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H.R.2466
Department of the Interior and Related Agencies Appropriations Act,
2000 (Engrossed Senate Amendment)
TITLE III--GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this Act for any
consulting service through procurement contract, pursuant to 5 U.S.C. 3109,
shall be limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive Order issued pursuant
to existing law.
SEC. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of Agriculture for
the leasing of oil and natural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National Forest, Illinois:
Provided, That nothing herein is intended to inhibit or otherwise
affect the sale, lease, or right to access to minerals owned by private
individuals.
SEC. 303. No part of any appropriation contained in this Act shall be
available for any activity or the publication or distribution of literature
that in any way tends to promote public support or opposition to any
legislative proposal on which congressional action is not complete.
SEC. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
SEC. 305. None of the funds provided in this Act to any department or
agency shall be obligated or expended to provide a personal cook, chauffeur,
or other personal servants to any officer or employee of such department or
agency except as otherwise provided by law.
SEC. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance notice of
such assessments and the basis therefor are presented to the Committees on
Appropriations and are approved by such Committees.
SEC. 307. (a) COMPLIANCE WITH BUY AMERICAN ACT- None of the funds made
available in this Act may be expended by an entity unless the entity agrees
that in expending the funds the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the `Buy
American Act').
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE-
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- In the case of
any equipment or product that may be authorized to be purchased with
financial assistance provided using funds made available in this Act, it is
the sense of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE- In providing financial
assistance using funds made available in this Act, the head of each Federal
agency shall provide to each recipient of the assistance a notice describing
the statement made in paragraph (1) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS
MADE IN AMERICA- If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a `Made in
America' inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United States,
the person shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409 of
title 48, Code of Federal Regulations.
SEC. 308. None of the funds in this Act may be used to plan, prepare,
or offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National Forest System or
Bureau of Land Management lands in a manner different than such sales were
conducted in fiscal year 1999.
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. 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,
1999, then none of the funds appropriated or otherwise made available by this
Act may be used for the AmeriCorps programs.
SEC. 311. 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. 312. (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, 2000, 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. 313. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau of Indian
Affairs and the Indian Health Service by Public Laws 103-138, 103-332,
104-134, 104-208, 105-83, and 105-277 for payments to tribes and tribal
organizations for contract support costs associated with self-determination or
self-governance contracts, grants, compacts, or annual funding agreements with
the Bureau of Indian Affairs or the Indian Health Service as funded by such
Acts, are the total amounts available for fiscal years 1994 through 1999 for
such purposes, except that, for the Bureau of Indian Affairs, tribes and
tribal organizations may use their tribal priority allocations for unmet
indirect costs of ongoing contracts, grants, self-governance compacts or
annual funding agreements.
SEC. 314. Notwithstanding any other provision of law, for fiscal year
2000 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 or the Jobs in the Woods Program established in Region 10 of the
Forest Service to individuals and entities in historically timber-dependent
areas in the States of Washington, Oregon, northern California and Alaska that
have been affected by reduced timber harvesting on Federal lands.
SEC. 315. 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. 316. (a) None of the funds made available in this Act or any
other Act providing appropriations for the Department of the Interior, the
Forest Service or the Smithsonian Institution may be used to submit
nominations for the designation of Biosphere Reserves pursuant to the Man and
Biosphere program administered by the United Nations Educational, Scientific,
and Cultural Organization.
(b) The provisions of this section shall be repealed upon enactment of
subsequent legislation specifically authorizing United States participation in
the Man and Biosphere program.
SEC. 317. 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. 318. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an individual if
such grant is awarded to such individual for a literature fellowship,
National Heritage Fellowship, or American Jazz Masters
Fellowship.
(2) The Chairperson shall establish procedures to ensure that no
funding provided through a grant, except a grant made to a State or local
arts agency, or regional group, may be used to make a grant to any other
organization or individual to conduct activity independent of the direct
grant recipient. Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group, unless
the application is specific to the contents of the season, including
identified programs and/or projects.
SEC. 319. 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. 320. 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; those national forests having been
court-ordered to revise; those national forests where plans reach the fifteen
year legally mandated date to revise before or during calendar year 2000;
national forests within the Interior Columbia Basin Ecosystem study area; and
the White Mountain National Forest are exempt from this section and may use
funds in this Act and proceed to complete the forest plan revision in
accordance with current forest planning regulations.
SEC. 321. 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. 322. (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.
(1) The term `underserved population' means a population of
individuals who have historically been outside the purview of arts and
humanities programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term `poverty line' means the poverty line (as defined by
the Office of Management and Budget, and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
(c) In providing services and awarding financial assistance under the
National Foundation on the Arts and Humanities Act of 1965 with funds
appropriated by this Act, the Chairperson of the National Endowment for the
Arts shall ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or programs that
will encourage public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section 5 of the
National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for projects,
productions, workshops, or programs that are of national impact or
availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent, in
the aggregate, of such funds to any single State, excluding grants made
under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and by
State, on grants awarded by the Chairperson in each grant category under
section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to improve and
support community-based music performance and education.
SEC. 323. 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. 324. Notwithstanding any other provision of law, none of the
funds provided in this Act to the Indian Health Service or Bureau of Indian
Affairs may be used to enter into any new or expanded self-determination
contract or grant or self-governance compact pursuant to the Indian
Self-Determination Act of 1975, as amended, for any activities not previously
covered by such contracts, compacts or grants. Nothing in this section
precludes the continuation of those specific activities for which
self-determination and self-governance contracts, compacts and grants
currently exist or the renewal of contracts, compacts and grants for those
activities; implementation of section 325 of Public Law 105-83 (111 Stat.
1597); or compliance with 25 U.S.C. 2005.
SEC. 325. Amounts deposited during fiscal year 1999 in the roads and
trails fund provided for in the fourteenth paragraph under the heading `FOREST
SERVICE' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be
used by the Secretary of Agriculture, without regard to the State in which the
amounts were derived, to repair or reconstruct roads, bridges, and trails on
National Forest System lands or to carry out and administer projects to
improve forest health conditions, which may include the repair or
reconstruction of roads, bridges, and trails on National Forest System lands
in the wildland-community interface where there is an abnormally high risk of
fire. The projects shall emphasize reducing risks to human safety and public
health and property and enhancing ecological functions, long-term forest
productivity, and biological integrity. The Secretary shall commence the
projects during fiscal year 2000, but the projects may be completed in a
subsequent fiscal year. Funds shall not be expended under this section to
replace funds which would otherwise appropriately be expended from the timber
salvage sale fund. Nothing in this section shall be construed to exempt any
project from any environmental law.
SEC. 326. HARDWOOD TECHNOLOGY TRANSFER AND APPLIED RESEARCH. (a) The
Secretary of Agriculture (hereinafter the `Secretary') is hereby and hereafter
authorized to conduct technology transfer and development, training,
dissemination of information and applied research in the management,
processing and utilization of the hardwood forest resource. This authority is
in addition to any other authorities which may be available to the Secretary
including, but not limited to, the Cooperative Forestry Assistance Act of
1978, as amended (16 U.S.C. 2101 et. seq.), and the Forest and Rangeland
Renewable Resources Act of 1978, as amended (16 U.S.C. 1600-1614).
(b) In carrying out this authority, the Secretary may enter into
grants, contracts, and cooperative agreements with public and private
agencies, organizations, corporations, institutions and individuals. The
Secretary may accept gifts and donations pursuant to the Act of October 10,
1978 (7 U.S.C. 2269) including gifts and donations from a donor that conducts
business with any agency of the Department of Agriculture or is regulated by
the Secretary of Agriculture.
(c) The Secretary is hereby and hereafter authorized to operate and
utilize the assets of the Wood Education and Resource Center (previously named
the Robert C. Byrd Hardwood Technology Center in West Virginia) as part of a
newly formed `Institute of Hardwood Technology Transfer and Applied Research'
(hereinafter the `Institute'). The Institute, in addition to the Wood
Education and Resource Center, will consist of a Director, technology transfer
specialists from State and Private Forestry, the Forestry Sciences Laboratory
in Princeton, West Virginia, and any other organizational unit of the
Department of Agriculture as the Secretary deems appropriate. The overall
management of the Institute will be the responsibility of the USDA Forest
Service, State and Private Forestry.
(d) The Secretary is hereby and hereafter authorized to generate
revenue using the authorities provided herein. Any revenue received as part of
the operation of the Institute shall be deposited into a special fund in the
Treasury of the United States, known as the `Hardwood Technology Transfer and
Applied Research Fund', which shall be available to the Secretary until
expended, without further appropriation, in furtherance of the purposes of
this section, including upkeep, management, and operation of the Institute and
the payment of salaries and expenses.
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