Summary: H.R.2788 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
House receded and concurred with amendment (10/03/1989)

Title I: Department of the Interior - Makes appropriations for FY 1990 within the Department of the Interior for the Bureau of Land Management for management of lands and resources, firefighting, construction and access, payments in lieu of taxes, land acquisition, Oregon and California grant lands, range improvements, service charges, deposits and forfeitures, and miscellaneous trust funds.

Sets forth uses and limitations of appropriations made to the Bureau of Land Management.

Appropriates funds for: (1) the U.S. Fish and Wildlife Service for resource management, construction, anadromous fish, land acquisition, and the National Wildlife Refuge Fund; (2) the National Park Service for the operation of the National Park System (including the National Institute for the Conservation of Cultural Property), recreation and preservation programs, the Historic Preservation Fund, construction, land acquisition and State assistance (including acquisition of the Saxton House in Canton, Ohio), the John F. Kennedy Center for the Performing Arts, and the Illinois and Michigan Canal National Heritage Corridor Commission; (3) the Geological Survey for surveys, investigations, and research; (4) the Minerals Management Service for leasing and royalty management; (5) the Bureau of Mines for the conduct of inquiries, technological investigations, and research of mines and minerals; (6) the Office of Surface Mining Reclamation and Enforcement for regulation and technology, and the Abandoned Mine Reclamation Fund; (7) the Bureau of Indian Affairs for the operation of Indian programs, construction, miscellaneous payments, and the Indian Loan Guaranty and Insurance Fund, the Navajo Rehabilitation Trust Fund, and miscellaneous trust funds; (8) the Office of Territorial and International Affairs for administration, for the Trust Territory of the Pacific Islands, and for the Compact of Free Association; and (9) the Secretarial offices, including the Office of the Solicitor for salaries and expenses, the Office of Construction Management, the Office of the Inspector General, and the National Indian Gaming Commission.

Rescinds specified contract authority for FY 1990 for the Land and Water Conservation Fund.

Specifies requirements for inclusion in a procurement for the National Wetlands Research Center.

Makes funds available for the police force of Harpers Ferry, West Virginia.

Directs the National Park Service to prepare an environmental impact statement on alternative levels of development within the Appalachian Trail corridor. Suspends negotiations for any land acquisitions or easements in the study area until such study is completed, and prohibits the implementation of a certain easement during such period.

Makes funds available for the Bicentennial Lighthouse Fund for matching grants.

Provides for the use of amounts for mineral revenue compliance to compensate States and Indian tribes for audit activities.

Authorizes the Secretary of the Interior (Secretary) to convey in fee the decommissioned Keyes Helium Plant, in Keyes, Oklahoma, to the Cimarron Industrial Park Authority, a public trust in Oklahoma.

Directs the Bureau of Indian Affairs to pay general assistance support at the full grant level for the dependent children of eligible Indian reservation residents in Arizona who participate and succeed in Jobs Corps training.

Directs the United States to acquire Madrona Point, Washington, in trust from the Lummi Indian Tribe with the condition that it shall not be developed from any commercial or residential purpose, except for a caretaker dwelling, a visitor or cultural center, or the interment of human remains.

Declares that funds for the administration of territories for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance of capital infrastructure in American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia through assessments of long-range operations and maintenance needs, improved capability of local operations and maintenance institutions, and agencies and project-specific maintenance.

Extends the Alaskan oil spill damage assessment with respect to the Exxon Valdez oil spill through September 30, 1990.

Makes funds available for oilspills if the Secretary determines that such funds are necessary for the protection or restoration of natural resources.

Authorizes the acquisition of aircraft from available resources within the Working Capital Fund.

Makes such appropriations available for expenditure or transfer for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes.

Makes funds available for the suppression or emergency prevention of forest or range fires on or threatening lands under the Department of the Interior jurisdiction, for emergency rehabilitation of burned-over lands, emergency actions related to earthquakes or volcanoes, for control of grasshopper and Mormon Cricket outbreaks on lands under the jurisdiction of the Secretary, and emergency reclamation projects.

Makes appropriations available for the operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy.

Makes appropriations available for the hire, maintenance, and operation of aircraft, hire of passenger motor vehicles, purchase of reprints, payment for telephone service in private residences in the field, and the payment of certain dues when authorized by the Secretary,

Makes appropriations available for uniforms or allowances.

Limits the use of appropriations for services or rentals to contracts not exceeding 12 months.

Prohibits the use of funds to finance the changing of the name of Mount McKinley during FY 1990.

Makes available appropriations to provide insurance on official motor vehicles, aircraft, and boats operated by the Department of the Interior in Canada and Mexico.

Prohibits the use of funds to detail any employee to an organization unless in accordance with Office of Personnel Management regulations.

Prohibits the use of funds for the conduct of leasing or drilling activities on lands within the Eastern Gulf of Mexico or specified lands in Northern California and Alaska.

Prohibits the use of funds for publishing draft environmental impact statements until five months after the President's Outer Continental Shelf Task Force releases a report on specified lease sales or, for FY 1990, certain pre-leasing and leasing activities of lands within a certain area of the Outer Continental Shelf off the coastline of California and Massachusetts or specified lands surrounding Georges Bank.

Requires the Secretary to designate which Department of the Interior agency component or headquarters is to be relocated to Avondale, Maryland.

Prohibits the use of funds for the financing of agreements or arrangements for the management of lands, waters, and interests on Matagorda Island, Texas, which were purchased with amounts from the Land and Water Conservation Fund.

Provides an additional period of time for the conduct of State/tribal negotiations on Class II gaming (bingo and certain card games) in Minnesota.

Prohibits on October 1, 1989, only, the use of funds to prepare reports on contracts between Interior employees and Members of Congress and congressional staff.

Requires the Secretary, by December 1, 1989, to submit to the Congress a framework for the expenditure of funds authorized for the Navajo Rehabilitation Trust Fund.

Title II: Related Agencies - Makes appropriations for FY 1990 for the Department of Agriculture for the Forest Service for forest research, State and private forestry, the National Forest System, construction, land acquisition, the Range Betterment Fund, acquisition of land for national forests and to complete land exchanges, gifts, donations and bequests for forest and rangeland research and the Catastrophic Fire Compensation Fund. Sets forth uses and prohibitions on uses of such funds.

Provides for: (1) a matching grant to the National Arbor Day Foundation for construction of the National Arbor Day Center in Nebraska City, Nebraska; and (2) a grant to the Washington State Parks and Recreation Commission for completion of the Spokane River Centennial Trail, Washington.

Provides for merging certain unobligated funds at the end of FY 1989 with FY 1990 National Forest System appropriations.

Makes appropriations for forest service firefighting.

Declares that monies received from timber salvage sales in FY 1990 shall be considered as money received for making certain payments to local governments for schools and roads.

Appropriates funds for FY 1990 for timber supply, protection and management, research, resource protection, and construction on the Tongass National Forest.

Directs the Forest Service to compensate Davis Sheep Company, Monteview, Idaho, reasonable expenses incurred as a result of the mortality of permitted animals and moving permitted animals from one location to another.

Prohibits the use of funds by the Forest Service to implement a new fee schedule or increase the fees charged for communication site use of lands administered by the Service above levels in effect on January 1, 1989.

Makes appropriations for the Department of Energy for the clean coal technology, fossil energy research and development, alternative fuels production, naval petroleum and oil shale reserves, energy conservation, economic regulation, emergency preparedness, the Energy Information Administration, the SPR (Strategic Petroleum Reserve), and the SPR Account. Sets forth uses and prohibitions on uses of such funds.

Makes appropriations to the Department of Health and Human Services for the Indian Health Service for Indian health services and facilities. Sets forth uses and prohibitions on uses of such funds.

Appropriates funds to: (1) the Department of Education for the Office of Elementary and Secondary Education for Indian education; (2) the Office of Navajo and Hopi Relocation for salaries and expenses; (3) the Institute of American Indian and Alaska Native Culture and Arts Development; (4) the Smithsonian Institution for salaries and expenses; (5) construction and improvements at the National Zoological Park; (6) restoration and renovation of buildings owned or occupied by the Smithsonian Institution; (7) construction at the Whipple Observatory; (8) salaries and expenses of the National Gallery of Art (NGA); (9) repair, restoration, and renovation of buildings of the NGA; and (10) salaries and expenses of the Woodrow Wilson International Center for Scholars.

Makes appropriations for the National Foundation on the Arts and the Humanities for: (1) expenses and matching grants for the National Endowment for the Arts and the National Endowment for the Humanities; (2) the Institute of Museum Services; (3) salaries and expenses for the Commission of Fine Arts, National Capital arts and cultural affairs, the Advisory Council on Historic Preservation, the National Capital Planning Commission, the Franklin Delano Roosevelt Memorial Commission, the Pennsylvania Avenue Development Corporation (as well as for public activities and projects); and (4) the U.S. Holocaust Memorial Council.

Requires the National Endowment for the Arts, 30 days before the award of any direct grant to the Southeastern Center for Contemporary Act in Winston-Salem, North Carolina, or for the Institute of Contemporary Art at the University of Pennsylvania, Pennsylvania, to submit to the House and Senate Committees on Appropriations a notification of its intent to make such an award.

Prohibits the use of funds to process comments on undertakings of Federal agencies, as specified in the National Historic Preservation Act of 1966, on grants or contracts to institutions whose main activity is scientific research.

Title III: General Provisions - Limits procurement contracts for consulting services obtained through appropriations made by this Act to those contracts where expenditures are a matter of public record.

Prohibits the use of appropriations by the Secretaries of Agriculture and of the Interior for the sale of unprocessed timber from Federal lands west of the 100th meridian which will be exported from the United States or which will be used as a substitute for timber from private lands which is exported by the purchaser. Prohibits the Secretaries of the Interior and Agriculture from using such funds for leasing of oil and natural gas by noncompetitive bidding on public lands within the Shawnee National Forest, Illinois. Prohibits the use of such funds for any activity that tends to promote public support for or opposition to legislative proposals on which congressional action is incomplete.

Prohibits the use of funds by the National Endowment for the Arts or the National Endowment for the Humanities to promote, disseminate, or produce materials that may be considered obscene, including but not limited to, depictions of sadomasochism homo-eroticism, the sexual exploitation of children, or individuals engaged in sex acts and which, when taken as a whole, do not have serious literary, artistic, political or scientific value.

Expresses the sense of the Congress with respect to review procedures employed for the awarding of grants by the National Endowment for the Arts. Establishes a temporary Independent Commission to: (1) review the National Endowment for the Arts' grant making procedures; and (2) consider whether the standard for publicly funded art should be different from the standard for privately funded art. Terminates the Commission on September 30, 1990.

Declares that no part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Provides that none of the funds appropriated to any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servant to any officer or employee of such department or agency unless otherwise provided.

Prohibits the use of funds in this Act to evaluate, consider, process, or award oil, gas, or geothermal leases on Federal lands in the Mount Baker-Snoqualmie National Forest, State of Washington.

Prohibits assessments from being levied against any program, budget activity, or project funded by this Act without approval by the Committees on Appropriations.

Provides that employment funded by this Act shall not be subject to any personnel ceiling or other personnel restriction for permanent or other than permanent employment except as provided by law.

Authorizes the Secretaries of the Interior, Agriculture, and Energy, and the Smithsonian Institution to enter into contracts with State and local governments for procurement of services in the presuppression, detection, and suppression of fires.

Prohibits the use of funds for deer hunting in the Loxahatchee National Wildlife Refuge.

Requires the Forest Service and the Bureau of Land Management to develop their respective Forest Land and Resource Management Plans as quickly as possible.

Requires FY 1990 pay raises for programs funded by this Act to be absorbed within the levels appropriated under such Act.

Authorizes the Yurok Transition Team to receive grants and enter into contracts for Federal programs with respect to Federal services and benefits for the Yurok Tribe.

Directs the Secretary of the Army, acting through the Corps of Engineers, to continue engineering and design of the McCook and Thornton Reservoirs.

Declares that an Indian tribe, tribal organization or Indian contractor is deemed to be an employee of the Bureau of Indian Affairs or the Indian Health Service for purposes of claims asserted against them while working under contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 or other specified Federal law.

Directs the Forest Service to assure an immediate supply of timber from the Kootenai National Forest and to protect the environment. Provides for the Forest Service to sell and harvest timber from the lodgepole pine timber type in the Upper Yaak Decision Area. Prohibits construction of new system roads in such area.

Provides for the use of funds collected for quarters rental in the case of tribal contractors who operate programs under the Bureau of Indian Affairs and the Indian Health Service.

Sets forth the timber sale levels from the national forests in Oregon and Washington for FY 1989 and 1990. Requires such sales to minimize fragmentation of potentially significant old growth forest stands in the forests known to contain northern spotted owls.

Directs the Secretaries of the Interior and Agriculture to name advisory boards on a national forest-by-national forest and district-by-district basis to assist the Forest Service and the Bureau of Land Management in reviewing prospective timber sales.

Declares that there shall be only one level of administrative appeal of any decision by the Forest Service and the Bureau of Land Management regarding timber sales from national forests in Oregon and Washington and Oregon public lands containing northern spotted owls.

Requires the Forest Service to submit to plaintiffs in a specified case a list of timber sales which have been prepared for offer in FY 1989 and which contain at least 40 acres of suitable spotted owl habitat. Provides that such timber sales shall not be subject to further judicial review. Provides procedures if a sales agreement is not reached.

Prohibits Federal funds from being expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence a Federal officer or employee, a Member of Congress, an officer or employee of the Congress, or an employer of a Member of Congress in connection with the: (1) awarding of a Federal contract; (2) making of a Federal grant; (3) making of a Federal loan; (4) entering into of a cooperative agreement; or (5) extension or modification of such a contract, grant, loan, or cooperative agreement. Requires each person who requests or receives a Federal contract, grant, loan, or cooperative agreement to file with the appropriate agency a declaration on the use of such monies. Sets forth civil penalties for violations of specified requirements and prohibitions. Requires agencies to make compliance reports to the Congress.