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S.1292
Department of the Interior and Related Agencies Appropriations Act,
2000 (Placed on the Calendar in the Senate)
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.
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