University of Alaska Fairbanks, School
of Mineral Engineering; and that the University of Alaska Fairbanks,
School of Mineral Engineering, shall convey to the Secretary of the
Interior all property rights in such facilities, equipment and
interests: Provided further, That the Secretary of the Army shall
provide, at no cost, two six-by-six vehicles, in excellent operating
condition, or equivalent equipment to the University of Alaska
Fairbanks, School of Mineral Engineering, and shall construct a bridge
across the Bull River to the Golden Zone Mine Site to allow ingress and
egress for the activities conducted by the School of Mineral
Engineering.
TITLE II--RELATED AGENCIES
Department of Agriculture
forest service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $187,944,000, to remain available until expended.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, cooperative forestry, and
education and land conservation activities, $161,237,000, to remain
available until expended, as authorized by law: Provided, That of funds
available under this heading for Pacific Northwest Assistance in this or
prior appropriations Acts, $800,000 shall be provided to the World
Forestry Center for purposes of continuing scientific research and other
authorized efforts regarding the land exchange efforts in the Umpqua
River Basin region: Provided further, That activities conducted pursuant
to funds provided herein for the Alaska Spruce Bark Beetle task force
shall be exempt from the requirements of the Federal Advisory Committee
Act.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, for forest planning, inventory, and monitoring,
and for administrative expenses associated with the management of funds
provided under the headings ``Forest and Rangeland Research'', ``State
and Private Forestry'', ``National Forest System'', ``Wildland Fire
Management'', ``Reconstruction and
[[Page 111 STAT. 1574]]
Construction'', and ``Land Acquisition'', $1,348,377,000, to remain
available until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land and
Water Conservation Fund Act of 1965, as amended, in accordance with
section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That up to
$10,000,000 of the funds provided herein for road maintenance shall be
available for the planned obliteration of roads which are no longer
needed: Provided further, That funds may be used to construct or
reconstruct facilities of the Forest Service: Provided further, That no
more than $250,000 shall be used on any single project, exclusive of
planning and design costs: Provided further, That any such project must
be approved by the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained in House Report
105-163: Provided further, That <<NOTE: Reports.>> the Forest Service
shall report annually to Congress the amount obligated for each project,
and the total dollars obligated during the year.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned-over National Forest System
lands, $584,707,000 to remain available until expended: Provided, That
such funds are available for repayment of advances from other
appropriations accounts previously transferred for such purposes.
reconstruction and construction
For necessary expenses of the Forest Service, not otherwise provided
for, $166,045,000 to remain available until expended for construction,
reconstruction and acquisition of buildings and other facilities, and
for construction, reconstruction and repair of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $52,976,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,069,000, to be
derived from forest receipts.
[[Page 111 STAT. 1575]]
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act of
December 4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the sixteen Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
midewin national tallgrass prairie restoration fund
All funds collected for admission, occupancy, and use of the Midewin
National Tallgrass Prairie, and the salvage value proceeds from sale of
any facilities and improvements pursuant to sections 2915(d) and (e) of
Public Law 104-106, are hereby appropriated and made available until
expended for the necessary expenses of restoring and administering the
Midewin National Tallgrass Prairie in accordance with section 2915(f) of
the Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 159 passenger
motor vehicles of which 22 will be used primarily for law enforcement
purposes and of which 156 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to exceed two
for replacement only, and acquisition of 20 aircraft from excess sources
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to change the boundaries of any region,
[[Page 111 STAT. 1576]]
to abolish any region, to move or close any regional office for
research, State and private forestry, or National Forest System
administration of the Forest Service, Department of Agriculture without
the consent of the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service may be
advanced to the Wildland Fire Management appropriation and may be used
for forest firefighting and the emergency rehabilitation of burned-over
or damaged lands or waters under its jurisdiction.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and shall be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in the report accompanying this bill.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures contained
in the report accompanying this bill.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service may be used to disseminate program
information to private and public individuals and organizations through
the use of nonmonetary items of nominal value and to provide nonmonetary
awards of nominal value and to incur necessary expenses for the
nonmonetary recognition of private individuals and organizations that
make contributions to Forest Service programs.
Notwithstanding any other provision of law, money collected, in
advance or otherwise, by the Forest Service under authority of section
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of
administrative and other costs incurred in processing pipeline right-of-
way or permit applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination of any pipeline
and related facilities, may be used to reimburse the applicable
appropriation to which such costs were originally charged.
Funds available to the Forest Service shall be available to conduct
a program of not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13, 1970, as
amended by Public Law 93-408.
None of the funds available in this Act shall be used for timber
sale preparation using clearcutting in hardwood stands in
[[Page 111 STAT. 1577]]
excess of 25 percent of the fiscal year 1989 harvested volume in the
Wayne National Forest, Ohio: Provided, That this limitation shall not
apply to hardwood stands damaged by natural disaster: Provided further,
That landscape architects shall be used to maintain a visually pleasing
forest.
Any money collected from the States for fire suppression assistance
rendered by the Forest Service on non-Federal lands not in the vicinity
of National Forest System lands shall be used to reimburse the
applicable appropriation and shall remain available until expended as
the Secretary may direct in conducting activities authorized by 16
U.S.C. 2101 note, 2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Notwithstanding any other provision of law, the Forest Service is
authorized to employ or otherwise contract with persons at regular rates
of pay, as determined by the Service, to perform work occasioned by
emergencies such as fires, storms, floods, earthquakes or any other
unavoidable cause without regard to Sundays, Federal holidays, and the
regular workweek.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even-aged management in hardwood
stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $2,250,000 may be advanced
in a lump sum as Federal financial assistance to the National Forest
Foundation, without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$750,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at least
one-for-one basis funds made available by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a recipient
of Federal financial assistance for a project at the same rate that the
recipient has obtained the non-Federal matching funds: Provided further,
That <<NOTE: 16 USC 583j-9.>> hereafter, the National Forest Foundation
may hold Federal funds made available but not immediately disbursed and
may use any interest or other investment income earned (before, on, or
after the date of enactment of this Act) on Federal funds to carry out
the purposes of Public Law 101-593: Provided further, That such
investments may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,000,000
of the funds available to the Forest Service shall be available for
matching funds, as authorized by 16 U.S.C. 3701-3709, and may be
advanced in a lump sum as Federal financial assistance, without regard
to when expenses are incurred, for projects on or benefitting National
Forest System lands or related to Forest Service programs: Provided,
That the Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at least one-
for-one basis funds
[[Page 111 STAT. 1578]]
advanced by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a recipient of Federal financial
assistance for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System'' and
``Reconstruction and Construction'' accounts and planned to be allocated
to activities under the ``Jobs in the Woods'' program for projects on
National Forest land in the State of Washington may be granted directly
to the Washington State Department of Fish and Wildlife for
accomplishment of planned projects. Twenty percent of said funds shall
be retained by the Forest Service for planning and administering
projects. Project selection and prioritization shall be accomplished by
the Forest Service with such consultation with the State of Washington
as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds available to the Forest Service may be used for
retrofitting the Commanding Officer's Building (S-2), to accommodate the
relocation of the Forest Supervisor's Office for the San Bernardino
National Forest: Provided, That funds for the move must come from funds
otherwise available to Region 5: Provided further, That any funds to be
provided for such purposes shall only be available upon approval of the
House and Senate Committees on Appropriations.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that a
donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-134, the direct grants
provided in subsection (c) shall be considered direct payments for
purposes of all applicable law except that these direct grants may not
be used for lobbying activities.
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any
[[Page 111 STAT. 1579]]
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
No funds appropriated under this or any other Act for the purpose of
operations conducted at the Forest Service Region 10 headquarters,
including those funds identified for centralized field costs for
employees of this office, shall be obligated or expended in excess of
$17,500,000 from the total funds appropriated for Region 10, without 60
days prior notice to Congress. Funds appropriated by this Act to
implement the Revised Tongass National Forest Land Management Plan,
shall be spent and obligated at the Forest Supervisor and Ranger
District levels, with the exception of specific management and oversight
expenses, provided such expenses are included in the funding ceiling of
$17,500,000.
DEPARTMENT OF ENERGY
clean coal technology
(rescission)
Of the funds made available under this heading for obligation in
fiscal year 1997 or prior years, $101,000,000 are rescinded: Provided,
That funds made available in previous appropriations Acts shall be
available for any ongoing project regardless of the separate request for
proposal under which the project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany Research Center in Oregon,
$362,403,000, to remain available until expended: Provided, That no part
of the sum herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas.
alternative fuels production
(including transfer of funds)
Moneys received as investment income on the principal amount in the
Great Plains Project Trust at the Norwest Bank of North Dakota, in such
sums as are earned as of October 1, 1997, shall be deposited in this
account and immediately transferred to the general fund of the Treasury.
Moneys received as revenue sharing from operation of the Great Plains
Gasification Plant shall be immediately transferred to the general fund
of the Treasury.
[[Page 111 STAT. 1580]]
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and oil shale
reserve activities, $107,000,000, and such sums as are necessary to
operate Naval Petroleum Reserve Numbered 1 between May 16, 1998 and
September 30, 1998, to remain available until expended: Provided, That
notwithstanding any other provision of law, revenues received from use
and operation of Naval Petroleum Reserve Numbered 1 in excess of
$163,000,000 shall be used to offset the costs of operating Naval
Petroleum Reserve Numbered 1 between May 16, 1998 and September 30,
1998: Provided further, That revenues retained pursuant to the first
proviso under this heading in Public Law 102-381 (106 Stat. 1404) shall
be immediately transferred to the general fund of the Treasury: Provided
further, That the requirements of <<NOTE: 10 USC 7430 note.>> 10 U.S.C.
7430(b)(2)(B) shall not apply to fiscal year 1998.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $611,723,000, to remain available until expended, including,
notwithstanding any other provision of law, the excess amount for fiscal
year 1998 determined under the provisions of section 3003(d) of Public
Law 99-509 (15 U.S.C. 4502): Provided, That $155,095,000 shall be for
use in energy conservation programs as defined in section 3008(3) of
Public Law 99-509 (15 U.S.C. 4507) and shall not be available until
excess amounts are determined under the provisions of section 3003(d) of
Public Law 99-509 (15 U.S.C. 4502): Provided further, That
notwithstanding section 3003(d)(2) of Public Law 99-509 such sums shall
be allocated to the eligible programs as follows: $124,845,000 for
weatherization assistance grants and $30,250,000 for State energy
conservation grants.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $2,725,000, to remain available until expended.
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $207,500,000, to remain available until expended, of
which $207,500,000 shall be repaid from the ``SPR Operating Fund'' from
amounts made available from the sale of oil from the Reserve: Provided,
That notwithstanding section 161 of the Energy Policy and Conservation
Act of 1975, the Secretary shall draw down and sell in fiscal year 1998,
$207,500,000 worth of oil from the Strategic Petroleum Reserve: Provided
further, That the proceeds from the sale shall be deposited into the
``SPR Operating Fund'', and shall, upon receipt, be transferred to the
Strategic Petroleum Reserve account for operations of the Strategic
Petroleum Reserve.
[[Page 111 STAT. 1581]]
spr petroleum account
Notwithstanding 42 U.S.C. 6240(d), the United States share of crude
oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or
otherwise disposed of to other than the Strategic Petroleum Reserve:
Provided, That outlays in fiscal year 1998 resulting from the use of
funds in this account shall not exceed $5,000,000.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $66,800,000, to remain available until
expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made to
other agencies of the Government for the performance of work for which
the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, private or
foreign: Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to be
available until expended, and used only for plant construction,
operation, costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements: Provided further, That
the remainder of revenues after the making of such payments shall be
covered into the Treasury as <<NOTE: Reports.>> miscellaneous receipts:
Provided further, That any contract, agreement, or provision thereof
entered into by the Secretary pursuant to this authority shall not be
executed prior to the expiration of 30 calendar days (not including any
day in which either House of Congress is not in session because of
adjournment of more than three calendar days to a day certain) from the
receipt by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project, including
the facts and circumstances relied upon in support of the proposed
project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
[[Page 111 STAT. 1582]]
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
The Secretary is authorized to accept funds from other Federal
agencies in return for assisting agencies in achieving energy efficiency
in Federal facilities and operations by the use of privately financed,
energy saving performance contracts and other private financing
mechanisms. The funds may be provided after agencies begin to realize
energy cost savings; may be retained by the Secretary until expended;
and may be used only for the purpose of assisting Federal agencies in
achieving greater efficiency, water conservation, and use of renewable
energy by means of privately financed mechanisms, including energy
savings performance contracts. Any such privately financed contracts
shall meet the provisions of the Energy Policy Act of 1992, Public Law
102-486 (42 U.S.C. 8287).
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $1,841,074,000, together with
payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That $12,000,000 shall remain available until expended, for the
Indian Catastrophic Health Emergency Fund: Provided further, That
$361,375,000 for contract medical care shall remain available for
obligation until September 30, 1999: Provided further, That of the funds
provided, not less than $11,889,000 shall be used to carry out the loan
repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That funds provided in this Act may
be used for one-year contracts and grants which are to be performed in
two fiscal years, so long as the total obligation is recorded in the
year for which the funds are appropriated: Provided further, That the
amounts collected by the Secretary of Health and Human Services under
the authority of title IV of the Indian Health Care Improvement Act
shall remain available until expended for the purpose of achieving
compliance with the applicable conditions and requirements of titles
XVIII and XIX of the Social Security Act (exclusive of planning, design,
or construction of new facilities): Provided further, That of the funds
provided, $7,500,000 shall remain available until expended, for the
Indian Self-Determination Fund, which shall be available for the
transitional costs of initial or expanded tribal contracts, compacts,
grants or cooperative agreements with the Indian Health Service under
the provisions of the Indian Self-Determination Act:
[[Page 111 STAT. 1583]]
Provided further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian Health
Care Improvement Act (25 U.S.C. 1613) shall remain available for
obligation until September 30, 1999: Provided further, That amounts
received by tribes and tribal organizations under title IV of the Indian
Health Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until
expended: Provided further, That not to exceed $168,702,000 shall be for
payments to tribes and tribal organizations for contract support costs
associated with ongoing contracts or grants or compacts entered into
with the Indian Health Service prior to fiscal year 1998, as authorized
by the Indian Self-Determination Act of 1975, as amended.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $257,538,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefore as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with the functions or activities for which
the appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities: Provided,
That in accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service
[[Page 111 STAT. 1584]]
and shall be available without fiscal year limitation: Provided further,
That notwithstanding any other law or regulation, funds transferred from
the Department of Housing and Urban Development to the Indian Health
Service shall be administered under Public Law 86-121 (the Indian
Sanitation Facilities Act) and Public Law 93-638, as amended: Provided
further, That funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That
notwithstanding any other provision of law, funds previously or herein
made available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or title III of the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
may be deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title III of such
Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That none
of the funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That funds
made available in this Act are to be apportioned to the Indian Health
Service as appropriated in this Act, and accounted for in the
appropriation structure set forth in this Act: Provided further, That
with respect to functions transferred by the Indian Health Service to
tribes or tribal organizations, the Indian Health Service is authorized
to provide goods and services to those entities, on a reimbursable
basis, including payment in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account which provided
the funding, said amounts to remain available until expended: Provided
further, That reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance: Provided further,
That the appropriation structure for the Indian Health Service may not
be altered without advance approval of the House and Senate Committees
on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $15,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6,
[[Page 111 STAT. 1585]]
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo and Hopi
Indian Relocation to evict any single Navajo or Navajo family who, as of
November 30, 1985, was physically domiciled on the lands partitioned to
the Hopi Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be provided with
more than one new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $4,250,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental,
repair, and cleaning of uniforms for employees; $333,408,000, of which
not to exceed $32,718,000 for the instrumentation program, collections
acquisition, Museum Support Center equipment and move, exhibition
reinstallation, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain available
until expended, and including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for the
Council of American Overseas Research Centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $3,850,000, to remain available until
expended.
[[Page 111 STAT. 1586]]
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings owned
or occupied by the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623),
including not to exceed $10,000 for services as authorized by 5 U.S.C.
3109, $32,000,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems, and
exterior repair or restoration of buildings of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
construction
For necessary expenses for construction, $33,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, a single procurement for the construction of the
National Museum of the American Indian may be issued which includes the
full scope of the project: Provided further, That the solicitation and
the contract shall contain the clause ``availability of funds'' found at
48 CFR 52.232.18.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $55,837,000,
of which not to exceed $3,026,000 for the special exhibition program
shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $6,192,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems,
[[Page 111 STAT. 1587]]
and exterior repair or renovation of buildings of the National Gallery
of Art may be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $11,375,000.
construction
For necessary expenses for capital repair and rehabilitation of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $9,000,000, to remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $81,240,000 shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts through assistance to organizations
and individuals pursuant to section 5(c) of the Act, and for
administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$16,760,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
[[Page 111 STAT. 1588]]
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $96,800,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$13,900,000, to remain available until expended, of which $8,000,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Institute of Museum and Library Services
office of museum services
grants and administration
For carrying out subtitle C of the Museum and Library Services Act
of 1996, $23,280,000, to remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $907,000.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956(a)), as amended, $7,000,000.
[[Page 111 STAT. 1589]]
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,745,000: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $5,740,000: Provided, That all appointed
members will be compensated at a rate not to exceed the rate for level
IV of the Executive Schedule: Provided further, That beginning in fiscal
year 1998 <<NOTE: 40 USC 71a note.>> and thereafter, the Commission is
authorized to charge fees to cover the full costs of Geographic
Information System products and services supplied by the Commission, and
such fees shall be credited to this account as an offsetting collection,
to remain available until expended.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $31,707,000 of which
$1,575,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The <<NOTE: Contracts. Public information.>> expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
[[Page 111 STAT. 1590]]
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of
the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National Forest System
or Bureau of Land Management lands in a manner different than such sales
were conducted in fiscal year 1995.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal of
the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. Beginning <<NOTE: 25 USC 450e-2.>> in fiscal year 1998
and thereafter, where the actual costs of construction projects under
self-determination contracts, compacts, or grants, pursuant to Public
Laws 93-638, 103-413, or 100-297, are less than the estimated costs
thereof, use of the resulting excess funds shall be determined by the
appropriate Secretary after consultation with the tribes.
Sec. 311. Notwithstanding <<NOTE: 25 USC 450l note.>> Public Law
103-413, quarterly payments of funds to tribes and tribal organizations
under annual
[[Page 111 STAT. 1591]]
funding agreements pursuant to section 108 of Public Law 93-638, as
amended, beginning in fiscal year 1998 and therafter, may be made on the
first business day following the first day of a fiscal quarter.
Sec. 312. None of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps program, unless the relevant
agencies of the Department of the Interior and/or Agriculture follow
appropriate reprogramming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1998, then none of the funds appropriated or
otherwise made available by this Act may be used for the AmeriCorps
programs.
Sec. 313. None of the funds made available in this Act may be used:
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is made
known to the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 314. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for
vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
claims, as the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 1998, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims or
mill sites contained in a patent application as set forth in subsection
(b). The Bureau of Land Management shall have the sole responsibility to
choose and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
Sec. 315. None of the funds appropriated or otherwise made available
by this Act may be used for the purposes of acquiring lands in the
counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for the Wayne
National Forest.
[[Page 111 STAT. 1592]]
Sec. 316. Subsistence <<NOTE: 16 USC 3102 note.>> Hunting and
Fishing in Alaska. (a) Moratorium on Federal Management.--None of the
funds made available to the Department of the Interior or the Department
of Agriculture by this or any other Act hereafter enacted may be used
prior to December 1, 1998 to issue or implement final regulations,
rules, or policies pursuant to title VIII of the Alaska National
Interest Lands Conservation Act to assert jurisdiction, management, or
control over the navigable waters transferred to the State of Alaska
pursuant to the Submerged Lands Act of 1953 or the Alaska Statehood Act
of 1959.
(b) Amendments to Alaska National Interest Lands Conservation Act.--
(1) Amendment of anilca.--Except as otherwise expressly
provided, whenever in this subsection an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3101 et seq.).
(2) Definitions.--Section 102(2) (16 U.S.C. 3102(2)) is
amended to read as follows:
``(2) The term `Federal land' means lands the title to which
is in the United States after December 2, 1980. `Federal land'
does not include lands the title to which is in the State, an
Alaska Native corporation, or other private ownership.''.
(3) Findings.--Section 801 (16 U.S.C. 3111) is amended--
(A) by inserting ``(a)'' immediately before ``The
Congress finds and declares''; and
(B) by inserting at the end the following new
subsection:
``(b) The Congress finds and declares further that--
``(1) subsequent to the enactment of this Act in 1980, the
subsistence law of the State of Alaska (AS 16.05) accomplished
the goals of Congress and requirements of this Act in providing
subsistence use opportunities for rural residents of Alaska,
both Alaska Native and non-Alaska Native;
``(2) the Alaska subsistence law was challenged in Alaska
courts, and the rural preference requirement in the law was
found in 1989 by the Alaska Supreme Court in McDowell v. State
of Alaska (785 P.2d 1, 1989) to violate the Alaska Constitution;
``(3) since that time, repeated attempts to restore the
validity of the State law through an amendment to the Alaska
Constitution have failed, and the people of Alaska have not been
given the opportunity to vote on such an amendment;
``(4) in accordance with title VIII of this Act, the
Secretary of the Interior is required to manage fish and
wildlife for subsistence uses on all public lands in Alaska
because of the failure of State law to provide a rural
preference;
``(5) the Ninth Circuit Court of Appeals determined in 1995
in State of Alaska v. Babbitt (73 F.3d 698) that the subsistence
priority required on public lands under section 804 of this Act
applies to navigable waters in which the United States has
reserved water rights as identified by the Secretary of the
Interior;
``(6) management of fish and wildlife resources by State
governments has proven successful in all 50 States, including
Alaska, and the State of Alaska should have the opportunity
[[Page 111 STAT. 1593]]
to continue to manage such resources on all lands, including
public lands, in Alaska in accordance with this Act, as amended;
and
``(7) it is necessary to amend portions of this Act to
restore the original intent of Congress to protect and provide
for the continued opportunity for subsistence uses on public
lands for Alaska Native and non-Alaska Native rural residents
through the management of the State of Alaska.''.
(4) Title viii definitions.--Section 803 (16 U.S.C. 3113) is
amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period and inserting a semicolon
at the end of paragraph (2); and
(C) by inserting at the end the following new
paragraphs:
``(3) `customary and traditional uses' means the
noncommercial, long-term, and consistent taking of, use of, or
reliance upon fish and wildlife in a specific area and the
patterns and practices of taking or use of that fish and
wildlife that have been established over a reasonable period of
time, taking into consideration the availability of the fish and
wildlife;
``(4) `customary trade' means, except for money sales of
furs and furbearers, the limited noncommercial exchange for
money of fish and wildlife or their parts in minimal quantities;
and
``(5) `rural Alaska resident' means a resident of a rural
community or area. A `rural community or area' means a community
or area substantially dependent on fish and wildlife for
nutritional and other subsistence uses.''.
(5) Preference for subsistence uses.--Section 804 (16 U.S.C.
3114) is amended--
(A) by inserting ``(a)'' immediately before the
first sentence; and
(B) by inserting at the end the following new
subsection:
``(b) The priority granted by this section is for a reasonable
opportunity to take fish and wildlife. For the purposes of this
subsection, the term `reasonable opportunity' means an opportunity,
consistent with customary and traditional uses (as defined in section
803(3)), to participate in a subsistence hunt or fishery with a
reasonable expectation of success, and does not mean a guarantee that
fish and wildlife will be taken.''.
(6) Local and regional participation.--Section 805 (16
U.S.C. 3115) is amended--
(A) in subsection (a) by striking ``one year after
the date of enactment of this Act,''; and
(B) by amending subsection (d) to read as follows:
``(d)(1) Upon certification by the Secretary that the State has
enacted and implemented laws of general applicability which are
consistent with, and which provide for the definition, preference, and
participation specified in sections 803, 804, and 805, the Secretary
shall not implement subsections (a), (b), and (c) of this section, and
the State may immediately assume management for the taking of fish and
wildlife on the public lands for subsistence uses pursuant to this
title. Upon assumption of such management by the State, the Secretary
shall not implement subsections (a), (b), and (c) of this section unless
a court of competent jurisdiction
[[Page 111 STAT. 1594]]
determines that such laws have been repealed, modified, or implemented
in a way that is inconsistent with, or does not provide for, the
definition, preference, and participation specified in sections 803,
804, and 805, or that the State has failed to cure any such
inconsistency after such determination. The State laws shall otherwise
supercede such sections insofar as such sections govern State
responsibility pursuant to this title for the taking of fish and
wildlife on the public lands for subsistence uses. The Secretary may
bring a judicial action to enforce this subsection.
``(2)(A) Laws establishing a system of local advisory committees and
regional advisory councils consistent with section 805 shall provide
that the State rulemaking authority shall consider the advice and
recommendations of the regional councils concerning the taking of fish
and wildlife populations on public lands within their respective regions
for subsistence uses. The regional councils may present recommendations,
and the evidence upon which such recommendations are based, to the State
rulemaking authority during the course of the administrative proceedings
of such authority. The State rulemaking authority may choose not to
follow any recommendation which it determines is not supported by
substantial evidence presented during the course of its administrative
proceedings, violates recognized principles of fish and wildlife
conservation or would be detrimental to the satisfaction of rural
subsistence needs. If a recommendation is not adopted by the State
rulemaking authority, such authority shall set forth the factual basis
and the reasons for its decision.
``(B) The members of each regional advisory council established
under this subsection shall be appointed by the Governor of Alaska. Each
council shall have ten members, four of whom shall be selected from
nominees who reside in the region submitted by tribal councils in the
region, and six of whom shall be selected from nominees submitted by
local governments and local advisory committees. Three of these six
shall be subsistence users who reside in the subsistence resource region
and three shall be sport or commercial users who may be residents of any
subsistence resource region. Regional council members shall have
staggered terms of three years in length, with no limit on the number of
terms a member may serve. A quorum shall be a majority of the members of
the council.''.
(7) Judicial enforcement.--Section 807 (16 U.S.C. 3117) is
amended by inserting the following as subsection (b):
``(b) State agency actions may be declared invalid by the court only
if they are arbitrary, capricious, or an abuse of discretion, or
otherwise not in accordance with law. When reviewing any action within
the specialized knowledge of a State agency, the court shall give the
decision of the State agency the same deference it would give the same
decision of a comparable Federal agency.''.
(8) Regulations.--Section 814 (16 U.S.C. 3124) is
amended--
(A) by inserting ``, and the State at any time the
State has complied with section 805(d)'' after
``Secretary''; and
(B) by adding at the end the following new sentence:
``During any time that the State has complied with
section 805(d), the Secretary shall not make or enforce
regulations implementing section 805(a), (b), or (c).''.
(9) Limitations, savings clauses.--Section 815 (16 U.S.C.
3125) is amended--
[[Page 111 STAT. 1595]]
(A) by striking ``or'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph
(4) and inserting in lieu thereof a semicolon and
``or''; and
(C) by inserting at the end the following new
paragraph:
``(5) prohibiting the Secretary or the State from entering into
co-management agreements with Alaska Native organizations or other local
or regional entities when such organization or entity is managing fish
and wildlife on public lands in Alaska for subsistence uses.''.
(c) Savings <<NOTE: 16 USC 3102 note.>> Clause.--No provision of
this section, amendment made by this section, or exercise of authority
pursuant to this section may be construed to validate, invalidate, or in
any way affect--
(1) any assertion that an Alaska Native organization
(including a federally recognized tribe, traditional Alaska
Native council, or Alaska Native council organized pursuant to
the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as amended)
has or does not have governmental authority over lands
(including management of, or regulation of the taking of, fish
and wildlife) or persons within the boundaries of the State of
Alaska;
(2) any assertion that Indian country, as defined in section
1151 of title 18, United States Code, exists or does not exist
within the boundaries of the State of Alaska;
(3) any assertion that the Alaska National Interest Lands
Conservation Act, as amended (16 U.S.C. 3101 et seq.) is or is
not Indian law; or
(4) the authority of the Secretary of the Interior under
section 1314(c) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3202(c)).
(d) Effective Date.--Unless <<NOTE: 16 USC 3102 note.>> and until
laws are adopted in the State of Alaska which provide for the
definition, preference, and participation specified in sections 803,
804, and 805 of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), the amendments made by subsection (b) of this
section shall be effective only for the purposes of determining whether
the State's laws provide for such definition, preference, and
participation. The <<NOTE: Certification. Alaska.>> Secretary shall
certify before December 1, 1998 if such laws have been adopted in the
State of Alaska. Subsection (b) shall be repealed on such date if such
laws have not been adopted.
Sec. 317. Section 909(b)(2) of division II, title IX of Public Law
104-333 <<NOTE: 16 USC 461 note.>> is amended by striking the following:
``For technical assistance pursuant to section 908, not more than
$50,000 annually.''.
Sec. 318. No part of any appropriation contained in this Act shall
be expended or obligated to fund the activities of the western director
and special assistant to the Secretary within the Office of the
Secretary of Agriculture that exceeds the funding provided for these
activities from this Act during fiscal year 1997.
Sec. 319. Notwithstanding any other provision of law, for fiscal
year 1998 the Secretaries of Agriculture and the Interior are authorized
to limit competition for watershed restoration project contracts as part
of the ``Jobs in the Woods'' component of the President's Forest Plan
for the Pacific Northwest to individuals and entities in historically
timber-dependent areas in the States of Washington,
[[Page 111 STAT. 1596]]
Oregon, and northern California that have been affected by reduced
timber harvesting on Federal lands.
Sec. 320. (a) Section 101(c) of Public Law 104-134 is amended as
follows: Under the heading ``TITLE III--GENERAL PROVISIONS'' amend
section 315(c)(1) <<NOTE: 16 USC 460l-6a note.>> by striking
subparagraphs (A) and (B) and inserting:
``(A) Eighty percent to a special account in the Treasury
for use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(A).
``(B) Twenty percent to a special account in the Treasury
for use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(B).''.
(b) Subparagraph (C) of section 315(c)(1) is amended by inserting
``and the National Park Service'' after ``the Fish and Wildlife
Service''.
Sec. 321. None of the funds collected under the Recreational Fee
Demonstration program may be used to plan, design, or construct a
visitor center or any other permanent structure without prior approval
of the House and the Senate Committees on Appropriations if the
estimated total cost of the facility exceeds $500,000.
Sec. 322. Section 303(d)(1) of Public Law 96-451 (16 U.S.C.
1606a(d)(1)) is amended by inserting before the semicolon the following:
``and other forest stand improvement activities to enhance forest health
and reduce hazardous fuel loads of forest stands in the National Forest
System''.
Sec. 323. (a) Prior <<NOTE: Reports.>> to the completion of any
decision document or the making of any decision related to the final
Environmental Impact Statements (hereinafter ``final EISs'') associated
with the Interior Columbia Basin Ecosystem Project (hereinafter the
``Project''), the Secretary of Agriculture and the Secretary of the
Interior shall prepare and submit to the Committees on Appropriations of
the Senate and the House of Representatives a report that shall include:
(1) a detailed description of any and all land and resource
management planning and policy or project decisions to be made,
by type and by the level of official responsible, and the
procedures for such decisions to be undertaken, by the Forest
Service, Bureau of Land Management, and Fish and Wildlife
Service pursuant to the National Forest Management Act, Federal
Land Policy and Management Act, Endangered Species Act, National
Environmental Policy Act and any other applicable law in order
to authorize and implement actions affecting the environment on
Federal lands within the jurisdiction of either Secretary in the
Project area that are consistent with the final EISs;
(2) a detailed estimation of the time and cost (for all
participating Federal agencies) to accomplish each decision
described in paragraph (1), from the date of initiation of
preparations for, to the date of publication or announcement of,
the decision, including a detailed statement of the source of
funds for each such decision and any reprogramming in fiscal
year 1998;
(3) estimated production of goods and services from each
unit of the Federal lands for the first 5 years during the
[[Page 111 STAT. 1597]]
course of the decision making described in paragraph (1)
beginning with the date of publication of the applicable final
EIS; and
(4) if the requirements described in paragraphs (1) through
(3) cannot be accomplished within the appropriations provided in
this Act, adjusted only for inflation, in subsequent fiscal
years and without any reprogramming of such appropriations,
provide a detailed description of the decision making process
that will be used to establish priorities in accordance with
such appropriations.
(b) Using all research information available from the area
encompassed by the Project, the Secretaries, to the extent practicable,
shall analyze the economic and social conditions, and culture and
customs, of the communities at the sub-basin level within the Project
area and the impacts the alternatives in the draft EISs will have on
those communities. <<NOTE: Publication.>> This analysis shall be
published on a schedule that will allow a reasonable period of time for
public comment thereon prior to the close of the comment periods on the
draft EISs. The analysis, together with the response of the Secretaries
to the public comment, shall be incorporated in the final EISs and,
subject to subsection (a), subsequent decisions related thereto.
(c) Nothing in this section shall be construed as altering or
affecting in any manner any provision of applicable land or resource
management plans, PACFISH, INFISH, Eastside screens, and other policies
adopted by the Forest Service or Bureau of Land Management prior to the
date of enactment of this Act to protect wildlife, watershed, riparian,
and other resources of the Federal lands.
Sec. 324. Notwithstanding <<NOTE: 16 USC 461 note.>> section 904(b)
of Public Law 104-333, hereafter, the Heritage Area established under
section 904 of title IX of division II of Public Law 104-333 shall
include any portion of a city, town, or village within an area specified
in section 904(b)(2) of that Act only to the extent that the government
of the city, town, or village, in a resolution of the governing board or
council, agrees to be included and submits the resolution to the
Secretary of the Interior and the management entities for the Heritage
Area and to the extent such resolution is not subsequently revoked in
the same manner.
Sec. 325. (a) Notwithstanding any other provision of law, and except
as provided in this section, the Aleutian/Pribilof Islands Association,
Inc., Bristol Bay Area Health Corporation, Chugachmiut, Copper River
Native Association, Kodiak Area Native Area Association, Maniilaq
Association, Metlakatla Indian Community, Arctic Slope Native
Association, Ltd., Norton Sound Health Corporation, Southcentral
Foundation, Southeast Alaska Regional Health Consortium, Tanana Chiefs
Conference, Inc., and Yukon-Kuskokwim Health Corporation (hereinafter
``regional health entities''), without further resolutions from the
Regional Corporations, Village Corporations, Indian Reorganization Act
Councils, tribes and/or villages which they represent are authorized to
form a consortium (hereinafter ``the Consortium'') to enter into
contracts, compacts, or funding agreements under Public Law 93-638 (25
U.S.C. 450 et seq.), as amended, to provide all statewide health
services provided by the Indian Health Service of the Department of
Health and Human Services through the Alaska Native Medical Center and
the Alaska Area Office. Each specified ``regional health entity'' shall
maintain that status for purposes of participating
[[Page 111 STAT. 1598]]
in the Consortium only so long as it operates a regional health program
for the Indian Health Service under Public Law 93-638 (25 U.S.C. 450 et
seq.), as amended.
(b) The Consortium shall be governed by a 15-member Board of
Directors, which shall be composed of one representative of each
regional health entity listed in subsection (a) above, and two
additional persons who shall represent Indian tribes, as defined in 25
U.S.C. 450b(e), and sub-regional tribal organizations which operate
health programs not affiliated with the regional health entities listed
above and Indian tribes not receiving health services from any tribal,
regional or sub-regional health provider. Each member of the Board of
Directors shall be entitled to cast one vote. Decisions of the Board of
Directors shall be made by consensus whenever possible, and by majority
vote in the event that no consensus can be reached. The Board of
Directors shall establish at its first meeting its rules of procedure,
which shall be published and made available to all members.
(c) The statewide health services (including any programs,
functions, services and activities provided as part of such services) of
the Alaska Native Medical Center and the Alaska Area Office may only be
provided by the Consortium. Statewide health services for purposes of
this section shall consist of all programs, functions, services, and
activities provided by or through the Alaska Native Medical Center and
the Alaska Area Office, not under contract or other funding agreement
with any other tribe or tribal organization as of October 1, 1997,
except as provided in subsection (d) below. All statewide health
services provided by the Consortium under this section shall be provided
pursuant to contracts or funding agreements entered into by the
Consortium under Public Law 93-638 (25 U.S.C. 450 et seq.), as amended,
and for such purpose the Consortium shall be deemed to have mature
contract status as defined in section 4(h) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(h)).
(d) Cook Inlet Region, Inc., through Southcentral Foundation (or any
successor health care entity designated by Cook Inlet Region, Inc.)
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.), as amended, is
hereby authorized to enter into contracts or funding agreements under
such Public Law for all services provided at or through the Alaska
Native Primary Care Center or other satellite clinics in Anchorage or
the Matanuska-Susitna Valley without submission of any further
authorizing resolutions from any other Alaska Native Region, village
corporation, Indian Reorganization Act council, or tribe, no matter
where located. Services provided under this paragraph shall, at a
minimum, maintain the level of statewide and Anchorage Service Unit
services provided at the Alaska Native Primary Care Center as of October
1, 1997, including necessary related services performed at the Alaska
Native Medical Center. In addition, Cook Inlet Region, Inc., through
Southcentral Foundation, or any lawfully designated health care entity
of Cook Inlet Region, Inc., shall contract or enter into a funding
agreement under Public Law 93-638 (25 U.S.C. 450 et seq.), as amended,
for all primary care services provided by the Alaska Native Medical
Center, including, but not limited to, family medicine, primary care
internal medicine, pediatrics, obstetrics and gynecology, physical
therapy, psychiatry, emergency services, public health nursing, health
education, optometry, dentistry, audiology, social services, pharmacy,
radiology, laboratory and biomedical, and
[[Page 111 STAT. 1599]]
the administrative support for these programs, functions, services and
activities. Cook Inlet Region, Inc., through Southcentral Foundation, or
any lawfully designated health care entity of Cook Inlet Region, Inc.,
may provide additional health care services at the Alaska Native Medical
Center if such use and services are provided pursuant to an agreement
with the Consortium. All services covered by this subsection shall be
provided on a nondiscriminatory basis without regard to residency within
the Municipality of Anchorage.
Sec. 326. (a) Notwithstanding any other provision of law, after
September 30, 1997 the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.), with any Alaska Native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native village
corporation under any contract or compact entered into prior to August
27, 1997, or to prohibit the renewal of any such agreement.
(c) The General Accounting Office shall conduct a study of the
impact of contracting and compacting by the Indian Health Service under
Public Law 93-638 with Alaska Native villages and Alaska Native village
corporations for the provision of health care services by Alaska Native
regional corporation health care entities. The General Accounting Office
shall submit the results of that study to the Committee on
Appropriations of the Senate and the Committee on Appropriations of the
House of Representatives by June 1, 1998.
(d) Section 1004 of the Coast Guard Authorization Act of 1996
(Public Law 104-324; 110 Stat. 3956) is amended--
(1) in subsection (a) by striking ``for use as a health or
social services facility'' and inserting ``for sale or use other
than for a facility for the provision of health programs funded
by the Indian Health Service (not including any such programs
operated by Ketchikan Indian Corporation prior to 1993)''; and
(2) by striking subsection (c).
Sec. 327. None of the funds made available by this Act may be used
to require any person to vacate real property where a term is expiring
under a use and occupancy reservation in Sleeping Bear Dunes National
Lakeshore until such time as the National Park Service (NPS) indicates
to the appropriate congressional committees and the holders of these
reservations that it has sufficient funds to remove the residence on
that property within 90 days of that residence being vacated. The NPS
will provide at least 90 days notice to the holders of expired
reservations to allow them time to leave the residence. The NPS will
charge fair market value rental rates while any occupancy continues
beyond an expired reservation. Reservation holders who stay beyond the
expiration date will also be required to pay for appraisals to determine
current fair market value rental rates, any rehabilitation needed to
ensure suitability for occupancy, appropriate insurance, and all
continuing utility costs.
Sec. 327A. (a) None of the funds made available in this Act or any
other Act providing appropriations for the Department of the Interior,
the Forest Service or the Smithsonian Institution may be used to submit
nominations for the designation of Biosphere
[[Page 111 STAT. 1600]]
Reserves pursuant to the Man and Biosphere program administered by the
United Nations Educational, Scientific, and Cultural Organization.
(b) The provisions of this section shall be repealed upon enactment
of subsequent legislation specifically authorizing United States
participation in the Man and Biosphere program.
Sec. 328. <<NOTE: 16 USC 459j-4 note.>> None of the funds made
available in this or any other Act for any fiscal year may be used to
designate, or to post any sign designating, any portion of Canaveral
National Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if such
designation would be contrary to county ordinance.
Sec. 329. <<NOTE: Grants.>> Of the funds provided to the National
Endowment for the Arts:
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson <<NOTE: Regulations.>> shall establish
procedures to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency, or regional
group, may be used to make a grant to any other organization or
individual to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 330. The National Endowment for the Arts and the National
Endowment for the Humanities are authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, bequests, or devises
of money and other property or services and to use such in furtherance
of the functions of the National Endowment for the Arts and the National
Endowment for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman shall enter
the proceeds in a special interest-bearing account to the credit of the
appropriate Endowment for the purposes specified in each case.
Sec. 331. In fiscal years 1998 through 2002, the Secretaries of the
Interior and Agriculture may make reciprocal delegations of their
respective authorities, duties and responsibilities in support of joint
pilot programs to promote customer service and efficiency in the
management of public lands and national forests: Provided, That nothing
herein shall alter, expand or limit the existing applicability of any
public law or regulation to lands administered by the Bureau of Land
Management or the Forest Service.
Sec. 332. No part of any appropriation contained in this Act shall
be expended or obligated to fund new revisions of national forest land
management plans until new final or interim final rules for forest land
management planning are published in the Federal Register. Those
national forests which are currently in a revision process, having
formally published a Notice of Intent to revise prior to October 1,
1997, or having been court-ordered to revise, are exempt from this
section and may utilize funds
[[Page 111 STAT. 1601]]
in this Act and proceed to complete the forest plan revision in
accordance with current forest planning regulations.
Sec. 333. No part of any appropriation contained in this Act shall
be expended or obligated to complete and issue the five-year program
under the Forest and Rangeland Renewable Resources Planning Act.
Sec. 334. (a) Watershed Restoration and Enhancement Agreements.--For
fiscal year 1998, appropriations for the Forest Service may be used by
the Secretary of Agriculture for the purpose of entering into
cooperative agreements with willing State and local governments, private
and nonprofit entities and landowners for protection, restoration and
enhancement of fish and wildlife habitat, and other resources on public
or private land or both that benefit these resources within the
watershed.
(b) Direct and Indirect Watershed Agreements.--The Secretary of
Agriculture may enter into a watershed restoration and enhancement
agreement--
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a State, local or
tribal government or other public entity, educational
institution, or private nonprofit organization.
(c) Terms and Conditions.--In order for the Secretary to enter into
a watershed restoration and enhancement agreement--
(1) the agreement shall--
(A) include such terms and conditions mutually
agreed to by the Secretary and the landowner;
(B) improve the viability of and otherwise benefit
the fish, wildlife, and other resources on national
forests lands within the watershed;
(C) authorize the provision of technical assistance
by the Secretary in the planning of management
activities that will further the purposes of the
agreement;
(D) provide for the sharing of costs of implementing
the agreement among the Federal Government, the
landowner(s), and other entities, as mutually agreed on
by the affected interests; and
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the Secretary
to be in the public interest; and
(2) the Secretary may require such other terms and
conditions as are necessary to protect the public investment on
non-Federal lands, provided such terms and conditions are
mutually agreed to by the Secretary and other landowners, State
and local governments or both.
Sec. 335. The <<NOTE: 16 USC 431 note.>> joint resolution entitled
``Joint Resolution to establish a commission to formulate plans for a
memorial to Franklin Delano Roosevelt'', approved August 11, 1955 (69
Stat. 694), is amended--
(1) in the first section by inserting before the last
sentence the following: ``The Commission shall submit a final
report to the President and Congress prior to termination.'';
(2) by redesignating section 4 as section 5; and
(3) by inserting after section 3 the following:
``termination of the commission
``Sec. 4. (a) In General.--The Commission shall terminate on the
earlier of--
[[Page 111 STAT. 1602]]
``(1) December 31, 1997; or
``(2) the date that the Commission reports to the President
and the Congress that the Commission's work is complete.
``(b) Commission Funds.--
``(1) Designation.--Before the termination of the
Commission, the Commission shall designate a nonprofit
organization to collect, manage, and expend Commission funds
after its termination.
``(2) Transfer of funds.--Before termination the Commission
shall transfer all Commission funds to the entity designated
under paragraph (1).
``(3) Amounts collected after termination.--The entity
designated under paragraph (1) shall have the right to collect
any amounts accruing to the Commission after the Commission's
termination, including amounts--
``(A) given to the Commission as a gift or bequest;
or
``(B) raised from the sale of coins issued under the
United States Commemorative Coin Act of 1996 (110 Stat.
4005; 31 U.S.C. 5112 note).
``(4) Uses of funds.--The Commission may specify uses for
any funds made available under this section to the entity
designated under paragraph (1), including--
``(A) to provide for the support, maintenance, and
repair of the Memorial; and
``(B) to interpret and educate the public about the
Memorial.
``(5) Negotiation and contract.--The Commission may
negotiate and contract with a nonprofit organization before
designating the organization under paragraph (1).''.
Sec. 336. To <<NOTE: 16 USC 544g note.>> facilitate priority land
exchanges through which the United States will receive land within the
White Salmon Wild and Scenic River boundaries and within the Columbia
River Gorge National Scenic Area, the Secretary of Agriculture may,
until September 30, 2000, accept title to such lands deemed appropriate
by the Secretary within the States of Oregon and Washington, regardless
of the State in which the transferred lands are located, following
existing exchange authorities.
Sec. 337. The boundary of the Wenatchee National Forest in Chelan
County, Washington, is hereby adjusted to exclude section 1 of Township
23 North, Range 19 East, Willamette Meridian.
Sec. 338. None of the funds provided in this Act can be used for any
activities associated with the Center of Excellence for Sustainable
Development unless a budget request has been submitted and approved by
the Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 339. (a) No funds provided in this or any other Act may be
expended to develop a rulemaking proposal to amend or replace the Bureau
of Land Management regulations found at 43 CFR 3809 or to prepare a
draft environmental impact statement on such proposal, until the
Secretary of the Interior certifies to the Committees on Energy and
Natural Resources and Appropriations of the Senate and the Committees on
Resources and Appropriations of the House of Representatives that the
Department of the Interior has consulted with the Governor, or his/her
representative, from each State that contains public lands open to
location under the General Mining Laws.
[[Page 111 STAT. 1603]]
(b) The Secretary shall not publish proposed regulations to amend or
replace the Bureau of Land Management regulations found at 43 CFR 3809
prior to November 15, 1998, and shall not finalize such regulations
prior to 90 days after such publication.
Sec. 340. (a) The <<NOTE: Washington. 16 USC 544g note.>> Secretary
of Agriculture is authorized and directed to negotiate with Skamania
County for the exchange of lands or interests in lands constituting the
Wind River Nursery Site within the Gifford Pinchot National Forest,
Washington.
(b) In return for the Nursery Site properties, Skamania County is
authorized and directed to negotiate with the Forest Service the
conveyance of approximately 120 acres of high biodiversity, special
management lands located near Table Mountain within the Columbia River
Gorge National Scenic Area, title to which must be acceptable to the
Secretary of Agriculture.
(c) Before this exchange can occur, it must be of equal value and
the Secretary and the Skamania County Board of Commissioners must agree
on the exact parcels of land to be included in the exchange. An
agreement signed by the Secretary of Agriculture and the Skamania County
Board of Commissioners describing the properties involved and a
certification that the exchange is of equal value must be completed no
later than September 30, 1999.
(d) During this two-year negotiating period, the Wind River Nursery
property shall not be conveyed to another party. The Forest Service
shall maintain the site in a tenantable condition.
(e) Except as provided herein, the exchange shall be for equal value
in accordance with land exchange authorities applicable to the National
Forest System.
(f) The Secretary is directed to equalize values by not only cash
and exchange of lands, easements, reservations, and other interests in
lands, but also by full value credit for such services as Skamania
County provides to the Gifford Pinchot and Columbia River Gorge National
Scenic Area and as the Secretary and Skamania County deem appropriate.
The Secretary may accept services in lieu of cash when the Secretary can
discern cash value for the services and when the Secretary determines
such services would provide direct benefits to lands and resources and
users of such lands and resources under the jurisdiction of the
Secretary.
(g) Any cash equalization which Skamania County elects to make may
be made up to 50 percent of the fair market value of the Federal
property, and such cash equalization may be made in installments over a
period not to exceed 25 years. Payments received as partial
consideration shall be deposited into the fund in the Treasury
established under the Act of December 4, 1967, commonly known as the
Sisk Act, and shall be available for expenditure as provided in the Act
except that the Secretary may not use those funds to purchase lands
within Skamania County.
(h) In defining the Federal estate to be conveyed, the Secretary may
require such additional terms and conditions as deemed necessary in
connection with assuring equal value and public interest considerations
in this exchange including, but not limited to, continued research use
of the Wind River Experimental Forest and protection of natural,
cultural, and historic resources, existing administrative sites, and a
scenic corridor for the Pacific Crest National Scenic Trail.
(i) This authorization is predicated on Skamania County's Board of
Commissioners commitment to give foremost consideration
[[Page 111 STAT. 1604]]
to preservation of the overall integrity of the site and conservation of
the educational and research potential of the site, including providing
for access to and assurance of the continued administration and
operation of forestry research on the adjacent Thornton Munger Research
Natural Area.
(j) The Secretary is further directed to cooperate with Skamania
County to address applicable Federal and State environmental laws.
(k) Notwithstanding the processes involved with the National
Environmental Policy Act and the State Environmental Policy Act, should
the Secretary of Agriculture and the Skamania County Board of
Commissioners fail to reach an agreement on an equal value exchange
defined under the terms of this legislation by September 30, 1999, the
Wind River Nursery Site shall remain under Forest Service ownership and
be maintained by the Forest Service in a tenantable condition.
Sec. 341. The <<NOTE: 16 USC 668dd note.>> National Wildlife Refuge
in Jasper and Marion Counties, Iowa, authorized in Public Law 101-302
shall be referred to in any law, regulation, document or record of the
United States in which such project is referred to, as the Neal Smith
National Wildlife Refuge.
Sec. 342. None of the funds in this or any other Act shall be
expended by the Department of the Interior, the Forest Service or any
other Federal agency, for the introduction of the grizzly bear
population in the Selway-Bitteroot area of Idaho and adjacent Montana,
or for consultations under section 7(b)(2) of the Endangered Species Act
for Federal actions affecting grizzly bear within the Selway-Bitteroot
area of Idaho, except that, funds may be used by the Department of the
Interior or the Forest Service, or any other Federal agency for the
purposes of receiving public comment on the draft Environmental Impact
Statement dated July 1997 and issuing a Record of Decision, and for
conducting a habitat-based population viability analysis.
Sec. 343. The <<NOTE: 16 USC 497d.>> Secretary of Agriculture shall
hereafter phase in, over a 3-year period in equal annual installments,
that portion of the fee increase for a recreation residence special use
permit holder which is more than 100 percent of the previous year's fee:
Provided, That no recreation residence fee may be increased any sooner
than one year from the time the permittee has been notified by the
Forest Service of the results of an appraisal which has been conducted
for the purpose of establishing such fees: Provided further, That no
increases in recreation residence fees on the Sawtooth National Forest
will be implemented prior to January 1, 1999.
Sec. 344. It is the sense of the Senate that--
(1) preserving Civil War battlefields should be an integral
part of preserving our Nation's history; and
(2) Congress should give special priority to the
preservation of Civil War battlefields by making funds available
for the purchase of threatened and endangered Civil War
battlefield sites.
Sec. 345. It is the sense of the Senate that, inasmuch as there is
disagreement as to what extent, if any, Federal funding for the arts is
appropriate, and what modifications to the mechanism for such funding
may be necessary; and further, inasmuch as there is a role for the
private sector to supplement the Federal, State, and local partnership
in support of the arts, hearings should be
[[Page 111 STAT. 1605]]
conducted and legislation addressing these issues should be brought
before the full Senate for debate and passage during this Congress.
Sec. 346. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals who have historically been outside the purview of
arts and humanities programs due to factors such as a high
incidence of income below the poverty line or to geographic
isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With <<NOTE: Grants.>> funds appropriated by this Act to carry
out section 5 of the National Foundation on the Arts and Humanities Act
of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1); and
(3) the Chairperson <<NOTE: Reports.>> shall report to the
Congress annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of such Act.
(e) Section 6(b) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 955(b)) is amended to read as follows:
``(b) Appointment and Composition of Council.--(1) The Council shall
be composed of members as follows:
``(A) The Chairperson of the National Endowment for the
Arts, who shall be the chairperson of the Council.
``(B) Members of Congress appointed for a 2-year term
beginning on January 1 of each odd-numbered year as follows:
``(i) Two Members of the House of Representatives
appointed by the Speaker of the House of
Representatives.
``(ii) One Member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives.
``(iii) One Senator appointed by the Majority Leader
of the Senate.
[[Page 111 STAT. 1606]]
``(iv) One Senator appointed by the Minority Leader
of the Senate.
Members of the Council appointed under this subparagraph shall
serve ex officio and shall be nonvoting members of the Council.
``(C) 14 members <<NOTE: President.>> appointed by the
President, by and with the advice and consent of the Senate, who
shall be selected--
``(i) from among private citizens of the United
States who--
``(I) are widely recognized for their broad
knowledge of, or expertise in, or for their
profound interest in the arts; and
``(II) have established records of
distinguished service, or achieved eminence, in
the arts;
``(ii) so as to include practicing artists, civic
cultural leaders, members of the museum profession, and
others who are professionally engaged in the arts; and
``(iii) so as collectively to provide an appropriate
distribution of membership among major art fields and
interested citizens groups.
In making such appointments, the President shall give due regard to
equitable representation of women, minorities, and individuals with
disabilities who are involved in the arts and shall make such
appointments so as to represent equitably all geographical areas in the
United States.
``(2) Transition to the new council composition.--
``(A) Notwithstanding subsection (b)(1)(B), members first
appointed pursuant to such subsection shall be appointed not
later than December 31, 1997. Notwithstanding such subsection,
such members shall be appointed to serve until December 31,
1998.
``(B) Members of the Council serving on the effective date
of this subsection may continue to serve on the Council until
their current terms expire and new members shall not be
appointed under subsection (b)(1)(C) until the number of
Presidentially appointed members is less than 14.''.
(f) Section 6(c) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 955(c)) is amended--
(1) by inserting ``appointed under subsection (b)(1)(C)''
after ``member'' each place it appears; and
(2) in the second sentence by inserting ``appointed under
subsection (b)(1)(C)'' after ``members''.
Sec. 347. No timber sale in Region 10 shall be advertised which,
when using domestic Alaska western red cedar selling values and
manufacturing costs, fails to provide at least 60 percent of normal
profit and risk of the appraised timber, except at the written request
by a prospective bidder. Program accomplishments shall be based on
volume sold. Should Region 10 sell, in fiscal year 1998, the annual
average portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan which provides greater than 60
percent of normal profit and risk at the time of the sale advertisement,
all of the western red cedar timber from those sales which is surplus to
the needs of domestic processors in Alaska, shall be made available to
domestic processors in the contiguous 48 States at domestic rates.
Should Region 10 sell, in fiscal year 1998, less than the annual average
portion of the decadal allowable sale quantity called for in the current
[[Page 111 STAT. 1607]]
Tongass Land Management Plan meeting the 60 percent of the normal profit
and risk standard at the time of advertisement, the volume of western
red cedar available to domestic processors at domestic rates in the
contiguous 48 States shall be that volume: (1) which is surplus to the
needs of domestic processors in Alaska; and (2) is that percent of the
surplus western red cedar volume determined by calculating the ratio of
the total timber volume which has been sold on the Tongass to the annual
average portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan. All additional western red cedar
volume not sold to Alaska or contiguous 48 States domestic processors
may be exported and sold at export rates at the election of the timber
sale holder. All Alaska yellow cedar may be sold at export rates at the
election of the timber sale holder.
Sec. 348. None of the funds in this Act may be used for planning,
design or construction of improvements to Pennsylvania Avenue in front
of the White House without the advance approval of the House and Senate
Committees on Appropriations.
Sec. 349. Implementation of New Guidelines on National Forests in
Arizona and New Mexico.--(a) Notwithstanding any other provision of law,
none of the funds made available under this or any other Act may be used
for the purposes of executing any adjustments to annual operating plans,
allotment management plans, or terms and conditions of existing grazing
permits on National Forests in Arizona and New Mexico, which are or may
be deemed necessary to achieve compliance with 1996 amendments to the
applicable forest plans, until March 1, 1998, or such time as the Forest
Service publishes a schedule for implementing proposed changes,
whichever occurs first.
(b) Nothing in this section shall be interpreted to preclude the
expenditure of funds for the development of annual operating plans,
allotment management plans, or in developing modifications to grazing
permits in cooperation with the permittee.
(c) Nothing in this section shall be interpreted to change authority
or preclude the expenditure of funds pursuant to section 504 of the 1995
Rescissions Act (Public Law 104-19).
Sec. 350. Payments for Entitlement Land.--Section 6901(2)(A)(i) of
title 31, United States Code, is amended by inserting ``(other than in
Alaska)'' after ``city'' the first place such term appears.
Sec. 351. Strike <<NOTE: 16 USC 460bb note.>> section 103(c)(7) of
Public Law 104-333 and insert the following:
``(7) Staff.--Notwithstanding any other provisions of law,
the Trust is authorized to appoint and fix the compensation and
duties and terminate the services of an executive director and
such other officers and employees as it deems necessary without
regard to the provisions of title 5, United States Code, or
other laws related to the appointment, compensation or
termination of Federal employees.''.
TITLE IV--ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND
Sec. 401. (a) Fund.--One <<NOTE: 43 USC 1474d.>> half of the
amounts awarded by the Supreme Court to the United States in the case of
United States of America v. State of Alaska (117 S.Ct. 1888) shall be
deposited in a fund in the Treasury of the United States to be
[[Page 111 STAT. 1608]]
known as the ``Environmental Improvement and Restoration Fund''
(referred to in this section as the ``Fund'').
(b) Investments.--
(1) In general.--The Secretary of the Treasury shall invest
amounts in the Fund in interest bearing obligations of the
United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligations acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest earned from investments
of the Fund shall be covered into and form a part of the Fund.
(c) Transfer and Availability of Amounts Earned.--Each year,
interest earned and covered into the Fund in the previous fiscal year
shall be available for appropriation, to the extent provided in the
subsequent appropriations Acts, as follows:
(1) 80 percent of such amounts shall be made available to be
equally divided among the Directors of the National Park
Service, the United States Fish and Wildlife Service, the Bureau
of Land Management, and the Chief of the Forest Service for high
priority deferred maintenance and modernization of facilities
that directly enhance the experience of visitors, including
natural, cultural, recreational, and historic resources
protection projects in National Parks, National Wildlife
Refuges, and the public lands respectively as provided in
subsection (d) and for payment to the State of Louisiana and its
lessees for oil and gas drainage in the West Delta field. The
Secretary shall submit with the annual budget submission to
Congress a list of high priority maintenance and modernization
projects for congressional consideration.
(2) 20 percent of such amounts shall be made available to
the Secretary of Commerce for the purpose of carrying out marine
research activities in the North Pacific in accordance with
subsection (e).
(d) Projects.--A project referred to in subsection (c)(1) shall be
consistent with the laws governing the National Park System, the
National Wildlife Refuge System, the public lands and Forest Service
lands and management plan for such unit.
(e) Marine Research Activities.--(1) Funds available under
subsection (c)(2) shall be used by the Secretary of Commerce according
to this subsection to provide grants to Federal, State, private or
foreign organizations or individuals to conduct research activities on
or relating to the fisheries or marine ecosystems in the north Pacific
Ocean, Bering Sea, and Arctic Ocean (including any lesser related bodies
of water).
(2) Research <<NOTE: Establishment.>> priorities and grant requests
shall be reviewed and recommended for Secretarial approval by a board to
be known as the North Pacific Research Board (referred to in this
subsection as the ``Board''). The Board shall seek to avoid duplicating
other research activities, and shall place a priority on cooperative
research efforts designed to address pressing fishery management or
marine ecosystem information needs.
[[Page 111 STAT. 1609]]
(3) The Board shall be comprised of the following representatives or
their designees--
(A) the Secretary of Commerce, who shall be a co-chair of
the Board;
(B) the Secretary of State;
(C) the Secretary of the Interior;
(D) the Commandant of the Coast Guard;
(E) the Director of the Office of Naval Research;
(F) the Alaska Commissioner of Fish and Game, who shall also
be a co-chair of the Board;
(G) the Chairman of the North Pacific Fishery Management
Council;
(H) the Chairman of the Arctic Research Commission;
(I) the Director of the Oil Spill Recovery Institute;
(J) the Director of the Alaska SeaLife Center;
(K) five members nominated by the Governor of Alaska and
appointed by the Secretary of Commerce, one of whom shall
represent fishing interests, one of whom shall represent Alaska
Natives, one of whom shall represent environmental interests,
one of whom shall represent academia, and one of whom shall
represent oil and gas interests;
(L) three members nominated by the Governor of Washington
and appointed by the Secretary of Commerce; and
(M) one member nominated by the Governor of Oregon and
appointed by the Secretary of Commerce.
The members of the Board shall be individuals knowledgeable by
education, training, or experience regarding fisheries or marine
ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean.
Three nominations shall be submitted for each member to be appointed
under subparagraphs (K), (L), and (M). Board members appointed under
subparagraphs (K), (L), and (M) shall serve for three-year terms, and
may be reappointed.
(4)(A) The Secretary of Commerce shall review and administer grants
recommended by the Board. If the Secretary does not approve a grant
recommended by the Board, the Secretary shall explain in writing the
reasons for not approving such grant, and the amount recommended to be
used for such grant shall be available only for other grants recommended
by the Board.
(B) Grant recommendations and other decisions of the Board shall be
by majority vote, with each member having one vote. The Board shall
establish <<NOTE: Regulations.>> written criteria for the submission of
grant requests through a competitive process and for deciding upon the
award of grants. Grants shall be recommended by the Board on the basis
of merit in accordance with the priorities established by the Board. The
Secretary shall provide the Board such administrative and technical
support as is necessary for the effective functioning of the Board. The
Board shall be considered an advisory panel established under section
302(g) of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) for the purposes of section 302(i)(1) of such
Act, and the other procedural matters applicable to advisory panels
under section 302(i) of such Act shall apply to the Board to the extent
practicable. Members of the Board may be reimbursed for actual expenses
incurred in performance of their duties for the Board. Not more than 5
percent of the funds provided to the Secretary of Commerce under
paragraph (1) may be used to provide support for the Board and
administer grants under this subsection.
[[Page 111 STAT. 1610]]
(f) Sunset.--If amounts are not assumed by the concurrent budget
resolution and appropriated from the Fund by December 15, 1998, the Fund
shall terminate and the amounts in the Fund including the accrued
interest shall be applied to reduce the Federal deficit.
TITLE V--PRIORITY LAND ACQUISITIONS, LAND EXCHANGES, AND MAINTENANCE
For priority land acquisitions, land exchange agreements, other
activities consistent with the Land and Water Conservation Fund Act of
1965, as amended, and critical maintenance to be conducted by the Bureau
of Land Management, the United States Fish and Wildlife Service, the
National Park Service and the Forest Service, $699,000,000, to be
derived from the Land and Water Conservation Fund notwithstanding any
other provision of law, to remain available until September 30, 2001, of
which $167,000,000 is available to the Secretary of Agriculture and
$532,000,000 is available to the Secretary of the Interior: Provided,
That of the funds made available to the Secretary of Agriculture, not to
exceed $65,000,000 may be used to acquire interests to protect and
preserve Yellowstone National Park, pursuant to the terms and conditions
set forth in sections 502 and 504 of this title, and $12,000,000 may be
used for the rehabilitation and maintenance of the Beartooth Highway
pursuant to section 502 of this title: Provided further, That of the
funds made available to the Secretary of the Interior, not to exceed
$250,000,000 may be used to acquire interests to protect and preserve
the Headwaters Forest, pursuant to the terms and conditions set forth in
sections 501 and 504 of this title, and $10,000,000 may be used for a
direct payment to Humboldt County, California pursuant to section
501 <<NOTE: Reports.>> of this title: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture, after
consultation with the heads of the Bureau of Land Management, the United
States Fish and Wildlife Service, the National Park Service and the
Forest Service, shall, in fiscal year 1998 and each of the succeeding
three fiscal years, jointly submit to Congress a report listing the
lands and interests in land that the Secretaries propose to acquire or
exchange and the maintenance requirements they propose to address using
funds provided under this heading for purposes other than the purposes
of sections 501 and 502 of this title: Provided further, That none of
the funds appropriated under this title for purposes other than the
purposes of sections 501 and 502 of this title shall be available until
the House Committee on Appropriations and the Senate Committee on
Appropriations approve, in writing, a list of projects to be undertaken
with such funds: Provided further, That moneys provided in this title,
when combined with moneys provided by other titles in this Act, shall,
for the purposes of section 205(a) of H. Con. Res. 84 (105th Congress),
be considered to provide $700,000,000 in budget authority for fiscal
year 1998 for Federal land acquisitions and to finalize priority land
exchanges.
Sec. 501. Headwaters <<NOTE: California. 16 USC 471j.>> Forest and
Elk River Property Acquisition. (a) Authorization.--Subject to the terms
and conditions of this section, up to $250,000,000 from the Land and
Water Conservation Fund is authorized to be appropriated to acquire
lands referenced in the Agreement of September 28, 1996, which consist
of approximately 4,500 acres commonly referred to as the
[[Page 111 STAT. 1611]]
``Headwaters Forest'', approximately 1,125 acres referred to as the
``Elk Head Forest'', and approximately 9,600 acres referred to as the
``Elk River Property'', which are located in Humboldt County,
California. This section is the sole authorization for the acquisition
of such property, which is the subject of the Agreement dated September
28, 1996 between the United States of America (hereinafter ``United
States''), the State of California, MAXXAM, Inc., and the Pacific Lumber
Company. Of the entire Elk River Property, the United States and the
State of California are to retain approximately 1,845 acres and transfer
the remaining approximately 7,755 acres of Elk River Property to the
Pacific Lumber Company. The property to be acquired and retained by the
United States and the State of California is that property that is the
subject of the Agreement of September 28, 1996 as generally depicted on
maps labeled as sheets 1 through 7 of Township 3 and 4 North, Ranges 1
East and 1 West, of the Humboldt Meridian, California, titled
``Dependent Resurvey and Tract Survey'', as approved by Lance J. Bishop,
Chief Cadastral Surveyor--California, on August 29, 1997. Such maps
shall be on file in the Office of the Chief Cadastral Surveyor, Bureau
of Land Management, Sacramento, California. The Secretary of the
Interior is authorized to make such typographical and other corrections
to this description as are mutually agreed upon by the parties to the
Agreement of September 28, 1996. The land retained by the United States
and the State of California (approximately 7,470 acres) shall hereafter
be the ``Headwaters Forest''. Any funds appropriated by the Federal
Government to acquire lands or interests in lands that enlarge the
Headwaters Forest by more than five acres per each acquisition shall be
subject to specific authorization enacted subsequent to this Act, except
that such funds may be used pursuant to existing authorities to acquire
such lands up to five acres per each acquisition or interests in lands
that may be necessary for roadways to provide access to the Headwaters
Forest.
(b) Effective Period of Authorization.--The authorization in
subsection (a) expires March 1, 1999 and shall become effective only--
(1) when the State of California provides a $130,000,000
contribution for the transaction;
(2) when the State of California approves a Sustained Yield
Plan covering Pacific Lumber Company timber property;
(3) when the Pacific Lumber Company dismisses the following
legal actions as evidenced by instruments in form and substance
satisfactory to each of the parties to such legal actions:
Pacific Lumber Co. v. United States, No. 96-257L (Fed. Cls.) and
Salmon Creek Corp. v. California Board of Forestry, No. 96-CS-
1057 (Cal. Super. Ct.);
(4) when the incidental take permit under section 10(a) of
the Endangered Species Act (based upon a multispecies Habitat
Conservation Plan covering Pacific Lumber Company timber
property, including applicable portions of the Elk River
Property) is issued by the United States Fish and Wildlife
Service and the National Marine Fisheries Service;
(5) after an appraisal of all lands and interests therein to
be acquired by the United States has been undertaken, such
appraisal has been reviewed for a period not to exceed 30 days
by the Comptroller General of the United States, and such
appraisal has been provided to the Committee on
[[Page 111 STAT. 1612]]
Resources of the House of Representatives, the Committee on
Energy and Natural Resources of the Senate, and the Committees
on Appropriations of the House and Senate;
(6) after the Secretary of the Interior issues an opinion of
value to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural Resources
of the Senate, and the Committees on Appropriations of the House
and Senate for the land and property to be acquired by the
Federal Government. Such opinion of value shall also include the
total value of all compensation (including tax benefits)
proposed to be provided for the acquisition;
(7) after an Environmental Impact Statement for the proposed
Habitat Conservation Plan has been prepared and completed in
accordance with the applicable provisions of the National
Environmental Policy Act of 1969; and
(8) when adequate provision has been made for public access
to the property.
(c) Acquisition.--Notwithstanding any other provision of law, the
amount paid by the United States to acquire identified lands and
interests in lands referred to in section 501(a) may differ from the
value contained in the appraisal required by section 501(b)(5) if the
Secretary of the Interior certifies, in writing, to Congress that such
action is in the best interest of the United States.
(d) Habitat <<NOTE: Reports.>> Conservation Plan.--
(1) Applicable standards.--Within 60 days after the
enactment of this section, the Secretary of the Interior and the
Secretary of Commerce shall report to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives on the scientific and
legal standards and criteria for threatened, endangered, and
candidate species under the Endangered Species Act and any other
species used to develop the habitat conservation plan
(hereinafter ``HCP'') and the section 10(a) incidental take
permit for the Pacific Lumber Company land.
(2) Report.--If the Pacific Lumber Company submits an
application for an incidental take permit under section 10(a) of
the Endangered Species Act for the transaction authorized by
subsection (a), and the permit is not issued, then the United
States Fish and Wildlife Service and the National Marine
Fisheries Service shall set forth the substantive rationale or
rationales for why the measures proposed by the applicant for
such permit did not meet the issuance criteria for the species
at issue. Such report shall be submitted to the Congress within
60 days of the decision not to issue such permit or by May 1,
1999, whichever is earlier.
(3) HCP standards.--If a section 10(a) permit for the
Pacific Lumber Company HCP is issued, it shall be deemed to be
unique to the circumstances associated with the acquisition
authorized by this section and shall not establish a higher or
lesser standard for any other multispecies HCPs than would
otherwise be established under existing law.
(e) Payment to Humboldt County.--Within 30 days of the acquisition
of the Headwaters Forest, the Secretary of the Interior shall provide a
$10,000,000 direct payment to Humboldt County, California.
[[Page 111 STAT. 1613]]
(f) Payment In Lieu Of Taxes.--The Federal portion of the Headwaters
Forest acquired pursuant to this section shall be entitlement land under
section 6905 of title 31 of the United States Code.
(g) Out-Year Budget Limitations.--The following funding limitations
and parameters shall apply to the Headwaters Forest acquired under
subsection (a)--
(1) At least 50 percent of the total funds for management of
such lands above the annual level of $100,000 shall (with the
exception of law enforcement activities and emergency
activities) be from non-Federal sources.
(2) Subject to appropriations, the authorized annual Federal
funding for management of such land is $300,000 (with the
exception of law enforcement activities and emergency
activities).
(3) The Secretary of the Interior or the Headwaters Forest
Management Trust referenced in subsection (h) is authorized to
accept and use donations of funds and personal property from the
State of California, private individuals, and other
nongovernmental entities for the purpose of management of the
Headwaters Forest.
(h) Headwaters Forest Management Trust.--The Secretary of the
Interior is authorized, with the written concurrence of the Governor of
the State of California, to establish a Headwaters Forest Management
Trust (``Trust'') for the management of the Headwaters Forest as
follows:
(1) Management authority.--The Secretary of the Interior is
authorized to vest management authority and responsibility in
the Trust composed of a board of five trustees each appointed
for terms of three years. Two trustees shall be appointed by the
Governor <<NOTE: President.>> of the State of California. Three
trustees shall be appointed by the President of the United
States. The first group of trustees shall be appointed within 60
days of exercising the authority under this subsection and the
terms of the trustees shall begin on such day. The Secretary of
the Interior, the Secretary of Resources of the State of
California, and the Chairman of the Humboldt County Board of
Supervisors shall be nonvoting, ex officio members of the board
of trustees. The Secretary is authorized to make grants to the
Trust for the management of the Headwaters Forest from amounts
authorized and appropriated.
(2) Operations.--The Trust shall have the power to develop
and implement the management plan for the Headwaters Forest.
(i) Management Plan.--
(1) In general.--A concise management plan for the
Headwaters Forest shall be developed and periodically amended as
necessary by the Secretary of the Interior in consultation with
the State of California (and in the case that the authority
provided in subsection (h) is exercised, the trustees shall
develop and periodically amend the management plan), and shall
meet the following requirements:
(A) Management goals for the plan shall be to
conserve and study the land, fish, wildlife, and forests
occurring on such land while providing public recreation
opportunities and other management needs.
[[Page 111 STAT. 1614]]
(B) Before a management structure and management
plan are adopted for such land, the Secretary of the
Interior or the board of trustees, as the case may be,
shall submit a proposal for the structure and plan to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of
Representatives. The proposed management plan shall not
become effective until the passage of 90 days after its
submission to the Committees.
(C) The Secretary <<NOTE: Reports.>> of the
Interior or the board of trustees, as the case may be,
shall report annually to the Committee on Energy and
Natural Resources of the Senate, the Committee on
Resources of the House of Representatives, and the House
and Senate Committees on Appropriations concerning the
management of lands acquired under the authority of this
section and activities undertaken on such lands.
(2) Plan.--The management plan shall guide general
management of the Headwaters Forest. Such plan shall address the
following management issues--
(A) scientific research on forests, fish, wildlife,
and other such activities that will be fostered and
permitted on the Headwaters Forest;
(B) providing recreation opportunities on the
Headwaters Forest;
(C) access to the Headwaters Forest;
(D) construction of minimal necessary facilities
within the Headwaters Forest so as to maintain the
ecological integrity of the Headwaters Forest;
(E) other management needs; and
(F) an annual budget for the management of the
Headwaters Forest, which shall include a projected
revenue schedule (such as fees for research and
recreation) and projected expenses.
(3) Compliance.--The National Environmental Policy Act shall
apply to the development and implementation of the management
plan.
(j) Cooperative Management.--
(1) The Secretary of the Interior may enter into agreements
with the State of California for the cooperative management of
any of the following: Headwaters Forest, Redwood National Park,
and proximate State lands. The purpose of such agreements is to
acquire from and provide to the State of California goods and
services to be used by the Secretary and the State of California
in cooperative management of lands if the Secretary determines
that appropriations for that purpose are available and an
agreement is in the best interests of the United States; and
(2) an assignment arranged by the Secretary under section
3372 of title 5, United States Code, of a Federal or State
employee for work in any Federal or State of California lands,
or an extension of such assignment, may be for any period of
time determined by the Secretary or the State of California, as
appropriate, to be mutually beneficial.
Sec. 502. Protection and Preservation of Yellowstone National Park-
Acquisition of Crown Butte Mining Interests. (a) Authorization.--Subject
to the terms and conditions of this
[[Page 111 STAT. 1615]]
section, up to $65,000,000 from the Land and Water Conservation Fund is
authorized to be appropriated to acquire identified lands and interests
in lands referred to in the Agreement of August 12, 1996 to protect and
preserve Yellowstone National Park.
(b) Conditions of Acquisition Authority.--The Secretary of
Agriculture may not acquire the District Property until:
(1) the parties to the Agreement have entered into and
lodged with the United States District Court for the District of
Montana a consent decree as required under the Agreement that
requires, among other things, Crown Butte to perform response or
restoration actions (or both) or pay for such actions in
accordance with the Agreement;
(2) an appraisal of the District Property has been
undertaken, such appraisal has been reviewed for a period not to
exceed 30 days by the Comptroller General of the United States,
and such appraisal has been provided to the Committee on
Resources of the House of Representatives, the Committee on
Energy and Natural Resources of the Senate, and the House and
Senate Committees on Appropriations;
(3) after the Secretary of Agriculture issues an opinion of
value to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural Resources
of the Senate, and the House and Senate Committees on
Appropriations for the land and property to be acquired by the
Federal Government; and
(4) the applicable requirements of the National
Environmental Policy Act have been met.
(c) Acquisition.--Notwithstanding any other provision of law, the
amount paid by the United States to acquire identified lands and
interests in lands referred to in the Agreement of August 12, 1996 to
protect and preserve Yellowstone National Park may exceed the value
contained in the appraisal required by section 502(b)(2) if the
Secretary of Agriculture certifies, in writing, to Congress that such
action is in the best interest of the United States.
(d) Deposit in Account.--Immediately upon receipt of payments from
the United States, Crown Butte shall deposit $22,500,000 in an interest
bearing account in a private, federally chartered financial institution
that, in accordance with the Agreement, shall be--
(1) acceptable to the Secretary of Agriculture; and
(2) available to carry out response and restoration actions.
The balance of amounts remaining in such account after completion of
response and restoration actions shall be available to the Secretary of
Agriculture for use in the New World Mining District for any
environmentally beneficial purpose otherwise authorized by law.
(e) Maintenance and Rehabilitation of Beartooth Highway.--
(1) Maintenance.--The Secretary of Agriculture shall,
consistent with the funds provided herein, be responsible for--
(A) snow removal on the Beartooth Highway from
milepost 0 in Yellowstone National Park, into and
through Wyoming, to milepost 43.1 on the border between
Wyoming and Montana; and
[[Page 111 STAT. 1616]]
(B) pavement preservation, in conformance with a
pavement preservation plan, on the Beartooth Highway
from milepost 8.4 to milepost 24.5.
(2) Rehabilitation.--The Secretary of Agriculture shall be
responsible for conducting rehabilitation and minor widening of
the portion of the Beartooth Highway in Wyoming that runs from
milepost 24.5 to milepost 43.1.
(3) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary of Agriculture--
(A) for snow removal and pavement preservation under
paragraph (1), $2,000,000; and
(B) for rehabilitation under paragraph (2),
$10,000,000.
(4) Availability of funds.--Within 30 days of the
acquisition of lands and interests in lands pursuant to this
section, the funds authorized in subsection (e)(3) and
appropriated herein for that purpose shall be made available to
the Secretary of Agriculture.
(f) Response and Restoration Plan.--The Administrator of the
Environmental Protection Agency and the Secretary of Agriculture shall
approve or prepare a plan for response and restoration activities to be
undertaken pursuant to the Agreement and a quarterly accounting of
expenditures made pursuant to such plan. The plan and accountings shall
be transmitted to the Committee on Resources of the House of
Representatives, the Senate Committee on Energy and Natural Resources
and the House and Senate Committees on Appropriations.
(g) Map.--The Secretary of Agriculture shall provide to the
Committee on Resources of the House of Representatives, the Senate
Committee on Energy and Natural Resources and the House and Senate
Committees on Appropriations, a map depicting the acreage to be acquired
pursuant to this section.
(h) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the agreement
in principle, concerning the District Property, entered into on
August 12, 1996 by Crown Butte Mines, Inc., Crown Butte
Resources Ltd., Greater Yellowstone Coalition, Northwest Wyoming
Resource Council, Sierra Club, Gallatin Wildlife Association,
Wyoming Wildlife Federation, Montana Wildlife Federation,
Wyoming Outdoor Council, Beartooth Alliance, and the United
States of America, with such other changes mutually agreed to by
the parties.
(2) Beartooth highway.--The term ``Beartooth Highway'' means
the portion of United States Route 212 that runs from the
northeast entrance of Yellowstone National Park near Silver
Gate, Montana, into and through Wyoming to Red Lodge, Montana.
(3) Crown butte.--The term ``Crown Butte'' means Crown Butte
Mines, Inc. and Crown Butte Resources Ltd., acting jointly.
(4) District property.--The term ``District Property'' means
the portion of the real property interests specifically
described as District Property in appendix B of the Agreement.
(5) New world mining district.--The term ``New World Mining
District'' means the New World Mining District as specifically
described in appendix A of the Agreement.
Sec. 503. Conveyance to State of Montana. (a) Conveyance
Requirement.--Not later than January 1, 2001, but not prior to
[[Page 111 STAT. 1617]]
180 days after the enactment of this Act, the Secretary of the Interior
shall convey to the State of Montana, without consideration, all right,
title, and interest of the United States in and to--
(1) $10,000,000 in Federal mineral rights in the State of
Montana agreed to by the Secretary of the Interior and the
Governor of Montana through negotiations in accordance with
subsection (b); or
(2) all Federal mineral rights in the tracts in Montana
depicted as Otter Creek number 1, 2, and 3 on the map entitled
``Ashland Map''.
(b) Negotiations.--The Secretary of the Interior shall promptly
enter into negotiations with the Governor of Montana for purposes of
subsection (a)(1) to determine and agree to mineral rights owned by the
United States having a fair market value of $10,000,000.
(c) Federal Law Not Applicable to Conveyance.--Any conveyance under
subsection (a) shall not be subject to the Mineral Leasing Act (30
U.S.C. 181 et seq.).
(d) Availability of Map.--The Secretary of the Interior shall keep
the map referred to in subsection (a)(2) on file and available for
public inspection in appropriate offices of the Department of the
Interior located in the District of Columbia and Billings, Montana,
until January 1, 2001.
(e) Conveyance Dependent Upon Acquisition.--No conveyance pursuant
to subsection (a) shall take place unless the acquisition authorized in
section 502(a) is executed.
Sec. 504. The <<NOTE: 16 USC 471j note.>> acquisitions authorized
by sections 501 and 502 of this title may not occur prior to the earlier
of: (1) 180 days after enactment of this Act; or (2) enactment of
separate authorizing legislation that modifies section 501, 502, or 503
of <<NOTE: Reports.>> this title. Within 120 days of enactment, the
Secretary of the Interior and the Secretary of Agriculture,
respectively, shall submit to the Committee on Resources of the House of
Representatives, the Senate Committee on Energy and Natural Resources
and the House and Senate Committees on Appropriations, reports detailing
the status of efforts to meet the conditions set forth in this title
imposed on the acquisition of the interests to protect and preserve the
Headwaters Forest and the acquisition of interests to protect and
preserve Yellowstone National Park. For every day beyond 120 days after
the enactment of this Act that the appraisals required in subsections
501(b)(5) and 502(b)(2) are not provided to the Committee on Resources
of the House, the Committee on Energy and Natural Resources of the
Senate and the House and Senate Committees on Appropriations in
accordance with such subsections, the 180-day period referenced in this
section shall be extended by one day.
Sec. 505. The Land and Water Conservation Fund Act of 1965 (Public
Law 88-578; 78 Stat. 897) (16 U.S.C. 460l-4 through 11) is amended by
moving section 13 (as added by section 1021(b) of the Omnibus Parks and
Public Lands Management Act of 1996; 110 Stat. 4210) so as to appear in
title <<NOTE: 16 USC 460l-10e.>> I of that Act following section 12.
TITLE VI--FOREST <<NOTE: Forest Resources Conservation and Shortage
Relief Act of 1997.>> RESOURCES CONSERVATION AND SHORTAGE RELIEF
Sec. 601. Short <<NOTE: 16 USC 620 note.>> Title.--This title may
be cited as the ``Forest Resources Conservation and Shortage Relief Act
of 1997''.
[[Page 111 STAT. 1618]]
Sec. 602. (a) Use of Unprocessed Timber-Limitation on Substitution
of Unprocessed Federal Timber for Unprocessed Timber From Private
Land.--Section 490 of the Forest Resources Conservation and Shortage
Relief Act of 1990 (16 U.S.C. 620b) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``paragraph (3)
and'' after ``provided in''; and
(B) by adding at the end the following:
``(3) Applicability.--In the case of the purchase by a
person of unprocessed timber originating from Federal lands west
of the 119th meridian in the State of Washington, paragraph (1)
shall apply only if--
``(A) the private lands referred to in paragraph (1)
are owned by the person; or
``(B) the person has the exclusive right to harvest
timber from the private lands described in paragraph (1)
during a period of more than 7 years, and may exercise
that right at any time of the person's choosing.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Approval of'';
(B) in paragraph (2)--
(i) in the paragraph heading, by inserting
``for sourcing areas for processing facilities
located outside the northwestern private timber
open market area''; after ``Application''; and
(ii) in subparagraph (A), by inserting
``(except private land located in the northwestern
private timber open market area)'' after
``lands'';
(C) in paragraph (3)--
(i) in the paragraph heading, by inserting
``for sourcing areas for processing facilities
located outside of the northwestern private timber
open market area.--(A) In general''; after
``approval''; and
(ii) by striking the last sentence of
paragraph (3) and adding at the end the following:
``(B) For timber manufacturing facilities located in
idaho.--Except as provided in subparagraph (D), in
making a determination referred to in subparagraph (A),
the Secretary concerned shall consider the private
timber export and the private and Federal timber
sourcing patterns for the applicant's timber
manufacturing facilities, as well as the private and
Federal timber sourcing patterns for the timber
manufacturing facilities of other persons in the same
local vicinity of the applicant, and the relative
similarity of such private and Federal timber sourcing
patterns.
``(C) For timber manufacturing facilities located in
states other than idaho.--Except as provided in
subparagraph (D), in making the determination referred
to in subparagraph (A), the Secretary concerned shall
consider the private timber export and the Federal
timber sourcing patterns for the applicant's timber
manufacturing facilities, as well as the Federal timber
sourcing patterns for the timber manufacturing
facilities of other persons in the same local vicinity
of the applicant, and the relative
[[Page 111 STAT. 1619]]
similarity of such Federal timber sourcing patterns.
Private timber sourcing patterns shall not be a factor
in such determinations in States other than Idaho.
``(D) Area not included.--In deciding whether to
approve or disapprove an application, the Secretary
shall not--
``(i) consider land located in the
northwestern private timber open market area; or
``(ii) condition approval of the application
on the inclusion of any such land in the
applicant's sourcing area, such land being
includable in the sourcing area only to the extent
requested by the applicant.'';
(D) in paragraph (4), in the paragraph heading, by
inserting ``for sourcing areas for processing facilities
located outside the northwestern private timber open
market area''; after ``application'';
(E) in paragraph (5), in the paragraph heading, by
inserting ``for sourcing areas for processing facilities
located outside the northwestern private timber open
market area''; after ``Determinations''; and
(F) by adding at the end the following:
``(6) Sourcing areas for processing facilities located in
the northwestern private timber open market area.--
``(A) Establishment.--In the northwestern private
timber open market area--
``(i) a sourcing area boundary shall be a
circle around the processing facility of the
sourcing area applicant or holder;
``(ii) the radius of the circle--
``(I) shall be the furthest distance
that the sourcing area applicant or
holder proposes to haul Federal timber
for processing at the processing
facility; and
``(II) shall be determined solely by
the sourcing area applicant or holder;
``(iii) a sourcing <<NOTE: Effective
date. Notice.>> area shall become effective on
written notice to the Regional Forester for Region
6 of the Forest Service of the location of the
boundary of the sourcing area;
``(iv) the 24-month requirement in paragraph
(1)(A) shall not apply;
``(v) a sourcing area holder--
``(I) may adjust the radius of the
sourcing area not more frequently than
once every 24 months; and
``(II) shall <<NOTE: Notice.>>
provide written notice to the Regional
Forester for Region 6 of the adjusted
boundary of its sourcing area before
using the adjusted sourcing area; and
``(vi) a sourcing area holder that
relinquishes a sourcing area may not reestablish a
sourcing area for that processing facility before
the date that is 24 months after the date on which
the sourcing area was relinquished.
``(B) Transition.--With respect to a portion of a
sourcing area established before the date of enactment
[[Page 111 STAT. 1620]]
of this paragraph that contains Federal timber under
contract before that date and is outside the boundary of
a new sourcing area established under subparagraph (A)--
``(i) that portion shall continue to be a
sourcing area only until unprocessed Federal
timber from the portion is no longer in the
possession of the sourcing area holder; and
``(ii) unprocessed timber from private land in
that portion shall be exportable immediately after
unprocessed timber from Federal land in the
portion is no longer in the possession of the
sourcing area holder.
``(7) Relinquishment and termination of sourcing areas.--
``(A) In general.--A sourcing area may be
relinquished at any time.
``(B) Effective <<NOTE: Notice>> date.--A
relinquishment of a sourcing area shall be effective as
of the date on which written notice is provided by the
sourcing area holder to the Regional Forester with
jurisdiction over the sourcing area where the processing
facility of the holder is located.
``(C) Exportability.--
``(i) In general.--On relinquishment or
termination of a sourcing area, unprocessed timber
from private land within the former boundary of
the relinquished or terminated sourcing area is
exportable immediately after unprocessed timber
from Federal land from within that area is no
longer in the possession of the former sourcing
area holder.
``(ii) No restriction.--The exportability of
unprocessed timber from private land located
outside of a sourcing area shall not be restricted
or in any way affected by relinquishment or
termination of a sourcing area.''; and
(3) by adding at the end the following:
``(d) Domestic Transportation and Processing of Private Timber.--
Nothing in this section restricts or authorizes any restriction on the
domestic transportation or processing of timber harvested from private
land, except that the Secretary may prohibit processing facilities
located in the State of Idaho that have sourcing areas from processing
timber harvested from private land outside of the boundaries of those
sourcing areas.''.
(b) Restriction of Exports of Unprocessed Timber From State and
Public Land.--Section 491(b)(2) of the Forest Resources Conservation and
Shortage Relief Act of 1990 (16 U.S.C. 620c(b)(2)) is amended--
(1) by striking ``the following'' and all that follows
through ``(A) The Secretary'' and inserting ``the Secretary'';
(2) by striking ``during the period beginning on June 1,
1993, and ending on December 31, 1995'' and inserting ``as of
the date of enactment of the Forest Resources Conservation and
Shortage Relief Act of 1997''; and
(3) by striking subparagraph (B).
Sec. 603. Monitoring and Enforcement.--Section 492 of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620d)
is amended--
(1) in subsection (c)(2), by adding at the end the
following:
[[Page 111 STAT. 1621]]
``(C) Mitigation of penalties.--
``(i) In general.--The Secretary concerned--
``(I) in determining the
applicability of any penalty imposed
under this paragraph, shall take into
account all relevant mitigating factors,
including mistake, inadvertence, and
error; and
``(II) based on any mitigating
factor, may, with respect to any penalty
imposed under this paragraph--
``(aa) reduce the penalty;
``(bb) not impose the
penalty; or
``(cc) on condition of there
being no further violation under
this paragraph for a prescribed
period, suspend imposition of
the penalty.
``(ii) Contractural remedies.--In the case of
a minor violation of this title (including a
regulation), the Secretary concerned shall, to the
maximum extent practicable, permit a contracting
officer to redress the violation in accordance
with the applicable timber sale contract rather
than assess a penalty under this paragraph.''; and
(2) in subsection (d)(1)--
(A) by striking ``The head'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), the
head''; and
(B) by adding at the end the following:
``(B) Prerequisites for debarment.--
``(i) In general.--No person may be debarred
from bidding for or entering into a contract for
the purchase of unprocessed timber from Federal
lands under subparagraph (A) unless the head of
the appropriate Federal department or agency first
finds, on the record and after an opportunity for
a hearing, that debarment is warranted.
``(ii) Withholding of awards during debarment
proceedings.--The head of an appropriate Federal
department or agency may withhold an award under
this title of a contract for the purchase of
unprocessed timber from Federal lands during a
debarment proceeding.''.
Sec. 604. Definitions.--Section 493 of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620e) is
amended--
(1) by redesignating paragraphs (3) through (8) as
paragraphs (5) through (10), respectively;
(2) by inserting after paragraph (2) the following:
``(3) Minor violation.--The term `minor violation' means a
violation, other than an intentional violation, involving a
single contract, purchase order, processing facility, or log
yard involving a quantity of logs that is less than 25 logs and
has a total value (at the time of the violation) of less than
$10,000.
``(4) Northwestern private timber open market area.--The
term `northwestern private timber open market area' means the
State of Washington.'';
(3) in subparagraph (B)(ix) of paragraph (9) (as
redesignated by paragraph (1))--
[[Page 111 STAT. 1622]]
(A) by striking ``Pulp logs or cull logs'' and
inserting ``Pulp logs, cull logs, and incidental volumes
of grade 3 and 4 sawlogs'';
(B) by inserting ``primary'' before ``purpose''; and
(C) by striking the period at the end and inserting:
``, or to the extent that a small quantity of such logs
are processed, into other products at domestic
processing facilities.''; and
(4) by adding at the end the following:
``(11) Violation.--The term `violation' means a violation of
this Act (including a regulation issued to implement this Act)
with regard to a course of action, including--
``(A) in the case of a violation by the original
purchaser of unprocessed timber, an act or omission with
respect to a single timber sale; and
``(B) in the case of a violation of a subsequent
purchaser of the timber, an act or omission with respect
to an operation at a particular processing facility or
log yard.''.
Sec. 605. Regulations.--Section 495(a) of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620f(a)) is
amended--
(1) by striking ``The Secretaries'' and inserting the
following:
``(1) Agriculture and interior.--The Secretaries'';
(2) by striking ``The Secretary of Commerce'' and inserting
the following:
``(2) Commerce.--The Secretary of Commerce''; and
(3) by striking the last sentence and inserting the
following:
``(3) <<NOTE: Regulations.>> Deadline.--
``(A) In general.--Except as otherwise provided in
this title, regulations and guidelines required under
this subsection shall be issued not later than June 1,
1998.
``(B) The regulations and guidelines issued under
this title that were in effect prior to September 8,
1995 shall remain in effect until new regulations and
guidelines are issued under subparagraph (A).
``(4) Painting and branding.--
``(A) In <<NOTE: Regulations.>> general.--The
Secretary concerned shall issue regulations that impose
reasonable painting, branding, or other forms of marking
or tracking requirements on unprocessed timber if--
``(i) the benefits of the requirements
outweigh the cost of complying with the
requirements; and
``(ii) the Secretary determines that, without
the requirements, it is likely that the
unprocessed timber--
``(I) would be exported in violation
of this
title; or
``(II) if the unprocessed timber
originated from Federal lands, would be
substituted for unprocessed timber
originating from private lands west of
the 100th Meridian in the contiguous 48
States in violation of this title.
``(B) Minimum size.--The Secretary concerned shall
not impose painting, branding, or other forms of marking
or tracking requirements on--
``(i) the face of a log that is less than 7
inches in diameter; or
[[Page 111 STAT. 1623]]
``(ii) unprocessed timber that is less than 8
feet in length or less than \1/3\ sound wood.
``(C) Waivers.--
``(i) In general.--The Secretary concerned may
waive log painting and branding requirements--
``(I) for a geographic area, if the
Secretary determines that the risk of
the unprocessed timber being exported
from the area or used in substitution is
low;
``(II) with respect to unprocessed
timber originating from private lands
located within an approved sourcing area
for a person who certifies that the
timber will be processed at a specific
domestic processing facility to the
extent that the processing does occur;
or
``(III) as part of a log yard
agreement that is consistent with the
purposes of the export and substitution
restrictions imposed under this title.
``(ii) Review and termination of waivers.--A
waiver granted under clause (i)--
``(I) shall, to the maximum extent
practicable, be reviewed once a year;
and
``(II) shall remain effective until
terminated by the Secretary.
``(D) Factors.--In making a determination under this
paragraph, the Secretary concerned shall consider--
``(i) the risk of unprocessed timber of that
species, grade, and size being exported or used in
substitution;
``(ii) the location of the unprocessed timber
and the effect of the location on its being
exported or used in substitution;
``(iii) the history of the person involved
with respect to compliance with log painting and
branding requirements; and
``(iv) any other factor that is relevant to
determining the likelihood of the unprocessed
timber being exported or used in substitution.
``(5) Reporting.--
``(A) In <<NOTE: Regulations.>> general.--Subject
to subparagraph (B), the Secretary concerned shall issue
regulations that impose reasonable documentation and
reporting requirements if the benefits of the
requirements outweigh the cost of complying with the
requirements.
``(B) Waivers.--
``(i) In general.--The Secretary concerned may
waive documentation and reporting requirements for
a person if--
``(I) an audit of the records of the
facility of the person reveals
substantial compliance with all notice,
reporting, painting, and branding
requirements during the preceding year;
or
``(II) the person transferring the
unprocessed timber and the person
processing the unprocessed timber enter
into an advance agreement with the
Secretary concerned regarding the
disposition of the unprocessed timber by
domestic processing.
[[Page 111 STAT. 1624]]
``(ii) Review and termination of waivers.--A
waiver granted under clause (i)--
``(I) shall, to the maximum extent
practicable, be reviewed once a year;
and
``(II) shall remain effective until
terminated by the Secretary.''.
TITLE VII--MICCOSUKEE <<NOTE: Miccosukee Settlement Act of 1997. Native
Americans. Florida.>> SETTLEMENT
Sec. 701. Short <<NOTE: 25 USC 1750 note.>> Title.--This title may
be cited as the ``Miccosukee Settlement Act of 1997''.
Sec. 702. Congressional <<NOTE: 25 USC 1750.>> Findings.--Congress
finds that:
(1) There is pending before the United States District Court
for the Southern District of Florida a lawsuit by the Miccosukee
Tribe that involves the taking of certain tribal lands in
connection with the construction of highway Interstate 75 by the
Florida Department of Transportation.
(2) The pendency of the lawsuit referred to in paragraph (1)
clouds title of certain lands used in the maintenance and
operation of the highway and hinders proper planning for future
maintenance and operations.
(3) The Florida Department of Transportation, with the
concurrence of the Board of Trustees of the Internal
Improvements Trust Fund of the State of Florida, and the
Miccosukee Tribe have executed an agreement for the purpose of
resolving the dispute and settling the lawsuit.
(4) The agreement referred to in paragraph (3) requires the
consent of Congress in connection with contemplated land
transfers.
(5) The Settlement Agreement is in the interest of the
Miccosukee Tribe, as the Tribe will receive certain monetary
payments, new reservation lands to be held in trust by the
United States, and other benefits.
(6) Land received by the United States pursuant to the
Settlement Agreement is in consideration of Miccosukee Indian
Reservation lands lost by the Miccosukee Tribe by virtue of
transfer to the Florida Department of Transportation under the
Settlement Agreement.
(7) The lands referred to in paragraph (6) as received by
the United States will be held in trust by the United States for
the use and benefit of the Miccosukee Tribe as Miccosukee Indian
Reservation lands in compensation for the consideration given by
the Tribe in the Settlement Agreement.
(8) Congress shares with the parties to the Settlement
Agreement a desire to resolve the dispute and settle the
lawsuit.
Sec. 703. <<NOTE: 25 USC 1750a.>> Definitions.--In this title:
(1) Board of trustees of the internal improvements trust
fund.--The term ``Board of Trustees of the Internal Improvements
Trust Fund'' means the agency of the State of Florida holding
legal title to and responsible for trust administration of
certain lands of the State of Florida, consisting of the
Governor, Attorney General, Commissioner of Agriculture,
Commissioner of Education, Controller, Secretary of State, and
Treasurer of the State of Florida, who are Trustees of the
Board.
[[Page 111 STAT. 1625]]
(2) Florida department of transportation.--The term
``Florida Department of Transportation'' means the executive
branch department and agency of the State of Florida that--
(A) is responsible for the construction and
maintenance of surface vehicle roads, existing pursuant
to section 20.23, Florida Statutes; and
(B) has the authority to execute the Settlement
Agreement pursuant to section 334.044, Florida Statutes.
(3) Lawsuit.--The term ``lawsuit'' means the action in the
United States District Court for the Southern District of
Florida, entitled Miccosukee Tribe of Indians of Florida v.
State of Florida and Florida Department of Transportation, et
al., docket No. 6285-Civ-Paine.
(4) Miccosukee lands.--The term ``Miccosukee lands'' means
lands that are--
(A) held in trust by the United States for the use
and benefit of the Miccosukee Tribe as Miccosukee Indian
Reservation lands; and
(B) identified pursuant to the Settlement Agreement
for transfer to the Florida Department of
Transportation.
(5) Miccosukee tribe; tribe.--The terms ``Miccosukee Tribe''
and ``Tribe'' mean the Miccosukee Tribe of Indians of Florida, a
tribe of American Indians recognized by the United States and
organized under section 16 of the Act of June 18, 1934 (48 Stat.
987, chapter 576; 25 U.S.C. 476) and recognized by the State of
Florida pursuant to chapter 285, Florida Statutes.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Settlement agreement; agreement.--The terms ``Settlement
Agreement'' and ``Agreement'' mean the assemblage of documents
entitled ``Settlement Agreement'' (with incorporated exhibits)
that--
(A) addresses the lawsuit; and
(B)(i) was signed on August 28, 1996, by Ben G.
Watts (Secretary of the Florida Department of
Transportation) and Billy Cypress (Chairman of the
Miccosukee Tribe); and
(ii) after being signed, as described in clause (i),
was concurred in by the Board of Trustees of the
Internal Improvements Trust Fund of the State of
Florida.
(8) State of florida.--The term ``State of Florida'' means--
(A) all agencies or departments of the State of
Florida, including the Florida Department of
Transportation and the Board of Trustees of the Internal
Improvements Trust Fund; and
(B) the State of Florida as a governmental entity.
Sec. 704. Ratification.--The <<NOTE: 25 USC 1750b.>> United States
approves, ratifies, and confirms the Settlement Agreement.
Sec. 705. Authority <<NOTE: 25 USC 1750c.>> of Secretary.--As
Trustee for the Miccosukee Tribe, the Secretary shall--
(1)(A) aid and assist in the fulfillment of the Settlement
Agreement at all times and in a reasonable manner; and
(B) to accomplish the fulfillment of the Settlement
Agreement in accordance with subparagraph (A), cooperate with
and assist the Miccosukee Tribe;
[[Page 111 STAT. 1626]]
(2) upon finding that the Settlement Agreement is legally
sufficient and that the State of Florida has the necessary
authority to fulfill the Agreement--
(A) sign the Settlement Agreement on behalf of the
United States; and
(B) ensure that an individual other than the
Secretary who is a representative of the Bureau of
Indian Affairs also signs the Settlement Agreement;
(3) upon finding that all necessary conditions precedent to
the transfer of Miccosukee land to the Florida Department of
Transportation as provided in the Settlement Agreement have been
or will be met so that the Agreement has been or will be
fulfilled, but for the execution of that land transfer and
related land transfers--
(A) transfer ownership of the Miccosukee land to the
Florida Department of Transportation in accordance with
the Settlement Agreement, including in the transfer
solely and exclusively that Miccosukee land identified
in the Settlement Agreement for transfer to the Florida
Department of Transportation; and
(B) in conjunction with the land transfer referred
to in subparagraph (A), transfer no land other than the
land referred to in that subparagraph to the Florida
Department of Transportation; and
(4) upon finding that all necessary conditions precedent to
the transfer of Florida lands from the State of Florida to the
United States have been or will be met so that the Agreement has
been or will be fulfilled but for the execution of that land
transfer and related land transfers, receive and accept in trust
for the use and benefit of the Miccosukee Tribe ownership of all
land identified in the Settlement Agreement for transfer to the
United States.
Sec. 706. Miccosukee <<NOTE: 25 USC 1750d.>> Indian Reservation
Lands.--The lands transferred and held in trust for the Miccosukee Tribe
under section 705(4) shall be Miccosukee Indian Reservation lands.
Sec. 707. Miscellaneous. <<NOTE: 25 USC 1750e.>> (a) Rule of
Construction.--
Nothing in this Act or the Settlement Agreement shall--
(1) affect the eligibility of the Miccosukee Tribe or its
members to receive any services or benefits under any program of
the Federal Government; or
(2) diminish the trust responsibility of the United States
to the Miccosukee Tribe and its members.
(b) No Reductions in Payments.--No payment made pursuant to this Act
or the Settlement Agreement shall result in any reduction or denial of
any benefits or services under any program of the Federal Government to
the Miccosukee Tribe or its members, with respect to which the Tribe or
the members of the Tribe are entitled or eligible because of the status
of--
(1) the Miccosukee Tribe as a federally recognized Indian
tribe; or
(2) any member of the Miccosukee Tribe as a member of the
Tribe.
(c) Taxation.--
(1) In general.--
(A) Moneys.--None of the moneys paid to the
Miccosukee Tribe under this Act or the Settlement
Agreement shall be taxable under Federal or State law.
[[Page 111 STAT. 1627]]
(B) Lands.--None of the lands conveyed to the
Miccosukee Tribe under this Act or the Settlement
Agreement shall be taxable under Federal or State law.
(2) Payments and conveyances not taxable events.--No payment
or conveyance referred to in paragraph (1) shall be considered
to be a taxable event.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 1998''.
Approved November 14, 1997.
LEGISLATIVE HISTORY--H.R. 2107:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-163 (Comm. on Appropriations) and 105-337 (Comm.
of Conference).
SENATE REPORTS: No. 105-56 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
July 10, 11, 15, considered and passed House.
Sept. 11, 15-18, considered and passed Senate, amended.
Oct. 24, House agreed to conference report.
Oct. 28, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Nov. 14, Presidential statement.
Nov. 20, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
Nov. 24, Cancellation of items pursuant to the Line Item
Veto Act.
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