S.1292 - Department of the Interior and Related Agencies Appropriations Act, 2000106th Congress (1999-2000)
Bill
Hide Overview| Sponsor: | Sen. Gorton, Slade [R-WA] (Introduced 06/28/1999) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 106-99 |
| Latest Action: | Senate - 06/28/1999 Placed on Senate Legislative Calendar under General Orders. Calendar No. 183. (All Actions) |
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Text: S.1292 — 106th Congress (1999-2000)All Information (Except Text)
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Placed on Calendar Senate (06/28/1999)
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 1292 Placed on Calendar Senate (PCS)]
Calendar No. 183
106th CONGRESS
1st Session
S. 1292
[Report No. 106-99]
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2000, and for other
purposes.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 1999
Mr. Gorton, from the Committee on Appropriations, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2000, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2000, and for other purposes,
namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $634,321,000, to
remain available until expended, of which $2,147,000 shall be available
for assessment of the mineral potential of public lands in Alaska
pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of
which not to exceed $1,000,000 shall be derived from the special
receipt account established by the Land and Water Conservation Act of
1965, as amended (16 U.S.C. 460l-6a(i)); and of which $1,500,000 shall
be available in fiscal year 2000 subject to a match by at least an
equal amount by the National Fish and Wildlife Foundation, to such
Foundation for cost-shared projects supporting conservation of Bureau
lands; in addition, $33,529,000 for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program; to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation estimated at
not more than $634,321,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities: Provided,
That appropriations herein made shall not be available for the
destruction of healthy, unadopted, wild horses and burros in the care
of the Bureau or its contractors.
wildland fire management
For necessary expenses for fire preparedness, suppression
operations, emergency rehabilitation and hazardous fuels reduction by
the Department of the Interior, $287,305,000, to remain available until
expended, of which not to exceed $5,025,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That unobligated balances of amounts previously
appropriated to the ``Fire Protection'' and ``Emergency Department of
the Interior Firefighting Fund'' may be transferred and merged with
this appropriation: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of
the Department of the Interior for fire protection rendered pursuant to
42 U.S.C. 1856 et seq., Protection of United States Property, may be
credited to the appropriation from which funds were expended to provide
that protection, and are available without fiscal year limitation.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to section 107 or
113(f) of such Act, shall be credited to this account to be available
until expended without further appropriation: Provided further, That
such sums recovered from or paid by any party are not limited to
monetary payments and may include stocks, bonds or other personal or
real property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
construction
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $12,418,000, to remain available
until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $130,000,000, of which not to exceed
$400,000 shall be available for administrative expenses: Provided, That
no payment shall be made to otherwise eligible units of local
government if the computed amount of the payment is less than $100.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $17,400,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein including
existing connecting roads on or adjacent to such grant lands;
$99,225,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
forest ecosystems health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, and monitoring salvage
timber sales and forest ecosystem health and recovery activities such
as release from competing vegetation and density control treatments.
The Federal share of receipts (defined as the portion of salvage timber
receipts not paid to the counties under 43 U.S.C. 1181f and 43 U.S.C.
1181f-1 et seq., and Public Law 103-66) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law 93-153,
to remain available until expended: Provided, That notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing
either in cash or in services, and the Bureau determines the cooperator
is capable of meeting accepted quality standards.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, management,
investigations, protection, and utilization of fishery and wildlife
resources, except whales, seals, and sea lions, maintenance of the herd
of long-horned cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized functions
related to such resources by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities, $683,519,000, to remain available until September 30,
2001, except as otherwise provided herein, of which $11,701,000 shall
remain available until expended for operation and maintenance of
fishery mitigation facilities constructed by the Corps of Engineers
under the Lower Snake River Compensation Plan, authorized by the Water
Resources Development Act of 1976, to compensate for loss of fishery
resources from water development projects on the Lower Snake River:
Provided, That not less than $1,000,000 for high priority projects
which shall be carried out by the Youth Conservation Corps as
authorized by the Act of August 13, 1970, as amended: Provided further,
That not to exceed $5,932,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered
Species Act, as amended, for species that are indigenous to the United
States (except for processing petitions, developing and issuing
proposed and final regulations, and taking any other steps to implement
actions described in subsections (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)): Provided further, That of the amount available for law
enforcement, up to $400,000 to remain available until expended, may at
the discretion of the Secretary, be used for payment for information,
rewards, or evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of enforcement
activity, authorized or approved by the Secretary and to be accounted
for solely on his certificate: Provided further, That of the amount
provided for environmental contaminants, up to $1,000,000 may remain
available until expended for contaminant sample analyses: Provided
further, That all fines collected by the U.S. Fish and Wildlife Service
for violations of the Marine Mammal Protection Act (16 U.S.C. 1362-
1407) and implementing regulations shall be available to the Secretary,
without further appropriation, to be used for the expenses of the U.S.
Fish and Wildlife Service in administering activities for the
protection and recovery of manatees, polar bears, sea otters, and
walruses, and shall remain available until expended: Provided further,
That, heretofore and hereafter, in carrying out work under reimbursable
agreements with any state, local, or tribal government, the U.S. Fish
and Wildlife Service may, without regard to 31 U.S.C. 1341 and
notwithstanding any other provision of law or regulation, record
obligations against accounts receivable from such entities, and shall
credit amounts received from such entities to this appropriation, such
credit to occur within 90 days of the date of the original request by
the Service for payment.
construction
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection,
and utilization of fishery and wildlife resources, and the acquisition
of lands and interests therein; $40,434,000, to remain available until
expended: Provided, That notwithstanding any other provision of law, a
single procurement for the construction of facilities at the Alaska
Maritime National Wildlife Refuge may be issued which includes the full
scope of the project: Provided further, That the solicitation and the
contract shall contain the clauses ``availability of funds'' found at
48 C.F.R. 52.232.18.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $55,244,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended,
$21,480,000, to be derived from the Cooperative Endangered Species
Conservation Fund, and to remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $10,000,000.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), and the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), $2,400,000, to remain available until expended: Provided,
That funds made available under this Act, Public Law 105-277, and
Public Law 105-83 for rhinoceros, tiger, and Asian elephant
conservation programs are exempt from any sanctions imposed against any
country under section 102 of the Arms Export Control Act (22 U.S.C. aa-
1).
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
$15,000,000, to remain available until expended.
wildlife conservation and appreciation fund
For necessary expenses of the Wildlife Conservation and
Appreciation Fund, $800,000, to remain available until expended.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 70
passenger motor vehicles, of which 61 are for replacement only
(including 36 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and
the maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which the
United States has title, and which are used pursuant to law in
connection with management and investigation of fish and wildlife
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service
may, under cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft: Provided
further, That notwithstanding any other provision of law, the Secretary
of the Interior may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Refuge System
unless the purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the reprogramming
procedures contained in Senate Report 105-56.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not less than $1,000,000 for
high priority projects within the scope of the approved budget which
shall be carried out by the Youth Conservation Corps as authorized by
16 U.S.C. 1706, $1,355,176,000, of which $8,800,000 is for research,
planning and interagency coordination in support of land acquisition
for Everglades restoration shall remain available until expended, and
of which not to exceed $8,000,000, to remain available until expended,
is to be derived from the special fee account established pursuant to
title V, section 5201 of Public Law 100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $49,951,000: Provided, That
notwithstanding any other provision of law, the National Park Service
may hereafter recover all fees derived from providing necessary review
services associated with historic preservation tax certification, and
such funds shall be available until expended without further
appropriation for the costs of such review services.
historic preservation fund
For expenses necessary in carrying out the Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333), $42,412,000,
to be derived from the Historic Preservation Fund, to remain available
until September 30, 2001, of which $8,422,000 pursuant to section 507
of Public Law 104-333 shall remain available until expended.
construction
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of
the Everglades National Park Protection and Expansion Act of 1989,
$221,093,000, to remain available until expended, of which $1,100,000
shall be for realignment of the Denali National Park entrance road:
Provided, That $4,000,000 for the Wheeling National Heritage Area and
$1,000,000 for Montpelier shall be derived from the Historic
Preservation Fund pursuant to 16 U.S.C. 470a: Provided further, That
notwithstanding any other provision of law, a single procurement for
the construction of visitor facilities at Brooks Camp at Katmai
National Park and Preserve may be issued which includes the full scope
of the project: Provided further, That the solicitation and the
contract shall contain the clause ``availability of funds'' found at 48
CFR 52.232.18.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2000 by 16 U.S.C.
460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority applicable to
the National Park Service, $84,525,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended, of which
$500,000 is to administer the State assistance program.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 384 passenger motor vehicles, of which
298 shall be for replacement only, including not to exceed 312 for
police-type use, 12 buses, and 6 ambulances: Provided, That none of the
funds appropriated to the National Park Service may be used to process
any grant or contract documents which do not include the text of 18
U.S.C. 1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement for the
redevelopment of the southern end of Ellis Island until such agreement
has been submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full and comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
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.
The National Park Service may distribute to operating units based
on the safety record of each unit the costs of programs designed to
improve workplace and employee safety, and to encourage employees
receiving workers' compensation benefits pursuant to chapter 81 of
title 5, United States Code, to return to appropriate positions for
which they are medically able.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); and
publish and disseminate data relative to the foregoing activities; 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; $813,243,000, of which $72,314,000 shall be available
only for cooperation with States or municipalities for water resources
investigations; and of which $16,400,000 shall remain available until
expended for conducting inquiries into the economic conditions
affecting mining and materials processing industries; and of which
$2,000,000 shall remain available until expended for ongoing
development of a mineral and geologic data base; and of which
$160,248,000 shall be available until September 30, 2001 for the
biological research activity and the operation of the Cooperative
Research Units: Provided, That of the funds available for the
biological research activity, $1,000,000 shall be made available by
grant to the University of Alaska for conduct of, directly or through
subgrants, basic marine research activities in the North Pacific Ocean
pursuant to a plan approved by the Department of Commerce, the
Department of the Interior, and the State of Alaska: Provided further,
That none of these funds provided for the biological research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay more
than one-half the cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with States and
municipalities.
administrative provisions
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services;
contracting for the furnishing of topographic maps and for the making
of geophysical or other specialized surveys when it is administratively
determined that such procedures are in the public interest;
construction and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and observation
wells; expenses of the United States National Committee on Geology; and
payment of compensation and expenses of persons on the rolls of the
Survey duly appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through the
use of contracts, grants, or cooperative agreements as defined in 31
U.S.C. 6302 et seq.: Provided further, That the United States
Geological Survey may contract directly with individuals or indirectly
with institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of students or
recent graduates, who shall be considered employees for the purposes of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of
royalties, as authorized by law; for enforcing laws and regulations
applicable to oil, gas, and other minerals leases, permits, licenses
and operating contracts; and for matching grants or cooperative
agreements; including the purchase of not to exceed eight passenger
motor vehicles for replacement only; $110,682,000, of which $84,569,000
shall be available for royalty management activities; and an amount not
to exceed $124,000,000, to be credited to this appropriation and to
remain available until expended, from additions to receipts resulting
from increases to rates in effect on August 5, 1993, from rate
increases to fee collections for Outer Continental Shelf administrative
activities performed by the Minerals Management Service over and above
the rates in effect on September 30, 1993, and from additional fees for
Outer Continental Shelf administrative activities established after
September 30, 1993: Provided, That $3,000,000 for computer acquisitions
shall remain available until September 30, 2001: Provided further, That
funds appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other provision
of law, $15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or Tribes, or to
correct prior unrecoverable erroneous payments.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $6,118,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; $95,891,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2000 for
civil penalties assessed under section 518 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That appropriations
for the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $185,658,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $7,000,000, to be derived from the Federal Expenses
Share of the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage from coal
mines, and for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum program States
will be $1,500,000 per State in fiscal year 2000: Provided further,
That of the funds herein provided up to $18,000,000 may be used for the
emergency program authorized by section 410 of Public Law 95-87, as
amended, of which no more than 25 percent shall be used for emergency
reclamation projects in any one State and funds for federally
administered emergency reclamation projects under this proviso shall
not exceed $11,000,000: Provided further, That prior year unobligated
funds appropriated for the emergency reclamation program shall not be
subject to the 25 percent limitation per State and may be used without
fiscal year limitation for emergency projects: Provided further, That
pursuant to Public Law 97-365, the Department of the Interior is
authorized to use up to 20 percent from the recovery of the delinquent
debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That funds made available under
title IV of Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Government for the
purpose of environmental restoration related to treatment or abatement
of acid mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That the
State of Maryland may set aside the greater of $1,000,000 or 10 percent
of the total of the grants made available to the State under title IV
of the Surface Mining Control and Reclamation Act of 1977, as amended
(30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an
acid mine drainage abatement and treatment fund established under a
State law, pursuant to which law the amount (together with all interest
earned on the amount) is expended by the State to undertake acid mine
drainage abatement and treatment projects, except that before any
amounts greater than 10 percent of its title IV grants are deposited in
an acid mine drainage abatement and treatment fund, the State of
Maryland must first complete all Surface Mining Control and Reclamation
Act priority one projects.
Bureau of Indian Affairs
operation of indian programs
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.), as amended, $1,631,996,000, to remain
available until September 30, 2001 except as otherwise provided herein,
of which not to exceed $93,684,000 shall be for welfare assistance
payments and notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $115,229,000 shall be available for payments to tribes
and tribal organizations for contract support costs associated with
ongoing contracts, grants, compacts, or annual funding agreements
entered into with the Bureau prior to or during fiscal year 2000, as
authorized by such Act, except that tribes and tribal organizations may
use their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, or compacts, or annual funding agreements
and for unmet welfare assistance costs; and of which not to exceed
$402,010,000 for school operations costs of Bureau-funded schools and
other education programs shall become available on July 1, 2000, and
shall remain available until September 30, 2001; and of which not to
exceed $51,991,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program: Provided, That
notwithstanding any other provision of law, including but not limited
to the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C.
2008, not to exceed $44,160,000 within and only from such amounts made
available for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with the
operation of Bureau-funded schools: Provided further, That any forestry
funds allocated to a tribe which remain unobligated as of September 30,
2001, may be transferred during fiscal year 2002 to an Indian forest
land assistance account established for the benefit of such tribe
within the tribe's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2002.
construction
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $146,884,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further, That
not to exceed 6 percent of contract authority available to the Bureau
of Indian Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable
basis: Provided further, That for fiscal year 2000, in implementing new
construction or facilities improvement and repair project grants in
excess of $100,000 that are provided to tribally controlled grant
schools under Public Law 100-297, as amended, the Secretary of the
Interior shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants shall not
be subject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required by 25
U.S.C. 2005(a), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements contained in
25 U.S.C. 2505(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e): Provided further, That
notwithstanding any other provision of law, collections from the
settlements between the United States and the Puyallup tribe concerning
Chief Leschi school are made available for school construction in
fiscal year 2000 and hereafter.
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $27,131,000, to remain available
until expended; of which $25,260,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618 and 102-575, and for implementation of
other enacted water rights settlements; and of which $1,871,000 shall
be available pursuant to Public Laws 99-264, 100-383, 103-402 and 100-
580.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $59,682,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $504,000.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts and grants, either directly or in cooperation with States and
other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
and the Indian Guaranteed Loan Program account) shall be available for
expenses of exhibits, and purchase of not to exceed 229 passenger motor
vehicles, of which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office operations or pooled
overhead general administration (except facilities operations and
maintenance) shall be available for tribal contracts, grants, compacts,
or cooperative agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs for distribution to other
tribes, this action shall not diminish the Federal government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to
support the operation of any elementary or secondary school in the
State of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995.
The Tate Topa Tribal School, the Black Mesa Community School, the
Alamo Navajo School, and other BIA-funded schools, subject to the
approval of the Secretary of the Interior, may use prior year school
operations funds for the replacement or repair of BIA education
facilities which are in compliance with 25 U.S.C. 2005(a) and which
shall be eligible for operation and maintenance support to the same
extent as other BIA education facilities: Provided, That any additional
construction costs for replacement or repair of such facilities begun
with prior year funds shall be completed exclusively with non-Federal
funds.
Department Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $67,325,000, of which:
(1) $63,076,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as authorized by law (48
U.S.C. 1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and support of
governmental functions; grants to the Government of the Virgin Islands
as authorized by law; grants to the Government of Guam, as authorized
by law; and grants to the Government of the Northern Mariana Islands as
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $4,249,000
shall be available for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the General Accounting Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public Law 104-
134: Provided further, That Public Law 94-241, as amended, is further
amended (1) in section 4(b) by deleting ``2002'' and inserting ``1999''
and by deleting the comma after the words ``$11,000,000 annually'' and
inserting in lieu thereof the following: ``and for fiscal year 2000,
payments to the Commonwealth of the Northern Mariana Islands shall be
$5,580,000, but shall return to the level of $11,000,000 annually for
fiscal years 2001 and 2002. In fiscal year 2003, the payment to the
Commonwealth of the Northern Mariana Islands shall be $5,420,000. Such
payments shall be''; and (2) in section (4)(c) by adding a new
subsection as follows: ``(4) for fiscal year 2000, $5,420,000 shall be
provided to the Virgin Islands for correctional facilities and other
projects mandated by Federal law.'': Provided further, That of the
amounts provided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement 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 maintenance needs, improved capability of local
operations and maintenance institutions and agencies (including
management and vocational education training), and project-specific
maintenance (with territorial participation and cost sharing to be
determined by the Secretary based on the individual territory's
commitment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, and for economic assistance and necessary expenses
for the Republic of Palau as provided for in sections 122, 221, 223,
232, and 233 of the Compact of Free Association, $20,545,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $62,203,000, of which not to exceed $8,500 may be for
official reception and representation expenses and up to $1,000,000
shall be available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $36,784,000.
Office of Inspector General
salaries and expenses
office of inspector general
For necessary expenses of the Office of Inspector General,
$26,614,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $73,836,000,
to remain available until expended: Provided, That funds for trust
management improvements may be transferred to the Bureau of Indian
Affairs and Departmental Management: Provided further, That funds made
available to Tribes and Tribal organizations through contracts or
grants obligated during fiscal year 2000, as authorized by the Indian
Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain
available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the statute
of limitations shall not commence to run on any claim, including any
claim in litigation pending on the date of the enactment of this Act,
concerning losses to or mismanagement of trust funds, until the
affected tribe or individual Indian has been furnished with an
accounting of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least eighteen months and has
a balance of $1.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the account holder.
indian land consolidation pilot
For implementation of a pilot program for consolidation of
fractional interests in Indian lands by direct expenditure or
cooperative agreement, $5,000,000 to remain available until expended,
of which not to exceed $500,000 shall be available for administrative
expenses: Provided, That the Secretary may enter into a cooperative
agreement, which shall not be subject to Public Law 93-638, as amended,
with a tribe having jurisdiction over the pilot reservation to
implement the program to acquire fractional interests on behalf of such
tribe: Provided further, That the Secretary may develop a reservation-
wide system for establishing the fair market value of various types of
lands and improvements to govern the amounts offered for acquisition of
fractional interests: Provided further, That acquisitions shall be
limited to one or more pilot reservations as determined by the
Secretary: Provided further, That funds shall be available for
acquisition of fractional interests in trust or restricted lands with
the consent of its owners and at fair market value, and the Secretary
shall hold in trust for such tribe all interests acquired pursuant to
this pilot program: Provided further, That all proceeds from any lease,
resource sale contract, right-of-way or other transaction derived from
the fractional interest shall be credited to this appropriation, and
remain available until expended, until the purchase price paid by the
Secretary under this appropriation has been recovered from such
proceeds: Provided further, That once the purchase price has been
recovered, all subsequent proceeds shall be managed by the Secretary
for the benefit of the applicable tribe or paid directly to the tribe.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990
(Public Law 101-380), and Public Law 101-337; $4,621,000, to remain
available until expended.
administrative provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no programs
funded with appropriated funds in the ``Departmental Management'',
``Office of the Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund or the Consolidated Working
Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, 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: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oil spills; for response
and natural resource damage assessment activities related to actual oil
spills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for emergency
rehabilitation and wildfire suppression activities, no funds shall be
made available under this authority until funds appropriated to
``Wildland Fire Management'' shall have been exhausted: Provided
further, That all funds used pursuant to this section are hereby
designated by Congress to be ``emergency requirements'' pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C.
Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of twelve months beginning at any time during
the fiscal year.
Sec. 107. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore oil and natural
gas preleasing, leasing, and related activities, on lands within the
North Aleutian Basin planning area.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the eastern Gulf of
Mexico planning area for any lands located outside Sale 181, as
identified in the final Outer Continental Shelf 5-Year Oil and Gas
Leasing Program, 1997-2002.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 111. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)
may be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
Sec. 112. (a) Employees of Helium Operations, Bureau of Land
Management, entitled to severance pay under 5 U.S.C. 5595, may apply
for, and the Secretary of the Interior may pay, the total amount of the
severance pay to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the Federal Government
shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and
(3), except that any repayment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the
required employee contribution under 5 U.S.C. 8905a(d)(1)(A). The
Helium Fund shall pay for 18 months the remaining portion of required
contributions.
(c) The Secretary of the Interior may provide for training to
assist Helium Operations employees in the transition to other Federal
or private sector jobs during the facility shut-down and disposition
process and for up to 12 months following separation from Federal
employment, including retraining and relocation incentives on the same
terms and conditions as authorized for employees of the Department of
Defense in section 348 of the National Defense Authorization Act for
Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions of 5
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and
other related Helium Program activities shall be deemed to create an
exigency of public business under, and annual leave that is lost during
leave years 1997 through 2001 because of 5 U.S.C. 6304 (regardless of
whether such leave was scheduled in advance) shall be restored to the
employee and shall be credited and available in accordance with 5
U.S.C. 6304(d)(2). Annual leave so restored and remaining unused upon
the transfer of a Helium Program employee to a position of the
executive branch outside of the Helium Program shall be liquidated by
payment to the employee of a lump sum from the Helium Fund for such
leave.
(e) Benefits under this section shall be paid from the Helium Fund
in accordance with section 4(c)(4) of the Helium Privatization Act of
1996. Funds may be made available to Helium Program employees who are
or will be separated before October 1, 2002 because of the cessation of
helium production and sales and other related activities. Retraining
benefits, including retraining and relocation incentives, may be paid
for retraining commencing on or before September 30, 2002.
(f) This section shall remain in effect through fiscal year 2002.
Sec. 113. Notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
funds available herein and hereafter under this title for Indian self-
determination or self-governance contract or grant support costs may be
expended only for costs directly attributable to contracts, grants and
compacts pursuant to the Indian Self-Determination Act and no funds
appropriated in this title shall be available for any contract support
costs or indirect costs associated with any contract, grant,
cooperative agreement, self-governance compact or funding agreement
entered into between an Indian tribe or tribal organization and any
entity other than an agency of the Department of the Interior.
Sec. 114. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to develop
guidelines and permits for such activity appropriate to that unit.
Sec. 115. Notwithstanding any other provision of law, in fiscal
year 2000 and thereafter, the Secretary is authorized to permit
persons, firms or organizations engaged in commercial, cultural,
educational, or recreational activities (as defined in section 612a of
title 40, United States Code) not currently occupying such space to use
courtyards, auditoriums, meeting rooms, and other space of the main and
south Interior building complex, Washington, D.C., the maintenance,
operation, and protection of which has been delegated to the Secretary
from the Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949, and to assess
reasonable charges therefore, subject to such procedures as the
Secretary deems appropriate for such uses. Charges may be for the
space, utilities, maintenance, repair, and other services. Charges for
such space and services may be at rates equivalent to the prevailing
commercial rate for comparable space and services devoted to a similar
purpose in the vicinity of the main and south Interior building
complex, Washington, D.C. for which charges are being assessed. The
Secretary may without further appropriation hold, administer, and use
such proceeds within the Departmental Management Working Capital Fund
to offset the operation of the buildings under his jurisdiction,
whether delegated or otherwise, and for related purposes, until
expended.
Sec. 116. (a) In this section--
(1) the term ``Huron Cemetery'' means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary to
ensure that the lands comprising the Huron Cemetery (as described in
paragraph (3)) are used only in accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used only--
(A) for religious and cultural uses that are compatible
with the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is as
follows:
The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E.,
of the sixth principal meridian, in Wyandotte County, Kansas (as
surveyed and marked on the ground on August 15, 1888, by William
Millor, Civil Engineer and Surveyor), described as follows:
``Commencing on the Northwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 10;
``Thence South 28 poles to the `true point of beginning';
``Thence South 71 degrees East 10 poles and 18 links;
``Thence South 18 degrees and 30 minutes West 28 poles;
``Thence West 11 and one-half poles;
``Thence North 19 degrees 15 minutes East 31 poles and 15
feet to the `true point of beginning', containing 2 acres or
more.''.
Sec. 117. Grazing permits and leases which expire or are
transferred, in this or any fiscal year, shall be renewed under the
same terms and conditions as contained in the expiring permit or lease
until such time as the Secretary of the Interior completes the process
of renewing the permits or leases in compliance with all applicable
laws. Nothing in this language shall be deemed to affect the
Secretary's statutory authority or the rights of the permittee or
lessee.
Sec. 118. Refunds or rebates received on an on-going basis from a
credit card services provider under the Department of the Interior's
charge card programs may be deposited to and retained without fiscal
year limitation in the Departmental Working Capital Fund established
under 43 U.S.C. 1467 and used to fund management initiatives of general
benefit to the Department of the Interior's bureaus and offices as
determined by the Secretary or his designee.
Sec. 119. Appropriations made in this title under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior
appropriations Acts made under the same headings, shall be available
for expenditure or transfer for Indian trust management activities
pursuant to the Trust Management Improvement Project High Level
Implementation Plan.
Sec. 120. All properties administered by the National Park Service
at Fort Baker, Golden Gate National Recreation Area, and leases,
concessions, permits and other agreements associated with those
properties, shall be exempt from all taxes and special assessments,
except sales tax, by the State of California and its political
subdivisions, including the County of Marin and the City of Sausalito.
Such areas of Fort Baker shall remain under exclusive federal
jurisdiction.
Sec. 121. Notwithstanding any provision of law, the Secretary of
the Interior is authorized to negotiate and enter into agreements and
leases, without regard to section 321 of chapter 314 of the Act of June
30, 1932 (40 U.S.C. 303b), with any person, firm, association,
organization, corporation, or governmental entity for all or part of
the property within Fort Baker administered by the Secretary as part of
Golden Gate National Recreation Area. The proceeds of the agreements or
leases shall be retained by the Secretary and such proceeds shall be
available, without future appropriation, for the preservation,
restoration, operation, maintenance and interpretation and related
expenses incurred with respect to Fort Baker properties.
Sec. 122. None of the funds provided in this or any other Act may
be used for pre-design, design or engineering for the removal of the
Elwha or Glines Canyon Dams, or for the actual removal of either dam,
until such time as both dams are acquired by the Federal government
notwithstanding the proviso in section 3(a) of Public Law 102-495, as
amended.
Sec. 123. (a) Short Title.--This section may be cited as the
``Battle of Midway National Memorial Study Act''.
(b) Findings.--The Congress makes the following findings:
(1) September 2, 1997, marked the 52nd anniversary of the
United States victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point in
the war in the Pacific, as United States Navy forces inflicted
such severe losses on the Imperial Japanese Navy during the
battle that the Imperial Japanese Navy never again took the
offensive against the United States or the allied forces.
(3) During the Battle of Midway on June 4, 1942, an
outnumbered force of the United States Navy, consisting of 29
ships and other units of the Armed Forces under the command of
Admiral Nimitz and Admiral Spruance, out-maneuvered and out-
fought 350 ships of the Imperial Japanese Navy.
(4) It is in the public interest to study whether Midway
Atoll should be established as a national memorial to the
Battle of Midway to express the enduring gratitude of the
American people for victory in the battle and to inspire future
generations of Americans with the heroism and sacrifice of the
members of the Armed Forces who achieved that victory.
(5) The historic structures and facilities on Midway Atoll
should be protected and maintained.
(c) Purpose.--The purpose of this Act is to require a study of the
feasibility and suitability of designating the Midway Atoll as a
National Memorial to the Battle of Midway within the boundaries of the
Midway Atoll National Wildlife Refuge. The study of the Midway Atoll
and its environs shall include, but not be limited to, identification
of interpretative opportunities for the educational and inspirational
benefit of present and future generations, and of the unique and
significant circumstances involving the defense of the island by the
United States in World War II and the Battle of Midway.
(d) Study of the Establishment of Midway Atoll as a National
Memorial to the Battle of Midway.--
(1) In general.--Not later than six months after the date
of enactment of this Act, the Secretary of the Interior shall,
acting through the Director of the National Park Service and in
consultation with the Director of the United States Fish and
Wildlife Service, the International Midway Memorial Foundation,
Inc. (hereafter referred to as the ``Foundation''), and Midway
Phoenix Corporation, carry out a study of the suitability and
feasibility of establishing Midway Atoll as a national memorial
to the Battle of Midway.
(2) Considerations.--In studying the establishment of
Midway Atoll as a national memorial to the Battle of Midway
under paragraph (1), the Secretary shall address the following:
(A) The appropriate federal agency to manage such a
memorial, and whether and under what conditions, to
lease or otherwise allow the Foundation or another
appropriate entity to administer, maintain, and fully
utilize the lands (including any equipment, facilities,
infrastructure, and other improvements) and waters of
Midway Atoll if designated as a national memorial.
(B) Whether designation as a national memorial
would conflict with current management of Midway Atoll
as a wildlife refuge and whether, and under what
circumstances, the needs and requirements of the
wildlife refuge should take precedence over the needs
and requirements of a national memorial on Midway
Atoll.
(C) Whether, and under what conditions, to permit
the use of the facilities on Sand Island for purposes
other than a wildlife refuge or a national memorial.
(D) Whether to impose conditions on public access
to Midway Atoll as a national memorial.
(3) Report.--Upon completion of the study required under
paragraph (1), the Secretary shall submit, to the Committee on
Energy and Natural Resources of the United States Senate and
the Committee on Resources of the House of Representatives, a
report on the study, which shall include any recommendations
for further legislative action. The report shall also include
an inventory of all known past and present facilities and
structures of historical significance on Midway Atoll and its
environs. The report shall include a description of each
historic facility and structure and a discussion of how each
will contribute to the designation and interpretation of the
proposed national memorial.
(e) Continuing Discussions.--Nothing in this Act shall be construed
to delay or prohibit discussions between the Foundation and the United
States Fish and Wildlife Service or any other government entity
regarding the future role of the Foundation on Midway Atoll.
Sec. 124. Where any Federal lands included within the boundary of
Lake Roosevelt National Recreation Area as designated by the Secretary
of the Interior on April 5, 1990 (Lake Roosevelt Cooperative Management
Agreement) were utilized as of March 31, 1997, for grazing purposes
pursuant to a permit issued by the National Park Service, the person or
persons so utilizing such lands shall be entitled to renew said permit
under such terms and conditions as the Secretary may prescribe, for the
lifetime of the permittee or 20 years, whichever is less.
Sec. 125. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds on the basis of identified,
unmet needs. No tribe shall receive a reduction in Tribal Priority
Allocation funds of more than ten percent in fiscal year 2000.
Sec. 126. None of the Funds provided in this Act shall be available
to the Bureau of Indian Affairs or the Department of the Interior to
transfer land into trust status for the Shoalwater Bay Indian Tribe in
Clark County, Washington, unless and until the tribe and the county
reach a legally enforceable agreement that addresses the financial
impact of new development on the county, school district, fire
district, and other local governments and the impact on zoning and
development.
Sec. 127. None of the funds provided in this Act shall be available
to the Department of the Interior or agencies of the Department of the
Interior to implement Secretarial Order 3206, issued June 5, 1997.
Sec. 128. Of the funds appropriated in title V of the Fiscal Year
1998 Interior and Related Agencies Appropriation Act, Public Law 105-
83, the Secretary shall provide up to $2,000,000 in the form of a grant
to the Fairbanks North Star Borough for acquisition of undeveloped
parcels along the banks of the Chena River for the purpose of
establishing an urban greenbelt within the Borough. The Secretary shall
further provide from the funds appropriated in title V up to $1,000,000
in the form of a grant to the Municipality of Anchorage for the
acquisition of approximately 34 acres of wetlands adjacent to a
municipal park in Anchorage (the Jewel Lake Wetlands).
Sec. 129. Funds sufficient to cover the cost of preparation of an
Environmental Impact Statement are hereby redirected from the funds
appropriated in the fiscal year 1999 Department of Interior
Appropriations Bill, Bureau of Indian Affairs, Safety of Dams
Construction Account, Weber Dam. These funds are directed to be used
for completion of an environmental impact statement to facilitate
resolution of fish passage issues associated with the reconstruction of
the Weber Dam and Reservoir on the Walker River Paiute Reservation in
Nevada. The analysis shall include, but not be limited to: (1) an
evaluation of whether any reservoir, and if so what capacity reservoir,
is needed to assure that the water rights of the Walker River Paiute
Tribe can be adequately served with surface water; (2) an evaluation of
the feasibility and cost of constructing a new off stream reservoir as
a replacement for Weber Reservoir; (3) an evaluation of the feasibility
and cost of converting Weber Reservoir into an off stream reservoir;
and (4) an evaluation of the feasibility and cost of serving the water
rights of the Walker River Paiute Tribe with groundwater. The BIA is
directed to work through the Bureau of Reclamation, either via contract
or memorandum of understanding, to complete this environmental impact
statement within 18 months of enactment of this act. No contract for
construction or reconstruction of the Weber Dam shall be awarded until
such Environmental Impact Statement is completed. In addition, $125,000
of the funds appropriated in fiscal year 1999 to the Bureau of Indian
Affairs, Safety of Dams Construction Account, Weber Dam, shall be
directed to assist the Walker River Paiute Tribe in exploring the
feasibility of establishing a Tribal-operated Lahontan cutthroat trout
hatchery on the Walker River, in recognition of the negative impacts on
the tribe associated with delay in reconstruction of Weber Dam.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $187,444,000, to remain available until expended.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, cooperative forestry, and
education and land conservation activities, $190,793,000, to remain
available until expended, as authorized by law.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, and for administrative expenses
associated with the management of funds provided under the headings
``Forest and Rangeland Research'', ``State and Private Forestry'',
``National Forest System'', ``Wildland Fire Management'',
``Reconstruction and Construction'', and ``Land Acquisition'',
$1,239,051,000, to remain available until expended, which shall include
50 percent of all moneys received during prior fiscal years as fees
collected under the Land and Water Conservation Fund Act of 1965, as
amended, in accordance with section 4 of the Act (16 U.S.C. 460l-
6a(i)).
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned-over National Forest System
lands and water, $560,980,000, to remain available until expended:
Provided, That such funds are available for repayment of advances from
other appropriations accounts previously transferred for such purposes:
Provided further, That notwithstanding any other provision of law, up
to $4,000,000 of funds appropriated under this appropriation may be
used for Fire Science Research in support of the Joint Fire Science
Program: Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative agreements,
available to execute the Forest Service and Rangeland Research
appropriation, are also available in the utilization of these funds for
Fire Science Research.
For an additional amount to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and wildfire
suppression activities of the Forest Service, $90,000,000, to remain
available until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That these funds shall be
available only to the extent an official budget request for a specific
dollar amount, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress.
reconstruction and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $362,095,000, to remain available until expended for
construction, reconstruction, maintenance and acquisition of buildings
and other facilities, and for construction, reconstruction, repair and
maintenance of forest roads and trails by the Forest Service as
authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided,
That up to $15,000,000 of the funds provided herein for road
maintenance shall be available for the decommissioning of roads,
including unauthorized roads not part of the transportation system,
which are no longer needed: Provided further, That no funds shall be
expended to decommission any system road until notice and an
opportunity for public comment has been provided on each
decommissioning project: Provided further, That any unexpended balances
of amounts previously appropriated for Forest Service Reconstruction
and Construction as well as any unobligated balances remaining in the
National Forest System appropriation in the facility maintenance and
trail maintenance extended budget line items at the end of fiscal year
1999 may be transferred to and made a part of this appropriation.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $37,170,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended: Provided, That subject to valid existing rights, all
Federally owned lands and interests in lands within the New World
Mining District comprising approximately 26,223 acres, more or less,
which are described in a Federal Register notice dated August 19, 1997
(62 F.R. 44136-44137), are hereby withdrawn from all forms of entry,
appropriation, and disposal under the public land laws, and from
location, entry and patent under the mining laws, and from disposition
under all mineral and geothermal leasing laws.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,069,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act of
December 4, 1967, as amended (16 U.S.C. 484a), to remain available
until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the sixteen Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 110 passenger
motor vehicles of which 15 will be used primarily for law enforcement
purposes and of which 109 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such
vehicles; operation and maintenance of aircraft, the purchase of not to
exceed three for replacement only, and acquisition of sufficient
aircraft from excess sources to maintain the operable fleet at 213
aircraft for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds derived or
trade-in value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to exceed
$100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection,
and alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein, pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the
National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for
debt collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance, education
and training, and cooperation with United States and international
organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by
the House and Senate Committees on Appropriations in compliance with
the reprogramming procedures contained in House Report 105-163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures
contained in House Report 105-163.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
Funds available to the Forest Service shall be available to conduct
a program of not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93-408.
Of the funds available to the Forest Service, $1,500 is available
to the Chief of the Forest Service for official reception and
representation expenses.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even-aged management in hardwood
stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $2,250,000 may be
advanced in a lump sum as Federal financial assistance to the National
Forest Foundation, without regard to when the Foundation incurs
expenses, for administrative expenses or projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, That of the Federal funds made available to the Foundation,
no more than $400,000 shall be available for administrative expenses:
Provided further, That the Foundation shall obtain, by the end of the
period of Federal financial assistance, private contributions to match
on at least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer Federal
funds to a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds: Provided
further, That hereafter, the National Forest Foundation may hold
Federal funds made available but not immediately disbursed and may use
any interest or other investment income earned (before, on, or after
the date of enactment of this Act) on Federal funds to carry out the
purposes of Public Law 101-593: Provided further, That such investments
may be made only in interest-bearing obligations of the United States
or in obligations guaranteed as to both principal and interest by the
United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,650,000
of the funds available to the Forest Service shall be available for
matching funds to the National Fish and Wildlife Foundation, as
authorized by 16 U.S.C. 3701-3709, and may be advanced in a lump sum as
Federal financial assistance, without regard to when expenses are
incurred, for projects on or benefitting National Forest System lands
or related to Forest Service programs: Provided, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds
advanced by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal matching
funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System''
and ``Reconstruction and Construction'' accounts and planned to be
allocated to activities under the ``Jobs in the Woods'' program for
projects on National Forest land in the State of Washington may be
granted directly to the Washington State Department of Fish and
Wildlife for accomplishment of planned projects. Twenty percent of said
funds shall be retained by the Forest Service for planning and
administering projects. Project selection and prioritization shall be
accomplished by the Forest Service with such consultation with the
State of Washington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that
a donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-134, the direct grants
provided in subsection (c) shall be considered direct payments for
purposes of all applicable law except that these direct grants may not
be used for lobbying activities.
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other
agency or office of the Department for more than 30 days unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
The Forest Service shall fund overhead, national commitments,
indirect expenses, and any other category for use of funds which are
expended at any units, that are not directly related to the
accomplishment of specific work on-the-ground (referred to as
``indirect expenditures''), from funds available to the Forest Service,
unless otherwise prohibited by law: Provided, That the Forest Service
shall implement and adhere to the definitions of indirect expenditures
established pursuant to Public Law 105-277 on a nationwide basis
without flexibility for modification by any organizational level except
the Washington Office, and when changed by the Washington Office, such
changes in definition shall be reported in budget requests submitted by
the Forest Service: Provided further, That the Forest Service shall
provide in all future budget justifications, planned indirect
expenditures in accordance with the definitions, summarized and
displayed to the Regional, Station, Area, and detached unit office
level. The justification shall display the estimated source and amount
of indirect expenditures, by expanded budget line item, of funds in the
agency's annual budget justification. The display shall include
appropriated funds and the Knutson-Vandenberg, Brush Disposal,
Cooperative Work-Other, and Salvage Sale funds. Changes between
estimated and actual indirect expenditures shall be reported in
subsequent budget justifications: Provided further, That during fiscal
year 2000 the Secretary shall limit total annual indirect obligations
from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg,
Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent
of the total obligations from each fund.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service may be used to reimburse the
Office of the General Counsel (OGC), Department of Agriculture, for
travel and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings, training
sessions, management reviews, land purchase negotiations and similar
non-litigation related matters: Provided, That no more than $500,000 is
transferred: Provided further, That future budget justifications for
both the Forest Service and the Department of Agriculture clearly
display the sums previously transferred and request future funding
levels.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee
safety.
Of any funds available to Region 10 of the Forest Service,
exclusive of funds for timber sales management or road reconstruction/
construction, $7,000,000 shall be used in fiscal year 2000 to support
implementation of the recent amendments to the Pacific Salmon Treaty
with Canada which require fisheries enhancements on the Tongass
National Forest.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $156,000,000 shall not be available until October 1, 2000:
Provided, That funds made available in previous appropriations Acts
shall be available for any ongoing project regardless of the separate
request for proposal under which the project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and 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), performed under the minerals and
materials science programs at the Albany Research Center in Oregon,
$390,975,000, to remain available until expended, of which $24,000,000
shall be derived by transfer from unobligated balances in the Biomass
Energy Development account: Provided, That no part of the sum herein
made available shall be used for the field testing of nuclear
explosives in the recovery of oil and gas.
alternative fuels production
(including transfer of funds)
Moneys received as investment income on the principal amount in the
Great Plains Project Trust at the Norwest Bank of North Dakota, in such
sums as are earned as of October 1, 1999, shall be deposited in this
account and immediately transferred to the general fund of the
Treasury. Moneys received as revenue sharing from operation of the
Great Plains Gasification Plant and settlement payments shall be
immediately transferred to the general fund of the Treasury.
naval petroleum and oil shale reserves
The requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to
fiscal year 2000: Provided, That, notwithstanding any other provision
of law, unobligated funds remaining from prior years shall be available
for all naval petroleum and oil shale reserve activities.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $682,817,000, to remain available until expended, of which
$25,000,000 shall be derived by transfer from unobligated balances in
the Biomass Energy Development account: Provided, That $166,000,000
shall be for use in energy conservation programs as defined in section
3008(3) of Public Law 99-509 (15 U.S.C. 4507): Provided further, That
notwithstanding section 3003(d)(2) of Public Law 99-509, such sums
shall be allocated to the eligible programs as follows: $133,000,000
for weatherization assistance grants and $33,000,000 for State energy
conservation grants.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $2,000,000, to remain available until
expended.
strategic petroleum reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $159,000,000, to remain available until expended:
Provided, That the Secretary of Energy hereafter may transfer to the
SPR Petroleum Account such funds as may be necessary to carry out
drawdown and sale operations of the Strategic Petroleum Reserve
initiated under section 161 of the Energy Policy and Conservation Act
(42 U.S.C. 6241) from any funds available to the Department of Energy
under this Act or previous appropriations Acts. All funds transferred
pursuant to this authority must be replenished as promptly as possible
from oil sale receipts pursuant to the drawdown and sale.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $70,500,000, to remain available until
expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made
to other agencies of the Government for the performance of work for
which the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State,
private or foreign: Provided, That revenues and other moneys received
by or for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects of the
Department appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing entities
as provided in appropriate cost-sharing contracts or agreements:
Provided further, That the remainder of revenues after the making of
such payments shall be covered into the Treasury as miscellaneous
receipts: Provided further, That any contract, agreement, or provision
thereof entered into by the Secretary pursuant to this authority shall
not be executed prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in session
because of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full comprehensive
report on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $2,135,561,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) for services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the
time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That $12,000,000 shall remain available
until expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $384,442,000 for contract medical care shall
remain available for obligation until September 30, 2001: Provided
further, That of the funds provided, up to $17,000,000 shall be used to
carry out the loan repayment program under section 108 of the Indian
Health Care Improvement Act: Provided further, That funds provided in
this Act may be used for one-year contracts and grants which are to be
performed in two fiscal years, so long as the total obligation is
recorded in the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health and
Human Services under the authority of title IV of the Indian Health
Care Improvement Act shall remain available until expended for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian Health
Care Improvement Act (25 U.S.C. 1613) shall remain available for
obligation until September 30, 2001: Provided further, That amounts
received by tribes and tribal organizations under title IV of the
Indian Health Care Improvement Act shall be reported and accounted for
and available to the receiving tribes and tribal organizations until
expended: Provided further, That, notwithstanding any other provision
of law, of the amounts provided herein, not to exceed $203,781,000
shall be for payments to tribes and tribal organizations for contract
or grant support costs associated with contracts, grants, self-
governance compacts or annual funding agreements between the Indian
Health Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to or during
fiscal year 2000.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $189,252,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefore as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with the functions or activities for which
the appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities: Provided,
That in accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall be
available without fiscal year limitation: Provided further, That
notwithstanding any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian Health
Service shall be administered under Public Law 86-121 (the Indian
Sanitation Facilities Act) and Public Law 93-638, as amended: Provided
further, That funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That
notwithstanding any other provision of law, funds previously or herein
made available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or title III of the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title III
of such Act and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided further,
That none of the funds made available to the Indian Health Service in
this Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health Service
has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and accounted
for in the appropriation structure set forth in this Act: Provided
further, That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those entities,
on a reimbursable basis, including payment in advance with subsequent
adjustment, and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding, said amounts to
remain available until expended: Provided further, That reimbursements
for training, technical assistance, or services provided by the Indian
Health Service will contain total costs, including direct,
administrative, and overhead associated with the provision of goods,
services, or technical assistance: Provided further, That the
appropriation structure for the Indian Health Service may not be
altered without advance approval of the House and Senate Committees on
Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $8,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $4,250,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental,
repair, and cleaning of uniforms for employees; $364,562,000, of which
not to exceed $40,704,000 for the instrumentation program, collections
acquisition, Museum Support Center equipment and move, exhibition
reinstallation, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain available
until expended, and including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for the
Council of American Overseas Research Centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $4,400,000, to remain available until
expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings owned
or occupied by the Smithsonian Institution, by contract or otherwise,
as authorized by section 2 of the Act of August 22, 1949 (63 Stat.
623), including not to exceed $10,000 for services as authorized by 5
U.S.C. 3109, $35,000,000, to remain available until expended: Provided,
That contracts awarded for environmental systems, protection systems,
and exterior repair or restoration of buildings of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
construction
For necessary expenses for construction, $19,000,000, to remain
available until expended.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to initiate
the design for any proposed expansion of current space or new facility
without consultation with the House and Senate Appropriations
Committees.
The Smithsonian Institution shall not use Federal funds in excess
of the amount specified in Public Law 101-185 for the construction of
the National Museum of the American Indian.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $61,438,000, of which not to exceed $3,026,000 for the special
exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $6,311,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $14,000,000.
construction
For necessary expenses for capital repair and rehabilitation of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $20,000,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$6,040,000.
National Foundation on the arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $86,000,000 shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts through assistance to
organizations and individuals pursuant to sections 5(c) and 5(g) of the
Act, for program support, and for administering the functions of the
Act, to remain available until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$13,000,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $97,550,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$14,150,000, to remain available until expended, of which $10,150,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Institute of Museum and Library Services
office of museum services
grants and administration
For carrying out subtitle C of the Museum and Library Services Act
of 1996, as amended, $23,905,000, to remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $1,078,000: Provided, That beginning in
fiscal year 2000 and thereafter, the Commission is authorized to charge
fees to cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to remain
available until expended without further appropriation.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,906,000: Provided,
That none of these funds shall be available for compensation of level V
of the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $6,312,000: Provided, That all appointed
members will be compensated at a rate not to exceed the rate for level
IV of the Executive Schedule.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $33,286,000, of which
$1,575,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks
and Public Lands Management Act of 1996, $24,400,000 shall be available
to the Presidio Trust, to remain available until expended, of which up
to $1,040,000 may be for the cost of guaranteed loans, as authorized by
section 104(d) of the Act: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $200,000,000. The Trust is authorized
to issue obligations to the Secretary of the Treasury pursuant to
section 104(d)(3) of the Act, in an amount not to exceed $20,000,000.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive Order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which congressional action is
not complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 1999.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal
of the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program, unless
the relevant agencies of the Department of the Interior and/or
Agriculture follow appropriate reprogramming guidelines: Provided, That
if no funds are provided for the AmeriCorps program by the Departments
of Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999, then none of the funds appropriated
or otherwise made available by this Act may be used for the AmeriCorps
programs.
Sec. 311. None of the funds made available in this Act may be used:
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is
made known to the Federal official having authority to obligate or
expend such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 312. (a) Limitation of Funds.--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.
(b) Exceptions.--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) Report.--On September 30, 2000, the Secretary of the Interior
shall 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 Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims
or mill sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 313. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau of
Indian Affairs and the Indian Health Service by Public Laws 103-138,
103-332, 104-134, 104-208, 105-83, and 105-277 for payments to tribes
and tribal organizations for contract support costs associated with
self-determination or self-governance contracts, grants, compacts, or
annual funding agreements with the Bureau of Indian Affairs or the
Indian Health Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 1999 for such purposes, except
that, for the Bureau of Indian Affairs, tribes and tribal organizations
may use their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, self-governance compacts or annual funding
agreements.
Sec. 314. Notwithstanding any other provision of law, for fiscal
year 2000 the Secretaries of Agriculture and the Interior are
authorized to limit competition for watershed restoration project
contracts as part of the ``Jobs in the Woods'' component of the
President's Forest Plan for the Pacific Northwest or the Jobs in the
Woods Program established in Region 10 of the Forest Service to
individuals and entities in historically timber-dependent areas in the
States of Washington, Oregon, northern California and Alaska that have
been affected by reduced timber harvesting on Federal lands.
Sec. 315. None of the funds collected under the Recreational Fee
Demonstration program may be used to plan, design, or construct a
visitor center or any other permanent structure without prior approval
of the House and the Senate Committees on Appropriations if the
estimated total cost of the facility exceeds $500,000.
Sec. 316. (a) None of the funds made available in this Act or any
other Act providing appropriations for the Department of the Interior,
the Forest Service or the Smithsonian Institution may be used to submit
nominations for the designation of Biosphere Reserves pursuant to the
Man and Biosphere program administered by the United Nations
Educational, Scientific, and Cultural Organization.
(b) The provisions of this section shall be repealed upon enactment
of subsequent legislation specifically authorizing United States
participation in the Man and Biosphere program.
Sec. 317. None of the funds made available in this or any other Act
for any fiscal year may be used to designate, or to post any sign
designating, any portion of Canaveral National Seashore in Brevard
County, Florida, as a clothing-optional area or as an area in which
public nudity is permitted, if such designation would be contrary to
county ordinance.
Sec. 318. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 319. The National Endowment for the Arts and the National
Endowment for the Humanities are authorized to solicit, accept,
receive, and invest in the name of the United States, gifts, bequests,
or devises of money and other property or services and to use such in
furtherance of the functions of the National Endowment for the Arts and
the National Endowment for the Humanities. Any proceeds from such
gifts, bequests, or devises, after acceptance by the National Endowment
for the Arts or the National Endowment for the Humanities, shall be
paid by the donor or the representative of the donor to the Chairman.
The Chairman shall enter the proceeds in a special interest-bearing
account to the credit of the appropriate endowment for the purposes
specified in each case.
Sec. 320. No part of any appropriation contained in this Act shall
be expended or obligated to fund new revisions of national forest land
management plans until new final or interim final rules for forest land
management planning are published in the Federal Register. Those
national forests which are currently in a revision process, having
formally published a Notice of Intent to revise prior to October 1,
1997; those national forests having been court-ordered to revise; those
national forests where plans reach the fifteen year legally mandated
date to revise before or during calendar year 2000; national forests
within the Interior Columbia Basin Ecosystem study area; and the White
Mountain National Forest are exempt from this section and may use funds
in this Act and proceed to complete the forest plan revision in
accordance with current forest planning regulations.
Sec. 321. No part of any appropriation contained in this Act shall
be expended or obligated to complete and issue the five-year program
under the Forest and Rangeland Renewable Resources Planning Act.
Sec. 322. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals who have historically been outside the purview
of arts and humanities programs due to factors such as a high
incidence of income below the poverty line or to geographic
isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 323. None of the funds in this Act may be used for planning,
design or construction of improvements to Pennsylvania Avenue in front
of the White House without the advance approval of the House and Senate
Committees on Appropriations.
Sec. 324. Notwithstanding any other provision of law, none of the
funds provided in this Act to the Indian Health Service or Bureau of
Indian Affairs may be used to enter into any new or expanded self-
determination contract or grant or self-governance compact pursuant to
the Indian Self-Determination Act of 1975, as amended, for any
activities not previously covered by such contracts, compacts or
grants. Nothing in this section precludes the continuation of those
specific activities for which self-determination and self-governance
contracts, compacts and grants currently exist or the renewal of
contracts, compacts and grants for those activities; implementation of
section 325 of Public Law 105-83 (111 Stat. 1597); or compliance with
25 U.S.C. 2005.
Sec. 325. Amounts deposited during fiscal year 1999 in the roads
and trails fund provided for in the fourteenth paragraph under the
heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843;
16 U.S.C. 501), shall be used by the Secretary of Agriculture, without
regard to the State in which the amounts were derived, to repair or
reconstruct roads, bridges, and trails on National Forest System lands
or to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of roads,
bridges, and trails on National Forest System lands in the wildland-
community interface where there is an abnormally high risk of fire. The
projects shall emphasize reducing risks to human safety and public
health and property and enhancing ecological functions, long-term
forest productivity, and biological integrity. The Secretary shall
commence the projects during fiscal year 2000, but the projects may be
completed in a subsequent fiscal year. Funds shall not be expended
under this section to replace funds which would otherwise appropriately
be expended from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environmental law.
Sec. 326. Hardwood Technology Transfer and Applied Research. (a)
The Secretary of Agriculture (hereinafter the ``Secretary'') is hereby
and hereafter authorized to conduct technology transfer and
development, training, dissemination of information and applied
research in the management, processing and utilization of the hardwood
forest resource. This authority is in addition to any other authorities
which may be available to the Secretary including, but not limited to,
the Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C.
2101 et. seq.), and the Forest and Rangeland Renewable Resources Act of
1978, as amended (16 U.S.C. 1600-1614).
(b) In carrying out this authority, the Secretary may enter into
grants, contracts, and cooperative agreements with public and private
agencies, organizations, corporations, institutions and individuals.
The Secretary may accept gifts and donations pursuant to the Act of
October 10, 1978 (7 U.S.C. 2269) including gifts and donations from a
donor that conducts business with any agency of the Department of
Agriculture or is regulated by the Secretary of Agriculture.
(c) The Secretary is hereby and hereafter authorized to operate and
utilize the assets of the Wood Education and Resource Center
(previously named the Robert C. Byrd Hardwood Technology Center in West
Virginia) as part of a newly formed ``Institute of Hardwood Technology
Transfer and Applied Research'' (hereinafter the ``Institute''). The
Institute, in addition to the Wood Education and Resource Center, will
consist of a Director, technology transfer specialists from State and
Private Forestry, the Forestry Sciences Laboratory in Princeton, West
Virginia, and any other organizational unit of the Department of
Agriculture as the Secretary deems appropriate. The overall management
of the Institute will be the responsibility of the USDA Forest Service,
State and Private Forestry.
(d) The Secretary is hereby and hereafter authorized to generate
revenue using the authorities provided herein. Any revenue received as
part of the operation of the Institute shall be deposited into a
special fund in the Treasury of the United States, known as the
``Hardwood Technology Transfer and Applied Research Fund'', which shall
be available to the Secretary until expended, without further
appropriation, in furtherance of the purposes of this section,
including upkeep, management, and operation of the Institute and the
payment of salaries and expenses.
(e) There are hereby and hereafter authorized to be appropriated
such sums as necessary to carry out the provisions of this section.
Sec. 327. No timber in Region 10 of the Forest Service shall be
advertised for sale which, when using domestic Alaska western red cedar
selling values and manufacturing costs, fails to provide at least 60
percent of normal profit and risk of the appraised timber, except at
the written request by a prospective bidder. Program accomplishments
shall be based on volume sold. Should Region 10 sell, in fiscal year
2000, the annual average portion of the decadal allowable sale quantity
called for in the current Tongass Land Management Plan which provides
greater than 60 percent of normal profit and risk at the time of the
sale advertisement, all of the western red cedar timber from those
sales which is surplus to the needs of domestic processors in Alaska,
shall be made available to domestic processors in the contiguous 48
United States based on values in the Pacific Northwest as determined by
the Forest Service and stated in the timber sale contract. Should
Region 10 sell, in fiscal year 2000, less than the annual average
portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan meeting the 60 percent of normal
profit and risk standard at the time of sale advertisement, the volume
of western red cedar timber available to domestic processors at rates
specified in the timber sale contract in the contiguous 48 states shall
be that volume: (i) which is surplus to the needs of domestic
processors in Alaska; and (ii) is that percent of the surplus western
red cedar volume determined by calculating the ratio of the total
timber volume which has been sold on the Tongass to the annual average
portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan. The percentage shall be
calculated by Region 10 on a rolling basis as each sale is sold. (For
purposes of this amendment, a ``rolling basis'' shall mean that the
determination of how much western red cedar is eligible for sale to
various markets shall be made at the time each sale is awarded.)
Western red cedar shall be deemed ``surplus to the needs of domestic
processors in Alaska'' when the timber sale holder has presented to the
Forest Service documentation of the inability to sell western red cedar
logs from a given sale to domestic Alaska processors at a price equal
to or greater than the log selling value stated in the contract. All
additional western red cedar volume not sold to Alaska or contiguous 48
United States domestic processors may be exported to foreign markets at
the election of the timber sale holder. All Alaska yellow cedar may be
sold at prevailing export prices at the election of the timber sale
holder.
Sec. 328. No funds available to the Secretary of Agriculture or the
Secretary of the Interior in any fiscal year shall be used to introduce
grizzly bears into the State of Idaho or the State of Montana without
the express written approval of the governors of both states.
Sec. 329. For fiscal year 2000, the Secretary of Agriculture, with
respect to lands within the National Forest System, and the Secretary
of the Interior, with respect to lands under the jurisdiction of the
Bureau of Land Management, shall use the best available scientific and
commercial data in amending or revising resource management plans for,
and offering sales, issuing leases, or otherwise authorizing or
undertaking management activities on, lands under their respective
jurisdictions: Provided, That the Secretaries may at their discretion
determine whether any additional information concerning wildlife
resources shall be collected prior to approving any such plan, sale,
lease or other activity, and, if so, the type of, and collection
procedures for, such information.
Sec. 330. The Secretary of Agriculture and the Secretary of the
Interior shall:
(a) prepare the report required of them by section 323(a)
of the Fiscal Year 1998 Interior and Related Agencies
Appropriations Act (Public Law 105-83; 111 Stat. 1543, 1596-7);
(b) make the report available for public comment for a
period of not less than 120 days; and
(c) include the information contained in the report and a
detailed response or responses to any such public comment in
any final environmental impact statement associated with the
Interior Columbia Basin Ecosystem Project.
Sec. 331. Section 7 of the Service Contract Act (SCA), 41 U.S.C.
section 356 is amended by adding the following paragraph:
``(8) any concession contract with Federal land management
agencies, the principal purpose of which is the provision of
recreational services to the general public, including lodging,
campgrounds, food, stores, guiding, recreational equipment,
fuel, transportation, and skiing, provided that this exemption
shall not affect the applicability of the Davis-Bacon Act, 40
U.S.C. section 276a et seq., to construction contracts
associated with these concession contracts.''.
Sec. 332. Timber and Special Forest Products. (a) Definition of
Special Forest Product.--For purposes of this section, the term
``special forest product'' means any vegetation or other life forms,
such as mushrooms and fungi that grows on National Forest System lands,
excluding trees, animals, insects, or fish except as provided in
regulations issued under this section by the Secretary of Agriculture.
(b) Fair Market Value for Special Forest Products.--The Secretary
of Agriculture shall develop and implement a pilot program to charge
and collect not less than the fair market value for special forest
products harvested on National Forest System lands. The authority for
this pilot program shall be for fiscal years 2000 through 2004. The
Secretary of Agriculture shall establish appraisal methods and bidding
procedures to ensure that the amounts collected for special forest
products are not less than fair market value.
(c) Fees.--
(1) In general.--The Secretary of Agriculture shall charge
and collect from persons who harvest special forest products
all costs to the Department of Agriculture associated with the
granting, modifying, or monitoring the authorization for
harvest of the special forest products, including the costs of
any environmental or other analysis.
(2) Security.--The Secretary of Agriculture may require a
person that is assessed a fee under this subsection to provide
security to ensure that the Secretary of Agriculture receives
fees authorized under this subsection from such person.
(d) Waiver.--The Secretary of Agriculture may waive the application
of subsection (b) or subsection (c) pursuant to such regulations as the
Secretary of Agriculture may prescribe.
(e) Collection and Use of Funds.--
(1) Funds collected in accordance with subsection (b) and
subsection (c) shall be deposited into a special account in the
Treasury of the United States.
(2) Funds deposited into the special account in the
Treasury in accordance with this section in excess of the
amounts collected for special forest products during fiscal
year 1999 shall be available for expenditure by the Secretary
of Agriculture on October 1, 2000 without further
appropriation, and shall remain available until expended to pay
for--
(A) in the case of funds collected pursuant to
subsection (b), the costs of conducting inventories of
special forest products, monitoring and assessing the
impacts of harvest levels and methods, and for
restoration activities, including any necessary
vegetation; and
(B) in the case of fees collected pursuant to
subsection (c), the costs for which the fees were
collected.
(3) Amounts collected in accordance with subsection (b) and
subsection (c) shall not be taken into account for the purposes
of the sixth paragraph under the heading of ``Forest Service''
of the Act of May 23, 1908 (16 U.S.C. Sec. 500); section 13 of
the Act of March 1, 1911 (16 U.S.C. Sec. 500); the Act of
March 4, 1913 (16 U.S.C. Sec. 501); the Act of July 22, 1937
(7 U.S.C. Sec. 1012); the Acts of August 8, 1937 and of May
24, 1939 (43 U.S.C. Sec. Sec. 1181 et. seq.); the Act of June
14, 1926 (43 U.S.C. Sec. 869-4); chapter 69 of title 31 United
States Code; section 401 of the Act of June 15, 1935 (16 U.S.C.
Sec. 715s); the Land and Water Conservation Fund Act of 1965
(16 U.S.C. Sec. 460l-6a); and any other provision of law
relating to revenue allocation.
Sec. 333. Title III, section 3001 of Public Law 106-31 is amended
by inserting after the word ``Alabama,'' the following phrase ``in
fiscal year 1999 or 2000''.
Sec. 334. The authority to enter into stewardship and end result
contracts provided to the Forest Service in accordance with Section 347
of Title III of Section 101(e) of Division A of Public Law 105-825 is
hereby expanded to authorize the Forest Service to enter into an
additional 9 contracts in Region One.
Sec. 335. Local Exemptions From Forest Service Demonstration
Program Fees. Section 6906 of Title 31, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before
``Necessary''; and
(2) by adding at the end the following:
``(b) Local Exemptions From Demonstration Program Fees.--
``(1) In general.--Each unit of general local government
that lies in whole or in part within the White Mountain
National Forest and persons residing within the boundaries of
that unit of general local government shall be exempt during
that fiscal year from any requirement to pay a Demonstration
Program Fee (parking permit or passport) imposed by the
Secretary of Agriculture for access to the Forest.
``(2) Administration.--The Secretary of Agriculture shall
establish a method of identifying persons who are exempt from
paying user fees under paragraph (1). This method may include
valid form of identification including a drivers license.''.
Sec. 336. Millsites Opinion. Prohibition on Millsite Limitations.--
Notwithstanding the opinion dated November 7, 1997, by the Solicitor of
the Department of the Interior concerning millsites under the general
mining law (referred to in this section as the ``opinion''), in
accordance with the millsite provisions of the Bureau of Land
Management's Manual Sec. 3864.1.B (dated 1991), the Bureau of Land
Management Handbook for Mineral Examiners H-3890-1, page III-8 (dated
1989), and section 2811.33 of the Forest Service Manual (dated 1990),
the Department of the Interior and the Department of Agriculture shall
not limit the number or acreage of millsites based on the ratio between
the number or acreage of millsites and the number or acreage of
associated lode or placer claims for any fiscal year.
Sec. 337. Notwithstanding section 343 of Public Law 105-83,
increases in recreation residence fees may be implemented in fiscal
year 2000: Provided, That such an increase would not result in a fee
that exceeds 125 percent of the fiscal year 1998 fee.
Sec. 338. No federal monies appropriated for the purchase of land
by the Forest Service in the Columbia River Gorge National Scenic Area
(``CRGNSA'') may be used unless the Forest Service complies with the
acquisition protocol set out in this section:
(a) Purchase Option Requirement.--Upon the Forest Service
making a determination that the agency intends to pursue
purchase of land or an interest in land located within the
boundaries of the CRGNSA, the Forest Service and the owner of
the land or interest in land to be purchased shall enter into a
written purchase option agreement in which the landowner agrees
to retain ownership of the interest in land to be acquired for
a period not to exceed one year. In return, the Forest Service
shall agree to abide by the bargaining and arbitration process
set out in this section.
(b) Opt Out.--After the Forest Service and landowner have
entered into the purchase option agreement, the landowner may
at any time prior to federal acquisition voluntarily opt out of
the purchase option agreement.
(c) Selection of Appraisers.--Once the landowner and Forest
Service both have executed the required purchase option, the
landowner and Forest Service each shall select an appraiser to
appraise the land or interest in land described in the purchase
option. The landowner and Forest Service both shall instruct
their appraiser to estimate the fair market value of the land
or interest in land to be acquired. The landowner and Forest
Service both shall instruct their appraiser to comply with the
Uniform Appraisal Standards for Federal Land Acquisitions
(Interagency Land Acquisition Conference 1992) and Public Law
91-646 as amended. Both appraisers shall possess qualifications
consistent with state regulatory requirements that meet the
intent of Title XI, Financial Institutions Reform, Recovery,
and Enforcement Act of 1989.
(d) Period to Complete Appraisals.--The landowner and
Forest Service each shall be allowed a period of 180 days to
provide to the other an appraisal of the land or interest in
land described in the purchase option. This 180-day period
shall commence upon execution of a purchase option by the
landowner and the Forest Service.
(e) Bargaining Period.--Once the landowner and Forest
Service each have provided to the other a completed appraisal,
a 45-day period of good faith bargaining and negotiation shall
commence. If the landowner and Forest Service cannot agree
within this period on the proper purchase price to be paid by
the United States for the land or interest in land described in
the purchase option, the landowner may request arbitration
under subsection (f) of this section.
(f) Arbitration Process.--If a landowner and the Forest
Service are unable to reach a negotiated settlement on value
within the 45-day period of good faith bargaining and
negotiation, during the 10 days following this period of good
faith bargaining and negotiation the landowner may request
arbitration. The process for arbitration shall commence with
each party submitting its appraisal and a copy of this
legislation, and only its appraisal and a copy of this
legislation, to the arbitration panel within 10 days following
the receipt by the Forest Service of the request for
arbitration. The arbitration panel shall render a written
advisory decision on value within 45 days of receipt of both
appraisals. This advisory decision shall be forwarded to the
Secretary of Agriculture by the arbitration panel with a
recommendation to the Secretary that if the land or interest in
land at issue is to be purchased that the United States pay a
sum certain for the land or interest in land. This sum certain
shall fall within the value range established by the two
appraisals. Costs of employing the arbitration panel shall be
divided equally between the Forest Service and the landowner,
unless the arbitration panel recommends either the landowner or
the Forest Service bear the entire cost of employing the
arbitration panel. The arbitration panel shall not make such a
recommendation unless the panel finds that one of the
appraisals submitted fails to conform to the Uniform Appraisal
Standard for Federal Land Acquisition (Interagency Land
Acquisition Conference 1992). In no event, shall the cost of
employing the arbitration panel exceed $10,000.
(g) Arbitration Panel.--The arbitration panel shall consist
of one appraiser and two lawyers who have substantial
experience working with the purchase of land and interests in
land by the United States. The Secretary is directed to ask the
Federal Center for Dispute Resolution at the American
Arbitration Association to develop lists of no less than ten
appraisers and twenty lawyers who possess substantial
experience working with federal land purchases to serve as
third-party neutrals in the event arbitration is requested by a
landowner. Selection of the arbitration panel shall be made by
mutual agreement of the Forest Service and landowner. If mutual
agreement cannot be reached on one or more panel members,
selection of the remaining panel members shall be by blind draw
once each party has been allowed the opportunity to strike up
to 25 percent of the third-party neutrals named on either list.
Of the funds available to the Forest Service, up to $15,000
shall be available to the Federal Center for Dispute Resolution
to cover the initial cost of establishing this program. Once
established, costs of administering the program shall be borne
by the Forest Service, but shall not exceed $5,000 a year.
(h) Qualifications of Third-Party Neutrals.--Each appraiser
selected by the Federal Dispute Resolution Center, in addition
to possessing substantial experience working with federal land
purchases, shall possess qualifications consistent with state
regulatory requirements that meet the intent of Title XI,
Financial Institutions Reform, Recovery & Enforcement Act of
1989. Each lawyer selected by the Federal Dispute Resolution
Center, in addition to possessing substantial experience
working with federal land purchases, shall be an active member
in good standing of the bar of one of the 50 states or the
District of Columbia.
(i) Decision Required by the Secretary of Agriculture.--
Upon receipt of a recommendation by an arbitration panel
appointed under subsection (g), the Secretary of Agriculture
shall notify the landowner and the CRGNSA of the day the
recommendation was received. The Secretary shall make a
determination to adopt or reject the arbitration panel's
advisory decision and notify the landowner and the CRGNSA of
this determination within 45 days of receipt of the advisory
decision.
(j) Admissability.--Neither the fact that arbitration
pursuant to this act has occurred nor the recommendation of the
arbitration panel shall be admissible in any court or
administrative proceeding.
(k) Expiration Date.--This act shall expire on October 1,
2002.
Sec. 339. A project undertaken by the Forest Service under the
Recreation Fee Demonstration Program as authorized by Section 315 of
the Department of the Interior and Related Agencies Appropriations Act
for Fiscal Year 1996, as amended, shall not result in--
(1) displacement of the holder of an authorization to
provide commercial recreation services on Federal lands. Prior
to initiating any project, the Secretary shall consult with
potentially affected holders to determine what impacts the
project may have on the holders. Any modifications to the
authorization shall be made within the terms and conditions of
the authorization and authorities of the impacted agency.
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided
in the past by a private sector provider, except when--
(A) the private sector provider fails to bid on
such opportunities,
(B) the private sector provider terminates its
relationship with the agency, or,
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee Demonstration
Program to provide for operations until a subsequent operator can be
found through the offering of a new prospectus.
Sec. 340. Hardrock Mineral Prospecting, Leasing, and Development on
the Mark Twain National Forest. (a) Prohibition on Issuance of
Prospecting Permits for Exploratory Drilling.--Before June 1, 2001, the
Secretary of the Interior shall not issue a prospecting permit for
hardrock mineral exploration on Mark Twain National Forest land in the
Current River/Jack's Fork River--Eleven Point Watershed (not including
Mark Twain National Forest land in Townships 31N and 32N, Range 2 and
Range 3 West, on which mining activities are taking place as of the
date of enactment of this Act).
(b) Prohibition on Segregation and Withdrawal.--Before June 1,
2001, none of the funds made available to the Department of the
Interior by this Act may be used to segregate or withdraw land in the
Mark Twain National Forest, Missouri, under section 204 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1714), from--
(1) the operation of the public land laws;
(2) entry, appropriation, or disposal under the public land
laws;
(3) location, entry, prospecting, or leasing under the
mining laws;
(4) disposition under laws pertaining to mineral and
geothermal leasing or mineral materials; or
(5) mining as a congressionally recognized multiple use.
(c) Studies.--
(1) Environmental analysis of exploratory drilling.--The
heads of the National Forest Service, Bureau of Land
Management, United States Geological Service, and National Park
Service, in conjunction with the University of Missouri at
Rolla, shall conduct a study of exploratory drilling operations
on Mark Twain National Forest land in the Current River/Jack's
Fork River--Eleven Point Watershed.
(2) Cessation of lead mining.--
(A) In general.--The Comptroller General of the
United States shall conduct a study of--
(i) the direct and indirect effects on the
public and private sectors;
(ii) the impact on the strategic
availability of lead in the United States; and
(iii) the impact on the economy of the
United States, the State of Missouri, and
surrounding States;
as a result of the cessation of lead mining in the Mark
Twain National Forest and the State of Missouri, and
surrounding States.
(B) Consultation.--The study under subparagraph (A)
shall be prepared in consultation with the Department
of Commerce, the Department of Defense, the National
Park Service, the Bureau of Land Management, the Forest
Service, the United States Geological Survey, the State
of Missouri, any existing or potential lessee for the
affected lands, and interested members of the public.
(3) Submission to congress.--Not later than March 1, 2001,
the agency heads and the Comptroller General shall submit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives
reports on the studies under paragraphs (1) and (2).
Sec. 341. No funds shall be used to study, develop, or implement
procedures or policies to establish energy efficiency, energy use or
energy acquisition rules or guidelines other than those based upon the
provisions of the Energy Conservation Policy Act (ECPA) of 1975.
Sec. 342. Valuation of Crude Oil for Royalty Purposes. Section 130
of the Department of the Interior and Related Agencies Appropriations
Act, 1999 (112 Stat. 2681-263), is amended by striking ``June 1, 1999''
and inserting ``June 30, 2001''.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2000''.
Calendar No. 183
106th CONGRESS
1st Session
S. 1292
[Report No. 106-99]
_______________________________________________________________________
A BILL
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2000, and for other
purposes.
_______________________________________________________________________
June 28, 1999
Read twice and placed on the calendar