Text: H.R.1096 — 102nd Congress (1991-1992)All Information (Except Text)

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Calendar No. 722
102d CONGRESS
2d Session
H. R. 1096
AN ACT
To authorize appropriations for programs, functions, and activities of
the Bureau of Land management for fiscal years 1992, 1993, 1994, and 1995;
to improve the management of the public lands; and for other purposes.
September 24 (legislative day, SEPTEMBER 23), 1992
Reported with an amendment
HR 1096 RS
Calendar No. 722
102d CONGRESS
2d Session
 H. R. 1096
IN THE SENATE OF THE UNITED STATES
July 24 (legislative day, JULY 8), 1991
Received; read twice and referred to the Committee on Energy and Natural
Resources
September 24 (legislative day, SEPTEMBER 23), 1992
Reported by Mr. JOHNSTON, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
AN ACT
To authorize appropriations for programs, functins, and activities of the
Bureau of Land Management for fiscal years 1992, 1993, 1994, and 1995;
to improve the management of the public lands; and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
 [Struck out->] SECTION 1. AUTHORIZATION. []   There are hereby authorized to be appropriated such sums
 as may be necessary for programs, functions, and activities of the Bureau of
 Land Management, Department of the Interior (including amounts necessary for
 increases in salary, pay, retirements, and other employee benefits authorized
 by law, and for other nondiscretionary costs), during fiscal years beginning
 on October 1, 1991, and ending September 30, 1995. [] SEC. 2. STATUTORY REFERENCE. []   As used hereafter in this Act, the terms `the Act'
 and `FLPMA' mean the Federal Land Policy and Management Act of 1976 (43
 U.S.C. 1701 et seq.). [] SEC. 3. FLPMA DEFINITIONS. []   (a) AREAS OF CRITICAL ENVIRONMENTAL CONCERN- Section 103(a)
 of the Act (43 U.S.C. 1702(a)) is amended to read as follows: []   `(a) The term `areas of critical environmental concern'
 means those areas (whether or not previously affected by one or more uses or
 developments) identified by the Secretary as areas where special management
 attention is required (which, among other things, may in some instances
 include restrictions on or prohibitions of any further development) in order--
 []   `(1) to protect important resources and values (including
 but not limited to environmental, ecological, historic, cultural, scenic,
 fish and wildlife, and scientific resources or values) located on or likely
 to be affected by the use of specific portions of the public lands (but
 Congress does not intend that the Secretary establish protective perimeters
 or buffer zones around such areas); []   `(2) to protect life and provide safety from natural hazards;
 or []   `(3) to protect or enhance the resources and values of
 a conservation system unit, but it is not the intent of Congress that the
 Secretary establish protective perimeters or buffer zones around conservation
 system units.'. []   (b) CONSERVATION SYSTEM UNIT- Section 103 of the Act
 (43 U.S.C. 1702) is amended by adding at the end thereof the following new
 subsection: []   `(q) The term `conservation system unit' means any unit
 of the National Park System, National Wildlife Refuge System, National
 Wild and Scenic Rivers System, National Trails System, National Wilderness
 Preservation System, or a National Conservation Area, National Recreation
 Area, or National Forest Monument.'. [] SEC. 4. MAJOR USES AND INVENTORIES. []   (a) DEFINITION- Section 103(1) of the Act (43 U.S.C. 1702(1))
 is amended-- []   (1) by striking `fish and wildlife development and
 utilization,' and inserting in lieu thereof `maintenance of plant communities,
 maintenance of fish and wildlife populations and habitat, utilization of
 fish or wildlife populations,'; and []   (2) by striking `and timber production' and inserting
 in lieu thereof `timber production, reforestation, and scientific
 research'. []   (b) INVENTORY- Section 201(a) of the Act (43 U.S.C. 1711(a))
 is amended by striking the period at the end of the first sentence and
 inserting in lieu thereof `and riparian areas.'. []   (c) MANAGEMENT DECISIONS- Section 202(e)(2) of the Act
 (43 U.S.C. 1712(e)(2)) is amended by striking `the Congress adopts a
 concurrent resolution' and inserting in lieu thereof `there is enacted a
 joint resolution'. [] SEC. 5. PLANNING REQUIREMENTS. []   (a) DEADLINES- Section 202(a) of the Act (43 U.S.C. 1712(a))
 is amended-- []   (1) by designating section 202(a) as section 202(a)(1);
 and []   (2) by adding at the end of section 202(a) the following
 new paragraphs: []   `(2) Land use plans meeting the requirements of this
 Act shall be developed for all the public lands outside Alaska no later
 than January 1, 1998, and for all public lands no later than January 1,
 2000. []   `(3) Land use plans shall be revised from time to time when
 the Secretary finds that conditions have changed so as to make such revision
 appropriate or necessary for proper management of the public lands covered
 by any such plan. The Secretary shall review each plan at least once every
 15 years in order to determine the need for or appropriateness of revision
 of such plan pursuant to this paragraph.'. []   (b) CRITERIA- (1) Section 202(c)(1) of the Act (43
 U.S.C. 1712(c)(1)) is amended to read as follows: []   `(1) use and observe the principles of multiple use and
 sustained yield set forth in this and other applicable law and evaluate
 the feasibility of measures, consistent with such principles, that would
 enhance the extent to which the public lands can support increases in the
 numbers and types of plant communities and fish and wildlife populations
 located on or supported by such lands;'. []   (2) Section 202(c)(3) of the Act (43 U.S.C. 1712(c)(3))
 is amended to read as follows: []   `(3) give priority to the designation and protection of
 areas of critical environmental concern and to identification, protection,
 and enhancement of the ecological, environmental, fish and wildlife, and
 other resources and values of riparian areas;'. []   (3) Section 202(c)(5) of the Act (43 U.S.C. 1712(c)(5))
 is amended to read as follows: []   `(5) consider present and potential uses (including
 recreational and other nonconsumptive uses) of the public lands;'. [] SEC. 6. PROFESSIONAL QUALIFICATIONS. []   Section 301(c) of the Act (43 U.S.C. 1731(c)) is amended
 to read as follows: []   `(c) In addition to the Director, there shall be a Deputy
 Director and so many Assistant Directors, State Directors, and other employees
 as may be necessary, appointed by the Secretary. After May 1, 1989, no
 person may be appointed as Deputy Director of the Bureau (except for Deputy
 Director for External Affairs) or as an Assistant Director or State Director
 who is not at the time of appointment either a career appointee (as defined
 in section 3132(4) of title 5, United States Code) or in the competitive
 service. Other employees shall be appointed subject to provisions of law
 applicable to appointments in the competitive service, and shall be paid
 in accordance with the provisions applicable to such service.'. [] SEC. 7. PENALTIES. []   (a) FLPMA- Section 303(a) of the Act (43 U.S.C. 1733(a))
 is amended by striking `no more than $1,000' and by inserting `no more than
 $10,000'. []   (b) PUBLIC LAW 92-195- Section 8 of Public Law 92-195
 (16 U.S.C. 1338(a)) is amended by striking `not more than $2,000' and by
 inserting `not more than $10,000'. [] SEC. 8. MANAGEMENT OF LANDS AND PUBLIC PARTICIPATION. []   (a) IN GENERAL- The last sentence of section 302(b) of
 the Act (43 U.S.C. 1732(b)) is amended to read as follows: []   `In managing the public lands, the Secretary, by
 regulation or otherwise, shall take any action necessary to prevent
 unnecessary degradation of such lands, to minimize adverse environmental
 impacts on such lands and their resources resulting from use, occupancy,
 or development of such lands, and to prevent impairment or derogation of
 the resources and values of conservation system units.'. []   (b) ADVISORY COUNCILS- Section 309(a) of the Act (43
 U.S.C. 1739(b)) is amended-- []   (1) by striking the period at the end of the first sentence
 and inserting in lieu thereof `, including the protection of environmental
 quality, the management and enhancement of fish and wildlife populations
 and habitat, and outdoor recreation.'; and []   (2) by striking the period at the end of the
 fourth sentence and inserting in lieu thereof `, who shall provide an
 opportunity for interested members of the public to suggest persons for
 appointment.'. []   (c) ACEC REGULATIONS- Section 310 of the Act (43 U.S.C. 1740)
 is amended by designating the existing provisions thereof as subsection
 (a) and adding the following new subsection: []   `(b) By regulation, the Secretary shall provide an
 opportunity for members of the public to propose specific areas for
 consideration for designation as areas of critical environmental concern
 pursuant to section 201 of this Act.'. [] SEC. 9. FUTURE REAUTHORIZATIONS. []   Section 318(b) of the Act (43 U.S.C. 1748(b)) is amended
 by striking `May 15, 1977, and not later than May 15 of each second even
 numbered year thereafter' and inserting in lieu thereof `January 1, 1993,
 and January 1 of each second odd-numbered year thereafter'. [] SEC. 10. PROHIBITION OF SUBLEASING. []   Section 402 of the Act (43 U.S.C. 1752) is amended by
 adding at the end thereof the following new subsection: []   `(i) PROHIBITION OF SUBLEASING- Subleasing is hereby
 prohibited. []   `(2) For purposes of this subsection the following terms
 shall have the following meanings: []   `(A) `subleasing' means the grazing on public lands or on
 National Forest lands covered by a grazing permit of domestic livestock
 which are not both owned and controlled by the holder of the grazing
 permit. []   `(B) `grazing permit' means a permit or lease of the type
 described in subsection (a) of this section which has been issued by the
 Secretary concerned pursuant to applicable law, and which authorizes for a
 specified term of years the grazing of domestic livestock on public lands or
 lands within National Forests in the 16 contiguous Western States. []   `(3) The Secretary concerned shall require each holder of
 a grazing permit to annually file an affidavit that such holder owns and
 controls all livestock which such holder is knowingly allowing to graze
 on public lands or National Forest lands covered by such holder's grazing
 permit. []   `(4)(A) A grazing permit shall terminate 30 days after
 the effective date of any lease, conveyance, transfer, or other voluntary
 action on the part of a holder of a grazing permit which has the effect
 of removing the privately owned property or part thereof with respect to
 which a grazing permit was issued from the control of the holder of such
 permit, and no grazing pursuant to such permit shall be permitted after such
 termination unless prior to such termination the party that has obtained
 or will obtain control of such property or part thereof has submitted an
 application for a grazing permit based on such control, in which case the
 Secretary concerned may allow grazing to continue if such Secretary has
 reason to believe that such application is likely to be approved; but such
 continued grazing shall be for a period no longer than the remainder of
 the grazing year during which such application was submitted. []   `(B)(i) A grazing permit shall terminate upon the death of
 its holder, but the Secretary may permit grazing to continue on lands covered
 by such grazing permit for a period not to exceed two years after the date of
 the death of such holder if necessary or appropriate in order to facilitate
 the orderly management of the deceased holder's estate. []   `(ii) A grazing permit shall terminate upon an involuntary
 transfer from the control of its holder (including a transfer by operation
 of law) of the privately-owned property (or portion thereof) with respect to
 which such grazing permit was issued, but the Secretary may permit grazing
 to continue on lands covered by such grazing permit for a period not to
 exceed one year after such involuntary transfer if necessary in order to
 facilitate the redemption, sale or other disposition of such property or
 portion thereof. []   `(iii) After any continuation of grazing pursuant to
 either subparagraph (i) or (ii) of this paragraph, any grazing on lands
 affected by such continuation shall occur only subject to a new grazing
 permit. []   `(iv) Any decision by the Secretary concerned to permit a
 continuation of grazing pursuant to paragraph (4) shall be discretionary,
 and this paragraph shall not be construed as vesting in any party any right
 to graze livestock on any lands owned by the United States or any right to
 any grazing permit. []   `(5) Any holder of a grazing permit who knowingly allows
 subleasing to occur on public lands or National Forest lands covered by such
 permit shall forfeit to the United States the dollar equivalent of any value
 in excess of the grazing fee paid or payable to the United States with respect
 to such permit, shall be disqualified from further exercise of any rights or
 privileges conferred by that permit or any other such permit, and shall be
 subject to the penalties specified in section 303 of this Act. []   `(6) Any person other than the holder of a grazing permit
 who knowingly engages in subleasing shall be subject to the penalties
 specified in section 303 of this Act.'. [] SEC. 11. EXEMPTION FROM STRICT LIABILITY. []   Section 504(h) of the Act (43 U.S.C. 1764(h)) is amended
 by adding at the end thereof the following new paragraph: []   `(3) No regulation shall impose liability without fault
 with respect to a right-of-way granted, issued, or renewed under this
 Act to a nonprofit entity or an entity qualified for financing under the
 Rural Electrification Act of 1936, as amended, if such entity uses such
 right-of-way for the delivery of electricity to parties having an equity
 interest in such entity. However, the Secretary may condition the grant,
 issuance, or renewal of a right-of-way to such entity for such purpose
 on the provision by such entity of a bond or other appropriate security,
 pursuant to subsection (i) of this section.'. [] SEC. 12. CONGRESSIONAL REVIEWS. []   (a) SALES- Section 203(c) of the Act (43 U.S.C. 1713(c))
 is amended by striking `and then only if the Congress has not adopted a
 concurrent resolution stating that such House does not approve of such
 designation', and by inserting in lieu thereof `unless there is enacted a
 joint resolution disapproving such designation'. []   (b) WITHDRAWALS- Section 204 of the Act (43 U.S.C. 1713)
 is amended as follows: []   (1) By striking from subsection (c) the words `if the
 Congress has adopted a concurrent resolution stating that such House does not
 approve the withdrawal' and by inserting in lieu thereof `if prior to the
 end of such 90-day period there is enacted a joint resolution disapproving
 the withdrawal'. []   (2) By striking from subsection (l)(2) the words `the
 Congress has adopted a concurrent resolution' and by inserting in lieu
 thereof `there has been enacted a joint resolution'. [] SEC. 13. CONFORMING AMENDMENTS. []   (a) REPEAL- Section 215 of the Act is hereby
 repealed. []   (b) GRAZING STUDY- Section 401 of the Act (43 U.S.C. 1751)
 is amended by striking subsection (a) and redesignating subsection (b)
 as subsection (a). [] SEC. 14. JUDICIAL REVIEW. []   (a) Title VII of the Act is amended by adding at the end
 thereof the following: [] `JUDICIAL REVIEW []   `SEC. 708. Any agency action or failure to act to implement
 this Act, including the whole or part of any agency rule, order, license,
 sanction, relief, or the equivalent to denial thereof, shall be subject
 to judicial review in accordance with and to the extent provided by the
 Administrative Procedure Act (5 U.S.C. 551-559 and 701 et seq.). For the
 purposes of this section, the term `rule' has the same meaning as such term
 has in the Administrative Procedure Act (5 U.S.C. 551(4)).'. []   (b) The table of contents of the Act is amended by inserting
 after the item relating to section 707 the following new item: [] `Sec. 708. Judicial review.'. [] SEC. 15. CLAIMED RIGHTS-OF-WAY. []   The Act is hereby amended by adding at the end of title
 III the following new sections 319 and 320: [] `SEC. 319. RECORDATION OF CLAIMED RIGHTS-OF-WAY. []   `(a) FILING REQUIREMENTS- (1) Any party claiming to be
 a holder of a right-of-way across public or other Federal lands for the
 construction of a highway pursuant to a grant made by Revised Statutes section
 2477 (43 U.S.C. 932) that became operative before repeal of such section on
 October 21, 1976, shall, on or before January 1, 1994, file for record in the
 office or offices of the Bureau of Land Management responsible for management
 of public lands within the State or States wherein such claimed right-of-way
 is located either a notice of intent to hold and maintain the right-of-way
 or a notice of abandonment of such party's claim to be the holder of such
 right-of-way. A notice of intent to hold and maintain such a right-of-way
 shall be accompanied by information concerning the actual construction,
 maintenance, and public use on which such party bases its claim to have
 established such a right-of-way, and by such other information regarding
 the uses, location, and extent of such claimed right-of-way as the Secretary
 of the Interior may require. The Secretary may allow information already in
 the possession of the Bureau of Land Management to be included by reference
 to the documents in which such information is recorded. []   `(2) A party filing a notice pursuant to paragraph (1)
 shall also simultaneously file a copy thereof in the appropriate office of any
 other agency responsible for management of any Federal lands traversed by the
 claimed right-of-way, and shall give public notice of the party's intention
 to hold and maintain or to abandon the claimed right-of-way by publication
 of information concerning such intention in one or more newspapers of general
 circulation in the areas where the affected lands are located. []   `(b) EFFECT- (1) The failure of any party subject to
 the requirements of subsection (a) to file the notices or to publish the
 information required to be filed and published by such subsection within the
 time specified by such subsection shall be conclusively deemed to constitute
 an abandonment and relinquishment of a right-of-way with respect to which
 such filing and publication is required by such subsection. []   `(2) Recordation pursuant to this section shall not, of
 itself, render valid any claim which would not otherwise be valid under
 applicable law or provide a basis for changing the scope, alignment, or
 character or extent of use of any claimed right-of-way; and nothing in this
 section shall be construed as waiving, altering, or otherwise affecting
 any terms or conditions applicable to any right-of-way under this Act or
 any other applicable law. []   `(c) INVESTIGATIONS- (1) Upon receipt of a notice filed
 pursuant to subsection (a) that a party intends to hold and maintain
 a claimed right-of-way involving any lands specified in paragraph (2)
 of this subsection, the Secretary of the Interior, acting through an
 appropriate officer of the Bureau of Land Management or (if any portion
 of a claimed right-of-way covered by this subsection is located within
 a unit of the National Park System) of the National Park Service, shall
 conduct an investigation to determine the validity of each such claimed
 right-of-way. The Secretary shall provide an opportunity for the public to
 contest or request an investigation of the validity of any other claimed
 right-of-way. []   `(2)(A) The Secretary shall investigate the validity of
 each claimed right-of-way any portion of which involves-- []   `(i) any lands within the National Park System, the National
 Wild and Scenic River System, or the National Wilderness Preservation System;
 or []   `(ii) any lands being managed so as to preserve their
 suitability for designation as wilderness, pursuant to section 603 of this
 Act or any other provision of law or regulation; or []   `(iii) any area of critical environmental concern; or
 []   `(iv) any other lands whose use for highway purposes would
 be inconsistent with the land-use plans for those lands. []   `(B) The Secretary shall also investigate any claimed
 right-of-way not involving lands specified in subparagraph (A) but with
 respect to which a challenge is filed that states grounds which, if proved
 or confirmed, would constitute reason to doubt the validity of such claimed
 right-or-way or any portion thereof. []   `(3) If any portion of such claimed right-of-way is
 on Federal lands managed by an agency other than the Bureau of Land
 Management or the National Park Service, the investigating officer shall
 request the comments of such agency with respect to the validity of such
 right-of-way. []   `(4) Appropriate notice to the public, including the
 owners of any non-Federal lands affected by the claimed right-of-way,
 shall be provided with respect to initiation of each investigation carried
 out pursuant to this paragraph, and the investigating officer shall provide
 an opportunity for the public to submit comments concerning the subject of
 the investigation. []   `(5) If information or comments submitted to the
 investigating officer demonstrate that there is a dispute as to any
 relevant facts with respect to the validity of a right-of-way subject to
 an investigation under this paragraph, the parties to such dispute shall
 be afforded an adjudicatory hearing on the record with respect to such
 disputed issues of fact. Any such adjudicatory hearing shall be before a
 qualified administrative law judge whose findings shall govern disposition
 of such issues of fact in any determination concerning the validity of a
 claimed right-of-way, subject to administrative and judicial review under
 applicable provisions of law. []   `(6) If after an investigation pursuant to this paragraph,
 the investigating officer finds either that a claimed right-of-way or
 portion thereof is valid or that there is reason to doubt the validity of
 such claimed right-of-way or portion thereof, notice of such finding and the
 reasons therefor shall be provided to the party claiming the right-of-way
 and to all other affected parties, including the public. []   `(7) For purposes of this section, if any portion of
 a claimed right-of-way includes lands managed pursuant to section 603 of
 this Act, that fact shall constitute a reason to doubt the validity of such
 portion of such right-of-way. []   `(d) APPEALS- (1) Any claimed right-of-way or portion
 thereof with respect to which it is found, pursuant to subsection (b),
 that there is reason to doubt the validity, shall be deemed to be invalid
 unless, within 30 days after such finding the party claiming the right-of-way
 has filed with the Secretary of the Interior an appeal of such finding,
 and the Secretary thereafter determines the right-of-way to be valid. Any
 party other than the party claiming the right-of-way, may intervene in any
 appeal filed under this paragraph in support of the finding of invalidity
 by filing with the Secretary a notice of such intervention within the period
 allowed for filing of the appeal. []   `(2) Any finding by the investigating officer with regard to
 the validity or invalidity of a claimed right-of-way or portion thereof valid
 shall become final unless within 30 days after such finding a notice of appeal
 of such finding is filed with the Secretary of the Interior. []   `(3) Any decision by the Secretary with regard to an appeal
 under this subsection shall be made after the party claiming or contesting a
 right-of-way has been provided with the evidence upon which the investigating
 officer's finding regarding its validity or invalidity was based and has
 been given an opportunity to respond, including an adjudicatory hearing on
 the record with respect to any disputed issues of fact. []   `(4)(A) Pending a final determination of validity with
 respect to a claimed right-of-way that is subject to an appeal under
 this subsection, the Federal land covered by such claimed right-of-way
 shall be managed in accordance with applicable law (including this Act)
 and management plans as if such right-of-way did not exist, except that
 such lands may continue to be used for lawful transportation, access, and
 related purposes of the same nature and to the same extent as was properly
 permitted by the Secretary on the date of enactment of this section. Any
 such continued uses shall be subject to appropriate regulations to protect
 the resources and values of the affected lands. []   `(B) Upon a final determination of invalidity with respect
 to a claimed right-of-way subject to an appeal under paragraph (3), Federal
 lands covered by such claimed right-of-way shall be managed in accordance
 with applicable law and management plans. []   `(C) A determination by an investigating officer as to
 the validity or invalidity of a claimed right-of-way may be appealed to the
 Secretary by any person, provided such appeal is made no later than 30 days
 after the determination of the investigating officer. Any person filing
 such an appeal shall be afforded an adjudicatory hearing on the record
 with regard to any disputed issue of fact. Any decision of the Secretary
 regarding such an appeal shall be subject to judicial review. []   `(5) Any decision by the Secretary pursuant to this
 subsection shall be subject to judicial review under applicable provisions
 of law, but nothing in this subsection shall be construed as affording any
 right to seek or participate in any judicial proceeding by any party not
 otherwise entitled to seek or participate in such proceeding. []   `(e) CHANGE IN USE- Any change in the scope, alignment,
 or character of use of a valid right-of-way established pursuant to Revised
 Statutes section 2477 shall be subject to terms and conditions required by
 section 505 of this Act or other applicable law. []   `(f) SAVINGS CLAUSE- Nothing in this section shall be
 construed as increasing or diminishing the requirements of any applicable
 law with respect to establishment, construction, or maintenance of a highway
 for purposes of obtaining a valid right-of-way pursuant to Revised Statutes
 section 2477 prior to its repeal. [] `SEC. 320. RIGHT-OFF-WAY IN ALASKA CONSERVATION SYSTEM
 UNITS. []   `Nothing in this Act shall be construed as exempting
 any proposal for any construction on or change in the scope, alignment,
 or character or extent of use of any portion of any right-of-way claimed to
 have been established pursuant to Revised Statutes section 2477 on any lands
 within any conservation system unit in Alaska from the requirements of title
 XI of the Alaska National Interest Lands Conservation Act.'. [] SEC. 16. WILD HORSE SANCTUARY REPORT. []   (a) WAITING PERIOD- The Secretary shall take no action to
 remove any animals covered by Public Law 92-195 (commonly known as the `Wild
 Free-Roaming Horses and Burros Act') from any area being operated, under an
 agreement with the Secretary, as a sanctuary for such animals on May 22, 1991,
 or to alter arrangements existing on such date for care and maintenance of
 such animals, sooner than 120 days after transmittal to the House Committee
 on Interior and Insular Affairs and the Senate Committee on Energy and
 Natural Resources of the report required by this section. []   (b) REPORT- (1) The Secretary of the Interior shall report
 to the committees specified in subsection (a) concerning the status of the
 sanctuaries specified in such subsection and any alternative arrangements
 that the Secretary may be considering to assure the continued long-term
 welfare of the wild horses located on such sanctuaries on May 22, 1991,
 with a detailed estimate of the costs and advantages or disadvantages of
 such alternatives as compared with continuation of arrangements in effect
 on such date for such animals. []   (2) Prior to transmitting the report required by this
 section to the committees specified herein, the Secretary shall provide an
 opportunity for the public to make suggestions concerning the alternative
 arrangements to be discussed in such report, and to review and comment on
 the report. [] SEC. 17. TABLE OF CONTENTS AMENDMENTS. []   The table of contents of the Act is amended by inserting
 after the item relating to section 318 the following new items: [] `Sec. 319. Recordation of claimed rights-of-way. [] `Sec. 320. Right-of-way in Alaska Conservation System
 Unit.'. [] SEC. 18. GRAZING ON THE PUBLIC RANGELANDS. []   (a) FEE STRUCTURE- Section 401(a) of the Federal Land Policy
 Management Act of 1976 (43 U.S.C. 1751), as amended by section 13(b) of this
 Act, is hereby amended by adding at the end the following new subsection:
 []   `(b)(1) Notwithstanding any other provision of law, the
 Secretary of Agriculture, with respect to National Forest lands in the 16
 contiguous Western States (except National Grasslands) administered by the
 United States Forest Service where domestic livestock grazing is permitted
 under applicable law, and the Secretary of the Interior with respect to
 public domain lands administered by the Bureau of Land Management where
 domestic livestock grazing is permitted under applicable law, shall establish
 beginning with the grazing season which commences on March 1, 1992, an
 annual domestic livestock grazing fee equal to fair market value: Provided,
 That the fee charged for any given year shall not increase nor decrease by
 more than 33.3 percent from the previous year's grazing fee. []   `(2)(A) For purposes of this subsection, the term `fair
 market value' is defined as follows: []   []   `(B) For the purposes of subparagraph (A)-- []   `(i) the term `Forage Value Index' means the Forage Value
 Index (FVI) computed annually by the Economic Research Service, United
 States Department of Agriculture, and set with the 1991 FVI equal to 100;
 and []   `(ii) the term `Appraised Base Value' means the 1983
 Appraisal Value conclusions for mature cattle and horses (expressed in dollars
 per head or pair month), as determined in the 1986 report prepared jointly
 by the Secretary of Agriculture and the Secretary of the Interior entitled
 `Grazing Fee Review and Evaluation', dated February 1986, on a westwide
 basis using the lowest appraised value of the pricing areas adjusted for
 advanced payment and indexed to 1991. []   `(3) Executive Order Numbered 12548, dated February
 14, 1986, shall not apply to grazing fees established pursuant to this
 Act. []   `(c) The grazing advisory boards established pursuant to
 Secretarial action, notice of which was published in the Federal Register on
 May 14, 1986 (51 Fed. Reg. 17874), are hereby abolished, and the advisory
 functions exercised by such boards, shall, after the date of enactment of
 this sentence, be exercised only by the appropriate councils established
 under this section. []   `(d) Funds appropriated pursuant to section 5 of the Public
 Rangelands Improvement Act of 1978 (43 U.S.C. 1904) or any other provision
 of law related to disposition of the Federal share of receipts from fees
 for grazing on public domain lands or National Forest lands in the 16
 contiguous Western States shall be used for restoration and enhancement
 of fish and wildlife habitat, for restoration and improved management of
 riparian areas, and for implementation and enforcement of applicable land
 management plans, allotment plans, and regulations regarding the use of such
 lands for domestic livestock grazing. Such funds shall be distributed as
 the Secretary concerned deems advisable after consultation and coordination
 with the advisory councils established pursuant to section 309 of this Act
 and other interested parties.'. [] SEC. 19. BONNEVILLE SALT FLATS. []   Not later than 2 years after the date of the enactment of
 this Act, the Secretary of the Interior shall conduct a study to determine
 the nature and extent of the salt loss from the salt flat crust occurring at
 Bonneville Salt Flats, Utah, and how best to preserve the resources (including
 scenic, historic, economic, and recreational resources) threatened by such
 salt loss. In conducting the study, the Secretary shall consider whether
 to designate the Bonneville Salt Flats as a national recreation area or a
 national conservation area. Within 90 days after the completion of the study,
 the Secretary shall submit a report to the Congress concerning such study,
 together with recommendations, if any, of the Secretary. [] SEC. 20. RANGELAND DROUGHT RECOVERY STUDY. []   (a) IN GENERAL- Not later than 90 days after the date of
 enactment of this Act, the Secretary of the Interior shall appoint a team
 of scientists to conduct a Rangeland Drought Recovery Study. The team shall
 be appointed from nominations made by the Director of the National Science
 Foundation and shall include persons expert in the disciplines of arid
 lands research, meteorology, botany and wildlife biology, fisheries, range
 ecology, and remote sensing technology and interpretation. The Director
 of the Bureau of Land Management and Chief of the Forest Service shall
 cooperate with the study team. []   (b) STUDY AND REPORT- (1) The study team shall compile data
 and prepare maps concerning the extent and severity of drought conditions
 on public rangelands and other lands in the 16 contiguous Western States
 and not later than 2 years after the date of enactment of this Act shall
 submit a report to the Congress concerning their findings. []   (2) In preparing its report, the study team shall utilize
 remote sensing and other techniques and shall draw upon historical and
 current data regarding seasonal and other changes to rangelands resulting
 from the interaction of drought conditions and management regimes. The
 study team shall prepare maps showing range conditions, utilizing data on
 forage production, rainfall, and the presence or absence of native species
 or communities of wildlife and plants. []   (3) The study team's report shall identify poor or
 satisfactory range conditions and recommend additional steps that should be
 taken to protect range resources, including (but not limited to) adjustments
 in permitted levels of domestic livestock grazing in areas affected by
 drought conditions. [] SEC. 21. MANAGEMENT OF PUBLIC LANDS RELATING TO NATURAL
 PRODUCTIVE CAPACITY. []   Section 302(a) of the Act (43 U.S.C. 1732(a)) is amended--
 []   (1) by inserting `(1)' after `(a)'; and []   (2) by adding at the end thereof the following: []   `(2) The Secretary shall manage the public lands to
 maintain and restore their natural productive capacity and shall take no
 action to diminish the long-term sustainability of the biological resource as
 measured by the variety within and among the native species and communities
 of which it is comprised, except that where a tract of such public land has
 been dedicated to specific uses according to any other provision of law it
 shall be managed in accordance with such law.'. [] SEC. 22. BUY-AMERICAN REQUIREMENT. []   (a) DETERMINATION BY THE SECRETARY- If the Secretary,
 with the concurrence of the United States Trade Representative and the
 Secretary of Commerce, determines that the public interest so desires,
 the Secretary shall award to a domestic firm a contract that, under the
 use of competitive procedures, would be awarded to a foreign firm, if--
 []   (1) the final product of the domestic firm will be completely
 assembled in the United States; []   (2) when completely assembled, not less than 51 percent
 of the final product of the domestic firm will be domestically produced;
 and []   (3) the difference between the bids submitted by the
 foreign and domestic firms is not more than 6 percent. [] In determining under this subsection whether the public
 interest so requires, the Secretary shall take into account United States
 international obligations and trade relations. []   (b) LIMITED APPLICATION- This section shall not apply to
 the extent to which-- []   (1) such applicability would not be in the public interest;
 []   (2) compelling national security considerations require
 otherwise; or []   (3) the United States Trade Representative determines that
 such an award would be in violation of the General Agreement on Tariffs
 and Trade or an international agreement to which the United States is a
 party. []   (c) LIMITATION- This section shall apply only to contracts
 for which-- []   (1) amounts are authorized by this Act (including the
 amendments made by this Act) to be made available; and []   (2) solicitation for bids are issued after the date of
 the enactment of this Act. []   (d) REPORT TO CONGRESS- The Secretary shall report to the
 Congress on contracts covered under this section and entered into with
 foreign entities in fiscal years 1990 and 1991 and shall report to the
 Congress on the number of contracts that meet the requirements of subsection
 (a) but which are determined by the United States Trade Representative
 to be in violation of the General Agreement to which the United States is
 a party. The Secretary shall also report to the Congress on the number of
 contracts covered under this Act (including the amendments made by this Act)
 and awarded based upon the parameters of this section. []   (e) DEFINITIONS- For purposes of this section-- []   (1) DOMESTIC FIRM- The term `domestic firm' means a business
 entity that is incorporated in the United States and that conducts business
 operations in the United States. []   (2) FOREIGN FIRM- The term `foreign firm' means a business
 entity not described in paragraph (2). [
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