Summary: H.R.5769 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (10/27/1990)

Department of the Interior and Related Agencies Appropriations Act, 1991 - Title I: Department of the Interior - Makes appropriations for FY 1991 within the Department of the Interior for: (1) the Bureau of Land Management; (2) the U.S. Fish and Wildlife Service; (3) the National Park Service; (4) the Geological Survey; (5) the Minerals Management Service; (6) the Bureau of Mines; (7) the Office of Surface Mining Reclamation and Enforcement; (8) the Bureau of Indian Affairs; (9) the Office of Territorial and International Affairs; and (10) the Departmental offices, including the Office of the Secretary, the Office of the Solicitor, the Office of Construction Management, the Office of the Inspector General, and the National Indian Gaming Commission.

Establishes in the Treasury a working capital fund to assist in the management of certain support activities of the Geological Survey.

Allows the transfer of funds by the Secretary of the Interior for the emergency replacement, reconstruction, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes.

Allows transfer of funds for suppression or emergency prevention of forest fires and for response to other emergency situations.

Prohibits the use of funds for the conduct of leasing or related activities on areas within the Eastern Gulf of Mexico, Central, Southern and Northern California, Washington, Oregon, and the North Atlantic.

Prohibits the use of appropriated funds to finance the changing of the name of Mount McKinley.

Prohibits the use of funds for the preparation for, or conduct of, pre-leasing and leasing activities of lands within a certain area of the Outer Continental Shelf off the coastline of Massachusetts or specified lands surrounding Georges Bank.

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.

Prohibits the use of funds for leasing or drilling or other exploration activity on lands within the North Aleutian Basin planning area.

Prohibits the use of funds for preleasing and leasing activities for Outer Continental Shelf Lease Sale 137 in the Eastern Gulf of Mexico.

Authorizes the Secretary of the Interior to exercise certain authorities in the administration of the Department of the Interior Museum.

Allows the use of funds to provide nonmonetary awards of nominal value to contributors to Department of the Interior programs. Allows the use of funds to pay incidental costs of volunteers working on programs of the Department.

Prohibits the use of funds to evict, or demolish the homes or structures, of those members of the Yakima Indian Tribe presently residing at Federal in lieu of fishing sites located at Cooks Landing and Underwood in the State of Washington.

Allows certain mining claims holders to file an action for inverse condemnation against the United States at least until December 31, 1999. Establishes an appraisal process for validity determinations.

Modifies the boundaries of the Cranberry Wilderness.

Title II: Related Agencies - Makes appropriations for FY 1991 for the Department of Agriculture for the Forest Service.

Designates "Crooks Peak" in California.

Prohibits clearcutting or other forms of even-age management in hardwood timber stands in the Wayne National Forest, Ohio, or the Shawnee National Forest, Illinois.

Prohibits the use of funds for the construction of any motel-restaurant or similar accommodations on lands within the Allegheny National Forest, Pennsylvania.

Provides for a five percent increase in funds allocated to certain Forest Service programs in FY 1992, to be derived from timber receipts, if a specific forest achieves its timber sale offer and pipeline preparation targets in FY 1991.

Authorizes the Forest Service to employ or contract with persons to perform work occasioned by various emergencies.

Authorizes the Chief of the Forest Service to establish an advisory committee on the Ouachita National Forest to advise the Forest Supervisor on the new Forest Plan.

Amends Federal law to increase the authorized amount to be spent for recreational facilities for Forest Service employees at isolated locations.

Directs the Forest Service to begin the preparation of all environmental documents necessary to implement the management goals, policies, standards, and guidelines contained in land and resource management plans on the national forests in Region 6, Oregon and Washington.

Makes appropriations for the Department of Energy for, among other things, the clean coal technology, fossil energy research and development, the SPR (Strategic Petroleum Reserve), and the SPR Account.

Makes appropriations to the Department of Health and Human Services for the Indian Health Service for Indian health services and facilities.

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; (3) the Institute of American Indian and Alaska Native Culture and Arts Development; (4) the Smithsonian Institution; (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) the National Gallery of Art (NGA); (9) repair, restoration, and renovation buildings of the NGA; and (10) the Woodrow Wilson International Center for Scholars.

Makes appropriations for: (1) the National Foundation on the Arts and the Humanities for the National Endowment for the Arts and the National Endowment for the Humanities; (2) the Institute of Museum Services; (3) the Commission of Fine Arts; (4) National Capital arts and cultural affairs; (5) the Advisory Council on Historic Preservation; (6) the National Capital Planning Commission; (7) the Franklin Delano Roosevelt Memorial Commission; (8) the Pennsylvania Avenue Development Corporation; and (9) the U.S. Holocaust Memorial Council.

Sets forth uses and prohibitions on uses of such funds.

Title III: General Provisions - Sets forth uses and limitations or prohibitions on uses of funds appropriated by this Act.

Prohibits the use of funds to implement a transfer of property located within the city of Minneapolis from the Department of Housing and Urban Development to any Indian tribe.

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

Prohibits the use of funds in this Act for the sale of timber from giant sequoia trees which are located on National Forest System or Bureau of Land Management lands.

Specifies required percentage payments to be made by the U.S. Government: (1) to the Oregon and California land-grant counties in the State of Oregon for their share of land-grant receipts collected during the three-year baseline period of FY 1988 through 1990; and (2) to States affected by decisions relating to the Northern Spotted Owl from FY 1991 receipts collected during such period.

Makes appropriations to the Forest Service to prepare the Supplement to the Final Environmental Impact Statement (SEIS) for the proposed Early Winters Alpine Sports Site in the Methow Valley, Washington. Provides for judicial challenges to decisions or actions of the Forest Service with respect to the SEIS, restricting such challenges to the United States Court for the District of Oregon.

Prohibits funds under this Act (the Department of the Interior and Related Agencies Appropriations Act, 1991) or any other Act from being used by the Department of the Interior or the Forest Service or the Department of Agriculture to make reimbursements to any other Federal department for litigation costs associated with the Prince William Sound oilspill.

Amends Federal law to exempt home mortgage guarantees from certain reporting requirements.

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

Prohibits the use of funds to ensure that hardwood saw timber harvested from Federal lands east of the 100th meridian is marked in such a manner to make it readily identifiable at all times before its manufacture.

Provides for an administrative site for Great Basin National Park, Nevada under the jurisdiction of the National Park Service.

Directs the Secretary of the Interior to report to the Congress on lands in Alaska which were transferred under the Native Claims Settlement Act and subsequently discovered to be contaminated.

Arts, Humanities, and Museums Amendments of 1990 - Title I: Amendments to the National Foundation on the Arts and Humanities Act of 1965 - Amends the National Foundation on the Arts and the Humanities Act of 1965 (NFAHA) to include all those traditional arts practiced by the diverse peoples of this country under the definition of "the arts."

Defines a "developing arts organization" as a local arts organization of high artistic promise which: (1) serves as an important source of local arts programming in a community; and (2) has the potential to develop artistically and institutionally to broaden public access to the arts in rural and inner city areas and other areas that are underserved artistically.

Defines "obscene" as something determined to be obscene by a final judgment of a court of record and of competent jurisdiction in the United States. Includes among supportable projects those that: (1) develop and enhance the widest public education in the arts; (2) encourage public education in the arts; (3) enhance managerial and organizational skills and capacities; (4) have national or international significance; or (5) projects, productions, and workships through film, radio, video, and similar media to broaden public access to the arts.

Requires the Chairperson of the National Endowment for the Arts (NEA) to ensure that: (1) artistic excellence and merit are the criteria by which applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public; and (2) NEA regulations and procedures clearly indicate that obscenity is without artistic merit, is not protected speech, and shall not be funded. Prohibits NEA funding of projects, productions, workshops, and programs determined to be obscene. Declares that disapproval or approval of such an application by the Chairperson shall not be construed to mean or considered as evidence that the project, etc. is or is not obscene.

Requires State applications for NEA financial assistance to describe levels of participation in assisted projects by artists and arts organizations and of the availability of such projects to all people and communities in the State for the most recent preceding year for which information is available.

Authorizes NEA contracts or grants to public agencies and private nonprofit organizations to stimulate artistic activity and awareness which are in keeping with the varied cultural traditions of this Nation.

Directs the NEA Chairperson to continue to develop and employ practical national information systems on the arts to prepare quadrennial (currently, biennial) state of the arts information to the public.

Revises NEA application, assistance distribution, and compliance review requirements.

Directs the NEA Chairperson to require a recipient to repay any NEA financial assistance used for a project, production, workshop, or program determined to be obscene, before such recipient may receive any subsequent financial assistance.

Authorizes the NEA Chairperson to establish a program of contracts with or grants to States for: (1) raising artistic capabilities of developing organizations by providing for artistic, programmatic, and staff development and technical assistance for organization, financial management, and long-range fiscal planning; and (2) stimulating artistic activity and awareness and broadening public access to the arts in rural, inner city, and other underserved areas.

Establishes a new program of grants and contracts for access to the arts through support of education to: (1) foster and encourage exceptional talent, public knowledge, understanding, and appreciation of the arts; and (2) support the education, training, and development of this Nation's artists. Directs the NEA Chairperson to appoint an advisory council on arts education.

Revises certain requirements for the National Council on the Arts. Requires Council member appointments to represent equitably all U.S. geographic areas. Requires all policy meetings of the Council to be open to the public. Requires the Council to: (1) create written records summarizing all its meetings, discussions, and recommendations to the NEA Chairperson; and (2) make such records available to the public in a manner that protects the privacy of individual applicants, panel members, and Council members. Requires Council recommendations with respect to the approval of each application and the amount of financial assistance (if any). Repeals the NEA Chairperson's current authority to approve or disapprove an application before receiving the Council's recommendation if the Council fails to make it within a reasonable time. Requires an expressed and direct delegation of authority from the Council before the NEA Chairperson may approve or disapprove an application involving $30,000 or less. Grants the NEA Chairperson final authority to approve each application, but: (1) allows the Chairperson to provide an applicant only the amount of financial assistance recommended by the Council; and (2) prohibits the Chairperson from approving an application with respect to which the Council makes a negative recommendation. Directs the Council to make recommendations to the Chairperson concerning: (1) whether to approve applications for specified types of financial assistance that are determined by panels to have artistic excellence and merit; and (2) the amount of financial assistance the Chairperson should provide with respect to each such application.

Revises provisions for the National Endowment for the Humanities (NEH). Authorizes the NEH Chairperson to enter in arrangements to carry out various NEH functions and programs.

Provides for NEH initiation and support of training and workshops in the humanities through arrangements with institutions or individuals.

Authorizes NEH financial assistance to foster programs and projects that provide access to and preserve materials important to research, education, and public understanding of the humanities.

Provides for coordination (currently correlation) of NEH programs with other Federal and non-Federal programs.

Revises provisions for designation of State administrative agencies for purposes of NEH financial assistance.

Requires information for the most recent preceding year for which information is available on: (1) public meetings held for presentation of public views and recommendations for State plans; and (2) State plan descriptions of levels of participation in assisted programs by scholars and scholarly organizations and of the availability of such programs to all people and communities in the State.

Directs the NEH Chairperson to continue to develop practical national information systems on the humanities to prepare quadrennial (currently, biennial) state of the humanities reports for the President and the Congress.

Allows a group to be eligible for certain NEH financial assistance only if: (1) no part of its net earnings incurs to the benefit of any private stockholder or individual; and (2) donations to such group are allowable as a charitable contribution under specified Internal Revenue Code standards.

Authorizes the following NEH annual awards: (1) the Jefferson Lecture in the Humanities, for distinguished intellectual achievement in the humanities; and (2) the Charles Frankel Prize, to up to five persons each year for outstanding contributions to the public's understanding of the humanities.

Directs the Federal Council on the Arts and the Humanities to encourage an ongoing dialogue in support of the arts and humanities among Federal agencies.

Repeals authorization for a study of Federal support to museums by the Federal Council on the Arts and the Humanities.

Directs the NEA Chairperson to use advisory panels to review applications and make recommendations to the National Council on the Arts in all cases except when the Chairperson exercises' specified delegated authority. Requires such review panels to recommend applications for projects, productions, and workshops solely on the basis artistic excellence and merit. Directs the NEA Chairperson to issue regulations and establish procedures to: (1) ensure that all panels are composed, to the extent practicable, of individuals reflecting a wide geographic, ethnic, and minority representation as well as well as diverse artistic and cultural points of view; (2) ensure that all panels include representation of lay individuals knowledgeable but not engaged in the arts as a profession, and not members of artistics' or arts organizations; (3) establish standardized panel procedures, where feasible; (4) require a written record of all panel deliberations and recommendations to be made public in a manner that protects privacy; (5) require use of site visitations to view and report on an applicant's work, where necessary and feasible; and (6) require panel membership to change substantially from year to year, with no appointment to exceed three consecutive years. Prohibits the NEA Chairperson from appointing to serve on a panel any individual who has, or is an employee of an organization which has, a pending application before that panel.

Authorizes appropriations for FY 1991 through 1993 for the NEA and the NEH, including incentive authorizations for both Endowments, and administrative, including official reception and representation, expenses.

Repeals the authority of either Chairperson to transfer excess funds to the other Endowment.

Authorizes appropriations for arts education activities, if the total amount appropriated to the NEA exceeds a certain level in any fiscal year.

Directs the Comptroller General to study and report to specified congressional officials on: (1) Federal, State, and local funding of the arts; and (2) NEA program staffing policies and practices, use of consultants, and use of independent contractors as administrative staff.

Title II: Amendments to the Museum Services Act - Amends the Museum Services Act (MSA) to revise membership and meeting requirements of the National Museum Service Board and certain provisions concerning the Director of the Institute of Museum Services.

Revises provisions relating to the activities of the Institute of Museum Services. Provides for grants to museum collections generally (currently "artifacts and art objects"). Expands eligibility for museum (and also conservation services) funding to include private, nonprofit professional museum or conservation-related organizations, research institutions, universities, or museums (currently only "professional museum organizations"). Removes a one-year limitation on funding of each such project.

Authorizes appropriations FY 1991 through 1993 for: (1) grants to museums to increase and improve museum services; and (2) the Institute of Museum Services.

Requires the Director of the Institute of Museum Services to undertake an assessment of the needs of small, emerging, minority, and rural museums. Authorizes appropriations for each of two fiscal years, but not in any fiscal year in which appropriations for museum services grants are less than a specified amount.

Title III: Amendments to the Arts and Artifacts Indemnity Act - Amends the Arts and Artifacts Indemnity Act to increase the maximum limits, for indemnity agreements under such Act, on: (1) aggregate loss or damage covered by all such agreements at any one time; (2) loss or damage covered for a single exhibition; and (3) the deductible for a single exhibition, according to the amount covered.

Title IV: Miscellaneous - Expresses the sense of the Congress that any recipient of any form of Federal assistance under the Acts amended by this Act should purchase American-made equipment and supplies in expending such assistance. Requires the entity providing such assistance to provide to each recipient a notice describing such sense of the Congress.