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The House managers have not agreed to language proposed by the Senate (section 2328) banning implementation of regulations restricting fishing in Glacier Bay National Park pending the resolution of the State of Alaska's anticipated lawsuit concerning ownership and jurisdiction relating to Glacier Bay waters, so that provision has been deleted.
[Page: H3198] GPO's PDF
Section 3006.--The managers have included a provisions restricting the implementation of the Department of the Interior Solicitor's opinion of November 7, 1997 concerning millsites under the general mining law with respect to the Crown Jewel project and to patent applications and plans of operation submitted prior to the date of enactment of this Act.
The managers are very concerned about the effect of the Solicitor's opinion dealing with the implementation of the Mining Law of 1872 in that it limits the number of millsites to one five-acre millsite per patent. Executive Departments typically implement laws through regulation. The regulatory process allows all affected parties to express their views through an open, public comment process. in the case of a solicitor's opinion, there is no public comment or appeal process before implementation.
This opinion is particularly troubling because both the Bureau of Land Management and the Forest Service have been approving patents with more than one five-acre millsite per patent based on procedures outlined in their operations manuals. To ascertain the impact of this opinion, the managers direct the Department of the interior and the Forest Service to provide a report to the House and Senate Committees on Appropriations no later than August 31, 1999. The report should detail by State all past, present and pending mining operations, including all grandfathered mineral patent applications and plans of operation, that could be impacted by the Solicitor's opinion of November 7, 1997.
The managers considered but did not adopt a provision that would have prohibited the listing of the Alabama sturgeon under the Endangered Species Act and the designation of critical habitat for the balance of fiscal year 1999. The Director of the United States Fish and Wildlife Service has assured the managers that neither she nor the Secretary of the Interior will accelerate the decision process for this candidate species. The managers understand, based on a letter from the Director, that there are several other species ahead of the Alabama sturgeon in the processing queue for listing consideration and that a decision with the respect to the Alabama sturgeon will not be made prior to March 2000. The mangers expect the Secretary and the Service to live up to those commitments and to work carefully with the State on conservation planning efforts for the Alabama sturgeon.
CHAPTER 5
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
The conference agreement includes $1,000,000 to reduce the backlog of pending nursing home appeals before the Departmental Appeals Board. The Senate bill included $1,400,000 for this purpose. The House did not include funding for this activity in its bill and the President did not request funding.
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
The conference agreement includes $56,377,000 for Concentration grants under the Title I program as a fiscal year 2000 advance appropriation to become available on October 1, 1999 for academic year 1999-2000.
The conferences understand that the Department of Education has interpreted a ``hold harmless'' provision included in the fiscal year 1999 appropriations bill to apply only to school districts that first quality for Concentration grants on the basis of the percentage or number of poor children within the school district. Only after a school district meets the eligibility criteria would the Department apply the hold harmless and award the Concentration grant. Under the Department's interpretation, over 1500 school districts would lost their Title I Concentration grant in academic year 1999-2000.
The conference agreement includes language that clarifies the fiscal year 1999 appropriations law to direct the Department of Education to hold harmless all school districts that received Title I Concentration grants in fiscal year 1998. The conference agreement further clarifies that the allocations made through applying this hold harmless will not be taken into account in determining allocations under other education programs that use the Title I formula as a basis for funding distribution. Neither the House nor the Senate bills contained these provisions.
Higher Education
(TRANSFER OF FUNDS)
The conference agreement transfers $1,500,000 from the Education Research, Statistics, and Improvement account to the Higher Education account to be used to provide funding for the University of the District of Columbia. UDC has recently qualified for funding under the Historically Black Colleges and Universities program and this funding level is the amount they are due under the HBCU funding formula.
RELATED AGENCY
Corporation for Public Broadcasting
The conference agreement includes a total of $48,000,000 in fiscal years 1999 and 2000, the same as the President's request, to enable National Public Radio, through the Corporation for Public Broadcasting, to proceed with contract negotiations for replacement satellite services. The agreement provides $30,700,000 in fiscal year 1999 and $17,300,000 in 2000.
The House bill provided $48,000,000 for the replacement satellite, with $30,600,000 made available in fiscal year 1999 and the remainder in fiscal year 2000. The Senate provided $18,000,000 in fiscal year 1999 and report language stating that the balance of resources would be provided during the regular fiscal year 2000 appropriations process.
GENERAL PROVISION, THIS CHAPTER
WHITE RIVER SCHOOL DISTRICT, SOUTH DAKOTA
The conference agreement includes bill language directing the Secretary of Education to provide, from unobligated balances in the Impact Aid program, not more than $239,000 to the White River School District #47-1, White River, South Dakota to repair damage caused by water infiltration at the White River High School. This provision is the same as in the Senate bill.
The House bill contains no similar provision and the President did not request funding for this activity.
CHAPTER 6
LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
HOUSE OF REPRESENTATIVES
Salaries and Expenses
SALARIES, OFFICERS AND EMPLOYEES
(RESCISSION)
The conferees have included a rescission of funds of $3,521,000 and an appropriation of an identical amount to remain available until expended. This action will provide resources for replacing a House payroll system that cannot be completed in FY 1999.
ARCHITECT OF THE CAPITOL
Capitol Building and Grounds
House Office Building
HOUSE PAGE DORMITORY
The conferees have included $3,760,000 for the House Page Dormitory as contained in the House bill, amended to omit designation of a special location. If locations other than 501 1st St., S.E., are taken under serious consideration, the Architect of the Capitol is directed to inform the Committee on Appropriations concerning cost and related considerations. It is expected that, in addition to the House Office Building Commission and the Page Board, the Architect of the Capitol will consult with the Committee on Appropriations, the Committee on Transportation and Infrastructure, and the Committee on House Administration on matters within their jurisdiction regarding the Page Dormitory project.
O'NEILL HOUSE OFFICE BUILDING
The conferees have provided $1,800,000 for life safety renovations at the O'Neill House Office Building as contained in the House bill.
ADMINISTRATIVE PROVISIONS
The conferees have included two administrative provisions as contained in the House bill. The conferees have added a provision regarding certain lump sum House leadership allowances.
In addition, the conferees have established a pilot program in 1999 under the leadership of the Librarian of Congress to bring up to 3,000 emerging Russian political leaders to the United States for no more than 30 days each. The Senate is transferring $10 million of its own funds to finance the program during fiscal year 1999. The purpose of the program is to give Russian leaders from all levels of government first hand exposure to the American free market economic system and operation of American democratic institutions. Various local governments and organizations throughout the United States would be hosts to the Russians.
The Librarian is given the authority to administer the program in the first year to expedite the establishment of the program. The President would designate an executive branch agency to administer the program in subsequent years.
CHAPTER 7
DEPARTMENT OF DEFENSE
Military Construction
The conferees have provided a total of $31,400,000 for storm related damage to facilities and family housing improvements. Offsets to cover the cost of these are included in Title IV of this Act. The projects are as follows:
Army National Guard: Tennessee, Jackson: Limited Army Aviation Support Facility
$6,400
Family Housing, Army: Puerto Rico, Ft. Buchanan: Improve 215 units
25,000
CHAPTER 8
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
National Transportation Safety Board
SALARIES AND EXPENSES
The conference agreement provides $2,300,000 for the National Transportation Safety Board for expenses resulting from the crash of TWA Flight 800. These funds will cover rental costs associated with the housing of the wreckage in Calverton, New York. The conferees do not plan to continue funding rental expenses at the Calverton facility in future fiscal years. The House and the Senate proposed no similar provision.
CHAPTER 9
DEPARMTNET OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
SALARIES AND EXPENSES
The conferees agree to provide an appropriation of $4,500,000 for the Bureau of Alcohol, Tobacco and Firearms for the expansion
[Page: H3199] GPO's PDF
U.S. Postal Service
PAYMENTS TO THE POSTAL SERVICE FUND
The conferees agree to provide an appropriation of $29,000,000 for reimbursements to the Postal Service as authorized by 39 U.S.C. 2401(d), as proposed by the House instead of no appropriation, as proposed by the Senate.
Executive Office of the President and Funds Appropriated to the President
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING PROGRAMS
The conferees agree to provide an additional $2,500,000 for the High Intensity Drug Trafficking Areas Program, instead of no appropriation, as proposed by the House and $1,250,000, as proposed by the Senate. The conferees direct that these funds be targeted as follows: $750,000 to the New Mexico HIDTA for Rio Arriba County, Santa Fe County, and San Juan County, New Mexico; $500,000 for national anti-methamphetamine efforts; $750,000 for the Arizona HIDTA to be provided to the U.S. Border Patrol for assistance in counterdrug efforts related to illegal immigration along the border in southern Cochise County, Arizona, subject to prior approval of the Committees on Appropriations; and $500,000 for the Washington-Baltimore HIDTA for support of the Cross-Border Initiative between Washington, DC and Prince George's County, Maryland. The conferees emphatically support linking funding to a program's performance, and therefore support evaluation efforts underway at ONDCP. Therefore, the conferees expect that the performance of the HIDTAs funded through this appropriation will be subject to the same performance standards and measures to be applied to the HIDTA program overall.
CHAPTER 10
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
HOUSING CERTIFICATE FUND
Deletes language proposed by the Senate delaying the availability of $350,000,000 for expiring or terminating section 8 contracts until October 1, 1999.
Community Planning and Development
COMMUNITY DEVELOPMENT BLOCK GRANTS
Inserts language reallocating $3,446,000 of unobligated, no-year funds in the CDBG account for which there is no identified use. HUD is directed to provide these funds for unfunded service coordinator programs that did not receive funding in the original Notice of Funding Availability (NOFA).
Federal Housing Administration
FHA--MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
Increases the commitment level for the Federal Housing Administration's Mutual Mortgage Insurance Fund from $110,000,000,000 to $140,000,000,000. The additional authority is needed because HUD projections indicate that the existing limitation could be exceeded before the end of the fiscal year
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
Increases the commitment authority for the Government National Mortgage Association from $150,000,000,000 to $200,000,000,000. The additional authority is needed because 78 percent of the existing authority has been committed, and HUD projects that the existing limitation could be exceeded before the end of the fiscal year.
Management and Administration
SALARIES AND EXPENSES
Deletes language proposed by the Senate rescinding $3,400,000 from HUD's salaries and expenses account and transferring it to the CDBG account for service coordinators and congregate services.
Office of Inspector General
Deletes bill language as proposed by the Senate. The conferees direct the Office of Inspector General (OIG) and the General Accounting Office (GAO) to conduct an audit of HUD to assess the extent that HUD has been in compliance with the Department of Housing and Urban Reform Act of 1989 during the last two years. The conferees direct the OIG and GAO to produce a report on this matter within six months of enactment and a final report within 12 months of enactment, and to transmit them to the House and Senate Committees on Appropriations.
INDEPENDENT AGENCY
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
Inserts new language requiring that during fiscal year 2000, gross obligations of the Central Liquidity Facility (CLF) for the principal amount of new direct loans to member credit unions shall not exceed the statutory limitation. The conferees take this action only to deal with the unlikely scenario that credit unions could experience excessive withdrawals as a result of the millennium date change and may need additional liquidity resources. Furthermore, the conferees intend that prudent and appropriate administrative remedies should be devised as quickly as possible by the National Credit Union Administration, working with the Federal Reserve and the Department of the Treasury, to guarantee that a strong safety net is in place to deal with any potentially unusual Y2K circumstances.
GENERAL PROVISIONS--THIS CHAPTER
Inserts language proposed by the House for targeted economic initiatives to Project Restore and the Los Angeles City Civic Center Trust. The conferees have agreed to include a technical correction to language included in Public Law 105-276 which clarifies that $250,000 is for the Los Angeles Civic Center Public Partnership to revitalize the Civic Center neighborhood, and that $100,000 is for the Southeast Rio Vista Family YMCA to develop a child care center in Huntington Park, California. The Senate did not include a similar provision.
Inserts new language clarifying that funds made available in Public Law 105-276 shall be made available to the Maryland Department of Housing and Community Development for work associated with building Caritas House and with expanding the St. Ann Adult Medical Day Care facility.
Inserts new language allowing retention of land disposition proceeds associated with an Urban Renewal Project in the Township of North Union, Pennsylvania.
Inserts language proposed by the Senate which clarifies that funds appropriated in Public Law 105-276 under the Environmental Protection Agency, State and Tribal Assistance Grants to meet sewer infrastructure needs associated with the 2002 Winter Olympics shall be provided to Wasatch County, Utah, for both water and sewer infrastructure needs.
Inserts language proposed by the Senate which transfers $1,300,000 of funds appropriated in Public Law 105-276 under the Environmental Protection Agency, Environmental Programs and Management for Project SEARCH, to State and Tribal Assistance Grants for Project SEARCH water and wastewater infrastructure needs in the State of Idaho through the Region IV Development Association in Twin Falls, Idaho.
Inserts new language which clarifies that funds appropriated in Public Law 105-276 under the Environmental Protection Agency, State and Tribal Assistance Grants to meet wastewater infrastructure needs for Grand Isle, Louisiana, may also be used for drinking water supply needs.
CHAPTER 11
GENERAL PROVISIONS, THIS TITLE
Senate Section 2304. The conference agreement includes language proposed by the Senate clarifying administrative costs in the honey program, with a technical correction to a citation. The House had no similar provision.
Senate Section 2309. The conference agreement does not include language to extend chapter 12 bankruptcy authorization as proposed by the Senate. The House had no similar provision. Similar language was enacted as part of Public Law 106-5.
Senate Section 2310. The conference agreement includes language proposed by the Senate that amends the Consolidated Farm and Rural Development Act by deleting the statutory reference to the capital replacement reserve requirement for guaranteed farm loans, and by reinstating a statutory reference for a ten percent cash flow margin for restructuring direct farm loans. The House had no similar provision.
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