[Pages H11541-H11561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONFERENCE REPORT ON H.R. 1977, DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES APPROPRIATIONS ACT, 1996

Mr. REGULA submitted the following conference report and statement on
the bill (H.R. 1977) making appropriations for the Department of the
Interior and related agencies for the fiscal year ending September 30,
1996, and for other purposes:

Conference Report (H. Rept. 104-300)

The committee of conference on the disagreeing votes of the
two Houses on the amendments of the Senate to the bill (H.R.
1977) ``making appropriations for the Department of the
Interior and related agencies, for the fiscal year ending
September 30, 1996, and for other purposes,'' having met,
after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 4, 21,
24, 26, 40, 54, 57, 67, 77,

[[Page H11542]]

83, 85, 94, 99, 100, 105, 107, 111, 117, 118, 123, 136, 138,
147, 148, 155, 163, 166, 169, 171, 172, and 173.
That the House recede from its disagreement to the
amendments of the Senate numbered 10, 11, 13, 15, 16, 17, 18,
19, 20, 28, 31, 32, 34, 36, 38, 45, 46, 48, 50, 51, 52, 56,
59, 61, 62, 66, 71, 72, 73, 74, 75, 76, 78, 80, 81, 82, 86,
87, 88, 93, 96, 97, 102, 103, 106, 109, 113, 121, 124, 126,
127, 128, 129, 130, 131, 133, 134, 137, 139, 140, 141, 142,
143, 144, 145, 149, 150, 157, 159, 160, 161, 162, and agree
to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following: , and assessment of mineral
potential of public lands pursuant to P.L. 96-487 (16 U.S.C.
3150 (a)), $568,062,000; and the Senate agree to the same.
Amendment numbered 2:
That the House recede from its disagreement to the
amendment of the Senate numbered 2, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows: After the first comma in said amendment insert: of
which $2,000,000 shall be available for assessment of the
mineral potential of public lands in Alaska pursuant to
section 1010 of P.L. 96-487 (16 U.S.C. 3150), and; and the
Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$568,062,000; and the Senate agree to the same.
Amendment numbered 5:
That the House recede from its disagreement to the
amendment of the Senate numbered 5, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$3,115,000; and the Senate agree to the same.
Amendment numbered 6:
That the House recede from its disagreement to the
amendment of the Senate numbered 6, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$101,500,000; and the Senate agree to the same.
Amendment numbered 7:
That the House recede from its disagreement to the
amendment of the Senate numbered 7, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$12,800,000; and the Senate agree to the same.
Amendment numbered 8:
That the House recede from its disagreement to the
amendment of the Senate numbered 8, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$93,379,000; and the Senate agree to the same.
Amendment numbered 9:
That the House recede from its disagreement to the
amendment of the Senate numbered 9, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following: $497,943,000, to remain
available for obligation until September 30, 1997,; and the
Senate agree to the same.
Amendment numbered 12:
That the House recede from its disagreement to the
amendment of the Senate numbered 12, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$37,655,000; and the Senate agree to the same.
Amendment numbered 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$36,900,000; and the Senate agree to the same.
Amendment numbered 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert: :
Provided further, That the Director of the Fish and Wildlife
Service may charge reasonable fees for expenses to the
Federal Government for providing training by the National
Education and Training Center: Provided further, That all
training fees collected shall be available to the Director,
until expended, without further appropriation, to be used for
the costs of training and education provided by the National
Education and Training Center; and the Senate agree to the
same.
Amendment numbered 23:
That the House recede from its disagreement to the
amendment of the Senate numbered 23, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows: Following ``Public Law 88-567,'' insert: if for any
reason the Secretary disapproves for use in 1996 or does not
finally approve for use in 1996 any pesticide or chemical
which was approved for use in 1995 or had been requested for
use in 1996 by the submission of a pesticide use proposal as
of September 19, 1995,
And the Senate agree to the same.
Amendment numbered 25:
That the House recede from its disagreement to the
amendment of the Senate numbered 25, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,083,151,000; and the Senate agree to the same.
Amendment numbered 27:
That the House recede from its disagreement to the
amendment of the Senate numbered 27, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$37,649,000; and the Senate agree to the same.
Amendment numbered 29:
That the House recede from its disagreement to the
amendment of the Senate numbered 29, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$36,212,000; and the Senate agree to the same.
Amendment numbered 30:
That the House recede from its disagreement to the
amendment of the Senate numbered 30, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$143,225,000; and the Senate agree to the same.
Amendment numbered 31:
That the House recede from its disagreement to the
amendment of the Senate numbered 31, and agree to the same
with an amendment, as follows:
In lieu of the sum stricken and inserted by said amendment
insert the following: $4,500,000 of the funds provided
herein; and the Senate agree to the same.
Amendment numbered 33:
That the House recede from its disagreement to the
amendment of the Senate numbered 33, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$49,100,000; and the Senate agree to the same.
Amendment numbered 35:
That the House recede from its disagreement to the
amendment of the Senate numbered 35, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert: :
Provided, That any funds made available for the purpose of
acquisition of the Elwha and Glines dams shall be used solely
for acquisition, and shall not be expended until the full
purchase amount has been appropriated by the Congress; and
the Senate agree to the same.
Amendment numbered 37:
That the House recede from its disagreement to the
amendment of the Senate numbered 37, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
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.
And the Senate agree to the same.
Amendment numbered 39:
That the House recede from its disagreement to the
amendment of the Senate numbered 39, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
The National Park Service shall, within existing funds,
conduct a Feasibility Study for a northern access route into
Denali National Park and Preserve in Alaska, to be completed
within one year of the enactment of this Act and submitted to
the House and Senate Committees on Appropriations and to the
Senate Committee on Energy and (Natural Resources and the
House Committee on Resources. The Feasibility Study shall
ensure that resource impacts from any plan to create such
access route are evaluated with accurate information and
according to a process that takes into consideration park
values, visitor needs, a full range of alternatives, the
viewpoints of all interested parties, including the tourism
industry and the State of Alaska, and potential needs for
compliance with the National Environmental Policy Act. The
Study shall also address the time required for development of
alternatives and identify all associated costs.
This Feasibility Study shall be conducted solely by the
National Park Service planning personnel permanently assigned
to National Park Service offices located in the State of
Alaska in consultation with the State of Alaska Department of
Transportation.
And the Senate agree to the same.
Amendment numbered 41:
That the House recede from its disagreement to the
amendment of the Senate numbered 41, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert the
following: 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; $73,503,000; and the Senate agree to the
same.
Amendment numbered 42:
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment amended to
read as follows:, and of which $137,000,000 for resource
research and the operations of Cooperative Research Units
shall remain available until September 30, 1997, and of which
$16,000,000 shall remain available until expended for
conducting inquires into the

[[Page H11543]]

economic conditions affecting mining and materials processing
industries; and the Senate agree to the same.
Amended numbered 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment amended to
read as follows:
: Provided further, That funds available herein for
resource research may be used for the purchase of not to
exceed 61 passenger motor vehicles, of which 55 are for
replacement only: Provided further, That none of the funds
available under this head for resource research shall be used
to conduct new surveys on private property, including new
aerial surveys for the designation of habitat under the
Endangered Species Act, except when it is made known to the
Federal official having authority to obligate or expend such
funds that the survey or research has been requested and
authorized in writing by the property owner or the owner's
authorized representative: Provided further, That none of the
funds provided herein for resource research may be used to
administer a volunteer program when it is made known the
Federal official having authority to obligate or it is made
known to the Federal official having authority to obligate or
expend such funds that the volunteers are not properly
trained or that information gathered by the volunteers is not
carefully verified: Provided further, That no later than
April 1, 1996, the Director of the United States Geological
Survey shall issue agency guidelines for resource research
that ensure that scientific and technical peer review is
utilized as fully as possible in selection of projects for
funding and ensure the validity and reliability of research
and data collection on Federal lands: Provided further, That
no funds available for resource research may be used for any
activity that was not authorized prior to the establishment
of the National Biological Survey: Provided further, That
once every five years the National Academy of Sciences shall
review and report on the resource research activities of the
Survey: Provided further, That if specific authorizing
legislation is enacted during or before the start of fiscal
year 1996, the resource research component of the Survey
should comply with the provisions of that legislation:
Provided further, That unobligated and unexpended balances in
the National Biological Survey, Research, inventories and
surveys account at the end of fiscal year 1995, shall be
merged with and made a part of the United States Geological
Survey, Surveys, investigations, and research account and
shall remain available for obligation until September 30,
1996: Provided further, That the authority granted to the
United States Bureau of Mines to conduct mineral surveys and
to determine mineral values by section 603 of Public Law 94-
579 is hereby transferred to, and vested in, the Director of
the United States Geological Survey; and the Senate agree to
the same.
Amendment numbered 44:
That the House recede from its disagreement to the
amendment of the Senate numbered 44, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$182,994,000; and the Senate agree to the same.
Amendment Numbered 47:
That the House recede from its disagreement to the
amendment of the Senate numbered 47, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following:
For expenses necessary for, and incidental to, the closure
of the United States Bureau of Mines, $64,000,000 to remain
available until expended, of which not to exceed $5,000,000
may be used for the completion and/or transfer of certain
ongoing projects within the United States Bureau of Mines,
such projects to be identified by the Secretary of the
Interior within 90 days of enactment of this Act: Provided,
That there hereby are transferred to, and vested in, the
Secretary of Energy: (1) the functions pertaining to the
promotion of health and safety in mines and the mineral
industry through research vested by law in the Secretary of
the Interior or the United States Bureau of Mines and
performed in fiscal year 1995 by the United States Bureau of
Mines at its Pittsburgh Research Center in Pennsylvania, and
at its Spokane Research Center in Washington; (2) the
functions pertaining to the conduct of inquiries,
technological investigations and research concerning the
extraction, processing, use and disposal of mineral
substances vested by law in the Secretary of the Interior or
the United States Bureau of Mines and performed in fiscal
year 1995 by the United States Bureau of Mines under the
minerals and materials science programs at its Pittsburgh
Research Center in Pennsylvania, and at its Albany Research
Center in Oregon; and (3) the functions pertaining to mineral
reclamation industries and the development of methods for the
disposal, control, prevention, and reclamation of mineral
waste products vested by law in the Secretary of the Interior
or the United States Bureau of Mines and performed in fiscal
year 1995 by the United States Bureau of Mines at its
Pittsburgh Research Center in Pennsylvania: Provided further,
That, if any of the same functions were performed in fiscal
year 1995 at locations other than those listed above, such
functions shall not be transferred to the Secretary of Energy
from those other locations: Provided further, That the
Director of the Office of Management and Budget, in
consultation with the Secretary of Energy and the Secretary
of the Interior, is authorized to make such determinations as
may be necessary with regard to the transfer of functions
which relate to or are used by the Department of the
Interior, or component thereof affected by this transfer of
functions, and to make such dispositions of personnel,
facilities, assets, liabilities, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used,
arising from, available to or to be made available in
connection with, the functions transferred herein as are
deemed necessary to accomplish the purposes of this transfer:
Provided further, That all reductions in personnel
complements resulting from the provisions of this Act shall,
as to the functions transferred to the Secretary of Energy,
be done by the Secretary of the Interior as though these
transfers had not taken place but had been required of the
Department of the Interior by all other provisions of this
Act before the transfers of function became effective:
Provided further, That the transfers of function to the
Secretary of Energy shall become effective on the date
specified by the Director of the Office of Management and
Budget, but in no event later than 90 days after enactment
into law of this Act: Provided further, That the reference to
``function'' includes, but is not limited to, any duty,
obligation, power, authority, responsibility, right,
privilege, and activity, or the plural thereof, as the case
may be; and the Senate agree to the same.
Amendment numbered 49:
That the House recede from its disagreement to the
amendment of the Senate numbered 49, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$173,887,000; and the Senate agree to the same.
Amendment numbered 53:
The the House recede from its disagreement to the amendment
of the Senate numbered 53, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following: $1,359,434,000; and the
Senage agree to the same.
Amendment numbered 55:
That the House recede from its disagreement to the
amendment of the Senate numbered 55, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following: $100,255,000 shall be for
welfare assistance grants and not to exceed $104,626,000; and
the Senate agree to the same.
Amendment numbered 58:
That the House recede from its disagreement to the
amendment of the Senate numbered 58, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$68,209,000; and the Senate agree to the same.
Amendment numbered 60:
That the House recede from its disagreement to the
amendment of the Senate numbered 60, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$71,854,000; and the Senate agree to the same.
Amendment numbered 63:
That the House recede from its disagreement to the
amendment of the Senate numbered 63, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows: Before ``: Provided further'' in said amendment,
insert: , to become effective on July 1, 1997; and the Senate
agree to the same.
Amendment numbered 64:
That the House recede from its disagreement to the
amendment of the Senate numbered 64, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$100,833,000; and the Senate agree to the same.
Amendment numbered 65:
That the House recede from its disagreement to the
amendment of the Senate numbered 65, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$80,645,000; and the Senate agree to the same.
Amendment numbered 68:
That the House recede from its disagreement to the
amendment of the Senate numbered 68, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows:
In lieu of the sum named in said amendment insert:
$500,000; and the Senate agree to the same.
Amendment numbered 69:
That the House recede from its disagreement to the
amendment of the Senate numbered 69, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
In lieu of the first sum named in said amendment insert:
$4,500,000.
In lieu of the second sum named in said amendment insert:
$35,914,000.
In lieu of the third sum named in said amendment insert:
$500,000; and the Senate agree to the same.
Amendment numbered 70:
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following: $65,188,000, of which (1)
$61,661,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster
assistance, insular management controls,

[[Page H11544]]

and brown tree snake control and research; and the Senate
agree to the same.
Amendment numbered 79:
That the House recede from its disagreement to the
amendment of the Senate numbered 79, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows:
In lieu of ``October 1, 1995'' named in said amendment
insert: March 1, 1996; and the Senate agree to the same.
Amendment numbered 84:
That the House recede from its disagreement to the
amendment of the Senate numbered 84, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 108. Prior to the transfer of Presidio properties to
the Presidio Trust, when authorized, the Secretary may not
obligate in any calendar month more than \1/12\ of the fiscal
year 1996 appropriation for operation of the Presidio:
Provided, That this section shall expire on December 31,
1995.
And the Senate agree to the same.
Amendment numbered 89:
That the House recede from its disagreement to the
amendment of the Senate numbered 89, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 118. Section 4(b) of Public Law 94-241 (90 Stat. 263)
as added by section 10 of Public Law 99-396 is amended by
deleting ``until Congress otherwise provides by law.'' and
inserting in lieu thereof: ``except that, for fiscal years
1996 through 2002, payments to the Commonwealth of the
Northern Mariana Islands pursuant to the multi-year funding
agreements contemplated under the Covenant shall be
$11,000,000 annually, subject to an equal local match and all
other requirements set forth in the Agreement of the Special
Representatives on Future Federal Financial Assistance of the
Northern Mariana Islands, executed on December 17, 1992
between the special representative of the President of the
United States and special representatives of the Governor of
the Northern Mariana Islands with any additional amounts
otherwise made available under this section in any fiscal
year and not required to meet the schedule of payments in
this subsection to be provided as set forth in subsection (c)
until Congress otherwise provides by law.
``(c) The additional amounts referred to in subsection (b)
shall be made available to the Secretary for obligation as
follows:
``(1) for fiscal years 1996 through 2001, $4,580,000
annually for capital infrastructure projects as Impact Aid
for Guam under section 104(c)(6) of Public Law 99-239;
``(2) for fiscal year 1996, $7,700,000 shall be provided
for capital infrastructure projects in American Samoa;
$4,420,000 for resettlement of Rongelap Atoll; and
``(3) for fiscal years 1997 and thereafter, all such
amounts shall be available solely for capital infrastructure
projects in Guam, the Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
Palau, the Federated States of Micronesia and the Republic of
the Marshall Islands: Provided, That, in fiscal year 1997,
$3,000,000 of such amounts shall be made available to the
College of the Northern Marianas and beginning in fiscal year
1997, and in each year thereafter, not to exceed $3,000,000
may be allocated, as provided in appropriations Acts, to the
Secretary of the Interior for use by Federal agencies or the
Commonwealth of the Northern Mariana Islands to address
immigration, labor, and law enforcement issues in the
Northern Mariana Islands. The specific projects to be funded
in American Samoa shall be set forth in a five-year plan for
infrastructure assistance developed by the Secretary of the
Interior in consultation with the American Samoa Government
and updated annually and submitted to the Congress concurrent
with the budget justifications for the Department of the
Interior. In developing budget recommendations for capital
infrastructure funding, the Secretary shall indicate the
highest priority projects, consider the extent to which
particular projects are part of an overall master plan,
whether such project has been reviewed by the Corps of
Engineers and any recommendations made as a result of such
review, the extent to which a set-aside for maintenance would
enhance the life of the project, the degree to which a local
cost-share requirement would be consistent with local
economic and fiscal capabilities, and may propose an
incremental set-aside, not to exceed $2,000,000 per year, to
remain available without fiscal year limitation, as an
emergency fund in the event of natural or other disasters to
supplement other assistance in the repair, replacement, or
hardening of essential facilities: Provided further, That the
cumulative amount set aside for such emergency fund may not
exceed $10,000,000 at any time.
``(d) Within the amounts allocated for infrastructure
pursuant to this section, and subject to the specific
allocations made in subsection (c), additional contributions
may be made, as set forth in appropriations Acts, to assist
in the resettlement of Rongelap Atoll: Provided, That the
total of all contributions from any Federal source after
enactment of this Act may not exceed $32,000,000 and shall be
contingent upon an agreement, satisfactory to the President,
that such contributions are a full and final settlement of
all obligations of the United States to assist in the
resettlement of Rongelop Atoll and that such funds will be
expended solely on resettlement activities and will be
properly audited and accounted for. In order to provide such
contributions in a timely manner, each Federal agency
providing assistance or services, or conducting activities,
in the Republic of the Marshall Islands, is authorized to
make funds available through the Secretary of the Interior,
to assist in the resettlement of Rongelap. Nothing in this
subsection shall be construed to limit the provision of ex
gratia assistance pursuant to section 105(c)(2) of the
Compact of Free Association Act of 1985 (Public Law 99-239,
99 Stat. 1770, 1792) including for individuals choosing not
to resettle at Rongelap, except that no such assistance for
such individuals may be provided until the Secretary notifies
the Congress that the full amount of all funds necessary for
resettlement at Rongelap has been provided.''.
And the Senate agree to the same.
Amendment numbered 90:
That the House recede from its disagreement to the
amendment of the Senate numbered 90, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$178,000,000; and the Senate agree to the same.
Amendment numbered 91:
That the House recede from its disagreement to the
amendment of the Senate numbered 91, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following: $136,794,000, to remain
available until expended, as authorized by law; and the
Senate agree to the same.
Amendment numbered 92:
That the House recede from its disagreement to the
amendment of the Senate numbered 92, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,256,253,000; and the Senate agree to the same.
Amendment numbered 95:
That the House recede from its disagreement to the
amendment of the Senate numbered 95, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$163,500,000; and the Senate agree to the same.
Amendment numbered 98:
That the House recede from its disagreement to the
amendment of the Senate numbered 98, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$41,200,000; and the Senate agree to the same.
Amendment numbered 101:
That the House recede from its disagreement to the
amendment of the Senate numbered 101, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows: Following ``Forest Service,'' in said amendment
insert: other than the relocation of the Regional Office for
Region 5 of the Forest Service from San Francisco to excess
military property at Mare Island, Vallejo, California; and
the Senate agree to the same.
Amendment numbered 104:
That the House recede from its disagreement to the
amendment of the Senate numbered 104, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the
relocation: Provided, That funds for the move must come from
funds otherwise available to Region 5: Provided further, That
any funds to be provided for such purposes shall only be
available upon approval of the House and Senate Committees on
Appropriations.
And the Senate agree to the same.
Amendment numbered 108:
That the House recede from its disagreement to the
amendment of the Senate numbered 108, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Notwithstanding any other provision of law, for the
duration of fiscal year 1996 none of the funds provided in
this or any other appropriations Act may be used in the
Tongass National Forest except to implement the Preferred
Alternative P in the Tongass Land and Resource Management
Plan and Final Environmental Impact Statement (dated October
1992) as selected in the Record of Decision Review Draft #3-
2/93 (hereinafter referred to as ``Alternative P'') which
shall be deemed sufficient to satisfy all requirements of
applicable law: Provided, That the Forest Service may amend
the plan during fiscal year 1996 only to the extent necessary
to accommodate commercial tourism if an agreement is signed
between the Forest Service and the Alaska Visitors'
Association: Provided further, That the Secretary shall
continue the current Tongass land management planning
process, and may replace or modify Alternative P with the
selected alternative of a revised Tongass Land Management
Plan (``TLMP'') which shall, to the maximum extent
practicable, contain at least the number of acres of
suitable, available timber lands and suitable scheduled
timber lands identified in Alternative P: Provided further,
That if the Forest Service fails to complete work on a
revised TLMP during fiscal year 1996, Alternative P shall
remain in effect until such time as a revised plan is
completed in accordance with this section and is in effect:
Provided further, That hereinafter, notwithstanding any other
provision of law, any timber sale or offering that was
prepared for acceptance, or was awarded to a purchaser after
December 31, 1988, which has been the subject of an
Environmental Impact Statement under the National
Environmental Policy Act (``NEPA'') and a review under
section 810 of the Alaska

[[Page H11545]]

National Interest Lands Conservation Act (``ANILCA''), and
was subsequently offered or awarded to a different timber
purchaser or offeree shall not be subject to additional
analysis under NEPA or ANILCA through any action of the
Federal Government or by order of any court of law if the
Forest Service determines in a Supplemental Evaluation that
no such analysis is necessary: Provided further, That section
502 of P.L. 104-19 shall be deemed permanent law.
And the Senate agree to the same.
Amendment numbered 110:
That the House recede from its disagreement to the
amendment of the Senate numbered 110, and agree to the same
with an amendment, as follows:
In lieu of the sum stricken and inserted by said amendment
insert: and for promoting health and safety in mines and the
mineral industry through research (30 U.S.C. 3, 861(b), and
951(a)), 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), and for the development of methods for the
disposal, control, prevention, and reclamation of waste
products in the mining, minerals, metal, and mineral
reclamation industries (30 U.S.C. 3 and 21a), $417,169,000;
and the Senate agree to the same.
Amendment numbered 112:
That the House recede from its disagreement to the
amendment of the Senate numbered 112, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$148,786,000; and the Senate agree to the same.
Amendment numbered 114:
That the House recede from its disagreement to the
amendment of the Senate numbered 114, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$553,293,000; and the Senate agree to the same.
Amendment numbered 115:
That the House recede from its disagreement to the
amendment of the Senate numbered 115, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$140,696,000; and the Senate agree to the same.
Amendment numbered 116:
That the House recede from its disagreement to the
amendment of the Senate numbered 116, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$114,196,000; and the Senate agree to the same.
Amendment numbered 119:
That the House recede from its disagreement to the
amendment of the Senate numbered 119, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$72,266,000; and the Senate agree to the same.
Amendment numbered 120:
That the House recede from its disagreement to the
amendment of the Senate numbered 120, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,722,842,000; and the Senate agree to the same.
Amendment numbered 122:
That the House recede from its disagreement to the
amendment of the Senate numbered 122, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$238,958,000; and the Senate agree to the same.
Amendment numbered 125:
That the House recede from its disagreement to the
amendment of the Senate numbered 125, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$308,188,000; and the Senate agree to the same.
Amendment numbered 132:
That the House recede from its disagreement to the
amendment of the Senate numbered 132, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$6,442,000; and the Senate agree to the same.
Amendment numbered 135:
That the House recede from its disagreement to the
amendment of the Senate numbered 135, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$5,840,000; and the Senate agree to the same.
Amendment numbered 146:
That the House recede from its disagreement to the
amendment of the Senate numbered 146, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:

public development

Funds made available under this heading in prior years
shall be available for operating and administrative expenses
and for the orderly closure of the Corporation, as well as
operating and administrative expenses for the functions
transferred to the General Services Administration.
And the Senate agree to the same.
Amendment numbered 151:
That the House recede from its disagreement to the
amendment of the Senate numbered 151, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of Subsection (g) insert the following:
(g) Section 3(b) of the Pennsylvania Avenue Development
Corporation Act of 1972 (40 U.S.C. 872(b)) is amended as
follows:
``(b) The Corporation shall be dissolved on or before April
1, 1996. Upon dissolution, assets, obligations, indebtedness,
and all unobligated and unexpended balances of the
Corporation shall be transferred in accordance with the
Department of the Interior and Related Agencies
Appropriations Act, 1996.''.
And the Senate agree to the same.
Amendment numbered 152:
That the House recede from its disagreement to the
amendment of the Senate numbered 152, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following:
Sec. 314. (a) Except as provided in subsection (b), no part
of any appropriation contained in this Act or any other Act
shall be obligated or expended for the operation or
implementation of the Interior Columbia Basin Ecosystem
Management Project (hereinafter ``Project'').
(b)(1) From the funds appropriated to the Forest Service
and Bureau of Land Management: a sum of $4,000,000 is made
available for the Executive Steering Committee of the Project
to publish, and submit to the Committees on Agriculture,
Nutrition, and Forestry, Appropriations, and Energy and
Natural Resources of the Senate and Committees on
Agriculture, Appropriations, and Resources of the House of
Representatives, by April 30, 1996, an assessment on the
National Forest System lands and lands administered by the
Bureau of Land Management (hereinafter ``Federal lands'')
within the area encompassed by the Project. The assessment
shall be accompanied by draft Environmental Impact Statements
that are not decisional and not subject to judicial review,
contain a range of alternatives, without the identification
of a preferred alternative or management recommendations, and
provide a methodology for conducting any cumulative effects
analysis required by section 102(2)(C) of the National
Environmental Policy Act (42 U.S.C. 4332(2)) in the
preparation of each amendment to a resource management plan
pursuant to subsection (c)(2). The Executive Steering
Committee shall release the required draft Environmental
Impact Statements for a ninety day public comment period. A
summary of the public comments received must accompany these
documents upon its submission to Congress.
(2) The assessment required by paragraph (1) shall contain
the scientific information collected and analysis undertaken
by the Project on landscape dynamics and forest and rangeland
health conditions and the implications of such dynamics and
conditions for forest and rangeland management, specifically
the management of forest and rangeland vegetation structure,
composition, density and related social and economic effects.
(3) The assessment and draft Environmental Impact
Statements required by paragraph (1) shall not: contain any
material other than that required in paragraphs (1) and (2);
be the subject of consultation or conferencing pursuant to
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536); or be accompanied by any record of decision or
documentation pursuant to section 102(2) of the National
Environmental Policy Act, except as specified in paragraph
(1).
(c)(1) From the funds appropriated to the Forest Service
and the Bureau of Land Management, each Forest Supervisor of
the Forest Service and District Manager of the Bureau of Land
Management with responsibility for a national forest or unit
of land administered by the Bureau of Land Management
(hereinafter ``forest'') within the area encompassed by the
Project shall--
(A) review the resource management plan (hereinafter
``plan'') for such forest, the scientific information and
analysis in the report prepared pursuant to subsection (b)
which are applicable to such plan, and any policy which is
applicable to such plan upon the date of enactment of this
section (whether or not such policy has been added to such
plan by amendment), including any which is, or is intended to
be, of limited duration, and which the Project addresses; and
(B) based on such review, develop a modification of such
policy, or an alternative policy which serves the basic
purpose of such policy, to meet the specific conditions of
such forest.
(2) For each plan reviewed pursuant to paragraph (1), the
Forest Supervisor or District Manager concerned shall prepare
and adopt an amendment which: contains the modified or
alternative policy developed pursuant to paragraph (1)(B); is
directed solely to and affects only such plan; and addresses
the specific conditions of the forest to which the plan
applies and the relationship of the modified or alternative
policy to such conditions. The Forest Supervisor or District
Manager concerned shall consult at a minimum, with the
Governor of the State, and the Commissioners of the county or
counties, and affected tribal governments in which the forest
to which the plan applies is situated during the review of
the plan required by paragraph (1) and the preparation of an
amendment to the plan reuired by this paragraph.
(3) To the maximum extent practicable, each amendment
prepared pursuant to paragraph (2) shall establish site-
specific standards in lieu of imposing general standards
applicable to multiple sites. Any amendment which would
result in any major change in land use allocations within the
plan or would reduce the likelihood of achievement of the
goals and objectives of the

[[Page H11546]]

plan (prior to any previous amendment incorporating in the
plan any policy referred to in paragraph (1)(A)) shall be
deemed a significant change, pursuant to section 6(f)(4) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(4)) or section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712),
requiring a significant plan amendment or equivalent.
(4) Each amendment prepared pursuant to paragraph (2) shall
comply with any applicable requirements of section 102(2) of
the National Environmental Policy Act, except that any
cumulative effects analysis conducted in accordance with the
methodology provided pursuant to subsection (b)(1) shall be
deemed to meet any requirement of such Act for such analysis
and the scoping conducted by the Project prior to the date of
enactment of this section shall substitute for any scoping
otherwise required by such Act for such amendment, unless at
the sole discretion of the Forest Supervisor or District
manager additional scoping is deemed necessary.
(5) The review of each plan required by paragraph (1) shall
be conducted, and the preparation and decision to approve an
amendment to each plan pursuant to paragraph (2) shall be
made, by the Forest Supervisor or District Manager, as the
case may be, solely on: the basis of the review conducted
pursuant to paragraph (1)(A), any consultation or
conferencing pursuant to section 7 of the Endangered Species
Act of 1973 required by paragraph (6), any documentation
required by section 102(2) of the National Environmental
Policy Act, and any applicable guidance or other policy
issued prior to the date of enactment of this Act.
(6)(A) Any policy adopted in an amendment prepared pursuant
to paragraph (2) which is a modification of or alternative to
a policy referred to in paragraph (1)(A) and upon which
consultation or conferencing has occurred pursuant to section
7 of the Endangered Species Act of 1973, shall not again be
subject to the consultation or conferencing provisions of
such section 7.
(B) If required by such section 7, and not subject to
subparagraph (A), the Forest Supervisor or District Manager
concerned shall consult or conference separately on each
amendment prepared pursuant to paragraph (2).
(C) No Further consultation, other than the consultation
specified in subparagraph (B), shall be undertaken on the
amendments prepared pursuant to paragraph (2), on any project
or activity which is consistent with an applicable amendment,
on any policy referred to in paragraph (1)(A), or on any
portion of any plan related to such policy or the species to
which such policy applies.
(7) Each amendment prepared pursuant to paragraph (2) shall
be adopted on or before July 31, 1996: Provided, That any
amendment deemed a significant plan amendment, or equivalent,
pursuant to paragraph (3) shall be adopted on or before
December 31, 1996.
(8) No policy referred to in paragraph (1)(A), or any
provision of a plan or other planning document incorporating
such policy, shall be effective in any forest subject to the
Project on or after December 31, 1996, or after an amendment
to the plan which applies to such forest is adopted pursuant
to the provisions of this subsection, whichever occurs first.
(9) On the signing of a record of decision or equivalent
document making an amendment for the Clearwater National
Forest pursuant to paragraph (2), the requirement for
revision referred to in the Stipulation of Dismissal dated
September 13, 1993, applicable to the Clearwater National
Forest is deemed to be satisfied, and the interim management
direction provision contained in the Stipulation of Dismissal
shall be of no further effect with respect to the Clearwater
National Forest.
(d) The documents prepared under the authority of this
section shall not be applied or used to regulate non-Federal
lands.
And the Senate agree to the same.
Amendment numbered 153:
That the House recede from its disagreement to the
amendment of the Senate numbered 153, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following:

SEC. 315. RECREATIONAL FEE DEMONSTRATION PROGRAM

(a) The Secretary of the Interior (acting through the
Bureau of Land Management, the National Park Service and the
United States Fish and Wildlife Service) and the Secretary of
Agriculture (acting through the Forest Service) shall each
implement a fee program to demonstrate the feasibility of
user-generated cost recovery for the operation and
maintenance of recreation areas or sites and habitat
enhancement projects on Federal lands.
(b) In carrying out the pilot program established pursuant
to this section, the appropriate Secretary shall select from
areas under the jurisdiction of each of the four agencies
referred to in subsection (a) no fewer than 10, but as many
as 50, areas, sites or projects for fee demonstration. For
each such demonstration, the Secretary, notwithstanding any
other provision of law--
(1) shall charge and collect fees for admission to the area
or for the use of outdoor recreation sites, facilities,
visitor centers, equipment, and services by individuals and
groups, or any combination thereof;
(2) shall establish fees under this section based upon a
variety of cost recovery and fair market valuation methods to
provide a broad basis for feasibility testing;
(3) may contract, including provisions for reasonable
commissions, with any public or private entity to provide
visitor services, including reservations and information, and
may accept services of volunteers to collect fees charged
pursuant to paragraph (1);
(4) may encourage private investment and partnerships to
enhance the delivery of quality customer services and
resource enhancement, and provide appropriate recognition to
such partners or investors; and
(5) may assess a fine of not more than $100 for any
violation of the authority to collect fees for admission to
the area or for the use of outdoor recreation sites,
facilities, visitor centers, equipment, and services.
(c)(1) Amounts collected at each fee demonstration area,
site or project shall be distributed as follows:
(A) Of the amount in excess of 104% of the amount collected
in fiscal year 1995, and thereafter annually adjusted upward
by 4%, eighty percent to a special account in the Treasury
for use without further appropriation, by the agency which
administers the site, to remain available for expenditures in
accordance with paragraph (2)(A).
(B) Of the amount in excess of 104% of the amount collected
in fiscal year 1995, and thereafter annually adjusted upward
by 4%, twenty percent to a special account in the Treasury
for use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(B).
(C) For agencies other than the Fish and Wildlife Service,
up to 15% of current year collections of each agency, but not
greater than fee collection costs for that fiscal year, to
remain available for expenditure without further
appropriation in accordance with paragraph (2)(C).
(D) For agencies other than the Fish and Wildlife Service,
the balance to the special account established pursuant to
sub-paragraph (A) of section 4(i)(1) of the Land and Water
Conservation Fund Act, as amended.
(E) For the Fish and Wildlife Service, the balance shall be
distributed in accordance with section 201(c) of the
Emergency Wetlands Resources Act.
(2)(A) Expenditures from site specific special funds shall
be for further activities of the area, site or project from
which funds are collected, and shall be accounted for
separately.
(B) Expenditures from agency specific special funds shall
be for use on an agency-wide basis and shall be accounted for
separately.
(C) Expenditures from the fee collection support fund shall
be used to cover fee collection costs in accordance with
section 4(i)(!0(B) of the Land and Water Conservation fund
Act, as amended: provided, that funds unexpended and
unobligated at the end of the fiscal year shall not be
deposited into the special account established pursuant to
section 4 (i) (1) (A) of said Act and shall remain available
for expenditure without further appropriation.
(3) in order to increase the quality of the visitor
experience at public recreational areas and enhance the
protection of resources, amounts available for expenditure
under this section may only be used for the area, site or
project concerned, for backlogged repair and maintenance
projects (including projects relating to health and safety)
and for interpretation, signage, habitat or facility
enhancement, resource preservation, annual operation
(including fee collection), maintenance, and law enforcement
relating to public use. The agencywide accounts may be used
for the same purposes set forth in the preceding sentence,
but for areas, sites or projects selected at the discretion
of the respective agency head.
(d)(1) Amounts collected under this section shall not be
taken into account for the purposes of the Act of May 23,
1908 and 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 Act of August 8, 1937 and the Act of May
24, 1939 (43 U.S.C. 1181f 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), and any other provision of law relating to
revenue allocation.
(2) Fees charged pursuant to this section shall be in lieu
of fees charged under any other provision of law.
(e) The Secretary of the Interior and the Secretary of
Agriculture shall carry out this section without promulgating
regulations.
(f) The authority to collect fees under this section shall
commence on October 1, 1995, and end on September 30, 1998.
Funds in accounts established shall remain available through
September 30, 2001.
and the Senate Agree to the same.
Amendment numbered 154:
That the House recede from its disagreement to the
amendment of the Senate numbered 154, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 316. Section 2001 (a)(2) of Public Law 104-19 is
amended as follows: Strike ``September 30, 1997'' and insert
in lieu thereof ``December 31, 1996''.
And the Senate agree to the same.
Amendment numbered 156:
That the House recede from its disagreement to the
amendment of the Senate numbered 156, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:

SEC. 319. GREAT BASIN NATIONAL PARK.

Section 3 of the Great Basin National Park Act of 1986 (16
U.S.C. 410mm-1) is amended--
(1) in the first sentence of subsection (e) by striking
``shall'' and inserting ``may''; and
(2) in subsection (f)--
(A) by striking ``At the request'' and inserting the
following:
``(1) Exchanges.--At the request'';
(B) by striking ``grazing permits'' and inserting ``grazing
permits and grazing leases''; and

[[Page H11547]]

(C) by adding after ``Federal lands.'' the following:
``(2) Acquisition by donation.--
(A) In general.--The Secretary may acquire by donation
valid existing permits and grazing leases authorizing grazing
on land in the park.
(B) Termination.--The Secretary shall terminate a grazing
permit or grazing lease acquired under subparagraph (A) so as
to end grazing previously authorized by the permit or
lease.''.
And the Senate agree to the same.
Amendment numbered 158:
That the House recede from its disagreement to the
amendment of the Senate numbered 158, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert the following:
Sec. 322. (a) 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 unless (1) legislation to carry out
reconciliation instructions pursuant to a concurrent
resolution on the budget for fiscal year 1996 is enacted into
law and such legislation contains, at a minimum, provisions
relating to the patenting of and payment of royalties on such
claims, or (2) an agreement is approved by the House and
Senate in an identical form on other legislation containing
provisions relating to the patenting of, payment or royalties
on, and reclamation of such claims.
(b) 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) Processing Schedule.--For those applications for
patents pursuant to subsection (b) which were filed with the
Secretary of the Interior prior to September 30, 1994, the
Secretary of the Interior shall--
(1) Within three months of the enactment of this Act, 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
United States Senate a plan which details how the Department
of the Interior will take final action on at least 90 percent
of such applications within three years of the enactment of
this Act and file reports annually thereafter with the same
committees detailing actions taken by the Department of the
Interior to carry out such plan; and
(2) Take such actions as may be necessary to carry out such
plan.
(d) Mineral Examinations.--In order to process patent
applications more expeditiously, the Secretary of the
Interior shall require an applicant that has submitted an
application subject to subsection (b) to fund the retention
by the Bureau of Land Management of a qualified third-party
contractor to conduct a mineral examination of the mining
claims or mill sites contained in the patent application. The
Bureau of Land Management shall have the sole responsibility
to choose and pay the third-party contractor.
And the Senate agree to the same.
Amendment numbered 164:
That the House recede from its disagreement to the
amendment of the Senate numbered 164, and agree to the same
with an amendment, as follows:
In lieu of the section number named in said amendment,
insert: 328; and the Senate agree to the same.
Amendment numbered 165:
That the House recede from its disagreement to the
amendment of the Senate numbered 165, and agree to the same
with an amendment, as follows:
In lieu of the section number named in said amendment,
insert: 329; and the Senate agree to the same.
Amendment numbered 167:
That the House recede from its disagreement to the
amendment of the Senate numbered 167, and agree to the same
with an amendment, as follows:
In lieu of the first section number named in said
amendment, insert: 330; and the Senate agree to the same.
Amendment numbered 168:
That the House recede from its disagreement to the
amendment of the Senate numbered 168, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 331. (a) Purposes of National Endowment for the
Arts.--Section 2 of the National Foundation on the Arts and
the Humanities Act of 1965, as amended (20 U.S.C. 951), sets
out findings and purposes for which the National Endowment
for the Arts was established, among which are--
(1) ``The arts and humanities belong to all the people of
the United States'';
(2) ``The arts and humanities reflect the high place
accorded by the American people . . . to the fostering of
mutual respect for the diverse beliefs and values of all
persons and groups'';
(3) ``Public funding of the arts and humanities is subject
to the conditions that traditionally govern the use of public
money [and] such funding should contribute to public support
and confidence in the use of taxpayer funds''; and
(4) ``Public funds provided by the Federal Government must
ultimately serve public purposes the Congress defines''.
(b) Additional Congressional Findings.--Congress further
finds and declares that the use of scarce funds, which have
been taken from all taxpayers of the United States, to
promote, disseminate, sponsor, or produce any material or
performance that--
(1) denigrates the religious objects or religious beliefs
of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way,
sexual or excretory activities or organs

is contrary to the express purposes of the National
Foundation on the Arts and the Humanities Act of 1965, as
amended.
(c) Prohibition on Funding That Is Not Consistent With the
Purposes of the Act.--Notwithstanding any other provision of
law, none of the scarce funds which have been taken from all
taxpayers of the United States and made available under this
Act to the National Endowment for the Arts may be used to
promote, disseminate, sponsor, or produce any material or
performance that--
(1) denigrates the religious objects or religious beliefs
of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way,
sexual or excretory activities or organs,

and this prohibition shall be strictly applied without regard
to the content or viewpoint of the material or performance.
(d) Section Not To Affect Other Works.--Nothing in this
section shall be construed to affect in any way the freedom
of any artist or performer to create any material or
performance using funds which have not been made available
under this Act to the National Endowment for the Arts.
And the Senate agree to the same.
Amendment numbered 170:
That the House recede from its disagreement to the
amendment of the Senate numbered 170, and agree to the same
with an amendment as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 332. For purposes related to the closure of the Bureau
of Mines, funds made available to the United States
Geological Survey, the United States Bureau of Mines, and the
Bureau of Land Management shall be available for transfer,
with the approval of the Secretary of the Interior, among the
following accounts: United States Geological Survey, Surveys,
investigations, and research: Bureau of Mines, Mines and
minerals; and Bureau of Land Management, Management of lands
and resources. The Secretary of Energy shall reimburse the
Secretary of the Interior, in an amount to be determined by
the Director of the Office of Management and budget, for the
expenses of the transferred functions between October 1, 1995
and the effective date of the transfers of function. Such
transfers shall be subject to the reprogramming guidelines of
the House and Senate Committees on Appropriations.
And the Senate agree to the same.
Ralph Regula,
Joseph M. McDade,
Jim Kolbe,
Joe Skeen,
Barbara F. Vucanovich,
Charles H. Taylor,
George R. Nethercutt, Jr.,
Jim Bunn,
Bob Livingston,
Managers on the Part of the House.

Slade Gorton,
Ted Stevens,
Thad Cochran,
Mark O. Hatfield,
Conrad Burns,
Robert F. Bennett,
Connie Mack,
Robert C. Byrd,
J. Bennett Johnston,
Patrick J. Leahy, (Except amendments 136, 138, 168, and 169)
Fritz Hollings,
Harry Reid,
Managers on the Part of the Senate.

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendments of the Senate to the bill (H.R. 1977), making
appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 1996, and
for other purposes, submit the following joint statement to
the House and the Senate in explanation of the effect of the
action agreed upon by the managers and recommended in the
accompanying conference report.
The conference agreement on H.R. 1977 incorporates some of
the provisions of both the House and the Senate versions of
the bill. Report language and allocations set forth in either
House Report 104-173 or Senate Report 104-125 which are not
changed by the conference are approved by the committee of
conference. The statement of the managers, while repeating
some report language for emphasis, does not negate the
language referenced above unless expressly provided herein.
The managers have included funding in each of the land
acquisition accounts that is not earmarked by individual
projects. The managers direct the Department of the Interior
and the Forest Service to develop a proposed distribution of
project funding for review and approval by the House and
Senate Committees on Appropriations. In developing the
proposed distributions, the agencies are encouraged to give
consideration to a broader array of projects than was
proposed in the fiscal year 1996 budget, including but

[[Page H11548]]

not limited to, projects for which capability statements have
been prepared.

TITLE I--DEPARTMENT OF THE INTERIOR

Bureau of Land Management

management of lands and resources

Amendment No. 1: Appropriates $568,062,000 for management
of lands and resources instead of $570,017,000 as proposed by
the House and $563,936,000 as proposed by the Senate. The
amendment also adds language to transfer responsibility for
mineral assessments in Alaska from the Bureau of Mines.
The net decrease below the House consists of decreases of
$1,500,000 for wild horse and burro management, $500,000 for
threatened and endangered species, $1,000,000 for recreation
wilderness management, $448,000 for recreation resources
management, $50,000 for coal management, $50,000 for other
mineral resources, $554,000 for land and realty management,
$4,000,000 for ALMRS, $500,000 for administrative support,
and $834,000 for bureau-wide fixed costs; and increases of
$4,981,000 for Alaska conveyance, $500,000 for information
systems operations and $2,000,000 for mineral assessments in
Alaska formerly funded under the Bureau of Mines.
Amendment No. 2: Restores House provision stricken by the
Senate which provides $599,999 for the management of the East
Mojave National Scenic Area. The Senate had no similar
provision. The amendment also adds language earmarking
$2,000,000 for mineral assessments in Alaska.
Amendment No. 3: Restates the final appropriation amount
for management of lands and resources as $568,062,000 instead
of $570,017,000 as proposed by the House and $563,936,000 as
proposed by the Senate.

wildland fire management

Amendment No. 4: Appropriates $235,924,000 for wildland
fire management as proposed by the House instead of
$240,159,000 as proposed by the Senate.

construction and access

Amendment No. 5: Appropriates $3,115,000 for construction
and access instead of $2,515,000 as proposed by the House and
$2,615,000 as proposed by the Senate.
The managers agree to the following distribution of funds:

Sourdough Campground, AK.......................................$584,000
Byington Campground, ID.........................................290,000
West Aravaipa Ranger Station, AZ................................200,000
Railroad Flat Campground, CA....................................218,000
Penitentie Canyon, CO...........................................220,000
James Kipp Campground, MT.......................................345,000
Datil Well Rec Site reconstruction, NM...........................41,000
Encampment River Rec Area, WY....................................60,000
Indian Creek Accessibility Rehab, NV.............................57,000
El Camino Real Int'l Heritage Ctr., NM-A&E......................500,000
Flagstaff Hill, OR..............................................600,000
________________

Total.........................................................3,115,000

The managers urge BLM and the non-Federal partners to
consider during the A&E phase of the El Camino Real
International Heritage Center project the fact that future
construction funds are likely to be severely constrained.

payments in lieu of taxes

Amendment No. 6: Appropriates $101,500,000 for payments in
lieu of taxes instead of $111,409,000 as proposed by the
House and $100,000,000 as proposed by the Senate.

Land Acquisition

Amendment No. 7: Appropriates $12,800,000 for land
acquisition instead of $8,500,000 as proposed by the House
and $10,550,000 as proposed by the Senate. The $12,800,000
includes $3,250,000 for acquisition management, $1,000,000
for emergency and inholding purchases, and $8,550,000 for
land purchases.
Funds provided under this account for land purchases are
subject to the guidelines identified at the front of this
statement.

Oregon and California Grant Lands

Amendment No. 8: Appropriates $93,379,000 for Oregon and
California grant lands instead of $91,387,000 as proposed by
the House and $95,364,000 as proposed by the Senate.
The net increase above the House consists of a reduction of
$900,000 for resources management, and increases of
$1,115,000 for facilities maintenance, and $1,777,000 for
Jobs-in-the-Woods.
The managers are concerned about the many programs in the
President's Forest Plan designed to provide assistance to
timber dependent communities in the Pacific Northwest. The
managers are disturbed by the inability of the agencies
involved to provide a detailed accounting of funds
appropriated in previous fiscal years in the President's
Forest Plan for the unemployed timber worker programs.
The managers expect the Secretary of the Interior and the
Secretary of Agriculture to prepare a detailed accounting and
report of the funds appropriated in fiscal year 1995 for the
President's Forest plan. The report shall include a careful
accounting of appropriated funding, including: funds
appropriated for timer production; administrative expenses,
including the number of Federal employees employed to
administer the various aspects of the President's plan; funds
appropriated for the various jobs programs under the
President's plan, including but not limited to the Jobs in
the Woods program; the number of individuals employed by
these programs; and the average length of employment in the
various jobs. The managers expect the Secretaries to submit
the report to the Committees no later than March 31, 1996.

United States Fish and Wildlife Service

resource management

Amendment No. 9: Appropriates $497,943,000 for resource
management instead of $497,150,000 as proposed by the House
and $501,478,000 as proposed by the Senate.
The net increase above the House consists of increases of
$3,800,000 for cooperative conservation agreements, $750,000
for listing, $2,237,000 for habitat conservation, $1,502,000
for migratory bird management, $600,000 for hatchery
operations and maintenance, $800,000 for fish and wildlife
management, $478,000 for the National Education and Training
Center, and $885,000 for vehicle and aircraft purchase; and
reductions of $500,000 for recovery, $230,000 for
environmental contaminants, $6,542,000 for refuge operations
and maintenance, and $2,987,000 for servicewide
administrative support.
The conference agreement includes $3,800,000 for
cooperative conservation agreements with private landowners
to institute effective management measures that make listing
unnecessary. The managers intend that these funds also be
used to implement the 4(d) rule which is intended to ease
endangered species land use restrictions on small landowners.
The managers agree that none of the funding for cooperative
conservation agreements or listing be used in any way to
conduct activities which would directly support listing of
species or designating critical habitat.
The managers have included $750,000 under the listing
program to be used only for delisting and downlisting of
threatened and endangered species in order to ease land use
restrictions on private and public lands.
The conference agreement includes a reduction of $200,000
from the gray wolf reintroduction program. The managers
expect the Service to continue the cooperative agreement with
the Animal and Plant Health Inspection Service to provide
assistance to ranchers experiencing livestock losses to
wolves.
The managers agree with the Senate position regarding the
continued operation of Federal fish hatcheries. However, the
funding provided for hatcheries in total is below last year's
level, so reductions will be necessary. The managers
encourage those non-Federal parties that have expressed an
interest in participating in hatchery transfers to continue
to pursue this option, and the Service should provide the
transitional assistance for such efforts as was contemplated
in the budget. Within the funds restored for hatchery
operations and maintenance, $500,000 is provided only for
maintenance of those hatcheries transferred during fiscal
year 1996.
The managers reiterate, however, the need for the working
group proposed by the Senate to identify, by March 1, 1996,
savings from the fisheries program that equal or surpass the
savings associated with the hatchery transfers or closures
proposed in the budget. Outyear funding for fisheries and
other programs cannot be assured at a time of declining
budgets, and future transfer proposals might not involve
transitional assistance. The managers expect that there will
be significantly fewer Federal fish hatcheries by the end of
fiscal year 1997.
The National Fish and Wildlife Foundation is funded at a
level of $4,000,000. The House recommended that no funds be
provided for this purpose in the future. The Senate took no
position regarding outyear funding for the Foundation.
The managers direct the Department to reinstate its 1992
policy, modified to reflect public comments received,
regarding permit terms and conditions for hunting and fishing
guides in Alaska providing permit terms of 5 years with one
renewal period of 5 years, transferability under prescribed
conditions, and a right of survivorship. At such time as the
new policy is implemented, existing permits should be
reissued consistent with this policy. The managers note that
the existing policy limiting terms to one year makes it
impossible to obtain financing for guiding operations while
the limit on transferability and survivorship prevent long-
time family businesses from continuing upon the death or
illness of the permit holder.
The managers recognize the Fish and Wildlife Service's
fisheries mitigation responsibilities pursuant to existing
law and expect the working group to take into account such
responsibilities.
Amendment No. 10: Extends availability of $11,557,000 for
Lower Snake River compensation plan facilities until expended
as proposed by the Senate, instead of limiting the
availability to September 30, 1997 as proposed by the House.
Amendment No. 11: includes language proposed by the Senate
which prohibits listing additional species as threatened or
endangered and prohibits designating critical habitat during
fiscal year 1996 or until a reauthorization is enacted. The
House had no similar provision.

construction

Amendment No. 12: Appropriates $37,655,000 for construction
instead of $26,355,000 as proposed by the House and
$38,775,000 as proposed by the Senate.
The managers agree to the following distribution of funds:

Bear River Migratory Bird Refuge, UT, flood repair...........$1,000,000

[[Page H11549]]

Bosque del Apache NWR, NM, repair.............................1,820,000
Hawaii captive propagation facility, HI.......................1,000,000
Mississippi refuges, bridge repair and equipment..............1,120,000
National Education Training Center, WV, construction.........24,000,000
Quivira NWR, KS, water management...............................760,000
Russian River, AK, rehab........................................400,000
Southeast Louisiana refuges, rehab............................1,000,000
Wichita Mountains NWR, OK, Grama Lake and Comanche Dams, repair.700,000
Dam safety, servicewide inspections.............................460,000
Bridge safety, servicewide inspections..........................395,000
Emergency projects--servicewide...............................1,000,000
Construction management--servicewide..........................4,000,000
________________

Total..................................................37,655,000

The managers expect the Department to include the remaining
funding necessary to complete the construction of the
National Education and Training Center in the fiscal year
1997 budget.

natural resource damage assessment

Amendment No. 13: Appropriates $4,000,000 for the natural
resource damage assessment fund as proposed by the Senate
instead of $6,019,000 as proposed by the House.
The reductions below the House consist of $1,597,000 for
damage assessments and $422,000 for program management.

land acquisition

Amendment No. 14: Appropriates $36,900,000 for land
acquisition instead of $14,100,000 as proposed by the House
and $32,031,000 as proposed by the Senate. The $36,900,000
includes $8,000,000 for acquisition management, $1,000,000
for emergency and hardship purchases, $1,000,000 for
inholding purchases, $1,000,000 for land exchanges, and
$25,900,000 for refuge land purchases.
Funds provided under this account for land purchases are
subject to the guidelines identified at the front of this
statement.

north american wetlands conservation fund

Amendment No. 15: Appropriates $6,750,000 for the North
American Wetlands Conservation Fund as proposed by the Senate
instead of $4,500,000 as proposed by the House.
The increase above the House includes $2,230,000 for
habitat management and $20,000 for administration.
The House recommended that no funds be provided for this
purpose in the future. The Senate took no position regarding
outyear funding for this program.

wildlife conservation and appreciation fund

Amendment No. 16: Appropriates $800,000 for the Wildlife
Conservation and Appreciation Fund as proposed by the Senate
instead of $998,000 as proposed by the House.
Amendment No. 17: Deletes matching requirements proposed by
the House and stricken by the Senate. The matching
requirements of the Partnerships for Wildlife Act will
continue to apply, and do not need to be stated in the
appropriations act.

administrative provisions

Amendment No. 18: Provides authority to purchase 113 motor
vehicles as proposed by the Senate instead of 54 passenger
vehicles as proposed by the House.
Amendment No. 19: Deletes House prohibition on purchasing
police vehicles. The Senate had no similar provision.
Amendment No. 20: Includes Senate provision that the Fish
and Wildlife Service may accept donated aircraft. The House
had no similar provision.
Amendment No. 21: Includes House provision prohibiting the
Fish and Wildlife Service from delaying the issuance of a
wetlands permit for the City of Lake Jackson, TX. The Senate
had no similar provision.
Amendment No. 22: Modifies Senate provision on the
distribution of refuge entrance fees by substituting language
which allows the Fish and Wildlife Service to charge
reasonable fees for expenses associated with the conduct of
training programs at the National Education and Training
Center. Any fees collected for this purpose will be used to
cover costs associated with the operation of this facility.
The House had no similar provision.
Amendment No. 23: Modifies Senate provision regarding use
of pesticides on farmland within wildlife refuges in the
Klamath Basin. The amendment is based, in part, upon the
Service's representation that it has already approved or
anticipates approval of certain materials that are needed for
farming during this fiscal year and that it will consider
other materials for 1996 and subsequent years. If these
approvals do not occur or are withdrawn, the Senate language
will prevail and growers will be subject to the same
restrictions as growers on private lands. Allowing the
pesticide use proposal process to remain in effect for the
next fiscal year will enable growers and the Federal
government to work constructively toward an agreeable
process.

Natural Resources Science Agency

research, inventories and surveys

Amendment No. 24: Deletes Senate language providing
$145,965,000 for a natural resources science agency and
providing guidance on the operation of that agency. This
agency would have replaced the National Biological Service.
The House had no similar provision. The managers have agreed
to eliminate the National Biological Service and to fund
natural resources research as part of the U.S. Geological
Survey as proposed by the House. This item is discussed in
more detail under amendment Nos. 42 and 43.

National Park Service

operation of the national park system

Amendment No. 25: Appropriates $1,083,151,000 for operation
of the National park system instead of $1,088,249,000 as
proposed by the House and $1,092,265,000 as proposed by the
Senate. The reduction from the Senate level reflects the
transfer of the equipment replacement account back to the
construction account.
In keeping with the demands placed on other Interior
bureaus, the managers have not funded uncontrollable costs
and expect these costs to be absorbed through reductions to
levels of review and management. Efficiencies should also be
sought by exploring opportunities that exist and have been
outlined in GAO reports to co-locate and combine functions,
systems, programs, activities or field locations with other
Federal land management agencies.
The managers are concerned about the costs associated with
the current reorganization effort and strongly urge the NPS
to limit expenditures for task forces, work groups and
employee details and special assistants. The managers request
that a report be submitted by February 1, 1996, detailing a
budget history of past costs and future estimated costs
associated with the reorganization.
The managers expect a report within 45 days of enactment of
this Act identifying NPS' preliminary allocations for fiscal
year 1996. This report will serve as the baseline for any
reprogrammings in fiscal year 1996.
In considering these allocations, the managers expect that
none of the programmatic increases requested in the budget
are to be considered except those necessary to meet specific
park operating needs. This includes new and expanded
programs. Any new initiative such as those related to
training, reorganization or national service should be
addressed through the reprogramming process.
The managers expect that the National Park Service will use
these operating funds for core park programs.
The managers expect that the principle goal of the
reorganization plan, which is to relocate staff from central
and regional offices to the parks, will greatly alleviate the
pressures placed on parks by increased visitation.
The managers have agreed to the House position regarding
the termination of the Pennsylvania Avenue Development
Corporation and the transfer of certain specific activities
to other agencies including the National Park Service. This
item is discussed in greater detail in amendment Number 151
in Title III.
Amendment No. 26: Restores House language stricken by the
Senate regarding the availability of funds at the Mojave
National Preserve.

national recreation and preservation

Amendment No. 27: Appropriates $37,649,000 for National
recreation and preservation instead of $35,725,000 as
proposed by the House and $38,094,000 as proposed by the
Senate.
The reduction of $445,000 in Statutory and Contractual Aid
from the Senate amount reflects the elimination of $23,000
for the Maine Acadian Cultural Preservation Commission and a
reduction of $422,000 for the Native Hawaiian Culture and
Arts program.
Amendment No. 28: Earmarks $236,000 for the William O.
Douglas Outdoor Education Center as proposed by the Senate
instead of $248,000 as proposed by the House.
As discussed under amendment No. 155, no funds are provided
for the Mississippi River Corridor Heritage Commission.
Within funds provided, the National Park Service shall
publish the final report and enter into no other activities
related to this corridor. The funds included in the Senate
bill for the Commission have been transferred to the rivers
and trails program.

historic preservation

Amendment No. 29: Appropriates $36,212,000 for the Historic
Preservation Fund instead of $37,934,000 as proposed by the
House and $38,312,000 as proposed by the Senate.
The managers have provided $32,712,000 for State grants and
$3,500,000 for the National Trust for Historic Preservation.
The managers agree to a three year period of transition for
the National Trust for Historic Preservation to replace
Federal funds with private funding.

construction

Amendment No. 30: Appropriates $143,225,000 for
construction instead of $114,868,000 as proposed by the House
and $116,480,000 as proposed by the Senate.
The managers agree to the following distribution of funds:

Andersonville National Historic Site, GA (prisoner of war mus$2,800,000
Assateague National Seashore, MD (erosion control)..............300,000
Blackstone River Valley National Heritage Corridor MA/RI (interpretive
project)......................................................300,000
Blue Ridge Parkway, Hemphill Knob, NC (administration building1,030,000

[[Page H11550]]

Cane River Creole National Historic Park, LA (preservation and
stabilization)..............................................4,000,000
Chickasaw National Recreation Area, OK (campground rehabilitat1,624,000
Chamizal National Monument, TX (rehabilitation).................300,000
Crater Lake National Park, OR (dormitories construction).....10,000,000
Cuyahoga National Recreation Area, OH (site and structure
rehabilitation..............................................2,500,000
Delaware Water Gap National Recreation Area, PA (trails rehabi1,050,000
Everglades National Park, FL (water delivery system modificati4,500,000
Fort Necessity National Battlefield, PA (rehabilitation)........265,000
Fort Smith National Historic Site, AR (rehabilitation)..........500,000
Gateway National Recreation Area, NY (Jacob Riis Park rehabili1,595,000
General Grant National Memorial, NY (rehabilitation)..........1,000,000
Gettysburg National Military Park, PA (water and sewer lines).2,550,000
Glacier National Park, MT (rehabilitate chalets)................328,000
Grand Canyon National Park, AZ: Transportation................1,000,000
Gulf Islands National Seashore, MS (erosion control)............600,000
Harpers Ferry National Historical Park, WV (utilities and phone 455,000
Hot Springs NP, AR (stabilization/Lead Point)...................500,000
James A. Garfield National Historic Site, OH (rehabilitation/
development)................................................3,600,000
Jean Lafitte National Park and Preserve, LA (complete repairs)2,100,000
Klondike Gold Rush National Historical Park, AK (restore Skagway
historic district)............................................850,000
Lackawanna Valley, PA (technical assistance)....................400,000
Lake Chelan National Recreation Area, WA (planning and design for
repair of Company Creek Road).................................280,000
Little River Canyon National Park, AL (health and safety).......460,000
Mount Rainier National Park, WA (replace employee dormitory)..6,050,000
Natchez Trace Parkway, MS.....................................3,000,000
National Capital Parks--Central, DC (Lincoln/Jefferson memorials
rehabilitation).............................................4,000,000
New River Gorge National River, WV (trails, visitor access and
hazardous materials)..........................................625,000
President's Park, DC: Replace White House electrical system...1,000,000
Sagamore Hill National Historic Site, NY (water and sewer lines)800,000
Salem Maritime National Historic Site, MA (vessel exhibit)....2,200,000
Saratoga National Historical Park, NY (monument rehabilitation2,000,000
Sequoia National Park, CA (replace Giant Sequoia facilities)..3,700,000
Southwestern Pennsylvania Commission (various projects).......2,000,000
Stones River National Battlefield, TN (stabilization)...........200,000
Thomas Stone Historic Site, MD (rehabilitation).................250,000
Western Trails Center, IA.....................................3,000,000
Wrangell-St. Elias National Park and Preserve, AK (Kennicott Mine site
safety and rehabilitation)..................................1,500,000
Yosemite National Park, CA (El Portal maintenance facilities).9,650,000
Zion National Park, UT (transportation system facilities).....5,200,000
________________

Subtotal, line item construction.........................90,162,000
================

Emergency, unscheduled, housing..............................13,973,000
Planning.....................................................17,000,000
Equipment replacement........................................14,365,000
General management plans......................................6,600,000
Special resource studies........................................825,000
Strategic planning office.......................................300,000
________________

Total..................................................$143,225,000

The bill provides $1,000,000 for transportation related
activities at Grand Canyon National Park. These funds are to
be made available for transportation projects that the
Superintendent of the Grand Canyon Park has identified as
high priority. Therefore, it is the intent of the managers
that these moneys be used for any transportation related
expenditure, including the design of new transportation
facilities and the purchase of new buses.
The managers encourage the National Park Service to proceed
expeditiously with the necessary work at Cane River Creole
NHP, LA.
The region which comprises the 1.4 million acre East Mojave
Desert is embraced by a unique blend of human uses (past and
present) and nationally significant natural features. The
managers are concerned that National Park Service management
of the area has not adequately ensured the continuation of
human uses which give the region its character, in balance
with protection for the area's scenic and environmental
qualities. The managers do not want their action to be
construed as repealing portions of the California Desert
Protection Act (P.L. 103-433).
The managers believe that it is essential to not only
protect the area's unique resources but also preserve its
multiple use values, both natural and human, in cooperation
with Federal agencies, State agencies and local governments.
Recent jurisdictional conflicts involving State wildlife
agencies and the National Park Service have jeopardized vital
wildlife recovery efforts in this region.
The National Park Service is directed to develop a
comprehensive, long-term management plan for the area which
incorporates traditional uses and recognizes budgetary
constraints. The National Park Service may use up to $100,000
within available funds for these planning activities. The
National Park Service is directed to present its management
plan to both the House and Senate appropriations and
authorizing Committees for final approval prior to any
reprogramming of funds so that the Mojave provision will not
have to be continued in Fiscal Year 1997.
Amendment No. 31: Earmarks $4,500,000 for the Everglades as
proposed by the Senate instead of $6,000,000 as proposed by
the House.
Amendment No. 32: Retains the Senate provision indicating
Historic Preservation funds may be available until expended
to stabilize buildings associated with the Kennicott, Alaska
copper mine. The House had no similar provision.

land acquisition

Amendment No. 33: Appropriates $49,100,000 for land
acquisition instead of $14,300,000 as proposed by the House
and $45,187,000 as proposed by the Senate. The $49,100,000
includes $7,200,000 for acquisition management, $3,000,000
for emergency and hardship purchases, $3,000,000 for
inholding purchases, $1,500,000 for State grant
administration, and $34,400,000 for other land purchases.
Amendment No. 34: Deletes the earmark inserted by the House
and stricken by the Senate for Federal assistance to the
State of Florida. Authority exists for the Department to use
land acquisition funds for a grant to the State of Florida if
approved pursuant to the procedures identified for land
acquisition in fiscal year 1996.
Amendment No. 35: Modifies language proposed by the Senate
which requires that funds which may be made available for the
acquisition of the Elwha and Glines dams shall be used solely
for acquisition, and shall not be expended until the full
purchase amount has been appropriated by the Congress. The
House had no similar provision. Consistent with the direction
for the land acquisition accounts, no specific earmark is
provided for this project. Under the procedures identified
for land acquisition, however, funds could be made available
for the Elwha and Glines dams.
The Elwha Act, P.L. 102-495, authorizes the purchase of the
Elwha and Glines dams by the Secretary of the Interior at a
total purchase price of $29,500,000. Recognizing the serious
funding constraints under which the Committees are operating,
bill language has been included which authorizes funding to
be provided over a period of years, as necessary, in order to
acquire the dams. The bill language specifies that the
appropriated funds may only be used for acquisition.
Appropriated funds cannot be expended until the total
purchase price of $29,500,000 is appropriated.
Under the Elwha Act, the Secretary is authorized to study
the benefits of the removal of both dams, and to assess the
costs of such a removal to restore fish runs in the Elwha
River. The managers continue to be disturbed greatly by the
early projections from the Administration of costs that range
from $80-$300 million for dam removal. Due to the lack of
available funds, the managers strongly discourage the
Administration and those parties supporting dam removal from
continuing to support such a policy. Instead, the managers
encourage interested parties to pursue other, less costly
alternatives to achieve fish restoration. The managers urge
parties interested in the Elwha Act to work to find, within
the next year, a more fiscally responsible and achievable
solution to fishery restoration in lieu of dam removal. If no
conclusion can be reached on this issue, the appropriations
committees, working with the authorizing committees, will be
forced to work to find a legislative solution to the problem.
The managers have included $1,500,000 for administration of
the state grant program.

[[Page H11551]]

These funds are provided only to close down ongoing projects.
No funds are provided for new grants and the managers intend
that no funds will be provided in the future.

administrative provisions

Amendment No. 36: Retains Senate language regarding an
agreement for the redevelopment of the southern end of Ellis
Island and providing for Congressional review. Identical
language has been included in previous interior
appropriations bills.
Amendment No. 37: Modifies language proposed by the Senate
to clarify that funds may not be used by the National Park
Service for activities taken in direct response to the United
Nations Biodiversity Convention. The House had no similar
provision.
Amendment No. 38: Retains language proposed by the Senate
allowing the American Battlefield Protection Program to enter
into cooperative agreements of various types with other
entities. The House had no similar provision.
Amendment No. 39: Modifies Senate language regarding a
feasibility study for a northern access route into Denali
National Park and Preserve in Alaska. The modification is to
require that the study also be submitted to the House and
Senate Committees on Appropriations.
Amendment No. 40: Deletes Senate language regarding the
Stampede Creek Mine at Denali National Park in Alaska. The
House had no similar provision.
If requested by the University of Alaska at Fairbanks, the
National Park Service shall enter into negotiations regarding
a memorandum of understanding for continued use of the
Stampede Creek mine property. The Park Service should report
to the relevant Congressional committees by May 1, 1996 on an
assessment of damages resulting from the April 30, 1987
explosion. The repair or replacement should be to the same
condition as existed on April 30, 1987. If the University of
Alaska at Fairbanks seeks to replace the facilities, the Park
Service should consider working with the Army to assist in
any compensation to which the University of Alaska at
Fairbanks may be eligible since the Army assisted the
National Park Service with the explosives work conducted at
Stampede Creek on April 30, 1987.

United States Geological Survey

surveys, investigations, and research

Amendment No. 41: Appropriates $730,503,000 for surveys,
investigations and research instead of $686,944,000 as
proposed by the House and $577,503,000 as proposed by the
Senate. The amendment also provides authority for minerals
information activities formerly conducted in the Bureau of
Mines.
Changes to the amount proposed by the House include
increases of $24,112,000 for natural resources research,
$16,000,000 for minerals information activities transferred
from the Bureau of Mines and $4,000,000 for university
earthquake research grants, and decreases in Federal water
resources investigations of $176,000 for data collection and
analysis and $100,000 for hydrology of critical aquifers and
a decrease of $277,000 in the National mapping program for
cartographic and geographic research.
The managers have provided $4,000,000 for university
research in the earthquakes program. If there is a compelling
need for additional funds in this program in fiscal year 1996
and an acceptable funding offset can be justified, the USGS
should notify the Committees following the existing
reprogramming guidelines. The Committees will consider any
such request on its merits.
The managers understand that the USGS is constrained from
releasing certain information under interagency agreement No.
AGP00473.94 with the Bureau of Indian Affairs absent the
approval of the BIA. This issue is discussed in more detail
in the BIA section of this statement.
The managers have agreed to fund a competitive program for
the water resources research institutes with at least a 2 to
1 funding match from non-Federal sources. The managers expect
that this approach likely will lead to the closure of some of
the institutes. The managers recommend that in fiscal year
1996 a modest base grant of $20,000 per participating
institute be provided with the balance of the funding for the
program to be competitively awarded based on National program
priorities established by the USGS. The need for continuing a
small base grant beyond fiscal year 1996 should be carefully
examined by the USGS in the context of its fiscal year 1997
budget priorities. The managers do not object to competitions
being regionally-based if that approach is determined by the
USGS to be the most productive, from the standpoint of
meeting the most compelling information needs, and the most
cost effective. If a regional approach is selected, the
managers suggest that the USGS regions be consolidated so
that there are no more than 4 or 5 large regional areas. The
competition should not be structured to ensure that every
participating institute in a region gets a competitive award.
The USGS should report to the Committees in the fiscal year
1997 budget submission on how the competition is to be
structured and should report in subsequent budget submissions
on the distribution of competitively awarded grants by
institute.
Amendment No. 42: Earmarks $137,000,000 for natural
resources research and cooperative research units instead of
$112,888,000 as proposed by the House. The Senate recommended
funding this research under a separate account and at a level
of $145,965,000 as discussed in amendment No. 24. The
amendment also earmarks $16,000,000 for minerals information
activities transferred from the Bureau of Mines, mines and
minerals account (see amendment No. 47).
The managers agree that natural resources research in the
Department of the Interior should be organized in a manner
that ensures that it is independent from regulatory control
and scientifically excellent. The managers intend the merger
of these research activities into the USGS to be permanent.
The USGS is directed to plan and manage the restructuring and
downsizing of the former National Biological Service.
Retrenchments required to remain within the reduced level of
appropriations for the former NBS are to occur predominately
in administrative, managerial and other headquarters support
functions of that organization so as to maintain, to the
maximum extent possible, scientific and technical
capabilities.
The managers expect the agency to work closely with the
land management agencies to identify priority science needs
of concern to the Department's land managers on the ground.
The managers are concerned that natural resource research be
linked closely to management issues. In addition, attention
should be provided to information related to wildlife
resources entrusted to the stewardship of the Department;
fisheries, including restoration of depleted stocks; fish
propagation and riverine studies; aquatic resources;
nonindigenous nuisances that affect aquatic ecosystems;
impacts and epidemiology of disease on fish and wildlife
populations; chemical drug registration for aquatic species;
and effective transfer of information to natural resources
managers.
During fiscal year 1996, funds appropriated for the
functions of the former NBS shall remain a separate entity,
titled ``natural resources research'', within the USGS. Upon
completion of the necessary downsizing, and no later than
nine months after enactment of this legislation, the managers
direct the USGS to provide the Committees with a final plan
for the permanent consolidation and integration of natural
resources research functions into the USGS. As of October 1,
1996, employees of the former NBS shall be subject to the
same administrative guidelines and practices followed by the
USGS including peer review of research and investigations,
maintenance of objectivity and impartiality, and ethics
requirements regarding financial disclosure and divestiture.
The managers expect that the USGS budget request for fiscal
year 1997 will require amendment subsequent to its submission
to reflect appropriately this consolidation. To reiterate,
this merger is intended to be permanent and should be
implemented fully by October 1, 1996.
During fiscal year 1996 the Department and the USGS are
prohibited from reprogramming funds from other USGS programs
and activities for any program or activity within the
Department for natural resources research activities.
The managers also have agreed to provide $16,000,000 for
minerals information activities, transferred from the Bureau
of Mines. The funding represents a reduction from the fiscal
year 1995 level and may require significant downsizing and
restructuring of the program. The USGS should oversee the
refocusing of the program. Until such downsizing is
completed, the program should remain a separate and distinct
budget and organizational entity within the USGS. To the
extent job vacancies occur in the transferred program in
fiscal year 1996, they should be filled with Bureau of Mines
employees subject to termination or reduction-in-force. The
managers understand that the existing USGS mineral resources
survey activity is undergoing a restructuring and downsizing
and expect that effort and the required downsizing of the
minerals information program to proceed independently. When
both downsizing efforts are completed, a single, refocused
minerals program should be created which combines the
minerals information activities transferred from the Bureau
of Mines with other USGS mineral resources work.
Amendment No. 43: Modifies language inserted by the House
and stricken by the Senate providing guidance on the conduct
of natural resources research. The change to the House
position expands the prohibition on the use of funds for new
surveys on private property to include new aerial surveys for
the designation of habitat under the Endangered Species Act
unless authorized in writing by the property owner. With
respect to natural resources research activities, the
managers agree that funds may not be used for new surveys on
private property without the written consent of the land
owner, that volunteers are to be properly trained and that
volunteer-collected data are to be verified carefully. The
amendment also transfers authority from the Bureau of Mines
to the Director of the USGS to conduct mineral surveys,
consistent with the funding for that purpose earmarked under
amendment No. 42.

Minerals Management Service

Royalty and Offshore Minerals Management

Amendment No. 44: Appropriates $182,994,000 for royalty and
offshore minerals management instead of $186,556,000 as
proposed by the House and $182,169,000 as proposed by the
Senate. Changes to the amount proposed by the House include
decreases in information management of $151,000 for the
absorption of fixed cost increases and $3,000,000 which is
offset by the authority to

[[Page H11552]]

use additional receipts as provided in amendment Nos. 45 and
46; and decreases in general administration of $306,000 for
administrative operations and $105,000 for general support
services.
The managers agree that the independent review of the
royalty management program which was recommended by the House
should not be conducted until the disposition of the hardrock
minerals program is legislatively resolved. Accordingly, no
funds are earmarked for this effort in fiscal year 1996.
Amendment No. 45: Provides for the use of $15,400,000 in
increased receipts for the technical information management
system as proposed by the Senate instead of $12,400,000 as
proposed by the House.
Amendment No. 46: Permits the use of additional receipts
for Outer Continental Shelf program activities in addition to
the technical information management system as proposed by
the Senate. The House had no similar provision.

Bureau of Mines

mines and minerals

Amendment No. 47: Appropriates $64,000,000 for mines and
minerals instead of $87,000,000 as proposed by the House and
$128,007,000 as proposed by the Senate. The conference
agreement provides for the transfer of health and safety
research to the Department of Energy (see amendment No. 110).
The $64,000,000 provided for mines and minerals is to be used
for the orderly closure of the Bureau of Mines.
The managers expect that the health and safety functions in
Pittsburgh, PA and Spokane, WA will be continued under the
Department of Energy as will the materials partnerships
programs in Albany, OR. The U.S. Geological Survey will
assume responsibility for the minerals information program in
Denver, CO and Washington, DC. The Bureau of Land Management
will assume responsibility for mineral assessments in Alaska.
The managers do not object to a limited number of
administrative support personnel being maintained in these
locations. All other functions of the Bureau of Mines will be
terminated and all other Bureau locations will be closed. The
funds provided under this head should be sufficient to
provide termination costs and to provide for environmental
cleanup costs and for the required oversight and closeout of
contracts. The managers understand that some contracts will
require oversight through a logical completion point to
ensure that the Federal investment is not lost. One example
is the construction associated with the Casa Grande in situ
copper leaching program. The managers expect that there will
be few such cases and expect the Secretary to notify the
Committees of the rationale for continuing specific
contracts, not transferred to DOE, BLM or USGS, beyond the
closure of the Bureau. The managers expect the Secretary to
proceed apace with the termination of the Bureau using the
funds provided herein.

office of surface mining reclamation and enforcement regulation and
technology

Amendment No. 48: Appropriates $95,970,000 for regulation
and technology as proposed by the Senate instead of
$93,251,000 as proposed by the House.

abandoned mine reclamation fund

Amendment No. 49: Appropriates $173,887,000 for the
abandoned mine reclamation fund instead of $176,327,000 as
proposed by the House and $170,441,000 as proposed by the
Senate.
The net decrease below the House consists of reductions of
$500,000 for donations, $2,000,000 for reclamation program
operations, and $93,000 for administrative support; and
increases of $13,000 for executive direction and $140,000 for
general services.
Amendment No. 50: Deletes House earmark of $5,000,000 for
the Appalachian Clean Streams Initiative. The Senate had no
similar provision.
Amendment No. 51: Deletes House provision that allowed the
use of donations for the Appalachian Clean Streams
Initiative. The Senate had no similar provision.
Amendment No. 52: Includes Senate provision which allows
States to use part of their reclamation grants as a funding
match to treat and abate acid mine drainage, consistent with
the Surface Mining Control and Reclamation Act (SMCRA). The
House had no similar provision.

Bureau of Indian Affairs

Operation of Indian Programs

Amendment No. 53: Appropriates $1,359,434,000 for the
Operation of Indian Programs instead of $1,509,628,000 as
proposed by the House and $1,261,234,000 as proposed by the
Senate. Changes to the amount proposed by the House from
Tribal Priority Allocations include decreases of $1,500,000
for contract support, $4,000,000 for small and needy tribes,
and a general reduction of $117,136,000.
Changes from Other Recurring Programs include: increases of
$1,109,000 for ISEP formula funds, $1,000,000 for student
transportation, and $73,000 for Lake Roosevelt; and decreases
of $1,109,000 for ISEP adjustments, $1,000,000 for early
childhood development, and $1,186,000 for community
development--facilities O&M; and a transfer of $3,047,000
from trust services to the Office of Special Trustee for
American Indians.
Changes from Nonrecurring Programs include: increases of
$400,000 for Self Determination grants, $1,500,000 for
community economic development grants, $250,000 for technical
assistance, and $1,500,000 for water rights negotiations; and
decreases of $442,000 for attorney fees and $125,000 for
resources management for absorption of pay costs.
Changes from Central Office Operations include: a decrease
of $126,000 for the substance abuse coordination office, a
decrease of $2,000,000 for education program management, a
$12,477,000 transfer from trust services to the Office of
Special Trustee for American Indians, a transfer of $447,000
from general administration to the Office of Special Trustee
for American Indians, and a general reduction of $14,400,000.
Changes from Area Office Operations include a transfer of
$2,367,000 from trust services to the Office of Special
Trustee for American Indians and a general reduction of
$14,447,000.
Changes from Special Programs and Pooled Overhead include:
increases of $1,337,000 for special higher education
scholarships, $962,000 for the Indian Arts and Crafts Board,
$1,780,000 for intra-governmental billings, and $57,000 for
direct rentals; and decreases of $866,000 for the Indian
Child Welfare Act, $1,500,000 for employee displacement
costs, $141,000 for personnel consolidation, $664,000 for GSA
rentals, $1,666,000 for human resources development, and a
$23,000 general reduction.
Amendment No. 54: Deletes Senate earmark of $962,000 for
the Indian Arts and Crafts Board. The House had no similar
provision. The managers agree that within Special Programs/
Pooled Overhead, $962,000 is earmarked for the Indian Arts
and Crafts Board. In light of declining budgets, future
funding for this program should be provided through non-
Federal sources.
Amendment No. 55: Earmarks $104,626,000 for contract
support costs as proposed by the Senate instead of
$106,126,000 as proposed by the House and adds language
earmarking $100,255,000 for welfare assistance.
Amendment No. 56: Earmarks up to $5,000,000 for the Indian
Self-Determination fund as proposed by the Senate instead of
$5,000,000 as proposed by the House.
Amendment No. 57: Earmarks $330,711,000 for school
operations costs as proposed by the House instead of
$330,991,000 as proposed by the Senate.
Amendment No. 58: Earmarks $68,209,000 for higher education
scholarships, adult vocational training, and assistance to
public schools instead of $67,138,000 as proposed by the
House and $69,477,000 as proposed by the Senate.
Amendment No. 59: Retains a statutory reference to the
Johnson O'Malley Act as proposed by the Senate. The House had
no similar provision.
Amendment No. 60: Earmarks $71,854,000 for housing
improvement, road maintenance, attorney fees, litigation
support, self-governance grants, the Indian Self-
Determination Fund, and the Navajo-Hopi settlement program
instead of $74,814,000 as proposed by the House and
$62,328,000 as proposed by the Senate.
Amendment No. 61: Deletes a reference to trust fund
management as proposed by the Senate. Responsibility for
trust fund management has been transferred to the Office of
Special Trustee for American Indians.
Amendment No. 62: Deletes reference to the statute of
limitations language, as proposed by the Senate. This
language is included in the Office of Special Trustee for
American Indians (Amendment No. 80).
Amendment No. 63: Retains Senate language on the use of up
to $8,000,000 in unobligated balances for employee severance,
relocation, and related expenses and inserts new language
regarding the effective date when schools can adjust salary
schedules. The House had no similar provision.
The managers agree that:
Under Other Recurring Programs $409,000 is earmarked for
Alaska legal services and salmon studies.
Not more than $297,000 shall be available for a grant to
the Close Up Foundation.
Amounts specifically earmarked within the bill for Tribal
Priority Allocations are subject to the general reduction
identified for Tribal Priority Allocations. The managers
expect the Bureau to allocate the general reduction in a
manner that will not jeopardize funding provided from the
Highway Trust Fund for road maintenance. In addition, the
general reduction should not be applied to the $750,000
allocated for the Financial Management Improvement Team and
for small and needy tribes. BIA should ensure that compacting
and non-compacting tribes are treated consistently, except
for compacting tribes who meet the criteria for small and
needy tribes.
BIA should provide consistent treatment in allocating funds
for small and needy tribes and new tribes. Allocations should
be based on recommendations of the Joint Reorganization Task
Force.
No funds are provided for the school statistics initiative.
If the BIA wishes to pursue this initiative, the Committees
will consider a reprogramming request.
Several steps must be completed before schools can adjust
salary schedules. For this reason, bill language is included
that will provide this authority beginning with the 1997-98
school year. The managers expect that within 30 days after
enactment of this Act BIA should provide the Committees with
a plan and time schedule advising how BIA will adjust salary
schedules by the 1997-98 school year. The managers expect BIA
to ensure that all necessary steps are taken to facilitate
changes in salary rates for any schools desiring to use non-
DOD pay rates.
$16,338,000 from the Operation of Indian Programs should be
transferred to the Office of Special Trustee for American
Indians (see Amendment No. 80).

[[Page H11553]]

The managers have agreed to a reduction of $2,000,000 for
education program management in the Central Office Operations
program. No reduction has been included for area and agency
technical support in Other Recurring Programs. The managers
expect the Bureau to review education program management at
all levels to ensure that resources are properly allocated
within the funding provided. If the Bureau wishes to
reallocate the funds for these accounts, a reprogramming
request should be submitted to the Committees.
The managers expect the Bureau of Indian Affairs to direct
the U.S. Geological Survey to provide for the public release
of all interpretations of data and reports (draft and final)
completed under interagency agreement number AGP00473.94 and
all related amendments immediately upon completion of the
water studies. Within 15 days of enactment of this Act the
BIA shall report to the Committees its decision as to whether
or not it will direct the USGS to provide for the public
release of the information. If the BIA does not allow for the
public release of the information, the BIA should immediately
cancel the interagency agreement with the USGS.
The managers have not agreed to the Senate amendment
regarding a prohibition of the use of funds for travel and
training expenses for the BIA. However, the BIA is expected
to follow the guidance detailed in the discussion of
Amendment No. 163.

construction

Amendment No. 64: Appropriates $100,833,000 for
construction instead of $98,033,000 as proposed by the House
and $107,333,000 as proposed by the Senate. Changes to the
amount proposed by the House include increases of $4,500,000
for the Chief Leschi School, and $2,500,000 for the fire
protection program, and decreases of $3,700,000 for the
Navajo irrigation project and $500,000 for engineering and
supervision.
The managers agree that the Chief Leschi School complex
project will be phased in over a two-year period.
The managers agree that funding provided for construction
projects should include the entire cost of a given project,
which eliminates the need for a separate appropriation for
contract support.

indian land and water claim settlements and miscellaneous payments to
indians

Amendment No. 65: Appropriates $80,645,000 for Indian land
and water claim settlements and miscellaneous payments to
Indians instead of $75,145,000 as proposed by the House and
$82,745,000 as proposed by the Senate.
Amendment No. 66: Earmarks $78,600,000 for land and water
claim settlements as proposed by the Senate instead of
$73,100,000 as proposed by the House. Changes to the amount
proposed by the House include an increase of $5,500,000 for
the Ute Indian settlement.
Amendment No. 67: Earmarks $1,000,000 for trust fund
deficiencies as proposed by the House instead of $3,100,000
as proposed by the Senate.

Technical Assistance of Indian Enterprises

Amendment No. 68: Appropriates $500,000 for technical
assistance instead of $900,000 as proposed by the Senate and
no funds as proposed by the House.

Indian Guaranteed Loan Program Account

Amendment No. 69: Appropriates $5,000,000 for guaranteed
loans instead of $7,700,000 as proposed by the Senate and no
funds as proposed by the House.
The managers agree that $4,500,000 is for the cost of
guaranteed loans and $500,000 is for administrative expenses.

Territorial and International Affairs

Assistance to Territories

Amendment No. 70: Appropriates $65,188,000 for Assistance
to Territories instead of $52,405,000 as proposed by the
House and $68,188,000 as proposed by the Senate. The changes
to the amount proposed by the House include an increase of
$13,827,000 for territorial assistance and a decrease of
$1,044,000 for American Samoa operations grants. The amount
provided for territorial assistance includes increases over
the House of $5,650,000 for technical assistance, $2,400,000
for maintenance assistance, $1,500,000 for management
controls, and $750,000 for disaster assistance.
Amendment No. 71: Earmarks $3,527,000 for the Office of
Insular Affairs as proposed by the Senate instead of no funds
as proposed by the House. The managers agree that the Office
of Territorial and International Affairs is abolished along
with the Office of the Assistant for Territorial and
International Affairs. The funding provided is for staff to
carry out the Secretary's mandated responsibilities and is to
be located under the Assistant Secretary for Policy,
Management and Budget. This action is consistent with the
reorganization already approved by the Appropriations
Committees.
Amendment No. 72: Retains Senate language directing the use
of funds for technical assistance, maintenance assistance and
disaster assistance.

Compact of Free Association

Amendment No. 73: Deletes House proposed language and
funding for impact aid to Guam as proposed by the Senate.
The managers agree that Guam should be compensated for the
impact caused by immigration from the freely associated
states as authorized under the Compact of Free Association.
Funding for compact impact shall be provided by a re-
allocation of existing mandatory grant funds as discussed
under Amendment No. 89.

Departmental Offices

Departmental Management

Salaries and Expenses

Amendment Nos. 74 and 75: The managers agree to the Senate
language which changes the account name from Office of the
Secretary to Departmental Management.
Amendment No. 76: Appropriates $57,796,000 for departmental
management as proposed by the Senate instead of $53,919,000
as proposed by the House. A redistribution has been made
which includes reductions of $296,000 to the Secretary's
immediate office and $51,000 to Congressional Affairs. These
funds have been transferred to Central Services.
The managers agree that these accounts have been restrained
over recent years and that coordination of the Department's
programs, particularly during the ongoing downsizing and
restructuring process, is critical to ensure the overall
effectiveness of the Department's programs. However, the
managers feel that it is important to restrain these offices
at the 1995 level considering that most of the Department's
programs have sustained reductions, or face elimination, and
all are being directed to absorb their uncontrollable
expenses. The managers also recognize the need to have
flexibility in the Departmental Offices to manage within
reduced funding levels and with the displacements and
uncertainties caused by reductions-in-force. Therefore, the
managers agree that the Department may reprogram funds
without limitation among the program elements within the four
activities. However, any reprogramming among the four
activities must follow the normal reprogramming guidelines.
The managers strongly support language included in the
House Report which encourages each agency to reduce levels of
review and management in order to cover the costs associated
with pay raises and inflation. The Department should
carefully review and eliminate excessive or duplicated
positions associated with Congressional an Public Affairs
offices.
Amendment No. 77: Deletes Senate language which prohibits
the use of official reception funds prior to the filing of
the Charter for the Western Water Policy Review Commission.
The House had no similar provision.

Construction Management

Amendment No. 78: Appropriates $500,000 as proposed by the
Senate instead of no funding as proposed by the House.
The managers agree to retain the core policy function from
the Office of Construction Management in the Office of
Policy, Management and Budget. The balance of the programs
are transferred to BIA construction.

National Indian Gaming Commission

Amendment No. 79: Modifies language inserted by the Senate
requiring a report detailing information on Indian tribes or
tribal organizations with gaming operations. The modification
changes the date the report is due to March 1, 1996. The
House had no similar provision.

Office of Special Trustee for American Indians

Federal Trust Programs

Amendment No. 80: Appropriates $16,338,000 for Federal
trust programs in the Office of Special Trustee for American
Indians and establishes this new account as proposed by the
Senate. The House had no similar provision.
The managers agree to the following transfers from the
Operations of Indian Programs account within the Bureau of
Indian Affairs as proposed by the Senate: $3,047,000 from
Other Recurring Programs for financial trust services;
$2,367,000 from Area Office Operations for financial trust
services; and $10,924,000 from Central Office Operations,
including $10,447,000 for the Office of Trust Funds
Management.
The managers concur with the need for establishing the
office as articulated in the Senate report. The managers
believe that the Special Trustee will be effective in
implementing reforms in the Bureau of Indian Affairs only to
the extent that the Trustee has authority over the human and
financial resources supporting trust programs. Lacking such
authority, the Trustee cannot be held accountable and the
likely result will be simply one more office pointing out the
shortcomings of the Bureau of Indian Affairs.
Furthermore, under the current financial constraints facing
the Committees and the various downsizing activities taking
place in the Department, it is essential that the Committees
have a clear understanding of the organizational structure
supporting trust programs and an assurance that the
significant general reductions proposed to be taken against
the Bureau of Indian Affairs do not impair the Secretary's
ability to manage trust assets. The managers are aware that
there may be additional activities that could be transferred
to the Office and encourage the Special Trustee, the
Department, the Bureau of Indian Affairs, the tribes, and the
Office of Management and budget to work closely with the
appropriations and authorizing committees to identify the
activities and related resources to be transferred.
Any increase in funding or staffing for the Office of
Special Trustee should be considered within the context of
the fiscal year

[[Page H11554]]

1997 budget request and with consideration for funding
constraints and the downsizing occurring throughout the
Department, particularly within the Bureau of Indian Affairs.
The managers have recommended funding in a simplified
budget structure to allow the Special Trustee some
flexibility in establishing the office and the budget
structure. Prior to submission of the fiscal year 1997 budget
request, the managers expect the Special Trustee to work with
the Committees to establish an appropriate budget structure
for the Office.
The managers expect the Special Trustee to provide by
December 1, 1996 a detailed operating plan for financial
trust services for fiscal year 1996. The plan should detail
what specific activities relating to the reconciliation
effort will be undertaken, both directly by the Office of
Special Trustee and by its contractors. The plan should
detail what products will be provided to the tribes and the
Congress and when such products will be submitted. The plan
should include staffing for financial trust services,
including the number of vacant positions and when the
positions are expected to be filled.
Within the funds provided, support should be provided to
the Intertribal Monitoring Association (ITMA). The managers
expect ITMA to provide the Special Trustee with any
information that is provided to the Appropriations or
authorizing committees. If the Office of the Special Trustee
plans to continue funding ITMA in fiscal year 1997, the
managers expect the Special Trustee to identify the funds to
be available for ITMA in the fiscal year 1997 budget request.
To the extent possible, the managers expect that
administrative support services will continue to be provided
by the Bureau of Indian Affairs during fiscal year 1996. To
the extent that resources exist within the Office of Special
Trustee for budgeting or other administrative services, these
activities should be provided by the Office of Special
Trustee, rather than through the Bureau of Indian Affairs.
The managers have not included any funds for overhead costs,
such as GSA rent, postage, FTS-2000, PAY/PERS, or workers'
compensation. These costs should be paid from the Operation
of Indian Programs account during fiscal year 1996. The
fiscal year 1997 budget should include appropriate overhead
amounts in the Office of the Special Trustee.

administrative provisions

Amendment No. 81: Retains language inserted by the Senate
changing the name of ``Office of the Secretary'' to
``Departmental Management''.

Department of the Interior

general provisions

Amendment No. 82: Deletes an unnecessary comma as proposed
by the Senate.
Amendment No. 83: Retains the House language stricken by
the Senate granting the Secretary of the Interior authority
to transfer land acquisition funds between the Bureau of Land
Management, the U.S. Fish and Wildlife Service and the
National Park Service.
Amendment No. 84: Modifies language proposed by the House
and stricken by the Senate regarding the expenditure of funds
for the Presidio. The managers are aware of legislation which
may be enacted regarding the future management of the
Presidio in California and have provided a funding limitation
in order for the Congress to consider legislation this fall.
In light of declining budgets, the managers recognize the
need for an alternative approach for the Presidio that does
not require additional appropriations from the Interior bill.
Because the authorizing legislation may be enacted early in
fiscal year 1996, the managers have included language which
restricts how much funding can be obligated on a monthly
basis for the first quarter of the fiscal year. However, if
legislation is not enacted, the managers also recognize the
need for National Park Service to be able to fulfill its
management and resource protection responsibilities at the
Presidio. Thus, the obligation limitation would be lifted on
December 31, 1995.
Because of concerns about sufficient resources remaining
available to address the requirements of any authorization
regarding the Presidio Trust, the managers expect the
National Park Service to notify the relevant House and Senate
appropriations and authorizing committees before awarding any
major contracts after December 31, 1995, and prior to the
establishment of the Presidio Trust once it is authorized.
Amendment No. 85: Restores language proposed by the House
and stricken by the Senate repealing provisions of the Oil
Pollution Act of 1990 with respect to Outer Continental Shelf
leases offshore North Carolina. The repeal of this statute is
not intended to excuse the United States from the
liabilities, if any, it has incurred to date nor to otherwise
affect pending litigation.
Amendment No. 86: Retains language proposed by the Senate
limiting the allocation of self-governance funds to Indian
tribes in the State of Washington if a tribe adversely
impacts rights of nontribal owners of land within the tribe's
reservation. The House had no similar provision.
Amendment No. 87: Retains language proposed by the Senate
which requires the Department of the Interior to issue a
specific schedule for the completion of the Lake Cushman Land
Exchange Act within 30 days of enactment and to complete the
exchange by September 30, 1996. The House had no similar
provision.
Amendment No. 88: Retains Senate language authorizing the
National Park Service to expend funds for maintenance and
repair of the Company Creek Road in Lake Chelan National
Recreation Area and providing that, unless specifically
authorized, no funds may be used for improving private
property. The House had no similar provision.
Amendment No. 89: Revises language proposed by the Senate
to reallocate mandatory grant payments of $27,720,000 to the
Commonwealth of the Northern Mariana Islands (CNMI).
The managers agree that for fiscal years 1996 through 2002
the CNMI shall receive $11,000,000 annually. This is
consistent with total funding, matching requirements, and
terms negotiated and set forth in the agreement executed on
December 17, 1992, between the special representative of the
President of the United States and the special
representatives of the Governor of the Northern Mariana
Islands.
The managers agree that Guam shall receive impact aid of
$4,580,000 in fiscal year 1996. This funding level shall
continue through fiscal year 2001, as authorized by the
Compact of Free Association. The managers agree that these
grant funds must be used for infrastructure needs, as
determined by the Government of Guam.
The managers agree that $7,700,000 shall be allocated for
capital improvement grants to American Samoa in fiscal year
1996 and that higher levels of funding may be required in
future years to fund the highest priority projects identified
in a master plan. The managers have agreed to language
directing the Secretary to develop such a master plan in
conjunction with the Government of American Samoa. The plan
is to be reviewed by the Army Corps of Engineers before it is
submitted to the Congress and is to be updated annually as
part of the budget justification.
The managers understand that renovation of hospital
facilities in American Samoa has been identified as one of
the more critical and high priority needs. The Secretary of
the Interior and the American Samoa Government are reminded
that Congress required the creation of a hospital authority
as a condition to Federal funding of health care facilities.
The managers expect the existing hospital authority in
American Samoa to be supported by the American Samoa
Government so that it continues the purpose of improving the
quality and management of health care.
The managers agree that $4,420,000 shall be allocated in
fiscal year 1996 for resettlement of Rongelap Atoll. Language
has been included that total additional contributions,
including funding provided in this bill, may not exceed
$32,000,000 and are contingent on an agreement that such
contributions are a full and final settlement of all
obligations of the United States to assist in the
resettlement of Rongelap.
The managers have deleted language provisions proposed by
the Senate which would legislate on several matters including
minimum wage, immigration, and local employment in the
Northern Mariana Islands.
The managers agree that the Secretary of the Interior
should continue to submit an annual ``State of the Islands''
report. This report has been submitted for the past four
years in accordance with Committee directives and is a
valuable source of information for the Congress.

TITLE II--RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

forest research

Amendment No. 90: Appropriates $178,000,000 for forest
research instead of $182,000,000 as proposed by the House and
$177,000,000 as proposed by the Senate.
For forestry research, the managers reaffirm support for
the consolidation of budget line items, to provide the agency
additional flexibility with restructuring, and to allow
efficiencies and cost savings as require to meet funding
reductions. The managers agree that no forest and range
experiment station, research program, or research project
should be held harmless from decreases that would impose
disproportionate reductions to other research activities. The
agency should maintain its focus on core research activities-
including forestry research-that support initiatives relating
both to public and private forest lands, and cooperative
research efforts involving the universities as well as the
private sector, directed at forest management, resource
utilization and productivity. The managers urge the Forest
Service to avoid location closures where research is not
conducted elsewhere, and to consolidate programs that are
spread over multiple locations. The managers are particularly
concerned that silvicultural and hardwood utilization
research continue given the large number of public and
private forests which rely on this research.
In addition, the managers note the growing importance of
data and other information collected through the Forest
Inventory Analysis (FIA) program and the resulting statewide
forest inventories. The analysis and collection of
information directed at forest health conditions on public
and private forest lands has become especially important in
recent years.
The managers have included $300,000 for landscape
management research at the University of Washington, $479,000
for Cook County Ecosystem project, and $200,000 for

[[Page H11555]]

research at the Olympic Natural Resources Center in Forks,
WA.

state and private foresty

Amendment No. 91: Appropriates $136,794,000 for State and
private forestry as proposed by the Senate but deletes Senate
earmarks for cooperative lands fire management and the
stewardship incentives program. The House provided
$129,551,000 for State and private forestry.
The net increase above the House includes increases of
$4,500,000 for the stewardship incentives program, $3,000,000
for forest legacy program, and $5,500,000 for economic action
programs; and reductions of $2,000,000 from forest health
management, $621,000 from cooperative lands fire management,
$1,636,000 for forest stewardship and $1,500,000 for urban
and community forestry.
The managers agree to the following distribution of funds
within economic action programs:

Forest products conservation and recovery....................$1,000,000
Economic recovery.............................................5,000,000
Rural development.............................................4,800,000
Wood in transportation........................................1,200,000
Columbia River Gorge, economic grants to counties.............2,500,000

The managers agree that $2,880,000 within rural development
be allocated to the Northeast and Midwest, and that no funds
are provided for economic diversification studies.

international forestry

The managers agree that up to $4,000,000 for Forest Service
funds may be utilized for purposes previously funded through
the International Forestry appropriation. Domestic activities
requiring international contacts will continue to be funded,
as in the past, by the appropriate domestic benefiting
program. The managers reiterate their expectations that the
Service curtail foreign travel expenditures in light of
budget constraints.
Operations formerly funded by International Forestry or
other appropriations, other than research activities, of the
International Institute of Tropical Forestry, Puerto Rico and
the Institute of Pacific Islands Forestry, Hawaii may
continue to be funded as appropriate. As with other programs,
it may be necessary to reduce funding for these institutes
due to budget constraints. Research activities will be funded
from the Forest Research appropriation.
The managers also expect the Forest Service to examine the
best means to provide leadership in international forestry
activities and meet essential representation and liaison
responsibilities with foreign governments and international
organizations, and agree that the Forest Service should not
maintain a separate deputy chief for international forestry.

national forest system

Amendment No. 92 Appropriates $1,256,253,000 for the
national forest system instead of $1,266,688,000 as proposed
by the House and $1,247,543,000 as proposed by the Senate.
The net decrease below the House consists of reductions of
$5,750,000 for recreation management, $1,750,000 for
wilderness management, $435,000 for heritage resources,
$1,750,000 for wildlife habitat management, $1,000,000 for
inland fish habitat management, $1,750,000 for threatened and
endangered species habitat management; and increases of
$1,000,000 for road maintenance, and $1,000,000 for facility
maintenance.
The managers expect the land agencies to begin to rebuild
and restore the public timber programs on national forests
and BLM lands. With the modest increase in funding provided,
the Forest Service is expected to produce 2.6 billion board
feet of green sales. With enactment of the new salvage
initiative (P.L. 104-19) in response to the emergency forest
health situation, the agencies are expected to proceed
aggressively to expedite the implementation of existing
programmed salvage volumes, with the expectation that the
Forest Service will produce an additional increment of 1.5
BBF over the expected sale program for fiscal year 1996. The
managers expect a total fiscal year 1996 Forest Service sale
accomplishment level off 5.6 BBF, and note that this is
nearly half the level authorized for sale just five years
ago. The Forest Service is to report timber sale
accomplishments on the basis of net sawtimber sold and
awarded to purchasers, and on the volume offered. Those
regions of the country which sell products other than
sawtimber should continue to report accomplishments in the
same manner as used in the forest plans. The reports are to
provide information on both green and salvage sales.
The managers encourage the Forest Service to use up to
$350,000 to commission a third party field review of the
environmental impacts and the economic efficiency of the
emergency forest salvage program mandated by section 2001 of
P.L. 104-19. The managers believe that funding such a review
can be appropriately undertaken through the timber salvage
sale fund.
The managers note the difference between the House and
Senate reports pertaining to tree measurement and timber
scaling. The managers also note that House Report 103-551
specifically allow Forest Service managers to use scaling
when selling salvage sales or thinnings. The managers expect
the Forest Service to use fully the flexibility authorized in
House Report 103-551 for rapidly deteriorating timber, and to
use sample weight scaling for the sale of low value
thinnings. Further, the managers direct the Forest Service to
undertake a study to identify: (1) which measurement method
is more cost efficient; (2) to assess what percent of timber
theft cases involve scaling irregularities and whether tree
measurement discourages timber theft; (3) which measurement
method is more efficient when environmental modifications are
needed after a sale has been awarded; and (4) assess the
agency's ability to perform cruising required under tree
measurement. The study will measure Forest Service
performance based on Forest Service Handbook cruise
standards, including identifying how often uncertified
employees are involved in cruise efforts. The Forest Service
shall contract with an established independent contractor
skilled in both cruising and scaling and report back to the
Committees no later than March 1, 1996.
The conference agreement includes $400,000 for the
development of a plan for preserving and managing the former
Joliet Arsenal property as a National tallgrass prairie. The
managers are aware of legislation to establish the Midewin
National Tallgrass Prairie and urge the Forest Service to
take such steps as are necessary, including a reprogramming,
to begin implementing the legislation when enacted. The
managers also urge the Forest Service to seek full funding
for the Midewin National Tallgrass Prairie as part of its
fiscal year 1997 budget request.
The managers are concerned about the many programs in the
President's Forest Plan designed to provide assistance to
timber dependent communities in the Pacific Northwest. The
managers are disturbed by the inability of the agencies
involved to provide a detailed accounting of funds
appropriated in previous fiscal years for the unemployed
timber worker programs in the President's Forest Plan.
The managers expect the Secretary of the Interior and the
Secretary of Agriculture to prepare a detailed accounting and
report of the funds appropriated in fiscal year 1995 for the
President's Forest plan. The report shall include a careful
accounting of appropriated funding, including: funds
appropriated for timber production; administrative expenses,
including the number of Federal employees employed to
administer the various aspects of the President's plan; funds
appropriated for the various jobs programs allowed for under
the President's plan, including but not limited to the Jobs
in the Woods program; the number of individuals employed by
these programs; and the average length of each job. The
managers expect the Secretaries to submit the report to the
Committees no later than March 31, 1996.
The managers are concerned that the Forest Service
reallocates funding pursuant to reprogramming requests before
they are transmitted to Congress. The managers direct the
Forest Service to adhere to the reprogramming guidelines, and
not reallocate funds until the Appropriations Committees have
had an opportunity to review these proposals.
The managers believe that additional opportunities exist
for contracting Forest Service activities, and encourage
expanding the use of contractors wherever possible.

wildlife fire management

Amendment No. 93: Changes the account title to Wildland
Fire Management as proposed by the Senate, instead of Fire
Protection and Emergency Suppression as proposed by the
House.
Amendment No. 94: Appropriates $385,485,000 for wildland
fire management as proposed by the House instead of
$381,485,000 as proposed by the Senate.

Construction

Amendment No. 95: Appropriates $163,500,000 for
construction, instead of $120,000,000 as proposed by the
House and $186,888,000 as proposed by the Senate.
The increase above the House includes $23,500,000 for
facilities, $5,000,000 for road construction, and $15,000,000
for trail construction. Within the total for facilities, the
conference agreement includes $36,000,000 for recreation,
$10,000,000 for FA&O, and $2,500,000 for research.
The managers agree to the following earmarks within
recreation construction:

Allegheny NF, rehabilitation...................................$150,000
Bead Lake, WA, boating access....................................60,000
Bead Lake, WA, roads............................................176,000
Columbia River Gorge Discovery Center, OR, completion.........2,500,000
Cradle of Forestry, NC, utilities...............................500,000
Daniel Boone NF, KY, rehabilitation.............................660,000
Gum Springs Recreation Area, LA, rehabilitation phase II........400,000
Johnston Ridge Observatory, WA..................................500,000
Johnston Ridge Observatory, WA, roads...........................550,000
Lewis and Clark Interpretive Center, MT, completion...........2,700,000
Multnomah Falls, OR, sewer system...............................190,000
Northern Great Lakes Visitor Center, WI.......................1,965,000
Seneca Rocks, WV visitor center, completion...................1,400,000
Timberline Lodge, OR, water system improvements and new reservoi750,000
Winding Stair Mountain National Recreation and Wilderness Area, OK,
improvements..................................................682,000

The managers agree that for the Northern Great Lakes
Visitor Center, WI, funding is provided with the
understanding that the project cost is to be matched 50% by
the State of Wisconsin.

[[Page H11556]]

The conference agreement includes $95,000,000 for roads to
be allocated as follows: $57,000,000 for timber roads,
$26,000,000 for recreation roads, and $12,000,000 for general
purpose roads.
The managers remain interested in Forest Service plans for
restoring Grey Towers, and are concerned about the cost of
the project. The managers expect the Forest Service to
continue the implementation of the master plan for Grey
Towers and to explore additional partnerships that can help
cost-share required restoration work. The Forest Service
should work with the Committees to provide a better
understanding of the needs of Grey Towers and explore ways to
reduce the cost to the Federal government.
The managers concur in the reprogramming request currently
pending for Johnston Ridge Observatory and Timberline Lodge
sewer system.
Amendment No. 96: Earmarks $2,500,000 and unobligated
project balances for a grant to the ``Non-Profit Citizens for
the Columbia Gorge Discovery Center,'' and authorizes the
conveyance of certain land, as proposed by the Senate. The
House included no similar provision.
Amendment No. 97: Includes Senate provision which
authorizes funds appropriated in 1991 for a new research
facility at the University of Missouri, Columbia, to be
available as a grant for construction of the facility, and
provides that the Forest Service shall receive free space in
the building. The House had no similar provision.

land acquisition

Amendment No. 98: Appropriates $41,200,000 instead of
$14,600,000 as proposed by the House and $41,167,000 as
proposed by the Senate. The $41,200,000 includes $7,500,000
for acquisition management, $2,000,000 for emergency and
inholding purchases, $1,000,000 for wilderness protection,
$1,725,000 for cash equalization of land exchanges, and
$28,975,000 for land purchase.
Amendment No. 99: Strikes Senate earmark for Mt. Jumbo.
Amendment No. 100: Strikes Senate earmark for Kane
Experimental Forest.
The managers expect that any movement of acquisition funds
from one project to another regardless of circumstances must
follow normal reprogramming guidelines. The managers have
deleted all references to specific earmarkings included in
the Senate report.
The managers continue to encourage strongly the use of land
exchanges as a way in which to protect important recreational
or environmentally significant lands, in lieu of the Federal
Government acquiring lands. The managers believe that land
exchanges represent a more cost-effective way in which to do
business and encourage the Forest Service to give high
priority to those exchanges either nearing completion, or
where land management decisions are made particularly
difficult due to checkerboard ownership.
The managers are concerned about the long history of
problems associated with the implementation of land
acquisition provisions in the Columbia River Gorge National
Scenic Act. To date, nearly $40 million has been spent on
land acquisitions in the Gorge, and the Forest Service
estimates that nearly $20-$30 million in remaining land is
left to be acquired. The Gorge Act authorizes land exchanges
in the area, and while several exchanges have been completed,
a substantial number of acres remain to be acquired to
fulfill the purposes of the Scenic Act. The managers strongly
support the use of land exchanges versus land acquisitions.
The managers understand that the Forest Service has the
existing statutory authority to conduct land exchanges in the
Scenic Area, including tripartite land-for-timber exchanges.
The managers encourage the Forest Service to enter into
land exchanges, including tripartite land exchanges, with
willing land owners in the Gorge to diminish the need for
future acquisitions.

Administrative Provisions, Forest Service

Amendment No. 101: Retains Senate provision which prohibits
any reorganization without the consent of the appropriations
and authorizing committees and adds a provision exempting the
relocation of the Region 5 regional offices from the
requirement to obtain the consent of the authorizing and
appropriations committees. The House had no similar
provision.
The managers are concerned that the Forest Service is being
required to move the Regional Office in Atlanta, Georgia from
its present location to a new Federal Center in downtown
Atlanta at greatly increased costs. At the same time,
accessibility for both the public and employees will be made
more difficult. Requiring the Forest Service to absorb
increased costs for no increase in effectiveness or
efficiency is not acceptable. The managers agree that any
relocation of the Atlanta office can occur only pursuant to
the bill language restrictions which require the advance
approval of the authorizing and appropriations committees.
This will allow the committees the opportunity to examine
closely the costs and benefits of any such proposal, and
require the Administration to justify fully any additional
expenditures.
Amendment No. 102: Includes Senate provision which adds the
Committee on Energy and Natural Resources to the list of
committees which must approve reorganizations pursuant to
amendment No. 101. The House had no similar provision.
Amendment No. 103: Includes the Senate provision which adds
the Committee on Resources to the list of committees which
must approve reorganizations pursuant to amendment No. 101.
The House had no similar provision.
Amendment No. 104: Modifies Senate provision by deleting
the prohibition on changes to the appropriations structure
without advance approval of the Appropriations Committees,
and substituting language allowing the relocation of the
Region 5 regional office to Mare Island in Vallejo, CA,
subject to the existing reprogramming guidelines. The House
had no similar provision.
The conference agreement includes bill language which
provides authority to finance costs associated with the
relocation of the Region 5 regional office to excess military
property at Mare Island Naval Shipyard at Vallejo, CA, from
any Forest Service account. However, the managers expect a
reprogramming request which justifies the relocation and
identifies the source of funds to be used before funds are
reallocated for this purpose. The allocation of other regions
are not to be reduced in order to finance the move.
Amentment No. 105: Retains House language stricken by the
Senate providing that 80 percent of the funds for the ``Jobs
in the Woods'' program for National Forest land in the State
of Washington be granted to the State Department of Fish and
Wildlife. The Senate had no similar provision.
Amendment No. 106: Deletes House provision relating to
songbirds on the Shawnee NF. The Senate had no similar
provision.
Amendment No. 107: Deletes Senate provision which prohibits
revision or implementation of a new Tongass Land Management
Plan. The House had no similar provision.
Amendment No. 108: Modifies Senate provision requiring
implementation of the Tongass Land Management Plan,
Alternative P, during fiscal year 1996, and allows
continuation of the current Tongass National Forest land
management planning process which may replace or modify
Alternative P. Language is also included relating to offering
certain timber sales in Alaska, and making permanent section
502 of Public Law 104-19 relating to habitat conservation
areas in the Tongass National Forest. The House had no
similar provision.
The managers appreciate the critical need to resolve land
and resource management issues relating to the Tongass
National forest in Southeast Alaska and further recognize
that, to date, the Congress has provided sufficient guidance
and funding for the Forest Service to develop a workable land
management plan. Therefore, the Forest Service is directed to
implement the preferred alternative identified in the Final
Environmental Impact Statement dated October 1992 and its
companion Record of Decision draft dated February 1993. The
Forest Service may amend that plan to include a signed
agreement between the Forest Service and the Alaska Visitors'
Association, and is directed otherwise to proceed with timber
sales and other plan features in accordance with this plan.
The current plan revision process may continue, provided that
any proposed revisions shall, to the maximum extent possible,
contain no fewer acres of suitable timber lands than in the
plan selected by this bill and any revision shall not take
effect during fiscal year 1996.
Amendment No. 109: Includes Senate provision which
prohibits applying paint to rocks or rock colorization. The
House included no similar provision.

Department of Energy

fossil energy research and development

Amendment No. 110: Appropriates $417,169,000 for fossil
energy research and development instead of $379,524,000 as
proposed by the House and $376,181,000 as proposed by the
Senate. The amendment also provides for the transfer of
authority for health and safety research in mines and the
mineral industry from the Bureau of Mines (see amendment No.
47). Changes to the amount proposed by the House for coal
research include an increase of $2,000,000 for Kalina cycle
testing and decreases of $1,500,000 in coal preparation
research, $1,650,000 for HRI proof of concept testing and
$1,000,000 for bench scale research in the direct
liquefaction program, $1,000,000 for in house research in the
high efficiency integrated gasification combined cycle
program, $500,000 for filters testing and evaluation in the
high efficiency pressurized fluidized bed program, and
$300,000 for international program support and $1,000,000 for
university coal research in advanced research and technology
development. Changes to the amount proposed by the House for
oil technology research include increases of $1,500,000 for a
data repository, $250,000 for the gypsy field project and
$250,000 for the northern midcontinent digital petroleum
atlas in exploration and supporting research, and decreases
of $1,000,000 for the National laboratory/industry
partnership and $1,000,000 for extraction in exploration and
supporting research, $2,000,000 for the heavy oil/
unconsolidated Gulf Coast project in the recovery field
demonstrations program, and $1,100,000 as a general reduction
to the processing research and downstream operations program.
Changes to the amount proposed by the House for natural gas
research include decreases of $440,000 for conversion of
natural gases to liquid fuels, $130,000 for the international
gas technology information center and $30,000 for low quality
gas upgrading in the utilization program and $1,000,000 for
the advanced concepts/tubular solid oxide fuel

[[Page H11557]]

cell program. Other changes to the House recommended level
include increases of $40,000,000 for health and safety
research ($35 million) and materials partnerships ($5
million) which are being transferred from the Bureau of Mines
$6,295,000 for cooperative research and development and
$5,000,000 for program direction at the energy technology
centers and a decrease of $4,000000 for environmental
restoration.
The funds provided for cooperative research and development
include $295,000 for technical and program management support
and $3,000,000 each for the Western Research Institute and
the University of North Dakota Energy and Environmental
Research Center. Within the funds provided for WRI and
UNDEERC, the managers agree that a percentage comparable to
the fiscal year 1995 rate may be used for the base research
program, and the balance is to be used for the jointly
sponsored research program
The managers have included an increase of $5,000,000 for
program direction, which is $1,000,000 less than recommended
in the Senate bill. The managers expect the Department to
allocate these funds commensurate with the program
distributions in this bill. The various program and support
functions of the field locations should continue to be funded
out of the same line-items as in fiscal year 1995.
The managers are aware of proposals regarding the future
field office structure of the fossil energy program. The
managers take no position on the specifics of the various
aspects of the strategic realignment initiative at this time
as many of the details are not yet available. The managers
expect the Department to comply fully with the reprogramming
guidelines before proceeding with implementation of any
reorganization or relocation. The managers are concerned
about the basis for estimated savings, personnel impacts,
budget changes, transition plans, and how any proposed
integration will address market requirements and utilization.
In any proposal to privatize the National Institute for
Petroleum and Energy Research (NIPER), the Department should
seek competitively a non-Federal entity to acquire NIPER and
to make such investments and changes as may be necessary to
enable the private entity to perform high-value research and
development services and compete with other organizations for
private and public sector work. In the interim, to the extent
the program level for oil technology allows, the Department
is encouraged to maintain as much of the program at NIPER as
possible.
With respect to the functions of the Bureau of Mines which
have been transferred to the Department of Energy, the
managers expect the Department to continue to identify the
resources being allocated for these purposes and not to
subsume these functions into other budget line-items within
the fossil energy account. The Secretary should maintain the
transferred functions and personnel at their current
locations. In fiscal year 1996, any staffing reductions
required to accommodate the funding level provided for health
and safety research should be taken from within this activity
and should not affect any other elements of the fossil energy
research and development organization. Likewise, any
additional or vacant positions which are required for the
health and safety research function should be filled with
Bureau of Mines employees who are subject to termination or
reduction-in-force. The managers strongly encourage the
Administration, and particularly the Office of Management and
Budget, to work toward consolidating these health and safety
functions in the same agency with either the Mine Safety and
Health Administration or the National Institute for
Occupational Safety and Health.
The managers do not object to the use of up to $18,000,000
in clean coal technology program funds for administration of
the clean coal program. The managers are concerned that a
clean coal project was recently changed without addressing
Congressional concerns that were raised before and during the
application review period. The managers expect the Secretary,
to the extent possible, to ensure that the sulfur dioxide
facility which was approved as part of the NOXSO clean coal
project is constructed so as to begin operation when the
elemental sulfur is available from the NOXSO process. The
managers also expect the Department to report to the
legislative committees of jurisdiction as well as the
Appropriations Committees in the House and Senate on the
rationale for approving the construction of a sulfur dioxide
plant as part of the NOXSO project. As the remaining projects
in the clean coal program proceed, the Department should
focus on technologies that relate directly to the objectives
of the program.
Amendment No. 111: Deletes language inserted by the Senate
requiring that any new project start be substantially cost-
shared with a private entity. The House had no similar
provision. The managers expect the Department to make every
effort to increase the percentage of non-Federal cost-sharing
in its research and development projects.

naval petroleum and oil shale reserves

Amendment No. 112: Appropriates $148,786,000 for the Naval
petroleum and oil shale reserves instead of $151,028,000 as
proposed by the House and $136,028,000 as proposed by the
Senate.
Amendment No. 113: Repeals the restriction on conducting
studies with respect to the sale of the Naval petroleum and
oil shale reserves as proposed by the Senate. The House had
no similar provision.

energy conservation

Amendment No. 114: Appropriates $553,293,000 for energy
conservation instead of $556,371,000 as proposed by the House
and $576,976,000 as proposed by the Senate. Changes to the
amount proposed by the House for the buildings program
include increases of $150,000 for the foam insulation project
in the building envelope program, $100,000 for lighting and
appliance collaboratives in commercial buildings in the
building equipment program and $1,140,000 for energy
efficiency standards for Federal buildings in the codes and
standards program, and decreases of $400,000 for residential
buildings/building America, $3,000 for residential energy
efficiency/climate change action plan, and $1,500,000 for
partnership America/climate change action plan in building
systems; $150,000 as a general reduction to materials and
structures in building envelope; $450,000 as a general
reduction to lighting and $100,000 for appliance technology
introduction partnerships/climate change action plan in
building equipment; and $3,060,000 as a general reduction to
the codes and standards program, consistent with the
moratorium on issuing new standards (see amendment No. 157).
Changes to the amount proposed by the House for the
industry program include an increase of $3,000,000 in
industrial wastes to maintain the NICE3 program at the fiscal
year 1995 level and decreases of $300,000 for combustion in
the municipal solid waste program, $1,000,000 as a general
reduction to the metals initiative in the materials and
metals processing program with the expectation that none of
the reduction is to be applied to the electrochemical
dezincing project, $200,000 as a general reduction for
alternative feedstocks and $700,000 as a general reduction
for process development in the other process efficiency
program, and $2,000,000 for environmental technology
partnerships in implementation and deployment.
Changes to the amount proposed by the House for the
transportation program include increases of $990,000 for
metal matrix composites in vehicle systems materials;
$200,000 for turbine engine technologies, $200,000 for the
ceramic turbine engine demonstration project, $4,500,000 for
automotive piston technologies, and $612,000 for combustion
and emissions research and development in heat engine
technologies; and $16,228,000 for on-board hydrogen proton
exchange membrane fuel cells and $2,900,000 for fuel cell
research and development in electric and hybrid propulsion
development. Decreases from the House include $1,200,000 for
fuel cells/battery materials and $500,000 as a general
reduction in materials technology; $1,000,000 as a general
reduction in vehicle systems materials; $6,462,000 as a
general reduction to light duty engine technologies in the
heat engine technologies program; and $500,000 for battery
development, $1,000,000 to terminate the phosphoric acid fuel
cell bus program and $15,528,000 as a general reduction for
fuel cell development in the electric and hybrid propulsion
development program.
Changes to the amount proposed by the House for the
technical and financial assistance program include an
increase of $3,250,000 for the weatherization assistance
program and a decrease of $295,000 for the inventions and
innovations program.
The managers have agreed to the Senate bill language
restricting the issuance of new or amended standards in the
codes and standards program (see amendment Nos. 156 and 157).
The managers agree that:
1. The Department should aggressively pursue increased cost
sharing;
2. Projects that prove to be uneconomical or fail to
produce desired results should be terminated;
3. The fiscal year 1997 budget should continue the trend of
program downsizing with the focus on completing existing
commitments;
4. Ongoing programs should not be grouped under the
umbrella of large initiatives and described as new programs
in the budget;
5. There should be no new program starts without compelling
justification and identified funding offsets;
6. the home energy rating system pilot program should be
continued with the existing pilot States; within the funds
available for HERS, the managers expect the department to
work with Mississippi and other non-pilot program States on
the States' home energy rating system;
7. There is no objection to continuing the student vehicle
competition in the transportation program at the current year
funding level;
8. The Department should work with the States to determine
what other programs should be included in a block grant type
program along with the consolidated State energy conservation
program/institutional conservation program;
9. There is no objection to continuing the interagency
agreement with the Department of Housing and Urban
Development for public assisted housing and other low-income
initiatives to the extent that HUD reimburses the Department
for this work;
10. The Office of Industrial Technologies may procure
capital equipment using operating funds, subject to the
existing reprogramming guidelines;
11. The Department should work with the Office of
Management and Budget and the General Services Administration
to ensure

[[Page H11558]]

that agencies fund energy efficiency improvements in Federal
buildings;
12. The Department should increase private sector
investment through energy savings performance contracts in
the Federal energy management program and should develop
mechanisms to be reimbursed for these efforts;
13. The Department should submit a new five year program
plan for the transportation program in light of current
funding constraints; and
14. There are no specific restrictions on the number of
contacts to be let for the long term battery development
effort or activities within the electric and hybrid vehicle
program. Given the level of funding provided, the Department
should examine carefully its options in these areas in close
coordination with its industry cooperators.
Amendment No. 115: Earmarks $140,696,00 for State energy
grant programs instead of $148,946,000 as proposed by the
House and $168,946,000 as proposed by the Senate.
Amendment No. 116: Earmarks $114,196,000 for the
weatherization assistance program instead of $110,946,000 as
proposed by the House and $137,446,000 as proposed by the
Senate.
Amendment No. 117: Earmarks $26,500,000 for the State
energy conservation program as proposed by the Hose instead
of $31,500,000 as proposed by the Senate.

economic regulation

Amendment No. 118: Appropriates $6,297,000 for economic
regulation as proposed by the House instead of $8,038,000 as
proposed by the Senate.
The managers agree that the Office of Hearings and Appeals
should receive reimbursement for work other than petroleum
overcharge cases and related activities are recommended by
the House.

energy information administration

Amendment No. 119: Appropriates $72,266,000 for the Energy
Information Administration instead of $79,766,000 as proposed
by the House and $64,766,000 as proposed by the Senate. The
managers expect the reduction to be applied largely to EIA's
forecasting efforts.

Department of Health and Human Services Indian Health Service

indian health services

Amendment No. 120: Appropriates $1,722,842,000 for Indian
health services instead of $1,725,792,000 as proposed by the
House and $1,815,373,000 as proposed by the Senate. Changes
to the amount proposed by the House include increases of
$1,500,000 for collections and billings, $750,000 for
epidemiology centers, $200,000 for the Indians into
Psychology program, and decreases of $2,000,000 for Indian
health professionals, $3,000,000 for tribal management, and a
$400,000 transfer from hospitals and clinics to facilities
and environmental heath support.
Amendment No. 121: Earmarks $350,564,000 for contract
medical care as proposed by the Senate instead of
$351,258,000 as proposed by the House.
The managers agree that the Indian Self Determination Fund
is to be used only for new and expanded contracts and that
this fund may be used for self-governance compacts only to
the extent that a compact assumes new or additional
responsibilities that had been performed by the IHS.
The managers agree that the fetal alcohol syndrome project
at the University of Washington should be funded at the
fiscal year 1995 level.
The managers are concerned about the adequacy of health
care services available to the Utah Navajo population, and
urge IHS to work with the local health care community to
ensure that the health care needs of the Utah Navajos are
being met. IHS should carefully consider those needs in
designing a replacement facility for the Montezuma Creek
health center.

indian health facilities

Amendmenht No. 122: Appropriates $238,958,000 for Indian
health facilities instead of $236,975,000 as proposed by the
House and $151,227,000 as proposed by the Senate. Changes to
the amount proposed by the House include increases of
$750,000 for the Alaska medical center, $1,000,000 for
modular dental units, $500,000 for injury prevention,
$400,000 for a base transfer from hospitals and clinics, and
a decrease of $667,000 for the Fort Yuma, AZ project.
The managers agree to delay any reprogramming of funds from
the Winnebago and Omaha Tribes' health care facility.
However, given current budget constraints, if issues relative
to the siting and design of the facility cannot be resolved,
the managers will consider reprogramming these funds to other
high priority IHS projects during fiscal year 1996.
The Talihina, OK hospital is ranked sixth on the IHS health
facilities priority list for inpatient facilities. The
Choctaw Nation had developed a financing plan for a
replacement facility. The Choctaw Nation proposes various
funding sources to support its project for a community based
hospital. The managers direct IHS to work with the Choctaw
Nation to identify resources necessary to staff, equip, and
operate the newly constructed facility. The managers will
consider these operational needs in the content of current
budget constraints.
The managers have not agreed to provisions in the Senate
bill requiring the IHS to prepare reports on the distribution
of Indian Health Service professionals and on HIV-AIDs
prevention needs among Indian tribes. While the managers
agree that closer examination of these topics may be
warranted, the resources necessary to conduct adequate
studies are not available at this time.

DEPARTMENT OF EDUCATION

Office of Elementary and Secondary Education

indian education

Amendment No. 123: Appropriates $52,500,000 as proposed by
the House instead of $54,660,000 as proposed by the Senate.
The managers agree that no funding is provided for the
National Advisory Council on Indian Education.

OTHER RELATED AGENCIES

Office of Navajo and Hopi Indian Relocation

salaries and expenses

Amendment No. 124: Appropriates $20,345,000 for the Office
of Navajo and Hopi Indian Relocation as proposed by the
Senate instead of $21,345,000 as proposed by the House.

Smithsonian Institution

salaries and expenses

Amendment No. 125: Appropriates $308,188,000 for Salaries
and Expenses instead of $309,471,000 as proposed by the House
and $307,988,000 as proposed by the Senate.
The $200,000 increase is provided for the Center for
folklife programs specifically for the 1996 Festival of
American Folklife featuring the State of Iowa. This amount is
provided in addition to the $400,000 base funding. The State
of Iowa will contribute $250,000 toward this effort.
Amendment No. 126: Earmarks $30,472,000 as proposed by the
Senate instead of $32,000,000 proposed by the House for the
instrumentation program, collections acquisition and various
other programs.

construction and improvements, national zoological park

Amendment No. 127: Appropriate $3,250,000 for zoo
construction as proposed by the Senate instead of $3,000,000
as proposed by the House. The increase is limited to repairs
and rehabilitation and is not to be used for new exhibits or
expansions.

repair and restoration of buildings

Amendment No. 128: Appropriates $33,954,000 for repair and
restoration of buildings as proposed by the Senate instead of
$24,954,000 as proposed by the House.

construction

Amendment No. 129: Appropriates $27,700,000 for
Construction as proposed by the Senate instead of $12,950,000
as proposed by the House. The managers agree that $15,000,000
is included for the National Museum of the American Indian
Cultural Resource Center; $8,700,000 is included to complete
the construction and equipping of the Natural History East
Court Building and $3,000,000 is for minor construction,
alterations and modifications.
The managers are providing $1,000,000 to be used to
complete a proposed master plan and initiate detailed
planning and design to allow for the development of a
proposed financial plan for the proposed extension at Dulles
Airport for the Air and Space Museum. The managers expect
that the financial plan shall specify, in detail, the phasing
of the project and commitments by the Commonwealth of
Virginia and the Smithsonian toward construction and
operation of the facility.
The managers agree that no Federal funds, beyond the costs
of planning and design, will be available for the
construction phase of this project.
The managers have provided $15,000,000 for the continued
construction of the National Museum of the American Indian
Cultural Resource Center in Suitland, Maryland. This amount
will bring the Federal contribution to date for this project
to $40,900,000. The managers have agreed that no additional
Federal funds will be appropriated for this project.
The managers also strongly encourage the Smithsonian to
develop alternative cost scenarios for the proposed National
Museum of the American Indian Mall Museum including
downsizing of the building and decreasing the amount of
Federal funding.
Amendment No. 130: The managers agree to concur with the
Senate amendment which strikes the House provision permitting
a single procurement for construction of the American Indian
Cultural Resources Center. The managers understand that
authority provided previously for such purposes is
sufficient.

National Gallery of Art

Salaries and Expenses

Amendment No. 131: Appropriates $51,844,000 for salaries
and expenses as proposed by the Senate instead of $51,315,000
as proposed by the House.

Repair, Restoration and Renovation of Buildings

Amendment No. 132: Appropriates $6,442,000 for repair,
restoration and renovation of buildings instead of $5,500,000
as proposed by the House and $7,385,000 as proposed by the
Senate.

John F. Kennedy Center for the Performing Arts

Operations and Maintenance

Amendment No. 133: Appropriates $10,323,000 for operations
and maintenance as proposed by the Senate, instead of
$9,800,000 as proposed by the House.

[[Page H11559]]

Amendment No. 134: Includes Senate provision which amends
40 U.S.C. 193n to provide the Kennedy Center with the same
police authority as the Smithsonian Institution and the
National Gallery of Art. The House had no similar provision.

Woodrow Wilson International Center for Scholars

Salaries and Expenses

Amendment No. 135: Appropriates $5,840,000 for the Woodrow
Wilson International Center for Scholars instead of
$5,840,100 as proposed by the House and $6,537,000 as
proposed by the Senate.
The managers continue to have serious concerns about the
total costs associated with the proposed move to the Federal
Triangle building. Until such time as both the House and
Senate Appropriations Committees' concerns are satisfactorily
addressed, no funds may be used for this purpose.

National Foundation on the Arts and the Humanities

National Endowment for the Arts

grants and administration

Amendment No. 136: Appropriates $82,259,000 for grants and
administration as proposed by the House instead of
$88,765,000 as proposed by the Senate.
Amendment No. 137: Deletes House language making NEA
funding contingent upon passage of a House reauthorization
bill. The Senate had no similar provision.
The managers on the part of the House continue to support
termination of NEA within two years, and do not support
funding beyond FY 1997. The managers on the part of the
Senate take strong exception to the House position, and
support continued funding for NEA. The managers expect this
issue to be resolved by the legislative committees in the
House and Senate.

matching grants

Amendment No. 138: Appropriates $17,235,000 for matching
grants as proposed by the House instead of $21,235,000 as
proposed by the Senate.
Amendment No. 139: Deletes House language making funding
for NEA contingent upon passage of a House reauthorization
bill.

National Endowment for the Humanities

grants and administration

Amendment No. 140: Appropriates $94,000,000 for grants and
administration as proposed by the Senate instead of
$82,469,000 as proposed by the House.
The managers on the part of the House continue to support a
phase out of NEH within three years, and do not support
funding beyond FY 1998. The managers on the part of the
Senate take strong exception to the House position, and
support continued funding for NEH. The managers expect this
issue to be resolved by the legislative committees in the
Hose and Senate.

matching grants

Amendment No. 141: Appropriates $16,000,000 for matching
grants as proposed by the Senate instead of $17,025,000 as
proposed by the House.
Amendment No. 142: Earmarks $10,000,000 for challenge
grants as proposed by the Senate instead of $9,180,000 as
proposed by the House.

Advisory Council on Historic Preservation

salaries and expenses

Amendment No. 143: Appropriates $2,500,000 for salaries and
expenses as proposed by the Senate instead of $3,063,000 as
proposed by the House.
While the Advisory Council works closely with Federal
agencies and departments, the National Park Service and State
historic preservation officers, it does not have
responsibility for designating historic properties, providing
financial assistance, overriding other federal agencies'
decisions, or controlling actions taken by property owners.
The managers encourage those Federal agencies and
departments which benefit from the Advisory Council's expert
advice to assist in covering these costs. The managers are
concerned that some Advisory Council activities may duplicate
those conducted by other preservation agencies. Therefore,
the managers direct the Advisory Council to evaluate ways to
recover the costs of assisting Federal agencies and
departments through reimbursable agreements and to examine
its program activities to identify ways to eliminate any
duplication with other agencies. The Advisory Council shall
report its findings to the Congress by March 31, 1996.

Franklin Delano Roosevelt Memorial Commission

salaries and expenses

Amendment No. 144: Appropriates $147,000 as proposed by the
Senate instead of $48,000 as proposed by the House.

Pennsylvania Avenue Development Corporation

salaries and expenses

Amendment No. 145: Appropriates no funds as proposed by the
Senate instead of $2,000,000 as proposed by the House.

public development

Amendment No. 146: Modifies language proposed by the Senate
allowing the use of prior year funding for operating and
administrative expenses. The modification allows the use of
prior year funding for shutdown costs in addition to
operating costs. In addition, prior year funds may be used to
fund activities associated with the functions transferred to
the General Services Administration. The House had no similar
provision.
The managers agree that not more than $3,000,000 in prior
year funds can be used for operating, administrative
expenses, and shutdown costs for the Pennsylvania Avenue
Development Corporation. The managers direct that the orderly
shutdown of the Corporation be accomplished within six months
from the date of enactment of this Act. No staff should be
maintained beyond April 1, 1996. The managers agree that
Pennsylvania Avenue Development Corporation staff associated
with the Federal Triangle project should be transferred to
the General Services Administration, and provision for the
transfer has been included in the Treasury-Postal Services
Appropriations bill.

United States Holocaust Memorial Council

holocaust memorial council

Amendment No. 147: Appropriates $28,707,000 for the
Holocaust Memorial Council as proposed by the House instead
of $26,609,000 as proposed by the Senate.
Amendment No. 148: Restores language proposed by the House
and stricken by the Senate providing that $1,264,000 for the
Museum's exhibition program shall remain available until
expended.

TITLE III--GENERAL PROVISIONS

Amendment No. 149: Retains Senate provision making a
technical correction to Public Law 103-413.
Amendment No. 150: Includes Senate provision that any funds
used for the Americorps program are subject to the
reprogramming guidelines, and can only be used if the
Americorps program is funded in the VA-HUD and Independent
Agencies fiscal year 1996 appropriations bill. The House
prohibited the use of any funds for the Americorps program.
Since the Northwest Service Academy (NWSA) is funded
through fiscal year 1996, the managers agree that the
agencies are not prohibited from granting the NWSA a special
use permit, from using the NWSA to accomplish projects on
agency-managed lands or in furtherance of the agencies'
missions, or from paying the NWSA a reasonable fee-for-
service for projects.
Amendment No. 151: Modifies House language stricken by the
Senate transferring certain responsibilities from the
Pennsylvania Avenue Development Corporation to the General
Services Administration, National Capital Planning
Commission, and the National Park Service. The modification
transfers all unobligated and unexpended balances to the
General Services Administration. The Senate had no similar
provision.
Amendment No. 152: Modifies House and Senate provisions
relating to the Interior Columbia River Basin ecoregion
management project (the Project). The House and Senate
contained different language on the subject, but both
versions were clear in their position that the Project has
grown too large, and too costly to sustain in a time of
shrinking budgets. In addition, the massive nature of the
undertaking, and the broad geographic scope of the decisions
to be made as part of a single project has raised concerns
about potential vulnerability to litigation and court
injunctions with a regionwide impact. The language included
in the conference report reflects a compromise between the
two versions.
Subsection (b) appropriated $4,000,000 for the completion
of an assessment on the National forest system lands and
lands administered by the BLM within the area encompassed by
the Project, and to publish two draft Environmental Impact
Statements on the Project. The Forest Service and BLM should
rely heavily on the eastside forest ecosystem health
assessment in the development of the assessment and DEIS's,
in particular, volume II and IV provide a significant amount
of the direction necessary for the development of an
ecosystem management plan. This document has already been
peer reviewed and widely distributed to the public.
Therefore, the collaborative efforts by many scientists can
be recognized.
The two separate DEIS's would cover the project region of
eastern Washington and Oregon, and the project region of
Montana and Idaho, and other affected States. The language
also directs project officials to submit the assessment and
two DEIS's to the appropriate House and Senate committees for
their review. The DEIS's are not decisional and not subject
to judicial review. The managers have included this language
based upon concern that the publication of DEIS's of this
magnitude would present the opportunity for an injunction
that would shut down all multiple use activities in the
region.
The assessment shall contain a range of alternatives
without the identification of a preferred alternative or
management recommendation. The assessment will also provide a
methodology for conducting any cumulative effects analysis
required by section 102(2) of NEPA, in the preparation of
each amendment to a resource management plan.
The assessment shall also include the scientific
information and analysis conducted by the Project on forest
and rangeland health conditions, among other considerations,
and the implications of the management of these conditions.
Further, the assessment and DEIS's shall not be subject to
consultation or conferencing under section 7

[[Page H11560]]

of the Endangered Species Act, nor be accompanied by any
record of decision required under NEPA.
Subsection (c) states the objective of the managers that
the district manager of the Bureau of Land Management or the
forest supervisor of the Forest Service use the DEIS's as an
information base for the development of individual plan
amendments to their respective forest plan. The managers
believe that the local officials will do the best job in
preparing plan amendments that will achieve the greatest
degree of balance between multiple use activities and
environmental protection.
Upon the date of enactment, the land managers are required
to review their resource management plan for their forest,
together with a review of the assessment and DEIS's, and
based on that review, develop or modify the policies laid out
in the DEIS or assessment to meet the specific conditions of
their forest.
Based upon this review, subsection (c)(2) directs the
forest supervisor or district manager to prepare and adopt an
amendment to meet the conditions of the individual forest. In
an effort to increase the local participation in the plan
amendment process, the district manager or forest supervisor
is directed to consult with the governor, and affected county
commissioners and tribal governments in the affected area.
Plan amendments should be site specific, in lieu of
imposing general standards applicable to multiple sites. If
an amendment would result in a major change in land use
allocations within the forest plan, such an amendment shall
be deemed a significant change, and therefore requiring a
significant plan amendment or equivalent.
Subsection (c)(5) strictly limits the basis for individual
plan amendments in a fashion that the managers intend to be
exclusive.
Language has been included to stop duplication of
environmental requirements. Subsection (c)(6)(A) states that
any policy adopted in an amendment that modifies, or is an
alternative policy, to the general policies laid out in the
DEIS's and assessment document that has already undergone
consultation or conferencing under section 7 of the ESA,
shall not again be subject to such provisions. If a policy
has not undergone consultation or conferencing under section
7 of the ESA, or if an amendment addresses other matters,
however, then that amendment shall be subject to section 7.
Amendments which modify or are an alternative policy are
required to be adopted before July 31, 1996. An amendment
that is deemed significant, shall be adopted on or before
December 31, 1996. The policies of the Project shall no
longer be in effect on a forest on or after December 31,
1996, or after an amendment to the plan that applies to that
forest is adopted, whichever comes first.
The managers have included language specific to the
Clearwater National Forest, as it relates to the provisions
of this section. The managers have also included language to
clarify that the documents prepared under this section shall
not apply to, or be used to regulate non-Federal lands.
Amendment No. 153: Includes a modified version of
provisions included by both the House and Senate relating to
a recreational fee demonstration program. This pilot program
provides for testing a variety of fee collection methods
designed to improve our public lands by allowing 80 percent
of fees generated to stay with the parks, forests, refuges
and public lands where the fees are collected. There is a
tremendous backlog of operational and maintenance needs that
have gone unmet, while at the same time visits by the
American public continue to rise. The public is better served
and more willing to pay reasonable user fees if they are
assured that the fees are being used to manage and enhance
the sites where the fees are collected.
Most of the provisions of the Senate amendment are
incorporated into the amendment agreed to by the managers,
which provides for the following:
(1) The maximum number of demonstration sites per agency is
extended from 30 to 50.
(2) The time period for the demonstration is extended from
one year to three years and these funds remain available for
three years after the demonstration period ends.
(3) Agencies may impose a fine of up to $100 for violation
of the authority to collect fees established by this program.
(4) The more simplified accounting procedures proposed by
the Senate are adopted, such that fewer Treasury accounts
need to be established than proposed by the House.
(5) In those cases where demonstrations had fee collections
in place before this provision, fees above the amounts
collected in 1995 (plus 4% annually) are to be used for the
benefit of the collection site or on an agency-wide basis.
The other fees collected will be treated like they are at
non-demonstration sites, except funds withheld to cover fee
collection costs for agencies other than the Fish and
Wildlife Service will remain available beyond the fiscal year
in which they are collected.
(6) For those Fish and Wildlife Service demonstrations
where fees were collected in fiscal year 1995, the fees
collected, up to the 1995 level (plus 4% annually), are
disbursed as they were in 1995.
(7) The agencies have been provided more latitude in
selecting demonstration sites, areas or projects. These
demonstrations may include an entire administrative unit,
such as a national park or national wildlife refuge where
division into smaller units would be difficult to administer
or where fee collections would adversely affect visitor use
patterns.
(8) The Secretaries are directed to select and design the
demonstration projects in a manner which will provide optimum
opportunities to evaluate the broad spectrum of resource
conditions and recreational opportunities on Federal lands,
including facility, interpretation, and fish and wildlife
habitat enhancement projects that enhance the visitor
experience.
(9) Vendors may charge a reasonable markup or commission to
cover their costs and provide a profit.
(10) Each Secretary shall provide the Congress a brief
report describing the selected sites and fee recovery methods
to be used by March 31, 1996, and a report which evaluates
the pilot demonstrations, including recommendations for
further legislation, by March 31, 1999. The reports to
Congress are to include a discussion of the different sites
selected and how they represent the geographical and
programmatic spectrum of recreational sites and habitats
managed by the agencies. The diversity of fee collection
methods and fair market valuation methods should also be
explained.
(11) In order to maximize funding for start-up costs,
agencies are encouraged to use existing authority in
developing innovative implementation strategies, including
cooperative efforts between agencies and local governments.
(12) Although the managers have not included the Senate
amendment language regarding geographical discrimination on
fees, the managers agree that entrance, tourism, and
recreational fees should reflect the circumstances and
conditions of the various States and regions of the country.
In setting fees, consideration should be given to fees
charged on comparable sites in other parts of the region or
country. The four agencies are encouraged to cooperate fully
in providing additional data on tourism, recreational use, or
rates which may be required by Congress in addressing the fee
issue.
(13) The managers request that the General Accounting
Office conduct a study and report to the Appropriations
Committees by July 31, 1996 on the methodology and progress
made by the Secretaries to implement this section.
Amendment No. 154: Deletes House language relating to
salvage timber sales in the Pacific Northwest, and
substitutes language which makes a technical correction to
the emergency salvage timber program, Sec. 2001(a)(2) of
Public Law 104-19 that changes the ending date of the
emergency period to December 31, 1996. This correction is
necessary to conform to the expiration date in Sec. 2001(j).
The Senate included no similar provision.
Amendment No. 155: Retains the House language stricken by
the Senate prohibiting the use of funds for the Mississippi
River Corridor Heritage Commission.
Amendment No. 156: Deletes House language stricken by the
Senate placing a moratorium on the issuance of new or amended
standards and reducing the codes and standards program in the
Department of Energy by $12,799,000 and inserts language
regarding grazing at Great Basin National Park. The codes and
standards issue is discussed under the energy conservation
portion of this statement.
Amendment No. 157: Deletes language proposed by the House
and stricken by the Senate and retains Senate alternative
language providing for a one-year moratorium on new or
amended standards by the Department of Energy. This issue is
discussed under the energy conservation portion of this
statement.
Amendment No. 158: Modifies House mining patent moratorium
that was stricken and replaced by the Senate with fair market
value legislation for mining patents. The conference
agreement continues the existing moratorium on the issuance
of mining patents that was contained in the fiscal year 1995
Interior and Related Agencies Appropriations Act until (1) a
concurrent resolution containing reconciliation instructions
for fiscal year 1996 is enacted into law that contains
provisions relating to the patenting of, and payment of
royalties to, such claims, or (2) an agreement is approved by
both the House and Senate in an identical form on other
legislation containing provisions relating to the patenting
of, payment of royalties on, and reclamation of such claims.
In the latter case, reclamation will be defined in any such
legislation.
The agreement further requires the Secretary of the
Interior within three months of the enactment of this Act to
file with the House and Senate Appropriations Committees and
the authorizing committees a plan which details how the
Department will take final action on at least 90 percent of
such applications within three years of enactment of this
Act, and take such actions as necessary to carry out such
plan. In order to process more expeditiously the class of
exempted patent applications that are allowed to proceed
under the moratorium, the Secretary shall require an
applicant to fund the retention by the Bureau of Land
Management of a qualified third-party contractor to conduct a
mineral examination of the mining claims or mill sites
contained in the patent application. BLM will have sole
responsibility to choose and pay the third-party contractor.
Amendment No. 159: Includes the Senate provision which
prohibits funding for the Office of Forestry and Economic
Development after December 31, 1995. The House had no similar
provision.

[[Page H11561]]

Amendment No. 160: Retains language inserted by the Senate
prohibiting redefinition of the marbled murrelet nesting area
or modification to the protocol for surveying marbled
murrelets. The House had no similar provision.
Amendment No. 161: Retains language inserted by the Senate
authorizing the Secretary of the Interior to exchange land in
Washington State with the Boise Cascade Corporation. The
House had no similar language.
Amendment No. 162: Includes Senate provision which creates
a new Timber Sales Pipeline Restoration Fund at the
Departments of the Interior and Agriculture to partially
finance the preparation of timber sales from the revenues
generated from the section 318 timber sales that are released
under section 2001(k) of Public law 104-19. The House
included no similar provision.
Amendment No. 163: Deletes language proposed by the Senate
which would prohibit use of funds for travel and training
expenses for the Bureau of Indian Affairs or the Office of
Indian Education for education conferences or training
activities.
The managers expect the Bureau of Indian Affairs and the
Office of Indian Education to monitor carefully the funds
used for travel and training activities. The managers are
concerned about the cost of travel and training associated
with national conferences attended by school board members or
staff of schools funded by the Bureau of Indian Affairs.
Because of the funding constraints faced by the Bureau, the
managers expect that priority will be given to funding those
activities which directly support accreditation of Bureau
funded schools and covering costs associated with increased
enrollment.
Amendment No. 164: Retains language inserted by the Senate
prohibiting the award of grants to individuals by the
National Endowment for the Arts except for literature
fellowships, National Heritage fellowships and American Jazz
Masters fellowships. The House had no similar provisions.
Amendment No. 165: Includes Senate provision which delays
implementation or enforcement of the Administration's
rangeland reform program until November 21, 1995. The House
included no similar provision.
Amendment No. 166: Strikes Senate section 331 pertaining to
submission of land acquisition projects by priority ranking.
Priorities should continue to be identified in the budget
request and justifications.
Amendment No. 167: Includes Senate provision that makes
three changes to existing law relating to tree spiking. Costs
incurred by Federal agencies, businesses and individuals to
detect, prevent and avoid damage and injury from tree
spiking, real or threatened, may be included as ``avoidance
costs'' in meeting the threshold of $10,000 required for
prosecution. The language doubles the discretionary maximum
penalties for prison terms to 40 years for incidents
resulting in the most severe personal injury. Those injured
would have recourse to file civil suits to recover damages
under this law. The House had no similar provision.
Amendment No. 168: Modifies Senate language restricting
grants that denigrate adherents to a particular religion. The
modification specifies that this restriction applies to NEA
and incorporates Senate language from Amendment No. 169
restricting NEA Grants for sexually explicit material. The
House had no similar provision.
Amendment No. 169: Deletes Senate language restricting NEA
grants for sexually explicit material. This issue is
addressed in Amendment No. 168.
Amendment No. 170: Deletes language inserted by the Senate
extending the scope of the Arts and Artifacts Indemnity Act.
The House had no similar provision. The amendment also
inserts language providing that former Bureau of Mines
activities, which are being transferred to other accounts,
are paid for from those accounts for all of fiscal year 1996
and changes a section number.
Amendment No. 171: Deletes language inserted by the Senate
mandating energy savings at Federal facilities. The House had
no similar provision.
Amendment No. 172: Deletes Senate amendment requiring the
Indian Health Service to prepare a report on the distribution
of Indian Health Service professionals. The House had no
similar provision.
Amendment No. 173: Deletes Senate amendment requiring the
Indian Health Service to prepare a report on HIV-AIDS
prevention needs among Indian tribes. The House had no
similar provision.

application of general reductions

The level at which reductions shall be taken pursuant to
the Deficit Reduction Act of 1985, if such reductions are
required in fiscal year 1996, is defined by the managers as
follows:
As provided for by section 2576(1)(2) of Public Law 99-177,
as amended, and for the purposes of a Presidential Order
issued pursuant to section 254 of said Act, the term
``program, project, and activity'' for items under the
jurisdiction of the Appropriations Subcommittees on the
Department of the Interior and Related Agencies of the House
of Representatives and the Senate is defined as (1) any item
specifically identified in tables or written material set
forth in the Interior and Related Agencies Appropriations
Act, or accompanying committee reports or the conference
report and accompanying joint explanatory statement of the
managers of the committee of conference; (2) any Government-
owned or Government-operated facility; and (3) management
units, such as national parks, national forests, fish
hatcheries, wildlife refuges, research units, regional, State
and other administrative units and the like, for which funds
are provided in fiscal year 1996.
The managers emphasize that any item for which a specific
dollar amount is mentioned in an accompanying report,
including all changes to the budget estimate approved by the
Committees, shall be subject to a percentage reduction no
greater or less than the percentage reduction applied to all
domestic discretionary accounts.

conference total--with comparisons

The total new budget (obligational) authority for the
fiscal year 1996 recommended by the Committee of Conference,
with comparisons to the fiscal year 1995 amount, the 1996
budget estimates, and the House and Senate bills for 1996
follow:

New budget (obligational) authority, fiscal year 1995...$13,519,230,000
Budget estimates of new (obligational) authority, fiscal 13,817,404,000
House bill, fiscal year 1996.............................11,984,603,000
Senate bill, fiscal year 1996............................12,053,099,000
Conference agreement, fiscal year 1996...................12,114,636,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year 1995-1,404,594,000
Budget estimates of new (obligational) authority, fis-1,702,768,000
House bill, fiscal year 1996...........................+130,033,000
Senate bill, fiscal year 1996...........................+61,537,000

Ralph Regula,
Joseph M. McDade,
Jim Kolbe,
Joe Skeen,
Barbara F. Vucanovich,
Charles H. Taylor,
George R. Nethercutt, Jr.,
Jim Bunn,
Bob Livingston,
Managers on the Part of the House.

Slade Gorton,
Ted Stevens,
Thad Cochran,
Mark O. Hatfield,
Conrad Burns,
Robert F. Bennett,
Connie Mack,
Robert C. Byrd,
J. Bennett Johnston,
Patrick J. Leahy,
Fritz Hollings,
Harry Reid,
Managers on the Part of the Senate.

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