S 1292 PCS
Calendar No. 183
106th CONGRESS
1st Session
S. 1292
[Report No. 106-99]
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2000, and for other
purposes.
Rule
IN THE SENATE OF THE UNITED STATES
June 28, 1999
Mr. GORTON, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
A BILL
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2000, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the Department of the Interior and related agencies for the fiscal year ending
September 30, 2000, 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)),
$634,321,000, to remain available until expended, of which $2,147,000 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
not to exceed $1,000,000 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
2000 subject to a match by at least an equal amount by the National Fish and
Wildlife Foundation, to such Foundation for cost-shared projects supporting
conservation of Bureau lands; in addition, $33,529,000 for Mining Law
Administration program operations, including the cost of administering the
mining claim fee program; 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 $634,321,000, and $2,000,000, to remain available until expended,
from communication site rental fees established by the Bureau for the cost of
administering communication site activities: Provided, That
appropriations herein made shall not be available for the destruction of
healthy, unadopted, wild horses and burros in the care of the Bureau or its
contractors.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppression operations,
emergency rehabilitation and hazardous fuels reduction by the Department of
the Interior, $287,305,000, to remain available until expended, of which not
to exceed $5,025,000 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
unobligated balances of amounts previously appropriated to the `Fire
Protection' and `Emergency Department of the Interior Firefighting Fund' may
be transferred and merged with this appropriation: 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:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., Protection of United States
Property, may be credited to the appropriation from which funds were expended
to provide that protection, and are available without fiscal year
limitation.
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.), $10,000,000, 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, $12,418,000, 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), $130,000,000, 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, $17,400,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and development of
resources and for construction, operation, and maintenance of access roads,
reforestation, and other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Oregon and California
land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition
of lands or interests therein including existing connecting roads on or
adjacent to such grant lands; $99,225,000, 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 fund
(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
(defined as the portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 103-66)
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 $10,000,000, to remain available until expended: Provided, That
not to exceed $600,000 shall be available for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of public
lands and resources, for costs of providing copies of official public land
documents, for monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for rehabilitation of
damaged property, such amounts as may be collected under Public Law 94-579, as
amended, and Public Law 93-153, to remain available until expended:
Provided, That notwithstanding any provision to the contrary of
section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate for refund pursuant
to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may
be expended under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without regard to whether
all moneys collected from each such action are used on the exact lands damaged
which led to the action: Provided further, That any such moneys that
are in excess of amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under existing laws,
there is hereby appropriated such amounts as may be contributed under section
307 of the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may
be advanced for administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be available for
purchase, erection, and dismantlement of temporary structures, and alteration
and maintenance of necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the discretion of the
Secretary, for information or evidence concerning violations of laws
administered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary and to be
accounted for solely on his certificate, not to exceed $10,000:
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, under
cooperative cost-sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either in
cash or in services, and the Bureau determines the cooperator is capable of
meeting accepted quality standards.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and Wildlife Service, for
scientific and economic studies, conservation, management, investigations,
protection, and utilization of fishery and wildlife resources, except whales,
seals, and sea lions, maintenance of the herd of long-horned cattle on the
Wichita Mountains Wildlife Refuge, general administration, and for the
performance of other authorized functions related to such resources by direct
expenditure, contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $683,519,000, to remain available
until September 30, 2001, except as otherwise provided herein, of which
$11,701,000 shall remain available until expended for operation and
maintenance of fishery mitigation facilities constructed by the Corps of
Engineers under the Lower Snake River Compensation Plan, authorized by the
Water Resources Development Act of 1976, to compensate for loss of fishery
resources from water development projects on the Lower Snake River:
Provided, That not less than $1,000,000 for high priority projects
which shall be carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended: Provided further, That not to
exceed $5,932,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act, as amended, for species
that are indigenous to the United States (except for processing petitions,
developing and issuing proposed and final regulations, and taking any other
steps to implement actions described in subsections (c)(2)(A), (c)(2)(B)(i),
or (c)(2)(B)(ii)): Provided further, That of the amount available for
law enforcement, up to $400,000 to remain available until expended, may at the
discretion of the Secretary, be used for payment for information, rewards, or
evidence concerning violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity, authorized or
approved by the Secretary and to be accounted for solely on his certificate:
Provided further, That of the amount provided for environmental
contaminants, up to $1,000,000 may remain available until expended for
contaminant sample analyses: Provided further, That all fines
collected by the U.S. Fish and Wildlife Service for violations of the Marine
Mammal Protection Act (16 U.S.C. 1362-1407) and implementing regulations shall
be available to the Secretary, without further appropriation, to be used for
the expenses of the U.S. Fish and Wildlife Service in administering activities
for the protection and recovery of manatees, polar bears, sea otters, and
walruses, and shall remain available until expended: Provided
further, That, heretofore and hereafter, in carrying out work under
reimbursable agreements with any state, local, or tribal government, the U.S.
Fish and Wildlife Service may, without regard to 31 U.S.C. 1341 and
notwithstanding any other provision of law or regulation, record obligations
against accounts receivable from such entities, and shall credit amounts
received from such entities to this appropriation, such credit to occur within
90 days of the date of the original request by the Service for payment.
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; $40,434,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, a single
procurement for the construction of facilities at the Alaska Maritime National
Wildlife Refuge may be issued which includes the full scope of the project:
Provided further, That the solicitation and the contract shall
contain the clauses `availability of funds' found at 48 C.F.R. 52.232.18.
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, $55,244,000, to be derived from the Land and
Water Conservation Fund and 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, $21,480,000, to be
derived from the Cooperative Endangered Species Conservation Fund, and to
remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C.
715s), $10,000,000.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Conservation Act
(16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, and 1538), the Asian
Elephant Conservation Act of 1997 (16 U.S.C. 4261-4266), and the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), $2,400,000, to
remain available until expended: Provided, That funds made available
under this Act, Public Law 105-277, and Public Law 105-83 for rhinoceros,
tiger, and Asian elephant conservation programs are exempt from any sanctions
imposed against any country under section 102 of the Arms Export Control Act
(22 U.S.C. aa-1).
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, $15,000,000, to
remain available until expended.
WILDLIFE CONSERVATION AND APPRECIATION FUND
For necessary expenses of 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 70 passenger motor
vehicles, of which 61 are for replacement only (including 36 for police-type
use); 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 used pursuant to law in connection with
management and investigation of fish and wildlife resources:
Provided, That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost of
printing either in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided further,
That the Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding any other provision
of law, the Secretary of the Interior may not spend any of the funds
appropriated in this Act for the purchase of lands or interests in lands to be
used in the establishment of any new unit of the National Wildlife Refuge
System unless the purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the reprogramming procedures
contained in Senate Report 105-56.
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 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, $1,355,176,000, of which $8,800,000 is
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 $8,000,000, 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, $49,951,000:
Provided, That notwithstanding any other provision of law, the
National Park Service may hereafter recover all fees derived from providing
necessary review services associated with historic preservation tax
certification, and such funds shall be available until expended without
further appropriation for the costs of such review services.
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), $42,412,000, to be derived from
the Historic Preservation Fund, to remain available until September 30, 2001,
of which $8,422,000 pursuant to section 507 of Public Law 104-333 shall remain
available until expended.
CONSTRUCTION
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989, $221,093,000,
to remain available until expended, of which $1,100,000 shall be for
realignment of the Denali National Park entrance road: Provided, That
$4,000,000 for the Wheeling National Heritage Area and $1,000,000 for
Montpelier shall be derived from the Historic Preservation Fund pursuant to 16
U.S.C. 470a: Provided further, That notwithstanding any other
provision of law, a single procurement for the construction of visitor
facilities at Brooks Camp at Katmai National Park and Preserve 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.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2000 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, $84,525,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended, of which $500,000 is to administer
the State assistance program.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available for the
purchase of not to exceed 384 passenger motor vehicles, of which 298 shall be
for replacement only, including not to exceed 312 for police-type use, 12
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,
biology, 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;
$813,243,000, of which $72,314,000 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
ongoing development of a mineral and geologic data base; and of which
$160,248,000 shall be available until September 30, 2001 for the biological
research activity and the operation of the Cooperative Research Units:
Provided, That of the funds available for the biological research
activity, $1,000,000 shall be made available by grant to the University of
Alaska for conduct of, directly or through subgrants, basic marine research
activities in the North Pacific Ocean pursuant to a plan approved by the
Department of Commerce, the Department of the Interior, and the State of
Alaska: Provided further, That none of these funds provided for the
biological research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be used to
pay more than one-half the cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with States and
municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological Survey shall be
available for the purchase of not to exceed 53 passenger motor vehicles, of
which 48 are for replacement only; reimbursement to the General Services
Administration for security guard services; contracting for the furnishing of
topographic maps and for the making of geophysical or other specialized
surveys when it is administratively determined that such procedures are in the
public interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on the rolls of
the Survey duly appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through the use of
contracts, grants, or cooperative agreements as defined in 31 U.S.C. 6302 et
seq.: Provided further, That the United States Geological Survey may
contract directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 5, for the temporary or
intermittent services of students or recent graduates, who shall be considered
employees for the purposes of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and 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; $110,682,000, of which
$84,569,000 shall be available for royalty management activities; and an
amount not to exceed $124,000,000, 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, 2001: Provided further, That funds
appropriated under this Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided further, That not
to exceed $3,000 shall be available for reasonable expenses related to
promoting volunteer beach and marine cleanup activities: Provided
further, That notwithstanding any other provision of law, $15,000 under
this heading shall be available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals Management Service
concurred with the claimed refund due, to pay amounts owed to Indian allottees
or Tribes, or to correct prior unrecoverable erroneous payments.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the Oil
Pollution Act of 1990, $6,118,000, which shall be derived from the Oil Spill
Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended, including
the purchase of not to exceed 10 passenger motor vehicles, for replacement
only; $95,891,000: Provided, That the Secretary of the Interior,
pursuant to regulations, may use directly or through grants to States, moneys
collected in fiscal year 2000 for civil penalties assessed under section 518
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
reclaim lands adversely affected by coal mining practices after August 3,
1977, to remain available until expended: Provided further, That
appropriations for the Office of Surface Mining Reclamation and Enforcement
may provide for the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement sponsored
training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface Mining Control
and Reclamation Act of 1977, Public Law 95-87, as amended, including the
purchase of not more than 10 passenger motor vehicles for replacement only,
$185,658,000, to be derived from receipts of the Abandoned Mine Reclamation
Fund and to remain available until expended; of which up to $7,000,000, to be
derived from the Federal Expenses Share of the Fund, shall be for supplemental
grants to States for the reclamation of abandoned sites with acid mine rock
drainage from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants to
minimum program States will be $1,500,000 per State in fiscal year 2000:
Provided further, That of the funds herein provided up to $18,000,000
may be used for the emergency program authorized by section 410 of Public Law
95-87, as amended, of which no more than 25 percent shall be used for
emergency reclamation projects in any one State and funds for federally
administered emergency reclamation projects under this proviso shall not
exceed $11,000,000: Provided further, That prior year unobligated
funds appropriated for the emergency reclamation program shall not be subject
to the 25 percent limitation per State and may be used without fiscal year
limitation for emergency projects: Provided further, That pursuant to
Public Law 97-365, the Department of the Interior is authorized to use up to
20 percent from the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts: Provided
further, That funds made available under title IV of Public Law 95-87 may
be used 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 expenses necessary for the operation of Indian programs, as authorized
by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13), the
Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450
et seq.), as amended, the Education Amendments of 1978 (25 U.S.C. 2001-2019),
and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as
amended, $1,631,996,000, to remain available until September 30, 2001 except
as otherwise provided herein, of which not to exceed $93,684,000 shall be for
welfare assistance payments and notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act of 1975, as
amended, not to exceed $115,229,000 shall be available for payments to tribes
and tribal organizations for contract support costs associated with ongoing
contracts, grants, compacts, or annual funding agreements entered into with
the Bureau prior to or during fiscal year 2000, as authorized by such Act,
except that tribes and tribal organizations may use their tribal priority
allocations for unmet indirect costs of ongoing contracts, grants, or
compacts, or annual funding agreements and for unmet welfare assistance costs;
and of which not to exceed $402,010,000 for school operations costs of
Bureau-funded schools and other education programs shall become available on
July 1, 2000, and shall remain available until September 30, 2001; and of
which not to exceed $51,991,000 shall remain available until expended for
housing improvement, road maintenance, attorney fees, litigation support,
self-governance grants, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program: Provided, That
notwithstanding any other provision of law, including but not limited to the
Indian Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
exceed $44,160,000 within and only from such amounts made available for school
operations shall be available to tribes and tribal organizations for
administrative cost grants associated with the operation of Bureau-funded
schools: Provided further, That any forestry funds allocated to a
tribe which remain unobligated as of September 30, 2001, may be transferred
during fiscal year 2002 to an Indian forest land assistance account
established for the benefit of such tribe within the tribe's trust fund
account: Provided further, That any such unobligated balances not so
transferred shall expire on September 30, 2002.
CONSTRUCTION
For construction, repair, improvement, and maintenance 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,
$146,884,000, 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 2000, 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): Provided further, That notwithstanding any other
provision of law, collections from the settlements between the United States
and the Puyallup tribe concerning Chief Leschi school are made available for
school construction in fiscal year 2000 and hereafter.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $27,131,000, to remain available until
expended; of which $25,260,000 shall be available for implementation of
enacted Indian land and water claim settlements pursuant to Public Laws
101-618 and 102-575, and for implementation of other enacted water rights
settlements; and of which $1,871,000 shall be available pursuant to Public
Laws 99-264, 100-383, 103-402 and 100-580.
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 $59,682,000.
In addition, for administrative expenses to carry out the guaranteed loan
programs, $504,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements, compacts
and grants, either directly or in cooperation with States and other
organizations.
Appropriations for the Bureau of Indian Affairs (except the revolving fund
for loans, the Indian loan guarantee and insurance fund, 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 (except facilities operations and maintenance) 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).
In the event any tribe returns appropriations made available by this Act
to the Bureau of Indian Affairs for distribution to other tribes, this action
shall not diminish the Federal government's trust responsibility to that
tribe, or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future appropriations.
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.
Appropriations made available in this or any other Act for schools funded
by the Bureau shall be available only to the schools in the Bureau school
system as of September 1, 1996. No funds available to the Bureau shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each school
in the Bureau school system as of October 1, 1995.
The Tate Topa Tribal School, the Black Mesa Community School, the Alamo
Navajo School, and other BIA-funded schools, subject to the approval of the
Secretary of the Interior, may use prior year school operations funds for the
replacement or repair of BIA education facilities which are in compliance with
25 U.S.C. 2005(a) and which shall be eligible for operation and maintenance
support to the same extent as other BIA education facilities:
Provided, That any additional construction costs for replacement or
repair of such facilities begun with prior year funds shall be completed
exclusively with non-Federal funds.
Department Offices
Insular Affairs
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $67,325,000, of which: (1)
$63,076,000 shall be available until expended for technical assistance,
including maintenance assistance, disaster assistance, insular management
controls, coral reef initiative activities, 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) $4,249,000 shall
be available for salaries and expenses of the Office of Insular Affairs:
Provided, That all financial transactions of the territorial and
local governments herein provided for, including such transactions of all
agencies or instrumentalities established or used 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 104-134: Provided further, That Public Law
94-241, as amended, is further amended (1) in section 4(b) by deleting `2002'
and inserting `1999' and by deleting the comma after the words `$11,000,000
annually' and inserting in lieu thereof the following: `and for fiscal year
2000, payments to the Commonwealth of the Northern Mariana Islands shall be
$5,580,000, but shall return to the level of $11,000,000 annually for fiscal
years 2001 and 2002. In fiscal year 2003, the payment to the Commonwealth of
the Northern Mariana Islands shall be $5,420,000. Such payments shall be'; and
(2) in section (4)(c) by adding a new subsection as follows: `(4) for fiscal
year 2000, $5,420,000 shall be provided to the Virgin Islands for correctional
facilities and other projects mandated by Federal law.': Provided
further, That of the amounts provided for technical assistance,
sufficient funding shall be made available for a grant to the Close Up
Foundation: Provided further, That the funds for the program of
operations and maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital infrastructure in
American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of Palau, the Republic of the Marshall Islands,
and the Federated States of Micronesia through assessments of long-range
operations maintenance needs, improved capability of local operations and
maintenance institutions and agencies (including management and vocational
education training), and project-specific maintenance (with territorial
participation and cost sharing to be determined by the Secretary based on the
individual territory's commitment to timely maintenance of its capital
assets): Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations Acts may
be used as non-Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the Federated States of
Micronesia and the Republic of the Marshall Islands as provided for in
sections 122, 221, 223, 232, and 233 of the Compact of Free Association, and
for economic assistance and necessary expenses for the Republic of Palau as
provided for in sections 122, 221, 223, 232, and 233 of the Compact of Free
Association, $20,545,000, to remain available until expended, as authorized by
Public Law 99-239 and Public Law 99-658.
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for management of the Department of the Interior,
$62,203,000, of which not to exceed $8,500 may be for official reception and
representation expenses and up to $1,000,000 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, $36,784,000.
Office of Inspector General
SALARIES AND EXPENSES
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, $26,614,000.
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, $73,836,000, to
remain available until expended: Provided, That funds for trust
management improvements may be transferred to the Bureau of Indian Affairs and
Departmental Management: Provided further, That funds made available
to Tribes and Tribal organizations through contracts or grants obligated
during fiscal year 2000, 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: Provided further, That notwithstanding any
other provision of law, the Secretary shall not be required to provide a
quarterly statement of performance for any Indian trust account that has not
had activity for at least eighteen months and has a balance of $1.00 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall permit the
balance in each such account to be withdrawn upon the express written request
of the account holder.
INDIAN LAND CONSOLIDATION PILOT
For implementation of a pilot program for consolidation of fractional
interests in Indian lands by direct expenditure or cooperative agreement,
$5,000,000 to remain available until expended, of which not to exceed $500,000
shall be available for administrative expenses: Provided, That the
Secretary may enter into a cooperative agreement, which shall not be subject
to Public Law 93-638, as amended, with a tribe having jurisdiction over the
pilot reservation to implement the program to acquire fractional interests on
behalf of such tribe: Provided further, That the Secretary may
develop a reservation-wide system for establishing the fair market value of
various types of lands and improvements to govern the amounts offered for
acquisition of fractional interests: Provided further, That
acquisitions shall be limited to one or more pilot reservations as determined
by the Secretary: Provided further, That funds shall be available for
acquisition of fractional interests in trust or restricted lands with the
consent of its owners and at fair market value, and the Secretary shall hold
in trust for such tribe all interests acquired pursuant to this pilot program:
Provided further, That all proceeds from any lease, resource sale
contract, right-of-way or other transaction derived from the fractional
interest shall be credited to this appropriation, and remain available until
expended, until the purchase price paid by the Secretary under this
appropriation has been recovered from such proceeds: Provided
further, That once the purchase price has been recovered, all subsequent
proceeds shall be managed by the Secretary for the benefit of the applicable
tribe or paid directly to the tribe.
Natural Resource Damage Assessment and Restoration
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; $4,621,000, to remain available until expended.
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)(A) 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 oil
spills; for response and natural resource damage assessment activities related
to actual oil spills; for the prevention, suppression, and control of actual
or potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of
Public Law 99-198 (99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory authority in the
event a primacy State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in this title
for fire suppression purposes shall be available for the payment of
obligations incurred during the preceding fiscal year, and for reimbursement
to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such
reimbursement to be credited to appropriations currently available at the time
of receipt thereof: Provided further, That for emergency
rehabilitation and wildfire suppression activities, no funds shall be made
available under this authority until funds appropriated to `Wildland Fire
Management' shall have been exhausted: Provided further, That all
funds used pursuant to this section are hereby designated by Congress to be
`emergency requirements' pursuant to section 251(b)(2)(A) 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. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and related
activities placed under restriction in the President's moratorium statement of
June 26, 1990, in the areas of northern, central, and southern California; the
North Atlantic; Washington and Oregon; and the eastern Gulf of Mexico south of
26 degrees north latitude and east of 86 degrees west longitude.
SEC. 108. 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. 109. 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. 110. 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. 111. 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. 112. (a) Employees of Helium Operations, Bureau of Land Management,
entitled to severance pay under 5 U.S.C. 5595, may apply for, and the
Secretary of the Interior may pay, the total amount of the severance pay to
the employee in a lump sum. Employees paid severance pay in a lump sum and
subsequently reemployed by the Federal Government shall be subject to the
repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except that any repayment
shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue health benefits
after separation shall be liable for not more than the required employee
contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund shall pay for 18
months the remaining portion of required contributions.
(c) The Secretary of the Interior may provide for training to assist
Helium Operations employees in the transition to other Federal or private
sector jobs during the facility shut-down and disposition process and for up
to 12 months following separation from Federal employment, including
retraining and relocation incentives on the same terms and conditions as
authorized for employees of the Department of Defense in section 348 of the
National Defense Authorization Act for Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions of 5 U.S.C.
6304(d)(1)(B), the cessation of helium production and sales, and other related
Helium Program activities shall be deemed to create an exigency of public
business under, and annual leave that is lost during leave years 1997 through
2001 because of 5 U.S.C. 6304 (regardless of whether such leave was scheduled
in advance) shall be restored to the employee and shall be credited and
available in accordance with 5 U.S.C. 6304(d)(2). Annual leave so restored and
remaining unused upon the transfer of a Helium Program employee to a position
of the executive branch outside of the Helium Program shall be liquidated by
payment to the employee of a lump sum from the Helium Fund for such leave.
(e) Benefits under this section shall be paid from the Helium Fund in
accordance with section 4(c)(4) of the Helium Privatization Act of 1996. Funds
may be made available to Helium Program employees who are or will be separated
before October 1, 2002 because of the cessation of helium production and sales
and other related activities. Retraining benefits, including retraining and
relocation incentives, may be paid for retraining commencing on or before
September 30, 2002.
(f) This section shall remain in effect through fiscal year 2002.
SEC. 113. Notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as amended, funds
available herein and hereafter under this title for Indian self-determination
or self-governance contract or grant support costs may be expended only for
costs directly attributable to contracts, grants and compacts pursuant to the
Indian Self-Determination Act and no funds appropriated in this title shall be
available for any contract support costs or indirect costs associated with any
contract, grant, cooperative agreement, self-governance compact or funding
agreement entered into between an Indian tribe or tribal organization and any
entity other than an agency of the Department of the Interior.
SEC. 114. Notwithstanding any other provisions of law, the National Park
Service shall not develop or implement a reduced entrance fee program to
accommodate non-local travel through a unit. The Secretary may provide for and
regulate local non-recreational passage through units of the National Park
System, allowing each unit to develop guidelines and permits for such activity
appropriate to that unit.
SEC. 115. Notwithstanding any other provision of law, in fiscal year 2000
and thereafter, the Secretary is authorized to permit persons, firms or
organizations engaged in commercial, cultural, educational, or recreational
activities (as defined in section 612a of title 40, United States Code) not
currently occupying such space to use courtyards, auditoriums, meeting rooms,
and other space of the main and south Interior building complex, Washington,
D.C., the maintenance, operation, and protection of which has been delegated
to the Secretary from the Administrator of General Services pursuant to the
Federal Property and Administrative Services Act of 1949, and to assess
reasonable charges therefore, subject to such procedures as the Secretary
deems appropriate for such uses. Charges may be for the space, utilities,
maintenance, repair, and other services. Charges for such space and services
may be at rates equivalent to the prevailing commercial rate for comparable
space and services devoted to a similar purpose in the vicinity of the main
and south Interior building complex, Washington, D.C. for which charges are
being assessed. The Secretary may without further appropriation hold,
administer, and use such proceeds within the Departmental Management Working
Capital Fund to offset the operation of the buildings under his jurisdiction,
whether delegated or otherwise, and for related purposes, until expended.
SEC. 116. (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
(3) The description of the lands of the Huron Cemetery is as follows:
The tract of land in the NW quarter 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. 117. Grazing permits and leases which expire or are transferred, in
this or any fiscal year, shall be renewed under the same terms and conditions
as contained in the expiring permit or lease until such time as the Secretary
of the Interior completes the process of renewing the permits or leases in
compliance with all applicable laws. Nothing in this language shall be deemed
to affect the Secretary's statutory authority or the rights of the permittee
or lessee.
SEC. 118. Refunds or rebates received on an on-going basis from a credit
card services provider under the Department of the Interior's charge card
programs may be deposited to and retained without fiscal year limitation in
the Departmental Working Capital Fund established under 43 U.S.C. 1467 and
used to fund management initiatives of general benefit to the Department of
the Interior's bureaus and offices as determined by the Secretary or his
designee.
SEC. 119. Appropriations made in this title under the headings Bureau of
Indian Affairs and Office of Special Trustee for American Indians and any
available unobligated balances from prior appropriations Acts made under the
same headings, shall be available for expenditure or transfer for Indian trust
management activities pursuant to the Trust Management Improvement Project
High Level Implementation Plan.
SEC. 120. All properties administered by the National Park Service at Fort
Baker, Golden Gate National Recreation Area, and leases, concessions, permits
and other agreements associated with those properties, shall be exempt from
all taxes and special assessments, except sales tax, by the State of
California and its political subdivisions, including the County of Marin and
the City of Sausalito. Such areas of Fort Baker shall remain under exclusive
federal jurisdiction.
SEC. 121. Notwithstanding any provision of law, the Secretary of the
Interior is authorized to negotiate and enter into agreements and leases,
without regard to section 321 of chapter 314 of the Act of June 30, 1932 (40
U.S.C. 303b), with any person, firm, association, organization, corporation,
or governmental entity for all or part of the property within Fort Baker
administered by the Secretary as part of Golden Gate National Recreation Area.
The proceeds of the agreements or leases shall be retained by the Secretary
and such proceeds shall be available, without future appropriation, for the
preservation, restoration, operation, maintenance and interpretation and
related expenses incurred with respect to Fort Baker properties.
SEC. 122. None of the funds provided in this or any other Act may be used
for pre-design, design or engineering for the removal of the Elwha or Glines
Canyon Dams, or for the actual removal of either dam, until such time as both
dams are acquired by the Federal government notwithstanding the proviso in
section 3(a) of Public Law 102-495, as amended.
SEC. 123. (a) SHORT TITLE- This section may be cited as the `Battle of
Midway National Memorial Study Act'.
(b) FINDINGS- The Congress makes the following findings:
(1) September 2, 1997, marked the 52nd anniversary of the United States
victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point in the war in
the Pacific, as United States Navy forces inflicted such severe losses on
the Imperial Japanese Navy during the battle that the Imperial Japanese Navy
never again took the offensive against the United States or the allied
forces.
(3) During the Battle of Midway on June 4, 1942, an outnumbered force of
the United States Navy, consisting of 29 ships and other units of the Armed
Forces under the command of Admiral Nimitz and Admiral Spruance,
out-maneuvered and out-fought 350 ships of the Imperial Japanese Navy.
(4) It is in the public interest to study whether Midway Atoll should be
established as a national memorial to the Battle of Midway to express the
enduring gratitude of the American people for victory in the battle and to
inspire future generations of Americans with the heroism and sacrifice of
the members of the Armed Forces who achieved that victory.
(5) The historic structures and facilities on Midway Atoll should be
protected and maintained.
(c) PURPOSE- The purpose of this Act is to require a study of the
feasibility and suitability of designating the Midway Atoll as a National
Memorial to the Battle of Midway within the boundaries of the Midway Atoll
National Wildlife Refuge. The study of the Midway Atoll and its environs shall
include, but not be limited to, identification of interpretative opportunities
for the educational and inspirational benefit of present and future
generations, and of the unique and significant circumstances involving the
defense of the island by the United States in World War II and the Battle of
Midway.
(d) Study of the Establishment of Midway Atoll as a National Memorial to
the Battle of Midway-
(1) IN GENERAL- Not later than six months after the date of enactment of
this Act, the Secretary of the Interior shall, acting through the Director
of the National Park Service and in consultation with the Director of the
United States Fish and Wildlife Service, the International Midway Memorial
Foundation, Inc. (hereafter referred to as the `Foundation'), and Midway
Phoenix Corporation, carry out a study of the suitability and feasibility of
establishing Midway Atoll as a national memorial to the Battle of
Midway.
(2) CONSIDERATIONS- In studying the establishment of Midway Atoll as a
national memorial to the Battle of Midway under paragraph (1), the Secretary
shall address the following:
(A) The appropriate federal agency to manage such a memorial, and
whether and under what conditions, to lease or otherwise allow the
Foundation or another appropriate entity to administer, maintain, and
fully utilize the lands (including any equipment, facilities,
infrastructure, and other improvements) and waters of Midway Atoll if
designated as a national memorial.
(B) Whether designation as a national memorial would conflict with
current management of Midway Atoll as a wildlife refuge and whether, and
under what circumstances, the needs and requirements of the wildlife
refuge should take precedence over the needs and requirements of a
national memorial on Midway Atoll.
(C) Whether, and under what conditions, to permit the use of the
facilities on Sand Island for purposes other than a wildlife refuge or a
national memorial.
(D) Whether to impose conditions on public access to Midway Atoll as a
national memorial.
(3) REPORT- Upon completion of the study required under paragraph (1),
the Secretary shall submit, to the Committee on Energy and Natural Resources
of the United States Senate and the Committee on Resources of the House of
Representatives, a report on the study, which shall include any
recommendations for further legislative action. The report shall also
include an inventory of all known past and present facilities and structures
of historical significance on Midway Atoll and its environs. The report
shall include a description of each historic facility and structure and a
discussion of how each will contribute to the designation and interpretation
of the proposed national memorial.
(e) CONTINUING DISCUSSIONS- Nothing in this Act shall be construed to
delay or prohibit discussions between the Foundation and the United States
Fish and Wildlife Service or any other government entity regarding the future
role of the Foundation on Midway Atoll.
SEC. 124. Where any Federal lands included within the boundary of Lake
Roosevelt National Recreation Area as designated by the Secretary of the
Interior on April 5, 1990 (Lake Roosevelt Cooperative Management Agreement)
were utilized as of March 31, 1997, for grazing purposes pursuant to a permit
issued by the National Park Service, the person or persons so utilizing such
lands shall be entitled to renew said permit under such terms and conditions
as the Secretary may prescribe, for the lifetime of the permittee or 20 years,
whichever is less.
SEC. 125. Notwithstanding any other provision of law, the Secretary of the
Interior is authorized to redistribute any Tribal Priority Allocation funds,
including tribal base funds, to alleviate tribal funding inequities by
transferring funds on the basis of identified, unmet needs. No tribe shall
receive a reduction in Tribal Priority Allocation funds of more than ten
percent in fiscal year 2000.
SEC. 126. None of the Funds provided in this Act shall be available to the
Bureau of Indian Affairs or the Department of the Interior to transfer land
into trust status for the Shoalwater Bay Indian Tribe in Clark County,
Washington, unless and until the tribe and the county reach a legally
enforceable agreement that addresses the financial impact of new development
on the county, school district, fire district, and other local governments and
the impact on zoning and development.
SEC. 127. None of the funds provided in this Act shall be available to the
Department of the Interior or agencies of the Department of the Interior to
implement Secretarial Order 3206, issued June 5, 1997.
SEC. 128. Of the funds appropriated in title V of the Fiscal Year 1998
Interior and Related Agencies Appropriation Act, Public Law 105-83, the
Secretary shall provide up to $2,000,000 in the form of a grant to the
Fairbanks North Star Borough for acquisition of undeveloped parcels along the
banks of the Chena River for the purpose of establishing an urban greenbelt
within the Borough. The Secretary shall further provide from the funds
appropriated in title V up to $1,000,000 in the form of a grant to the
Municipality of Anchorage for the acquisition of approximately 34 acres of
wetlands adjacent to a municipal park in Anchorage (the Jewel Lake
Wetlands).
SEC. 129. Funds sufficient to cover the cost of preparation of an
Environmental Impact Statement are hereby redirected from the funds
appropriated in the fiscal year 1999 Department of Interior Appropriations
Bill, Bureau of Indian Affairs, Safety of Dams Construction Account, Weber
Dam. These funds are directed to be used for completion of an environmental
impact statement to facilitate resolution of fish passage issues associated
with the reconstruction of the Weber Dam and Reservoir on the Walker River
Paiute Reservation in Nevada. The analysis shall include, but not be limited
to: (1) an evaluation of whether any reservoir, and if so what capacity
reservoir, is needed to assure that the water rights of the Walker River
Paiute Tribe can be adequately served with surface water; (2) an evaluation of
the feasibility and cost of constructing a new off stream reservoir as a
replacement for Weber Reservoir; (3) an evaluation of the feasibility and cost
of converting Weber Reservoir into an off stream reservoir; and (4) an
evaluation of the feasibility and cost of serving the water rights of the
Walker River Paiute Tribe with groundwater. The BIA is directed to work
through the Bureau of Reclamation, either via contract or memorandum of
understanding, to complete this environmental impact statement within 18
months of enactment of this act. No contract for construction or
reconstruction of the Weber Dam shall be awarded until such Environmental
Impact Statement is completed. In addition, $125,000 of the funds appropriated
in fiscal year 1999 to the Bureau of Indian Affairs, Safety of Dams
Construction Account, Weber Dam, shall be directed to assist the Walker River
Paiute Tribe in exploring the feasibility of establishing a Tribal-operated
Lahontan cutthroat trout hatchery on the Walker River, in recognition of the
negative impacts on the tribe associated with delay in reconstruction of Weber
Dam.
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, $187,444,000, 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, $190,793,000, to remain available until expended, as
authorized by law.
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, and for administrative expenses associated with the management
of funds provided under the headings `Forest and Rangeland Research', `State
and Private Forestry', `National Forest System', `Wildland Fire Management',
`Reconstruction and Construction', and `Land Acquisition', $1,239,051,000, 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)).
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 and water,
$560,980,000, to remain available until expended: Provided, That such
funds are available for repayment of advances from other appropriations
accounts previously transferred for such purposes: Provided further,
That notwithstanding any other provision of law, up to $4,000,000 of funds
appropriated under this appropriation may be used for Fire Science Research in
support of the Joint Fire Science Program: Provided further, That all
authorities for the use of funds, including the use of contracts, grants, and
cooperative agreements, available to execute the Forest Service and Rangeland
Research appropriation, are also available in the utilization of these funds
for Fire Science Research.
For an additional amount to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and wildfire suppression
activities of the Forest Service, $90,000,000, to remain available until
expended: Provided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That these funds shall be available only to the extent an
official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
RECONSTRUCTION AND MAINTENANCE
For necessary expenses of the Forest Service, not otherwise provided for,
$362,095,000, to remain available until expended for construction,
reconstruction, maintenance and acquisition of buildings and other facilities,
and for construction, reconstruction, repair and maintenance 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: Provided, That up to $15,000,000 of the funds
provided herein for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided further,
That no funds shall be expended to decommission any system road until
notice and an opportunity for public comment has been provided on each
decommissioning project: Provided further, That any unexpended
balances of amounts previously appropriated for Forest Service Reconstruction
and Construction as well as any unobligated balances remaining in the National
Forest System appropriation in the facility maintenance and trail maintenance
extended budget line items at the end of fiscal year 1999 may be transferred
to and made a part of this appropriation.
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, $37,170,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended: Provided, That
subject to valid existing rights, all Federally owned lands and interests in
lands within the New World Mining District comprising approximately 26,223
acres, more or less, which are described in a Federal Register notice dated
August 19, 1997 (62 F.R. 44136-44137), are hereby withdrawn from all forms of
entry, appropriation, and disposal under the public land laws, and from
location, entry and patent under the mining laws, and from disposition under
all mineral and geothermal leasing laws.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the Cache,
Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest,
Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National
Forests, California, as authorized by law, $1,069,000, to be derived from
forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds deposited by
State, county, or municipal governments, public school districts, or other
public school authorities pursuant to the Act of December 4, 1967, as amended
(16 U.S.C. 484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal year,
as fees for grazing domestic livestock on lands in National Forests in the
sixteen Western States, pursuant to section 401(b)(1) of Public Law 94-579, as
amended, to remain available until expended, of which not to exceed 6 percent
shall be available for administrative expenses associated with on-the-ground
range rehabilitation, protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain available
until expended, to be derived from the fund established pursuant to the above
Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year shall be
available for: (1) purchase of not to exceed 110 passenger motor vehicles of
which 15 will be used primarily for law enforcement purposes and of which 109
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 three for replacement only, and
acquisition of sufficient aircraft from excess sources to maintain the
operable fleet at 213 aircraft for use in Forest Service wildland fire
programs and other Forest Service programs; 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 abolish any region, to move or close any regional office for
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
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands or
waters under its jurisdiction, and fire preparedness due to severe burning
conditions.
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 House Report 105-163.
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 House Report
105-163.
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.
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.
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.
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 $400,000 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 non-Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds: Provided
further, That hereafter, the National Forest Foundation may hold Federal
funds made available but not immediately disbursed and may use any interest or
other investment income earned (before, on, or after the date of enactment of
this Act) on Federal funds to carry out the purposes of Public Law 101-593:
Provided further, That such investments may be made only in
interest-bearing obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,650,000 of the
funds available to the Forest Service shall be available for matching funds to
the National Fish and Wildlife Foundation, as authorized by 16 U.S.C.
3701-3709, and may be advanced in a lump sum as Federal financial assistance,
without regard to when expenses are incurred, for projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to match on at least
one-for-one basis funds advanced by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a non-Federal
recipient 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.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private agencies,
organizations, institutions, and individuals, to provide for the development,
administration, maintenance, or restoration of land, facilities, or Forest
Service programs, at the Grey Towers National Historic Landmark:
Provided, That, subject to such terms and conditions as the Secretary
of Agriculture may prescribe, any such public or private agency, organization,
institution, or individual may solicit, accept, and administer private gifts
of money and real or personal property for the benefit of, or in connection
with, the activities and services at the Grey Towers National Historic
Landmark: Provided further, That such gifts may be accepted
notwithstanding the fact that a donor conducts business with the Department of
Agriculture in any capacity.
Funds appropriated to the Forest Service shall be available, as determined
by the Secretary, for payments to Del Norte County, California, pursuant to
sections 13(e) and 14 of the Smith River National Recreation Area Act (Public
Law 101-612).
For purposes of the Southeast Alaska Economic Disaster Fund as set forth
in section 101(c) of Public Law 104-134, the direct grants provided in
subsection (c) shall be considered direct payments for purposes of all
applicable law except that these direct grants may not be used for lobbying
activities.
No employee of the Department of Agriculture may be detailed or assigned
from an agency or office funded by this Act to any other agency or office of
the Department for more than 30 days unless the individual's employing agency
or office is fully reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
The Forest Service shall fund overhead, national commitments, indirect
expenses, and any other category for use of funds which are expended at any
units, that are not directly related to the accomplishment of specific work
on-the-ground (referred to as `indirect expenditures'), from funds available
to the Forest Service, unless otherwise prohibited by law: Provided,
That the Forest Service shall implement and adhere to the definitions of
indirect expenditures established pursuant to Public Law 105-277 on a
nationwide basis without flexibility for modification by any organizational
level except the Washington Office, and when changed by the Washington Office,
such changes in definition shall be reported in budget requests submitted by
the Forest Service: Provided further, That the Forest Service shall
provide in all future budget justifications, planned indirect expenditures in
accordance with the definitions, summarized and displayed to the Regional,
Station, Area, and detached unit office level. The justification shall display
the estimated source and amount of indirect expenditures, by expanded budget
line item, of funds in the agency's annual budget justification. The display
shall include appropriated funds and the Knutson-Vandenberg, Brush Disposal,
Cooperative Work-Other, and Salvage Sale funds. Changes between estimated and
actual indirect expenditures shall be reported in subsequent budget
justifications: Provided further, That during fiscal year 2000 the
Secretary shall limit total annual indirect obligations from the Brush
Disposal, Cooperative Work-Other, Knutson-Vandenberg, Reforestation, Salvage
Sale, and Roads and Trails funds to 20 percent of the total obligations from
each fund.
Notwithstanding any other provision of law, any appropriations or funds
available to the Forest Service may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel and related
expenses incurred as a result of OGC assistance or participation requested by
the Forest Service at meetings, training sessions, management reviews, land
purchase negotiations and similar non-litigation related matters:
Provided, That no more than $500,000 is transferred: Provided
further, That future budget justifications for both the Forest Service
and the Department of Agriculture clearly display the sums previously
transferred and request future funding levels.
Any appropriations or funds available to the Forest Service may be used
for necessary expenses in the event of law enforcement emergencies as
necessary to protect natural resources and public or employee safety.
Of any funds available to Region 10 of the Forest Service, exclusive of
funds for timber sales management or road reconstruction/construction,
$7,000,000 shall be used in fiscal year 2000 to support implementation of the
recent amendments to the Pacific Salmon Treaty with Canada which require
fisheries enhancements on the Tongass National Forest.
DEPARTMENT OF ENERGY
clean coal technology
(DEFERRAL)
Of the funds made available under this heading for obligation in prior
years, $156,000,000 shall not be available until October 1, 2000:
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, $390,975,000, to remain available until expended,
of which $24,000,000 shall be derived by transfer from unobligated balances in
the Biomass Energy Development account: 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, 1999, 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 and
settlement payments shall be immediately transferred to the general fund of
the Treasury.
naval petroleum and oil shale reserves
The requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal year
2000: Provided, That, notwithstanding any other provision of law,
unobligated funds remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
energy conservation
For necessary expenses in carrying out energy conservation activities,
$682,817,000, to remain available until expended, of which $25,000,000 shall
be derived by transfer from unobligated balances in the Biomass Energy
Development account: Provided, That $166,000,000 shall be for use in
energy conservation programs as defined in section 3008(3) of Public Law
99-509 (15 U.S.C. 4507): Provided further, That notwithstanding
section 3003(d)(2) of Public Law 99-509, such sums shall be allocated
to the eligible programs as follows: $133,000,000 for weatherization
assistance grants and $33,000,000 for State energy conservation grants.
economic regulation
For necessary expenses in carrying out the activities of the Office of
Hearings and Appeals, $2,000,000, to remain available until expended.
strategic petroleum reserve
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.), $159,000,000, to remain available until expended: Provided,
That the Secretary of Energy hereafter may transfer to the SPR Petroleum
Account such funds as may be necessary to carry out drawdown and sale
operations of the Strategic Petroleum Reserve initiated under section 161 of
the Energy Policy and Conservation Act (42 U.S.C. 6241) from any funds
available to the Department of Energy under this Act or previous
appropriations Acts. All funds transferred pursuant to this authority must be
replenished as promptly as possible from oil sale receipts pursuant to the
drawdown and sale.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $70,500,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made to other
agencies of the Government for the performance of work for which the
appropriation is made.
None of the funds made available to the Department of Energy under this
Act shall be used to implement or finance authorized price support or loan
guarantee programs unless specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, private or foreign:
Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated under this Act may
be retained by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments to
cost-sharing entities as provided in appropriate cost-sharing contracts or
agreements: Provided further, That the remainder of revenues after
the making of such payments shall be covered into the Treasury as
miscellaneous receipts: Provided further, That any contract,
agreement, or provision thereof entered into by the Secretary pursuant to this
authority shall not be executed prior to the expiration of 30 calendar days
(not including any day in which either House of Congress is not in session
because of adjournment of more than three calendar days to a day certain) from
the receipt by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project, including the
facts and circumstances relied upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of Energy
to prepare, issue, or process procurement documents for programs or projects
for which appropriations have not been made.
In addition to other authorities set forth in this Act, the Secretary may
accept fees and contributions from public and private sources, to be deposited
in a contributed funds account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or private agencies or
concerns.
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, $2,135,561,000, 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 $384,442,000 for contract medical care shall
remain available for obligation until September 30, 2001: Provided
further, That of the funds provided, up to $17,000,000 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 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, 2001: 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,
notwithstanding any other provision of law, of the amounts provided herein,
not to exceed $203,781,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated with contracts,
grants, self-governance compacts or annual funding agreements between the
Indian Health Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to or during fiscal
year 2000.
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, $189,252,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian tribe or tribes
may be used to purchase land for sites to construct, improve, or enlarge
health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be available
for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per
diem rate equivalent to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; purchase
of medical equipment; purchase of reprints; purchase, renovation and erection
of modular buildings and renovation of existing facilities; payments for
telephone service in private residences in the field, when authorized under
regulations approved by the Secretary; and for uniforms or allowances
therefore as authorized by 5 U.S.C. 5901-5902; and for expenses of attendance
at meetings which are concerned with the functions or activities for which the
appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities:
Provided, That in accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other law or
regulation, funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered under Public
Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 93-638, as
amended: Provided further, That funds appropriated to the Indian
Health Service in this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That
notwithstanding any other provision of law, funds previously or herein made
available to a tribe or tribal organization through a contract, grant, or
agreement authorized by title I or title III of the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and
reobligated to a self-determination contract under title I, or a
self-governance agreement under title III of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: Provided further, That none of the funds made available
to the Indian Health Service in this Act shall be used to implement the final
rule published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to the eligibility for the
health care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been included in
an appropriations Act and enacted into law: Provided further, That
funds made available in this Act are to be apportioned to the Indian Health
Service as appropriated in this Act, and accounted for in the appropriation
structure set forth in this Act: Provided further, That with respect
to functions transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to provide goods and
services to those entities, on a reimbursable basis, including payment in
advance with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the Indian
Self-Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding, said amounts to remain
available until expended: Provided further, That reimbursements for
training, technical assistance, or services provided by the Indian Health
Service will contain total costs, including direct, administrative, and
overhead associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for
the Indian Health Service may not be altered without advance approval of the
House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian Relocation
as authorized by Public Law 93-531, $8,000,000, to remain available until
expended: Provided, That funds provided in this or any other
appropriations Act are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible and
not included in the preceding categories: Provided further, That none
of the funds contained in this or any other Act may be used by the Office of
Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is provided for
such household: Provided further, That no relocatee will be provided
with more than one new or replacement home: Provided further, That
the Office shall relocate any certified eligible relocatees who have selected
and received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska Native Culture
and Arts Development, as authorized by title XV of Public Law 99-498, as
amended (20 U.S.C. 56 part A), $4,250,000.
Smithsonian Institution
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as authorized by
law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National Collections;
presentation of public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications; conduct of
education, training, and museum assistance programs; maintenance, alteration,
operation, lease (for terms not to exceed 30 years), and protection of
buildings, facilities, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to 5 replacement passenger vehicles; purchase,
rental, repair, and cleaning of uniforms for employees; $364,562,000, of which
not to exceed $40,704,000 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, $4,400,000, to remain available until expended.
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of buildings owned or
occupied by the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623),
including not to exceed $10,000 for services as authorized by 5 U.S.C. 3109,
$35,000,000, 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, $19,000,000, to remain available
until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be used to initiate the
design for any proposed expansion of current space or new facility without
consultation with the House and Senate Appropriations Committees.
The Smithsonian Institution shall not use Federal funds in excess of the
amount specified in Public Law 101-185 for the construction of the National
Museum of the American Indian.
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, $61,438,000, 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, $6,311,000, to remain available until
expended: Provided, That contracts awarded for environmental systems,
protection systems, and exterior repair or renovation of buildings of the
National Gallery of Art may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and security of the
John F. Kennedy Center for the Performing Arts, $14,000,000.
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, $20,000,000, 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, $6,040,000.
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, $86,000,000 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 sections 5(c) and 5(g) of the Act, for program support, 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, $13,000,000, to remain
available until expended, to the National Endowment for the Arts:
Provided, That this appropriation shall be available for obligation
only in such amounts as may be equal to the total amounts of gifts, bequests,
and devises of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of section 10(a)(2),
subsections 11(a)(2)(A) and 11(a)(3)(A) during the current and preceding
fiscal years for which equal amounts have not previously been appropriated.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation on the Arts
and the Humanities Act of 1965, as amended, $97,550,000, 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, $14,150,000, to remain
available until expended, of which $10,150,000 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, as amended, $23,905,000, 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: Provided
further, That funds from nonappropriated sources may be used as necessary
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), $1,078,000: Provided, That beginning in fiscal
year 2000 and thereafter, the Commission is authorized to charge fees to cover
the full costs of its publications, and such fees shall be credited to this
account as an offsetting collection, to remain available until expended
without further appropriation.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic Preservation
(Public Law 89-665, as amended), $2,906,000: 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,
$6,312,000: Provided, That all appointed members will be compensated
at a rate not to exceed the rate for level IV of the Executive Schedule.
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, $33,286,000, 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.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks and
Public Lands Management Act of 1996, $24,400,000 shall be available to the
Presidio Trust, to remain available until expended, of which up to $1,040,000
may be for the cost of guaranteed loans, as authorized by section 104(d) of
the Act: 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 $200,000,000. The Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Act, in an
amount not to exceed $20,000,000.
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.
(e) There are hereby and hereafter authorized to be appropriated such sums
as necessary to carry out the provisions of this section.
SEC. 327. No timber in Region 10 of the Forest Service shall be advertised
for sale 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 2000, 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
United States based on values in the Pacific Northwest as determined by the
Forest Service and stated in the timber sale contract. Should Region 10 sell,
in fiscal year 2000, less than the annual average portion of the decadal
allowable sale quantity called for in the current Tongass Land Management Plan
meeting the 60 percent of normal profit and risk standard at the time of sale
advertisement, the volume of western red cedar timber available to domestic
processors at rates specified in the timber sale contract in the contiguous 48
states shall be that volume: (i) which is surplus to the needs of domestic
processors in Alaska; and (ii) 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. The percentage shall be calculated by Region 10 on a rolling
basis as each sale is sold. (For purposes of this amendment, a `rolling basis'
shall mean that the determination of how much western red cedar is eligible
for sale to various markets shall be made at the time each sale is awarded.)
Western red cedar shall be deemed `surplus to the needs of domestic processors
in Alaska' when the timber sale holder has presented to the Forest Service
documentation of the inability to sell western red cedar logs from a given
sale to domestic Alaska processors at a price equal to or greater than the log
selling value stated in the contract. All additional western red cedar volume
not sold to Alaska or contiguous 48 United States domestic processors may be
exported to foreign markets at the election of the timber sale holder. All
Alaska yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
SEC. 328. No funds available to the Secretary of Agriculture or the
Secretary of the Interior in any fiscal year shall be used to introduce
grizzly bears into the State of Idaho or the State of Montana without the
express written approval of the governors of both states.
SEC. 329. For fiscal year 2000, the Secretary of Agriculture, with respect
to lands within the National Forest System, and the Secretary of the Interior,
with respect to lands under the jurisdiction of the Bureau of Land Management,
shall use the best available scientific and commercial data in amending or
revising resource management plans for, and offering sales, issuing leases, or
otherwise authorizing or undertaking management activities on, lands under
their respective jurisdictions: Provided, That the Secretaries may at
their discretion determine whether any additional information concerning
wildlife resources shall be collected prior to approving any such plan, sale,
lease or other activity, and, if so, the type of, and collection procedures
for, such information.
SEC. 330. The Secretary of Agriculture and the Secretary of the Interior
shall:
(a) prepare the report required of them by section 323(a) of the Fiscal
Year 1998 Interior and Related Agencies Appropriations Act (Public Law
105-83; 111 Stat. 1543, 1596-7);
(b) make the report available for public comment for a period of not
less than 120 days; and
(c) include the information contained in the report and a detailed
response or responses to any such public comment in any final environmental
impact statement associated with the Interior Columbia Basin Ecosystem
Project.
SEC. 331. Section 7 of the Service Contract Act (SCA), 41 U.S.C. section
356 is amended by adding the following paragraph:
`(8) any concession contract with Federal land management agencies, the
principal purpose of which is the provision of recreational services to the
general public, including lodging, campgrounds, food, stores, guiding,
recreational equipment, fuel, transportation, and skiing, provided that this
exemption shall not affect the applicability of the Davis-Bacon Act, 40
U.S.C. section 276a et seq., to construction contracts associated with these
concession contracts.'.
SEC. 332. TIMBER AND SPECIAL FOREST PRODUCTS. (a) DEFINITION OF SPECIAL
FOREST PRODUCT- For purposes of this section, the term `special forest
product' means any vegetation or other life forms, such as mushrooms and fungi
that grows on National Forest System lands, excluding trees, animals, insects,
or fish except as provided in regulations issued under this section by the
Secretary of Agriculture.
(b) FAIR MARKET VALUE FOR SPECIAL FOREST PRODUCTS- The Secretary of
Agriculture shall develop and implement a pilot program to charge and collect
not less than the fair market value for special forest products harvested on
National Forest System lands. The authority for this pilot program shall be
for fiscal years 2000 through 2004. The Secretary of Agriculture shall
establish appraisal methods and bidding procedures to ensure that the amounts
collected for special forest products are not less than fair market value.
(1) In general- The Secretary of Agriculture shall charge and collect
from persons who harvest special forest products all costs to the Department
of Agriculture associated with the granting, modifying, or monitoring the
authorization for harvest of the special forest products, including the
costs of any environmental or other analysis.
(2) SECURITY- The Secretary of Agriculture may require a person that is
assessed a fee under this subsection to provide security to ensure that the
Secretary of Agriculture receives fees authorized under this subsection from
such person.
(d) WAIVER- The Secretary of Agriculture may waive the application of
subsection (b) or subsection (c) pursuant to such regulations as the Secretary
of Agriculture may prescribe.
(e) COLLECTION AND USE OF FUNDS-
(1) Funds collected in accordance with subsection (b) and subsection (c)
shall be deposited into a special account in the Treasury of the United
States.
(2) Funds deposited into the special account in the Treasury in
accordance with this section in excess of the amounts collected for special
forest products during fiscal year 1999 shall be available for expenditure
by the Secretary of Agriculture on October 1, 2000 without further
appropriation, and shall remain available until expended to pay for--
(A) in the case of funds collected pursuant to subsection (b), the
costs of conducting inventories of special forest products, monitoring and
assessing the impacts of harvest levels and methods, and for restoration
activities, including any necessary vegetation; and
(B) in the case of fees collected pursuant to subsection (c), the
costs for which the fees were collected.
(3) Amounts collected in accordance with subsection (b) and subsection
(c) shall not be taken into account for the purposes of the sixth paragraph
under the heading of `Forest Service' of the Act of May 23, 1908 (16 U.S.C.
500); section 13 of the Act of March 1, 1911 (16 U.S.C. 500); the Act of
March 4, 1913 (16 U.S.C. 501); the Act of July 22, 1937 (7 U.S.C. 1012); the
Acts of August 8, 1937 and of May 24, 1939 (43 U.S.C. 1181 et. seq.); the
Act of June 14, 1926 (43 U.S.C. 869-4); chapter 69 of title 31 United States
Code; section 401 of the Act of June 15, 1935 (16 U.S.C. 715s); the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a); and any
other provision of law relating to revenue allocation.
SEC. 333. Title III, section 3001 of Public Law 106-31 is amended by
inserting after the word `Alabama,' the following phrase `in fiscal year 1999
or 2000'.
SEC. 334. The authority to enter into stewardship and end result contracts
provided to the Forest Service in accordance with Section 347 of Title III of
Section 101(e) of Division A of Public Law 105-825 is hereby expanded to
authorize the Forest Service to enter into an additional 9 contracts in Region
One.
SEC. 335. LOCAL EXEMPTIONS FROM FOREST SERVICE DEMONSTRATION PROGRAM FEES.
Section 6906 of Title 31, United States Code, is amended--
(1) by inserting `(a) IN GENERAL- ' before `Necessary'; and
(2) by adding at the end the following:
`(b) LOCAL EXEMPTIONS FROM DEMONSTRATION PROGRAM FEES-
`(1) IN GENERAL- Each unit of general local government that lies in
whole or in part within the White Mountain National Forest and persons
residing within the boundaries of that unit of general local government
shall be exempt during that fiscal year from any requirement to pay a
Demonstration Program Fee (parking permit or passport) imposed by the
Secretary of Agriculture for access to the Forest.
`(2) ADMINISTRATION- The Secretary of Agriculture shall establish a
method of identifying persons who are exempt from paying user fees under
paragraph (1). This method may include valid form of identification
including a drivers license.'.
SEC. 336. MILLSITES OPINION. PROHIBITION ON MILLSITE LIMITATIONS-
Notwithstanding the opinion dated November 7, 1997, by the Solicitor of the
Department of the Interior concerning millsites under the general mining law
(referred to in this section as the `opinion'), in accordance with the
millsite provisions of the Bureau of Land Management's Manual Sec. 3864.1.B
(dated 1991), the Bureau of Land Management Handbook for Mineral Examiners
H-3890-1, page III-8 (dated 1989), and section 2811.33 of the Forest Service
Manual (dated 1990), the Department of the Interior and the Department of
Agriculture shall not limit the number or acreage of millsites based on the
ratio between the number or acreage of millsites and the number or acreage of
associated lode or placer claims for any fiscal year.
SEC. 337. Notwithstanding section 343 of Public Law 105-83, increases in
recreation residence fees may be implemented in fiscal year 2000:
Provided, That such an increase would not result in a fee that
exceeds 125 percent of the fiscal year 1998 fee.
SEC. 338. No federal monies appropriated for the purchase of land by the
Forest Service in the Columbia River Gorge National Scenic Area (`CRGNSA') may
be used unless the Forest Service complies with the acquisition protocol set
out in this section:
(a) PURCHASE OPTION REQUIREMENT- Upon the Forest Service making a
determination that the agency intends to pursue purchase of land or an
interest in land located within the boundaries of the CRGNSA, the Forest
Service and the owner of the land or interest in land to be purchased shall
enter into a written purchase option agreement in which the landowner agrees
to retain ownership of the interest in land to be acquired for a period not
to exceed one year. In return, the Forest Service shall agree to abide by
the bargaining and arbitration process set out in this section.
(b) OPT OUT- After the Forest Service and landowner have entered into
the purchase option agreement, the landowner may at any time prior to
federal acquisition voluntarily opt out of the purchase option
agreement.
(c) SELECTION OF APPRAISERS- Once the landowner and Forest Service both
have executed the required purchase option, the landowner and Forest Service
each shall select an appraiser to appraise the land or interest in land
described in the purchase option. The landowner and Forest Service both
shall instruct their appraiser to estimate the fair market value of the land
or interest in land to be acquired. The landowner and Forest Service both
shall instruct their appraiser to comply with the Uniform Appraisal
Standards for Federal Land Acquisitions (Interagency Land Acquisition
Conference 1992) and Public Law 91-646 as amended. Both appraisers shall
possess qualifications consistent with state regulatory requirements that
meet the intent of Title XI, Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
(d) PERIOD TO COMPLETE APPRAISALS- The landowner and Forest Service each
shall be allowed a period of 180 days to provide to the other an appraisal
of the land or interest in land described in the purchase option. This
180-day period shall commence upon execution of a purchase option by the
landowner and the Forest Service.
(e) BARGAINING PERIOD- Once the landowner and Forest Service each have
provided to the other a completed appraisal, a 45-day period of good faith
bargaining and negotiation shall commence. If the landowner and Forest
Service cannot agree within this period on the proper purchase price to be
paid by the United States for the land or interest in land described in the
purchase option, the landowner may request arbitration under subsection (f)
of this section.
(f) ARBITRATION PROCESS- If a landowner and the Forest Service are
unable to reach a negotiated settlement on value within the 45-day period of
good faith bargaining and negotiation, during the 10 days following this
period of good faith bargaining and negotiation the landowner may request
arbitration. The process for arbitration shall commence with each party
submitting its appraisal and a copy of this legislation, and only its
appraisal and a copy of this legislation, to the arbitration panel within 10
days following the receipt by the Forest Service of the request for
arbitration. The arbitration panel shall render a written advisory decision
on value within 45 days of receipt of both appraisals. This advisory
decision shall be forwarded to the Secretary of Agriculture by the
arbitration panel with a recommendation to the Secretary that if the land or
interest in land at issue is to be purchased that the United States pay a
sum certain for the land or interest in land. This sum certain shall fall
within the value range established by the two appraisals. Costs of employing
the arbitration panel shall be divided equally between the Forest Service
and the landowner, unless the arbitration panel recommends either the
landowner or the Forest Service bear the entire cost of employing the
arbitration panel. The arbitration panel shall not make such a
recommendation unless the panel finds that one of the appraisals submitted
fails to conform to the Uniform Appraisal Standard for Federal Land
Acquisition (Interagency Land Acquisition Conference 1992). In no event,
shall the cost of employing the arbitration panel exceed $10,000.
(g) ARBITRATION PANEL- The arbitration panel shall consist of one
appraiser and two lawyers who have substantial experience working with the
purchase of land and interests in land by the United States. The Secretary
is directed to ask the Federal Center for Dispute Resolution at the American
Arbitration Association to develop lists of no less than ten appraisers and
twenty lawyers who possess substantial experience working with federal land
purchases to serve as third-party neutrals in the event arbitration is
requested by a landowner. Selection of the arbitration panel shall be made
by mutual agreement of the Forest Service and landowner. If mutual agreement
cannot be reached on one or more panel members, selection of the remaining
panel members shall be by blind draw once each party has been allowed the
opportunity to strike up to 25 percent of the third-party neutrals named on
either list. Of the funds available to the Forest Service, up to $15,000
shall be available to the Federal Center for Dispute Resolution to cover the
initial cost of establishing this program. Once established, costs of
administering the program shall be borne by the Forest Service, but shall
not exceed $5,000 a year.
(h) QUALIFICATIONS OF THIRD-PARTY NEUTRALS- Each appraiser selected by
the Federal Dispute Resolution Center, in addition to possessing substantial
experience working with federal land purchases, shall possess qualifications
consistent with state regulatory requirements that meet the intent of Title
XI, Financial Institutions Reform, Recovery & Enforcement Act of 1989.
Each lawyer selected by the Federal Dispute Resolution Center, in addition
to possessing substantial experience working with federal land purchases,
shall be an active member in good standing of the bar of one of the 50
states or the District of Columbia.
(i) DECISION REQUIRED BY THE SECRETARY OF AGRICULTURE- Upon receipt of a
recommendation by an arbitration panel appointed under subsection (g), the
Secretary of Agriculture shall notify the landowner and the CRGNSA of the
day the recommendation was received. The Secretary shall make a
determination to adopt or reject the arbitration panel's advisory decision
and notify the landowner and the CRGNSA of this determination within 45 days
of receipt of the advisory decision.
(j) ADMISSABILITY- Neither the fact that arbitration pursuant to this
act has occurred nor the recommendation of the arbitration panel shall be
admissible in any court or administrative proceeding.
(k) EXPIRATION DATE- This act shall expire on October 1, 2002.
SEC. 339. A project undertaken by the Forest Service under the Recreation
Fee Demonstration Program as authorized by Section 315 of the Department of
the Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as
amended, shall not result in--
(1) displacement of the holder of an authorization to provide commercial
recreation services on Federal lands. Prior to initiating any project, the
Secretary shall consult with potentially affected holders to determine what
impacts the project may have on the holders. Any modifications to the
authorization shall be made within the terms and conditions of the
authorization and authorities of the impacted agency.
(2) the return of a commercial recreation service to the Secretary for
operation when such services have been provided in the past by a private
sector provider, except when--
(A) the private sector provider fails to bid on such
opportunities,
(B) the private sector provider terminates its relationship with the
agency, or,
(C) the agency revokes the permit for non-compliance with the terms
and conditions of the authorization.
In such cases, the agency may use the Recreation Fee Demonstration Program
to provide for operations until a subsequent operator can be found through the
offering of a new prospectus.
SEC. 340. HARDROCK MINERAL PROSPECTING, LEASING, AND DEVELOPMENT ON THE
MARK TWAIN NATIONAL FOREST. (a) PROHIBITION ON ISSUANCE OF PROSPECTING PERMITS
FOR EXPLORATORY DRILLING- Before June 1, 2001, the Secretary of the Interior
shall not issue a prospecting permit for hardrock mineral exploration on Mark
Twain National Forest land in the Current River/Jack's Fork River--Eleven
Point Watershed (not including Mark Twain National Forest land in Townships
31N and 32N, Range 2 and Range 3 West, on which mining activities are taking
place as of the date of enactment of this Act).
(b) PROHIBITION ON SEGREGATION AND WITHDRAWAL- Before June 1, 2001, none
of the funds made available to the Department of the Interior by this Act may
be used to segregate or withdraw land in the Mark Twain National Forest,
Missouri, under section 204 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1714), from--
(1) the operation of the public land laws;
(2) entry, appropriation, or disposal under the public land laws;
(3) location, entry, prospecting, or leasing under the mining
laws;
(4) disposition under laws pertaining to mineral and geothermal leasing
or mineral materials; or
(5) mining as a congressionally recognized multiple use.
(1) ENVIRONMENTAL ANALYSIS OF EXPLORATORY DRILLING- The heads of the
National Forest Service, Bureau of Land Management, United States Geological
Service, and National Park Service, in conjunction with the University of
Missouri at Rolla, shall conduct a study of exploratory drilling operations
on Mark Twain National Forest land in the Current River/Jack's Fork
River--Eleven Point Watershed.
(2) CESSATION OF LEAD MINING-
(A) IN GENERAL- The Comptroller General of the United States shall
conduct a study of--
(i) the direct and indirect effects on the public and private
sectors;
(ii) the impact on the strategic availability of lead in the United
States; and
(iii) the impact on the economy of the United States, the State of
Missouri, and surrounding States;
as a result of the cessation of lead mining in the Mark Twain National
Forest and the State of Missouri, and surrounding States.
(B) CONSULTATION- The study under subparagraph (A) shall be prepared
in consultation with the Department of Commerce, the Department of
Defense, the National Park Service, the Bureau of Land Management, the
Forest Service, the United States Geological Survey, the State of
Missouri, any existing or potential lessee for the affected lands, and
interested members of the public.
(3) SUBMISSION TO CONGRESS- Not later than March 1, 2001, the agency
heads and the Comptroller General shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Resources of the
House of Representatives reports on the studies under paragraphs (1) and
(2).
SEC. 341. No funds shall be used to study, develop, or implement
procedures or policies to establish energy efficiency, energy use or energy
acquisition rules or guidelines other than those based upon the provisions of
the Energy Conservation Policy Act (ECPA) of 1975.
SEC. 342. VALUATION OF CRUDE OIL FOR ROYALTY PURPOSES. Section 130 of the
Department of the Interior and Related Agencies Appropriations Act, 1999 (112
Stat. 2681-263), is amended by striking `June 1, 1999' and inserting `June 30,
2001'.
This Act may be cited as the `Department of the Interior and Related
Agencies Appropriations Act, 2000'.
Calendar No. 183
106th CONGRESS
1st Session
S. 1292
[Report No. 106-99]
A BILL
Making appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2000, and for other purposes.
June 28, 1999
Read twice and placed on the calendar
END