H.R. 2520 (103rd): Department of the Interior and Related Agencies Appropriations Act, 1994

103rd Congress, 1993–1994. Text as of Sep 15, 1993 (Public Print).

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HR 2520 PP

103d CONGRESS

1st Session

H. R. 2520

IN THE HOUSE OF REPRESENTATIVES

September 15, 1993

Ordered to be printed with the amendments of the Senate numbered


AN ACT

Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1994, 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, 1994, and for other purposes, namely:

TITLE I--DEPARTMENT OF THE INTERIOR

Bureau of Land Management

( 1 ) management of lands and resources

    For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, 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 of Land Management, $604,415,000, of which the following amounts shall remain available until expended: not to exceed $1,462,000 to be derived from the special receipt account established by section 4 of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-6a(i)), and $69,418,000 for the Automated Land and Mineral Record System Project: 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 of Land Management or its contractors; and in addition, $15,300,000 for Mining Law Administration program operations to remain available through September 30, 1994, to be reduced by amounts collected by the Bureau of Land Management and credited to this appropriation from annual mining claim fees so as to result in a final fiscal year 1994 appropriation estimated at not more than $604,415,000: Provided further, That in addition to funds otherwise available, not to exceed $5,000,000 from annual mining claim fees shall be credited to this account for the costs of administering the mining claim fee program, and shall remain available until expended.

FIRE PROTECTION

    For necessary expenses for fire management, emergency rehabilitation, fire presuppression and preparedness, and other related emergency actions by the Department of the Interior, $117,143,000, to remain available until expended.

EMERGENCY DEPARTMENT OF THE INTERIOR FIREFIGHTING FUND

    For emergency rehabilitation, severity presup- pression, and wildfire suppression activities of the Department of the Interior, $116,674,000, to remain available until expended: Provided, That such funds also are available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That notwithstanding any other provision of law, 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 only amounts for emergency rehabilitation and wildfire suppression activities that are in excess of the average of such costs for the previous ten years shall be considered ‘emergency requirements’ pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.

( 2 ) construction and access

    For acquisition of lands and interests therein, and construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $10,817,000, to remain available until expended.

PAYMENTS IN LIEU OF TAXES

    For expenses necessary to implement the Act of October 20, 1976 (31 U.S.C. 6901-07), $104,108,000, of which not to exceed $400,000 shall be available for administrative expenses.

LAND ACQUISITION

    For expenses necessary to carry out the provisions of sections 205, 206, and 318(d) of Public Law 94-579 including administrative expenses and acquisition of lands or waters, or interests therein, ( 3 ) [Struck out->] $14,877,000 [<-Struck out] $8,177,000, 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; $83,052,000, to remain available until expended: Provided, That 25 per centum 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 landgrant fund and shall be transferred to the General Fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876).

( 4 ) 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 per centum 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 $10,025,000, 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 sections 209(b), 304(a), 304(b), 305(a), and 504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701), and sections 101 and 203 of Public Law 93-153, to be immediately available until expended: Provided, That notwithstanding any provision to the contrary of section 305(a) of the Act of October 21, 1976 (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 or subsequent appropriations Acts 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 forfeiture, compromise, or settlement are used on the exact lands damage to which led to the forfeiture, compromise, or settlement: Provided further, That such moneys are in excess of amounts needed to repair damage to the exact land for which collected.

MISCELLANEOUS TRUST FUNDS

    In addition to amounts authorized to be expended under existing law, 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 of Land Management; 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 appropriations herein made for Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expenditures made under the appropriation ‘Oregon and California grant lands’) shall be reimbursed to the General Fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the ‘Oregon and California land grant fund’ and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the ‘Coos Bay Wagon Road grant fund’: Provided further, 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 expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; for the general administration of the United States Fish and Wildlife Service; and for maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as authorized by the Act of August 13, 1970, as amended by Public Law 93-408, ( 5 ) [Struck out->] $492,229,000 [<-Struck out] $476,831,000, of which $11,799,000 shall be 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 (90 Stat. 2921), to compensate for loss of fishery resources from water development projects on the Lower Snake River, and which shall remain available until expended; and of which ( 6 ) [Struck out->] $2,500,000 [<-Struck out] $1,500,000 shall be provided to the National Fish and Wildlife Foundation for endangered species activities: Provided, That such amount shall be matched by at least an equal amount by the National Fish and Wildlife Foundation ( 7 ) : Provided further, That within funds provided $100,000 shall be made available to the United States Fish and Wildlife Service for the purpose of compiling and maintaining a database consisting of big game and small game population levels and hunter harvests in, and adjacent to, areas under consideration for wolf reintroduction: Provided further, That such study shall consist of data obtained from State game and fish agencies and Federal agencies with jurisdiction for wildlife management in these areas: Provided further, That such database shall include measured and estimated population levels of game species covering a period ten years prior to the date of enactment: Provided further, That such database shall be updated on a yearly basis after the date of enactment ( 8 ) : Provided further, That $40,000 of the funds provided herein shall be made available for the research program relating to habitat and repopulation studies and possible interactions between wolves and mountain lions in and around Yellowstone National Park.

CONSTRUCTION

    For construction and acquisition of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; ( 9 ) [Struck out->] $53,209,000 [<-Struck out] $75,388,000, to remain available until expended ( 10 ) [Struck out->] of which $1,800,000 shall be available as a grant from the United States Fish and Wildlife Service to Ducks Unlimited, Inc., for construction of the Federal portion of the dike and pumping station at Metzger Marsh [<-Struck out] .

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION FUND

    To conduct natural resource damage assessments and restoration 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 the Act of July 27, 1990 (Public Law 101-337); ( 11 ) [Struck out->] $7,260,000 [<-Struck out] $6,260,000, to remain available until expended: Provided, That notwithstanding any other provision of law, any amounts appropriated or credited in fiscal year 1992 and thereafter, may be transferred to any account to carry out the provisions of negotiated legal settlements or other legal actions for restoration activities and 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 the Act of July 27, 1990 (Public Law 101-337) for damage assessment activities: Provided further, That sums provided 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 such sums or properties shall be utilized for the restoration of injured resources, and to conduct new damage assessment activities.

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-4-11), 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, and for activities authorized under Public Law 98-244 to be carried out by the National Fish and Wildlife Foundation, ( 12 ) [Struck out->] $61,610,000 [<-Struck out] $76,204,000, to be derived from the Land and Water Conservation Fund, 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 by Public Law 100-478, ( 13 ) [Struck out->] $9,571,000 [<-Struck out] $8,571,000 for Grants to States, 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), ( 14 ) [Struck out->] $11,748,000 [<-Struck out] $13,748,000.

REWARDS AND OPERATIONS

    For expenses necessary to carry out the provisions of the African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, and 1538), $1,169,000, to remain available until expended.

NORTH AMERICAN WETLANDS CONSERVATION FUND

    For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act, Public Law 101-233, ( 15 ) [Struck out->] $11,257,000 [<-Struck out] $13,257,000, and in fiscal year 1992 and thereafter, amounts received during the immediately preceding fiscal year under section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) as penalties or fines or from forfeitures of property or collateral, to remain available until expended.

WILDLIFE CONSERVATION AND APPRECIATION FUND

    For deposit to the Wildlife Conservation and Appreciation Fund, $1,000,000, to remain available until expended, to be available for carrying out the Partnerships for Wildlife Act only to the extent such funds are matched as provided in section 7105 of said Act.

ADMINISTRATIVE PROVISIONS

    Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed 130 passenger motor vehicles, of which 112 are for replacement only (including 43 for police-type use); not to exceed $400,000 for payment, at the discretion of the Secretary, for information, rewards, or evidence concerning violations of laws administered by the United States Fish and Wildlife Service, and miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife 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 United States Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources: Provided, That the United States Fish and Wildlife Service may accept donated aircraft as replacements for existing aircraft.

National Biological Survey

RESEARCH, INVENTORIES, AND SURVEYS

    For expenses necessary for scientific research relating to species biology, population dynamics, and ecosystems; inventory and monitoring activities; technology development and transfer; the operation of Cooperative Research Units; and for the general administration of the National Biological Survey, ( 16 ) [Struck out->] $163,604,000 [<-Struck out] $156,837,000, of which ( 17 ) [Struck out->] $162,177,000 [<-Struck out] $155,410,000 shall remain available until September 30, 1995, and of which $1,427,000 shall remain available until expended for construction ( 18 ) : Provided, That the National Biological Survey is authorized to accept lands, buildings, equipment, and other contributions, either cash or in-kind, from public and private sources, and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided further, That the National Biological Survey is authorized to accept the services of outside individuals or entities without compensation.

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 to exceed $1,599,000 for the Volunteers-in-Parks program, $38,400 for a lump-sum payment to Marlene Anita Hudson of Washington, District of Columbia, which payment shall be in addition to any other amount that is otherwise payable under any other provision of law based on the death of James A. Hudson, and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as authorized by the Act of August 13, 1970, as amended by Public Law 93-408, ( 19 ) [Struck out->] $1,059,033,000 [<-Struck out] $1,063,335,000, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), of which not to exceed $78,559,000 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 ( 20 ) : Provided, That the National Park Service shall not enter into future concessionaire contracts, including renewals, that do not include a termination for cause clause that provides for possible extinguishment of possessory interests excluding depreciated book value of concessionaire investments without compensation ( 21 ) : Provided further, That funds included in the section entitled as Special Park Increases of the National Park Service budget, for two natural resource management FTEs dealing with the reintroduction of the wolf, shall be instead used for the improvement of the physical infrastructure of Yellowstone National Park: Provided further, That the resources reallocated shall be consistent with accounts remaining for the stated purpose based on the committee’s recommended funding level.

NATIONAL RECREATION AND PRESERVATION

    For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance and review, international park affairs, statutory or contractual aid for other activities, and grant administration, not otherwise provided for, ( 22 ) [Struck out->] $35,606,000 [<-Struck out] $43,844,000, of which not to exceed $610,000 shall be for the Roosevelt Campobello International Park Commission.

HISTORIC PRESERVATION FUND

    For expenses necessary in carrying out the provisions of the Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470), $40,000,000 to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended, to remain available for obligation until September 30, 1995.

CONSTRUCTION

    For construction, improvements, repair or replacement of physical facilities, ( 23 ) [Struck out->] $183,949,000 [<-Struck out] $191,136,000, to remain available until expended ( 24 ) [Struck out->] of which $2,000,000 for the Boston Public Library shall be derived from the Historic Preservation Fund pursuant to 16 U.S.C. 470a [<-Struck out] : Provided, That of the funds provided under this heading, not to exceed $450,000 shall be made available to the City of Hot Springs, Arkansas, to be used as part of the non-Federal share of a cost-shared feasibility study of flood protection for the downtown area which contains a significant amount of National Park Service property and improvements: Provided further, That notwithstanding any other provision of law a single procurement for the construction of the Franklin Delano Roosevelt Memorial 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 52.323.18.

( 25 ) [Struck out->] urban park and recreation fund [<-Struck out]

    [Struck out->] For expenses necessary to carry out the provisions of the Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501-2514), $5,000,000, to remain available until expended. [<-Struck out]

LAND AND WATER CONSERVATION FUND

(RESCISSION)

    The contract authority provided for fiscal year 1994 by 16 U.S.C. 460l-10a is rescinded.

LAND ACQUISITION AND STATE ASSISTANCE

    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-4-11), including administrative expenses, and for acquisition of lands or waters, or interest therein, in accordance with statutory authority applicable to the National Park Service, ( 26 ) [Struck out->] $89,460,000 [<-Struck out] $95,587,000 to be derived from the Land and Water Conservation Fund, to remain available until expended, of which $28,053,000 is for the State assistance program including $3,303,000 to administer the State assistance program: Provided, That of the amounts previously appropriated to the Secretary’s contingency fund for grants to States $9,000 shall be available in 1994 for administrative expenses of the State grant program.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

    For expenses necessary for operating and maintaining the John F. Kennedy Center for the Performing Arts, $20,629,000, of which $12,697,000 shall remain available until expended.

ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR COMMISSION

    For operation of the Illinois and Michigan Canal National Heritage Corridor Commission, $250,000.

ADMINISTRATIVE PROVISIONS

    Appropriations for the National Park Service shall be available for the purchase of not to exceed 447 passenger motor vehicles, of which 323 shall be for replacement only, including not to exceed 345 for police-type use, 12 buses, and 5 ambulances: Provided, That none of the funds in this Act may be used to upgrade the Burr Trail National Rural Scenic Road in Utah except to meet health, safety and environmental concerns: Provided further, 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 ( 27 ) : Provided further, That notwithstanding any other provision of law, the National Park Service may hereafter recover all costs of providing necessary services associated with special use permits, such reimbursements to be credited to the appropriation current at that time ( 28 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That none of the funds in this Act may be used to pay overtime to any individual employee of the United States Park Police in excess of $20,000 per year [<-Struck out] : [<-Struck out] 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. [<-Struck out]

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, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by law (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; $584,685,000, of which $63,488,000 shall be available only for cooperation with States or municipalities for water resources investigations: Provided, That no part of this appropriation shall be used to pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality: Provided further, That notwithstanding any other provision of law a single procurement for the construction of an addition to the EROS Data Center in Sioux Falls, South Dakota 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 52.323.18.

ADMINISTRATIVE PROVISIONS

    The amount appropriated for the United States Geological Survey shall be available for purchase of not to exceed 22 passenger motor vehicles, 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 United States Geological Survey appointed, as authorized by law, 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 Public Law 95-224.

Minerals Management Service

LEASING AND ROYALTY 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; ( 29 ) [Struck out->] $193,197,000 [<-Struck out] $192,897,000, of which not less than ( 30 ) [Struck out->] $65,896,000 [<-Struck out] $64,896,000 shall be available for royalty management activities; and an amount not to exceed $5,000,000 for the Technical Information Management System of Outer Continental Shelf (OCS) Lands Activity, to be credited to this appropriation and to remain available until expended, from additions to current preset receipts and from additional fee collections relating to OCS administrative activities performed by the Minerals Management Service over and above what the Minerals Management Service currently collects to offset its costs for these activities: Provided, That $1,500,000 for computer acquisitions shall remain available until September 30, 1995: 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 head 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: Provided further, That the sixth proviso under the heading ‘Leasing and Royalty Management’ for the Minerals Management Service in Public Law 102-381 (106 Stat. 1385-1386) is amended by striking the words ‘this account’ after the words ‘shall be credited to’ and inserting in lieu thereof ‘the leasing and royalty management account of the Minerals Management Service’.

OIL SPILL RESEARCH

    For necessary expenses to carry out the purposes of title I, section 1016, and title VII of the Oil Pollution Act of 1990, ( 31 ) [Struck out->] $5,681,000 [<-Struck out] $5,331,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended.

Bureau of Mines

MINES AND MINERALS

    For expenses necessary for conducting inquiries, technological investigations, and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of mineral resources and the prevention of waste in the mining, minerals, metal, and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health and safety in mines and the mineral industry through research; and for other related purposes as authorized by law, ( 32 ) [Struck out->] $169,336,000 [<-Struck out] $171,584,000, of which ( 33 ) [Struck out->] $105,063,000 [<-Struck out] $107,311,000 shall remain available until expended.

ADMINISTRATIVE PROVISIONS

    The Secretary is authorized to accept lands, buildings, equipment, other contributions, and fees from public and private sources, and to prosecute projects using such contributions and fees in cooperation with other Federal, State or private agencies: Provided, That the Bureau of Mines is authorized, during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts.

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 15 passenger motor vehicles for replacement only; $110,552,000, and notwithstanding 31 U.S.C. 3302, an additional amount shall be credited to this account, to remain available until expended, from performance bond forfeitures in fiscal year 1994: Provided, That notwithstanding any other provision of law, the Secretary of the Interior, pursuant to regulations, may utilize directly or through grants to States, moneys collected in fiscal year 1994 pursuant to the assessment of civil penalties 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 notwithstanding any other provisions of law, 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 the provisions of 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 22 passenger motor vehicles for replacement only, $190,107,000 to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, That of the funds herein provided up to $20,000,000 may be used for the emergency program authorized by section 410 of Public Law 95-87, as amended, of which no more than 25 per centum 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 $12,000,000 ( 34 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That 16 full-time equivalent positions are to be maintained in the Anthracite Reclamation Program at the Wilkes-Barre Field Office [<-Struck out] : [<-Struck out] Provided further, That pursuant to Public Law 97-365, the Department of the Interior is authorized to utilize up to 20 per centum from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts. [<-Struck out]

Bureau of Indian Affairs

OPERATION OF INDIAN PROGRAMS

    For operation of Indian programs by direct expenditure, contracts, cooperative agreements, and grants including expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment of care, tuition, assistance, and other expenses of Indians in boarding homes, or institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and business enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; for the general administration of the Bureau of Indian Affairs, including such expenses in field offices; maintaining of Indian reservation roads as defined in section 101 of title 23, United States Code; and construction, repair, and improvement of Indian housing, ( 35 ) [Struck out->] $1,492,650,000 [<-Struck out] $1,489,885,000, including $316,111,000 for school operations costs of Bureau-funded schools and other education programs which shall become available for obligation on July 1, 1994, and shall remain available for obligation until September 30, 1995, and ( 36 ) [Struck out->] $52,582,000 [<-Struck out] $49,226,000 for housing and road maintenance programs, to remain available until expended, and of which, payments of funds obligated as grants to schools pursuant to Public Law 100-297 shall be made on July 1 and December 1 in lieu of the payments authorized to be made on October 1 and January 1 of each calendar year, and of which not to exceed $74,764,000 for higher education scholarships, adult vocational training, and assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall remain available for obligation until September 30, 1995; and the funds made available to tribes and tribal organizations through contracts or grants obligated during fiscal year 1994 as authorized by the Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants authorized by the Indian Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain available until expended by the contractor or grantee; and of which ( 37 ) [Struck out->] $1,983,000 [<-Struck out] $2,483,000 for litigation support shall remain available until expended, $4,934,000 for self-governance tribal compacts shall be made available on completion and submission of such compacts to the Congress, and shall remain available until expended; and of which $1,179,000 for expenses necessary to carry out the provisions of section 19(a) of Public Law 93-531 (25 U.S.C. 640d-18(a)), shall remain available until expended: Provided, That none of the funds appropriated to the Bureau of Indian Affairs shall be expended as matching funds for programs funded under section 103(b)(2) of the Carl D. Perkins Vocational Education Act ( 38 ) : Provided further, That of the amount appropriated under this head in Public Law 102-381, $250,000 for activities related to the Alaska Native Claims Settlement Act shall remain available until expended: Provided further, That $199,000 of the funds made available in this Act shall be available for cyclical maintenance of tribally owned fish hatcheries and related facilities ( 39 ) : Provided further, That not to exceed $84,808,000 of the funds in this Act shall be available for payments to tribes and tribal organizations for indirect costs associated with contracts or grants or compacts authorized by the Indian Self-Determination Act of 1975, as amended ( 40 ) : Provided further, That notwithstanding any other provision of law, any locality qualified to select land as a native village under the Alaska Native Claims Settlement Act (Public Law 92-203 as amended) shall be eligible to participate in funding for the Indian roads program ( 41 ) : Provided further, That for the purpose of Indian Reservation road construction, all public Indian reservation roads (as defined in 23 U.S.C. 101), identified in the 1990 Bureau of Indian Affairs Juneau Area Transportation Study (and in any subsequent update of such Transportation Study) shall be included as BIA system adjusted miles in the Bureau of Indian Affairs highway trust fund formula for distribution for fiscal year 1994: Provided further, That this provision shall expire upon implementation by the Secretary of the Interior of a relative needs based highway trust fund allocation formula pursuant to 23 U.S.C. 202(d): Provided further, That none of the funds in this Act shall be used by the Bureau of Indian Affairs to transfer funds under a contract with any third party for the management of tribal or individual Indian trust funds until the funds held in trust for all such tribes or individuals have been audited and reconciled to the earliest possible date, the results of such reconciliation have been certified by an independent party as the most complete reconciliation of such funds possible, and the affected tribe or individual has been provided with an accounting of such funds: 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 this Act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual Indian has been furnished with the accounting of such funds from which the beneficiary can determine whether there has been a loss: Provided further, That $297,000 of the amounts provided for education program management shall be available for a grant to the Close Up Foundation: Provided further, That the Task Force on Bureau of Indian Affairs Reorganization shall continue activities under its charter as adopted and amended on April 17, 1991 ( 42 ) : Provided further, That any reorganization proposal shall not be implemented until the Task Force has reviewed it and recommended its implementation to the Secretary and such proposal has been submitted to and approved by the Committees on Appropriations, except that the Bureau may submit a reorganization proposal related only to management improvements, along with Task Force comments or recommendations to the Committees on Appropriations for review and disposition by the Committees: Provided further, That to provide funding uniformity within a Self-Governance Compact, any funds provided in this Act with availability for more than one year may be reprogrammed to one year availability but shall remain available within the Compact until expended: Provided further, That notwithstanding any other provision of law, Indian tribal governments may, by appropriate changes in eligibility criteria or by other means, change eligibility for general assistance or change the amount of general assistance payments for individuals within the service area of such tribe who are otherwise deemed eligible for general assistance payments so long as such changes are applied in a consistent manner to individuals similarly situated: Provided further, That any savings realized by such changes shall be available for use in meeting other priorities of the tribes: Provided further, That any such change must be part of a comprehensive tribal plan for reducing the long-term need for general assistance payments: Provided further, That any such tribal plan must incorporate, to the greatest extent feasible, currently existing social service, educational training, and employment assistance resources prior to changing general assistance eligibility or payment standards which would have the effect of increasing the cost of general assistance: Provided further, That any net increase in costs to the Federal Government which result solely from tribally increased payment levels and which are not part of such a comprehensive tribal plan shall be met exclusively from funds available to the tribe from within its tribal priority allocation: Provided further, That any forestry funds allocated to a tribe which remain unobligated as of September 30, 1994, may be transferred during fiscal year 1995 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, 1995: Provided further, That notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs, other than the amounts provided herein for assistance to public schools under the Act of April 16, 1934 (48 Stat. 596), as amended (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 in fiscal year 1994: Provided further, That the Bureau shall form a Joint Task Force with representatives of Alaska Natives and Alaska schools to examine the needs of the schools and formulate recommendations to address those needs in fiscal year 1994 ( 43 ) : Provided further, That any funds provided under this head or previously provided for tribally-controlled community colleges which are distributed prior to July 1, 1994 which have been or are being invested or administered in compliance with section 331 of the Higher Education Act shall be deemed to be in compliance for current and future purposes with Title III of the Tribally Controlled Community Colleges Assistance Act.

CONSTRUCTION

    For construction, major repair, and improvement 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, ( 44 ) [Struck out->] $172,799,000 [<-Struck out] $150,429,000, to remain available until expended: Provided, That $1,500,000 of the funds made available in this Act shall be available for rehabilitation of tribally owned fish hatcheries and related facilities: Provided further, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project and for other water resource development activities related to the Salt River Pima-Maricopa Water Rights Settlement Act, Southern Arizona Water Rights Settlement Act and Fort McDowell Indian Community Water Rights Settlement Act may be transferred to the Bureau of Reclamation: Provided further, That not to exceed 6 per centum 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 of Indian Affairs ( 45 ) : Provided further, That funds appropriated for construction of the Wind River Indian Irrigation Project in fiscal year 1990 (Public Law 101-121), fiscal year 1991 (Public Law 101-512), fiscal year 1992 (Public Law 102-154), and hereafter shall be made available on a non-reimbursable basis: 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 non-reimbursable basis.

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS

    For miscellaneous payments to Indian tribes and individuals for implementation of enacted Indian land and water claim settlements pursuant to Public Laws 87-483, 97-293, 100-512, 101-486, 101-602, 101-618, 101-628, 102-441, 102-575, and for implementation of other enacted water rights settlements, and for necessary administrative expenses, $103,259,000, to remain available until expended: Provided, That of the funds provided herein, $1,260,000 shall be available pursuant to Public Laws 96-420, 98-500, 99-264, and 100-580; and $3,000,000 shall be available (1) to liquidate obligations owed tribal and individual Indian payees of any checks canceled pursuant to section 1003 of the Competitive Equality Banking Act of 1987 (Public Law 100-86 (101 Stat. 659)), 31 U.S.C. 3334(b), and (2) to restore to Individual Indian Monies trust funds amounts invested in credit unions or defaulted savings and loan associations and which were not federally insured, including any interest on these amounts that may have been earned, but was not because of the default.

NAVAJO REHABILITATION TRUST FUND

    For Navajo tribal rehabilitation and improvement activities in accordance with the provisions of section 32(d) of Public Law 93-531, as amended (25 U.S.C. 640d-30), including necessary administrative expenses, $2,466,000, to remain available until expended.

TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES

    For payment of management and technical assistance requests associated with loans and grants approved under the Indian Financing Act of 1974, as amended, $1,970,000.

INDIAN DIRECT LOAN PROGRAM ACCOUNT

    For the cost, as defined in section 13201 of the Budget Enforcement Act of 1990, including the cost of modifying loans, of expert assistance loans authorized by the Act of November 4, 1963, as amended, and the cost of direct loans authorized by the Indian Financing Act of 1974, as amended, $2,484,000: Provided, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $10,890,000.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

    For the cost of guaranteed loans, $8,784,000, 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, as amended: Provided further, That these funds are available to subsidize total loan principal any part of which is to be guaranteed not to exceed $69,000,000.

    In addition, for administrative expenses necessary to carry out the guaranteed loan program, $906,000.

ADMINISTRATIVE PROVISIONS

    Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans, the Indian loan guarantee and insurance fund, the Technical Assistance of Indian Enterprises account, the Indian Direct Loan Program account, and the Indian Guaranteed Loan Program account) shall be available for expenses of exhibits, and purchase of not to exceed 260 passenger carrying motor vehicles, of which not to exceed 212 shall be for replacement only.

Territorial and International Affairs

ADMINISTRATION OF TERRITORIES

    For expenses necessary for the administration of territories under the jurisdiction of the Department of the Interior, ( 46 ) [Struck out->] $82,107,000 [<-Struck out] $81,457,000, of which (1) ( 47 ) [Struck out->] $77,569,000 [<-Struck out] $76,869,000 shall be available until expended for technical assistance, including maintenance assistance, disaster assistance, drug interdiction and abuse prevention, insular management controls, 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) ( 48 ) [Struck out->] $4,538,000 [<-Struck out] $4,588,000 shall be available for salaries and expenses of the Office of Territorial and International 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 utilized by such governments, shall be audited by the General Accounting Office, 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 99-396, ( 49 ) or any subsequent legislation related to Commonwealth of the Northern Mariana Islands covenant grant funding, except that should the Secretary of the Interior believe that the performance standards of such agreement are not being met, operations funds may be withheld, but only by Act of Congress as required by Public Law 99-396: Provided further, That $1,025,000 of the amounts provided for technical assistance shall be available for a grant to the Close Up Foundation ( 50 ) : Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance of capital infrastructure in American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia through assessments of long-range operations and maintenance needs, improved capability of local operations and maintenance institutions and agencies (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) ( 51 ) : Provided further, That any appropriation for disaster assistance under this head 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).

TRUST TERRITORY OF THE PACIFIC ISLANDS

    For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as amended (90 Stat. 299; 91 Stat. 1159; 92 Stat. 495), and grants to the Trust Territory of the Pacific Islands, in addition to local revenues, for support of governmental functions; ( 52 ) [Struck out->] $24,038,000 [<-Struck out] $23,338,000, to remain available until expended, including ( 53 ) [Struck out->] $18,605,000 [<-Struck out] $17,964,000 for operations of the Government of Palau: Provided, That all financial transactions of the Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with chapter 35 of title 31, United States Code: Provided further, That all Government operations funds appropriated and obligated for the Republic of Palau under this account for fiscal year 1994 shall be credited as an offset against fiscal year 1994 payments made pursuant to the legislation approving the Palau Compact of Free Association (Public Law 99-658), if such Compact is implemented before October 1, 1994: Provided further, That not less than $300,000 of the grants to the Republic of Palau, for support of governmental functions, shall be dedicated to the College of Micronesia in accordance with the agreement between the Micronesian entities.

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 Compacts of Free Association, $22,102,000, to remain available until expended, as authorized by Public Law 99-239: Provided, That the effective date of the Palau Compact for purposes of economic assistance pursuant to the Palau Compact of Free Association, Public Law 99-658, shall be the effective date of the Palau Compact as determined pursuant to section 101 of Public Law 101-219.

Departmental Offices

Office of the Secretary

SALARIES AND EXPENSES

    For necessary expenses of the Office of the Secretary of the Interior, $64,111,000 of which not to exceed $7,500 may be for official reception and representation expenses.

( 54 ) Ecosystem Restoration Fund

    For expenses necessary to implement the President’s Forest Plan for ‘Jobs in the Woods’ ecosystem restoration in Northern California, Washington, and Oregon, $7,000,000, to remain available until September 30, 1995: Provided, That with the approval of the Secretary, such amounts as may be identified in implementation plans may be transferred to the Bureau of Land Management, the Fish and Wildlife Service, and the Bureau of Indian Affairs.

Office of the Solicitor

SALARIES AND EXPENSES

    For necessary expenses of the Office of the Solicitor, $33,359,000.

Office of Inspector General

SALARIES AND EXPENSES

    For necessary expenses of the Office of the Inspector General, $24,283,000.

Construction Management

SALARIES AND EXPENSES

    For necessary expenses of the Office of Construction Management, ( 55 ) [Struck out->] $2,494,000 [<-Struck out] $2,194,000.

National Indian Gaming Commission

SALARIES AND EXPENSES

    For necessary expenses of the National Indian Gaming Commission, pursuant to Public Law 100-497, ( 56 ) [Struck out->] $1,000,000 [<-Struck out] $1,500,000.

ADMINISTRATIVE PROVISIONS

    There is hereby authorized for acquisition from available resources within the Working Capital Fund, 18 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 ‘Office of the Secretary’, ‘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)(D) 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 oilspills; response and natural resource damage assessment activities related to actual oilspills; 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 the ‘Emergency Department of the Interior Firefighting Fund’ 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)(D) 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, U.S.C.: 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 by the General Services Administration 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 leasing, or the approval or permitting of any drilling or other exploration activity, 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 for the conduct of preleasing and leasing activities in the Eastern Gulf of Mexico for Outer Continental Shelf Lease Sale 137 or for Sale 151 in the April 1992 proposal for the Outer Continental Shelf Natural Gas and Oil Resource Management Comprehensive Program, 1992-1997.

    SEC. 110. No funds provided in this title may be expended by the Department of the Interior for the conduct of preleasing and leasing activities in the Atlantic for Outer Continental Shelf Lease Sale 164 in the April 1992 proposal for the Outer Continental Shelf Natural Gas and Oil Resource Management Comprehensive Program, 1992-1997.

    ( 57 ) [Struck out->] SEC. [Struck out->] 111. 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 or to issue a patent for any mining or mill site claim located under the general mining laws. [<-Struck out] [<-Struck out]

    ( 58 ) [Struck out->] SEC. [Struck out->] 112. The provisions of section 111 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 the date of enactment of this Act, 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 that date. [<-Struck out] [<-Struck out]

    SEC. 113. None of the funds in this Act may be used to publish a National final rule defining the term ‘valid existing rights’ for purposes of section 522(e) of the Surface Mining Control and Reclamation Act of 1977 or to publish a final rule disapproving any existing State definition of valid existing rights.

    ( 59 ) [Struck out->] SEC. [Struck out->] 114. None of the funds appropriated or otherwise made available in this title may be used to fund operation or support of Grazing Advisory Boards established by order of the Secretary of the Interior. [<-Struck out] [<-Struck out]

    ( 60 ) Sec. 115. None of the funds appropriated under this Act shall be available for the planning or implementation of an increase in entrance fees above the levels in effect on January 1, 1993, charged at the Blackwater National Wildlife Refuge, Maryland.

    ( 61 ) Sec. 116. None of the funds in this Act may be used to implement an agreement between the Secretary of the Interior and Save Our Cumberland Mountains, Inc. regarding the operation and maintenance of the Applicant/Violator System.

    ( 62 ) Sec. 117. In implementing Section 1307 of Public Law 96-487 (94 Stat. 2479), the Secretary shall deem the holder of entry permit LP-GLBA005-93 to be a person who, on or before January 1, 1979, was engaged in adequately providing visitor services of the type authorized in said permit within Glacier Bay National Park.

TITLE II--RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

FOREST RESEARCH

    For necessary expenses of forest research as authorized by law, ( 63 ) [Struck out->] $193,083,000 [<-Struck out] $192,983,000, to remain available until September 30, 1995.

( 64 ) [Struck out->] international forestry [<-Struck out]

    [Struck out->] For necessary expenses of international forestry as authorized by Public Laws 101-513 and 101-624, $11,996,000, to remain available until September 30, 1995. [<-Struck out]

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 pest management activities, ( 65 ) [Struck out->] $148,955,000 [<-Struck out] $169,107,000, to remain available until expended, as authorized by law ( 66 ) [Struck out->] :- [Struck out->] Provided, [Struck out->] That of the funds previously appropriated under this head as a grant to the National Tree Trust Foundation, $3,000,000 shall be provided as a grant to the Texas Reforestation Foundation [<-Struck out] . [<-Struck out] [<-Struck out]

EMERGENCY PEST SUPPRESSION FUND

    For necessary expenses for emergency suppression of pests, $15,000,000, to remain available until expended: Provided, That these funds, or any portion thereof, shall be available in fiscal year 1994 only to the extent that the President notifies the Congress of his designation of any or all of these amounts as emergency requirements under section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That Congress hereby designates these amounts as emergency requirements pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.

( 67 ) international forestry

    For necessary expenses of international forestry as authorized by Public Laws 101-513 and 101-624, $6,996,000, to remain available until September 30, 1995.

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 heads ‘Forest Research’, ‘State and Private Forestry’, ‘National Forest System’, ‘Construction’, ‘Forest Service Fire Protection’, ‘Emergency Forest Service Firefighting Fund’, ( 68 ) [Struck out->]
    ‘Forest Service Law Enforcement’, [<-Struck out] and ‘Land Acquisition’,
    ( 69 ) [Struck out->] $1,237,272,000 [<-Struck out] $1,300,153,000, to remain available for obligation until September 30, 1995, and including 65 per centum of all monies received during the prior fiscal year 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)): Provided, That unobligated and unexpended balances in the National Forest System account at the end of fiscal year 1993, shall be merged with and made a part of the fiscal year 1994 National Forest System appropriation, and shall remain available for obligation until September 30, 1995: Provided further, That timber volume authorized or scheduled for sale during fiscal year 1993, but which remains unsold at the end of fiscal year 1993, shall be offered for sale during fiscal year 1994 in addition to the fiscal year 1994 timber sale volume to the extent possible: Provided further, That up to $5,000,000 of the funds provided herein for road maintenance shall be available for the planned obliteration of roads which are no longer needed.

( 70 ) [Struck out->] forest service law enforcement [<-Struck out]

    [Struck out->] For necessary expenses for Forest Service law enforcement, including criminal investigations, as authorized by law, $67,781,000, to remain available for obligation until September 30, 1995. [<-Struck out]

FOREST SERVICE FIRE PROTECTION

    For necessary expenses for firefighting on or adjacent to National Forest System lands or other lands under fire protection agreement, and for forest fire management and presuppression on National Forest System lands, $190,108,000, to remain available until expended: Provided, That unexpended balances of amounts previously appropriated for this purpose under the heading ‘Forest Service Firefighting’, Forest Service, may be transferred to and merged with this appropriation and accounted for as one appropriation for the same time period as originally enacted.

emergency forest service firefighting fund

    For necessary expenses for emergency rehabilitation, presuppression due to emergencies or economic efficiency, and wildfire suppression activities of the Forest Service, $190,222,000, to remain available until expended: Provided, That such funds are available for repayment of advances from other appropriation accounts previously transferred for such purposes.

CONSTRUCTION

    For necessary expenses of the Forest Service, not otherwise provided for, for construction, ( 71 ) [Struck out->] $237,423,000 [<-Struck out] $264,795,000, to remain available until expended, of which ( 72 ) [Struck out->] $96,495,000 [<-Struck out] $97,867,000 is for construction and acquisition of buildings and other facilities; and ( 73 ) [Struck out->] $140,228,000 [<-Struck out] $166,928,000 is for construction and repair 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 funds becoming available in fiscal year 1994 under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund of the Treasury of the United States: Provided further, That not to exceed $60,000,000, to remain available until expended, may be obligated for the construction of forest roads by timber purchasers.

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-4-11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, ( 74 ) [Struck out->] $56,700,000 [<-Struck out] $51,050,000, to be derived from the Land and Water Conservation Fund, to remain available until expended and $300,000 which shall be derived from funds appropriated under this head in Public Law 101-512 for acquisition of land and interests therein at and near the Old Chief Joseph Gravesite and which shall be available for all activities under this heading.

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, $1,212,000, to be derived from forest receipts.

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

    For acquisition of lands, 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 per centum 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 per centum 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), $96,000, 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: (a) purchase of not to exceed 182 passenger motor vehicles of which 20 will be used primarily for law enforcement purposes and of which 164 shall be for replacement only, of which acquisition of 122 passenger motor vehicles shall be from excess sources, and hire of such vehicles; operation and maintenance of aircraft, the purchase of not to exceed two for replacement only, and acquisition of 28 aircraft from excess sources; 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; (b) services pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (d) acquisition of land, waters, and interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and (f) 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 change the boundaries of any region, to abolish any region, to move or close any regional office for research, State and private forestry, or National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the House and Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry in the United States Senate and the Committee on Agriculture in the United States House of Representatives.

    Any appropriations or funds available to the Forest Service may be advanced to the Forest Service Firefighting appropriation and may be used for forest firefighting and the emergency rehabilitation of burned-over lands under its jurisdiction: Provided, That no funds shall be made available under this authority until funds appropriated to the ‘Emergency Forest Service Firefighting Fund’ shall have been exhausted.

    The appropriation structure for the Forest Service may not be altered without advanced approval of the House and Senate Committees on Appropriations.

    Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development and the Office of International Cooperation and Development 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.

    All funds received for timber salvage sales may be credited to the Forest Service Permanent Appropriations to be expended for timber salvage sales from any national forest ( 75 ) , and for timber sales preparation to replace sales lost to fire or other causes, and sales preparation to replace sales inventory on the shelf for any national forest to a level sufficient to maintain new sales availability equal to a rolling five-year average of the total sales offerings, and for design, engineering, and supervision of construction of roads lost to fire or other causes associated with the timber sales programs described above: Provided, That notwithstanding any other provision of law, moneys received from the timber salvage sales program shall be considered as money received for purposes of computing and distributing 25 per centum payments to local governments under 16 U.S.C. 500, as amended.

    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 102-116.

    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.

    Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service may be used to disseminate program information to private and public individuals and organizations through the use of nonmonetary items of nominal value and to provide nonmonetary awards of nominal value and to incur necessary expenses for the nonmonetary recognition of private individuals and organizations that make contributions to Forest Service programs.

    Notwithstanding any other provision of law, money collected, in advance or otherwise, by the Forest Service under authority of section 101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of administrative and other costs incurred in processing pipeline right-of-way or permit applications and for costs incurred in monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities, may be used to reimburse the applicable appropriation to which such costs were originally charged.

    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.

    None of the funds available in this Act shall be used for timber sale preparation using clearcutting in hardwood stands in excess of 25 percent of the fiscal year 1989 harvested volume in the Wayne National Forest, Ohio: Provided, That this limitation shall not apply to hardwood stands damaged by natural disaster: Provided further, That landscape architects shall be used to maintain a visually pleasing forest.

    None of the funds made available to the Forest Service in this Act shall be expended for the purpose of administering a special use authorization permitting land use and occupancy and surface disturbing activities for any project to be constructed on Rock Creek, Madera County, California, until a study has been completed and submitted to the Congress by the Forest Service in consultation with the United States Fish and Wildlife Service, the United States Army Corps of Engineers, the California State Water Resources Control Board, the California Department of Fish and Game and other interested public parties regarding the project’s potential cumulative impacts on the environment, together with a finding that there will be no substantial adverse impact on the environment. Findings from the study must be presented at no less than three public meetings.

    Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not in the vicinity of National Forest System lands shall be used to reimburse the applicable appropriation and shall remain available until expended as the Secretary may direct in conducting activities authorized by 16 U.S.C. 2101 (note), 2101-2110, 1606, and 2111.

    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.

    Notwithstanding any other provision of law, the Forest Service is authorized to employ or otherwise contract with persons at regular rates of pay, as determined by the Service, to perform work occasioned by emergencies such as fires, storms, floods, earthquakes or any other unavoidable cause without regard to Sundays, Federal holidays, and the regular workweek.

    ( 76 ) 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.

    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.

    ( 77 ) [Struck out->] None of the funds available in this Act shall be used for timber sale planning, scoping or preparation using clearcutting in the Ouachita and Ozark-St. Francis National Forests, Arkansas. [<-Struck out]

    None of the funds made available in this Act shall be used for timber sale planning or scoping using clearcutting on the Ozark-St. Francis National Forest in Arkansas, except for sales that, in the discretion of the forest supervisor, are necessary as a result of natural disaster or a threat to forest health, or for maintaining or enhancing wildlife habitat, or habitat for endangered and threatened species, or for research purposes.

    ( 78 ) [Struck out->] None of the funds available in this Act shall be used to alter the current understory, midstory or overstory composition or the current proportion of pines and hardwoods through the life of each timber stand in the Ouachita and Ozark-St. Francis National Forest, Arkansas. [<-Struck out]

    None of the funds in this Act shall be used in the Ozark-St. Francis or Ouachita National Forest in Arkansas for timber sales that both permanently and substantially alter the current understory, midstory, or overstory composition of a forest stand. The current proportion of pines and hardwoods is to be generally maintained through the life of such forest stand except as necessary for threatened or endangered species, wildlife habitat improvement, ecosystem restoration, to improve visual quality, to comply with forest plan goals to increase the proportion of hardwoods in the forest, fire protection, or for research purposes.

    ( 79 ) [Struck out->] None of the funds available to the Forest Service in this Act shall be used to plan or conduct timber sales or to plan or build roads in the Rocky Face, Hidden Creek or Johns Mountain areas of the Chattahoochee National Forest, Georgia. [<-Struck out]

    ( 80 ) [Struck out->] The Forest Service may offer for sale salvageable timber in Region 5 and Region 6 in fiscal year 1994: [Struck out->] Provided, [Struck out->] That for forests known to contain the Northern spotted owl, such salvage sales may be offered as long as the offering of such sale will not render the area unsuitable as habitat for the Northern spotted owl: [Struck out->] Provided further, [Struck out->] That timber salvage activity in spotted owl habitat is to be done in full compliance with all existing environmental and forest management laws. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    Pursuant to section 405(b), and section 410(b) of Public Law 101-593, funds up to $1,000,000 for matching funds shall be available for the National Forest Foundation.

    ( 81 ) [Struck out->] None of the funds available to the Forest Service in this Act shall be used to begin preparation of timber sales in fiscal year 1994 using the scaling method. [<-Struck out]

    It is the sense of Congress that the Secretary of Agriculture should issue rules at the earliest practicable date on the issue of below-cost timber sales.

    ( 82 ) The Secretary of Agriculture, acting through the Forest Service, shall reimburse the Agricultural Stabilization and Conservation Service for administrative costs incurred under the Stewardship Incentive Program for the actual cost of services provided by the Agricultural Stabilization and Conservation Service, except that the actual costs shall not exceed 10 percent of the total annual appropriation for the program.

    ( 83 ) As a pilot effort, for the purpose of achieving ecologically defensible management practices, the Kaibab, Dixie, Idaho Panhandle, Stanislaus and Coconino National Forests and the Lake Tahoe Basin Management Unit are authorized to apply the value or a reasonable portion of the value of timber removed under a stewardship end result contract as an offset against the cost of stewardship services received including, but not limited to, site preparation, replanting silviculture programs, recreation, wildlife habitat enhancement, and other multiple-use enhancements on selected projects: Provided, That timber removed shall count toward meeting the Congressional expectations for the annual timber harvest.

    ( 84 ) Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities for sustainable rural development purposes outside the boundaries of National Forest System lands.

DEPARTMENT OF ENERGY

CLEAN COAL TECHNOLOGY

    The first paragraph under this head in Public Law 101-512, as amended, is further amended by striking the phrase ‘$150,000,000 on October 1, 1993, and $100,000,000 on October 1, 1994’ and inserting ‘$100,000,000 on October 1, 1993, $100,000,000 on October 1, 1994, and $50,000,000 on October 1, 1995’ and by striking the phrase ‘$250,000,000 on October 1, 1993, and $250,000,000 on October 1, 1994’ and inserting ‘$150,000,000 on October 1, 1993, $250,000,000 on October 1, 1994, and $100,000,000 on October 1, 1995’.

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, ( 85 ) [Struck out->] $433,163,000 [<-Struck out] $429,070,000, to remain available until expended: 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 ( 86 ) : Provided further, That notwithstanding any other provision of law a single procurement for health and safety renovations at the Morgantown Energy Technology Center’s Building 4 may be issued which includes the full scope of the required renovation: Provided further, That the solicitation and contract shall contain the clause ‘availability of funds’ found at 48 CFR 52.323.18.

alternative fuels production

(INCLUDING TRANSFER OF FUNDS)

    Monies 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, 1993, shall be deposited in this account and immediately transferred to the General Fund of the Treasury. Monies received as revenue sharing from the operation of the Great Plains Gasification Plant shall be immediately transferred to the General Fund of the Treasury.

naval petroleum and oil shale reserves

    For necessary expenses in carrying out naval petroleum and oil shale reserve activities, $214,772,000, to remain available until expended: Provided, That the requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply in fiscal year 1994.

energy conservation

    For necessary expenses in carrying out energy conservation activities, ( 87 ) [Struck out->] $702,825,000, [<-Struck out] $677,013,000, to remain available until expended, including, notwithstanding any other provision of law, the excess amount for fiscal year 1994 determined under the provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That ( 88 ) [Struck out->] $261,325,000 [<-Struck out] $248,225,000 shall be for use in energy conservation programs as defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507) and shall not be available until excess amounts are determined under the provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided further, That notwithstanding section 3003(d)(2) of Public Law 99-509 such sums shall be allocated to the eligible programs as follows: ( 89 ) [Struck out->] $213,600,000 [<-Struck out] $200,000,000 for the weatherization assistance program, ( 90 ) [Struck out->] $18,810,000 [<-Struck out] $19,310,000 for the State energy conservation program, and $28,915,000 for the institutional conservation program: Provided further, That $3,000,000 made available in the third proviso under this head in Public Law 102-154 (105 Stat. 1022-1023) shall be available without restriction for use in the weatherization assistance program: Provided further, That ( 91 ) [Struck out->] $18,091,000 [<-Struck out] $19,366,000 of the amount provided under this heading shall be available for continuing research and development efforts begun under title II of the Interior and Related Agencies portion of the joint resolution entitled ‘Joint Resolution making further continuing appropriations for the fiscal year 1986, and for other purposes’, approved December 19, 1985 (Public Law 99-190), and implementation of steel and aluminum research authorized by Public Law 100-680 ( 92 ) : Provided further, That existing facilities, equipment, and supplies, or previously expended research or development funds are not accepted as contributions for the purposes of this appropriation, except as amortized, depreciated, or expensed in normal business practice: Provided further, That the total Federal expenditure under this proviso shall be repaid up to one and one-half times from the proceeds of the commercial sale, lease, manufacture, or use of technologies developed under this proviso, at a rate of one-fourth of all net proceeds: Provided further, That funding provided under this head for electric and hybrid vehicle battery research and development conducted on a cooperative basis with non-Federal entities shall be available only as matched on an equal basis by such entities: Provided further, That hereafter the Department of Energy, for a period of up to five years after the completion of individual projects may provide appropriate protections, including exemptions from subchapter II of chapter 5 of title 5, United States Code, against the dissemination of information that results from activities conducted by the United States Advanced Battery Consortium or its contractors, or participants in the hybrid vehicle propulsion development program and their contractors and that would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from and first produced by a non-Federal party participating in the United States Advanced Battery Consortium or in the hybrid vehicle propulsion development program.

ECONOMIC REGULATION

    For necessary expenses in carrying out the activities of the Economic Regulatory Administration and the Office of Hearings and Appeals, $12,994,000, to remain available until expended.

EMERGENCY PREPAREDNESS

    For necessary expenses in carrying out emergency preparedness activities, $8,901,000, 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.), $206,810,000, to remain available until expended: Provided, That appropriations herein made shall not be available for leasing of facilities for the storage of crude oil for the Strategic Petroleum Reserve unless the quantity of oil stored in or deliverable to Government-owned storage facilities by virtue of contractual obligations is equal to 700,000,000 barrels: Provided further, That the requirements of 42 U.S.C. 6240(g) shall not apply in fiscal year 1994.

SPR PETROLEUM ACCOUNT

    Notwithstanding 42 U.S.C. 6240(d) the United States share of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or otherwise disposed of to other than the Strategic Petroleum Reserve: Provided, That outlays in fiscal year 1994 resulting from the use of funds in this account shall not exceed ( 93 ) [Struck out->] $79,580,000 [<-Struck out] $75,580,000: Provided further, That no outlays resulting from appropriations made in fiscal year 1993 for acquisition, transporting, and drawing down oil to be stored in the Strategic Petroleum Reserve for national defense purposes shall be counted against any outlay ceiling established for the SPR petroleum account.

ENERGY INFORMATION ADMINISTRATION

    For necessary expenses in carrying out the activities of the Energy Information Administration, ( 94 ) [Struck out->] $86,053,000 [<-Struck out] $86,953,000, 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.

    The Secretary of Energy may transfer to the Emergency Preparedness appropriation such funds as are necessary to meet any unforeseen emergency needs from any funds available to the Department of Energy from this Act.

    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.

    ( 95 ) The thirty-day waiting period required under this head in Public Law 101-512, Department of Energy Administrative Provisions, relating to a contract, agreement, or arrangement with a profit-making or non-profit entity to conduct activities at the Department of Energy’s research facilities at Bartlesville, Oklahoma, is hereby waived.

( 96 ) [Struck out->] revision of amounts for department of energy [<-Struck out]

    [Struck out->] The amounts otherwise provided by this title for the Department of Energy are revised by reducing the amount made available under the heading ‘Fossil Energy Research and Development’ by, and also transferring from the remaining amount made available under such heading to the appropriation for ‘Energy Conservation’ an additional, $24,873,000. [<-Struck out]

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 III and XXVII and section 208 of the Public Health Service Act with respect to the Indian Health Service, ( 97 ) [Struck out->] $1,652,394,000 [<-Struck out] $1,641,592,000, together with payments received during the fiscal year pursuant to 42 U.S.C. 300aaa-2 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 (88 Stat. 2203; 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 $337,848,000 for contract medical care shall remain available for obligation until September 30, 1995: Provided further, That of the funds provided, not less than $11,526,000 shall be used to carry out the loan repayment program under section 108 of the Indian Health Care Improvement Act, as amended: 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 be available for two fiscal years after the fiscal year in which they were collected, 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 of the funds provided, ( 98 ) [Struck out->] $8,000,000 [<-Struck out] $7,000,000 shall remain available until expended, for the Indian Self-Determination Fund, which shall be available for the transitional costs of initial or expanded tribal contracts, grants or cooperative agreements with the Indian Health Service under the provisions of the Indian Self-Determination Act: 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, 1995: Provided further, That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act, as amended, shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended.

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 the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian Health Care Improvement Act, and titles III and XXVII and section 208 of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, ( 99 ) [Struck out->] $296,997,000 [<-Struck out] $293,682,000, 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 ( 100 ) : Provided further, That of the funds provided herein, $500,000 is available to initiate planning and design for the replacement facility at Winnebago, Nebraska upon approval of a program justification document by the Assistant Secretary for Health.

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 ( 101 ) 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 therefor as authorized by law (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. 2651-53) 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 the Indian Health Service shall neither bill nor charge those Indians who may have the economic means to pay unless and until such time as Congress has agreed upon a specific policy to do so and has directed the Indian Health Service to implement such a policy ( 102 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That personnel ceilings may not be imposed on the Indian Health Service nor may any action be taken to reduce the full-time equivalent level of the Indian Health Service by the elimination of temporary employees by reduction in force, hiring freeze or any other means without the review and approval of the Committees on Appropriations [<-Struck out] : 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 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 the appropriation structure for the Indian Health Service may not be altered without the advance approval of the House and Senate Committees on Appropriations. [<-Struck out] [<-Struck out]

DEPARTMENT OF EDUCATION

Office of Elementary and Secondary Education

indian education

    For necessary expenses to carry out, to the extent not otherwise provided, the Indian Education Act of 1988, ( 103 ) [Struck out->] $83,500,000 [<-Struck out] $83,405,000, of which $60,304,000 shall be for subpart 1, $19,161,000 shall be for subparts 2 and 3, and $200,000 shall be for collection and analyses of data on Indian education: Provided, That $1,735,000 available pursuant to section 5323 of the Act shall remain available for obligation until September 30, 1995.

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, ( 104 ) [Struck out->] $26,936,000 [<-Struck out] $34,436,000, 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 Public Law 99-498, as amended (20 U.S.C. 56, Part A), $12,563,000, of which not to exceed $350,000 for Federal matching contributions, to remain available until expended, shall be paid to the Institute endowment fund: Provided, That notwithstanding any other provision of law, the annual budget proposal and justification for the Institute shall be submitted to the Congress concurrently with the submission of the President’s Budget to the Congress: Provided further, That the Institute shall act as its own certifying officer.

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 thirty 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; ( 105 ) [Struck out->] $302,083,000 [<-Struck out] $302,349,000, of which not to exceed ( 106 ) [Struck out->] $27,579,000 [<-Struck out] $24,552,000 for the instrumentation program, collections acquisition, Museum Support Center equipment and move, exhibition reinstallation, the National Museum of the American Indian, and the repatriation of skeletal remains program 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, $5,400,000, 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, $24,000,000, 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, $10,400,000, to remain available until expended.

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, $51,908,000, 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 $2,831,000, 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.

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, $6,352,000.

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 Humanities Act of 1965, as amended, ( 107 ) [Struck out->] $137,228,450 [<-Struck out] $140,836,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) of the Act, and for administering the functions of the Act.

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, ( 108 ) [Struck out->] $28,634,900 [<-Struck out] $29,392,000, to remain available until September 30, 1995, to the National Endowment for the Arts, of which ( 109 ) $13,187,000 $12,858,000 shall be available for purposes of section 5(l): 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, $151,300,000 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, of which $5,000,000 for the Office of Preservation shall remain available until September 30, 1995.

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, $26,191,000, to remain available until September 30, 1995, of which $14,228,000 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 Services

GRANTS AND ADMINISTRATION

    For carrying out title II of the Arts, Humanities, and Cultural Affairs Act of 1976, as amended, $28,777,000.

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 ( 110 ) [Struck out->] :- [Struck out->] Provided further, [Struck out->] That none of the funds in this Act may be used for the President’s Committee on the Arts and the Humanities [<-Struck out] . [<-Struck out] [<-Struck out]

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), $805,000.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

    For necessary expenses as authorized by Public Law 99-190 (99 Stat. 1261; 20 U.S.C. 956(a)), as amended, $7,500,000.

Advisory Council on Historic Preservation

SALARIES AND EXPENSES

    For expenses made necessary by the Act establishing an Advisory Council on Historic Preservation, Public Law 89-665, as amended, $2,959,000: Provided, That none of these funds shall be available for the compensation of Executive Level V 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, $5,868,000: Provided, That all appointed members will be compensated at a rate equivalent to the rate for Executive Schedule Level IV.

Franklin Delano Roosevelt Memorial Commission

SALARIES AND EXPENSES

    For necessary expenses of the Franklin Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69 Stat. 694), as amended by Public Law 92-332 (86 Stat. 401), $49,000, to remain available until September 30, 1995 ( 111 ) : Provided, That funds provided under this head in Public Law 102-381 shall remain available until expended.

Pennsylvania Avenue Development Corporation

SALARIES AND EXPENSES

    For necessary expenses, as authorized by section 17(a) of Public Law 92-578, as amended, $2,738,000 for operating and administrative expenses of the Corporation.

PUBLIC DEVELOPMENT

    For public development activities and projects in accordance with the development plan as authorized by section 17(b) of Public Law 92-578, as amended, ( 112 ) [Struck out->] $4,289,000 [<-Struck out] $4,389,000, to remain available until expended.

LAND ACQUISITION AND DEVELOPMENT FUND

    The Pennsylvania Avenue Development Corporation is authorized to borrow from the Treasury of the United States $7,193,000, pursuant to the terms and conditions in paragraph 10, section 6, of Public Law 92-576, as amended.

United States Holocaust Memorial Council

HOLOCAUST MEMORIAL COUNCIL

    For expenses of the Holocaust Memorial Council, as authorized by Public Law 96-388, as amended, $21,679,000.

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. None of the funds provided in this Act shall be used to evaluate, consider, process, or award oil, gas, or geothermal leases on Federal lands in the Mount Baker-Snoqualmie National Forest, State of Washington, within the hydrographic boundaries of the Cedar River municipal watershed upstream of river mile 21.6, the Green River municipal watershed upstream of river mile 61.0, the North Fork of the Tolt River proposed municipal watershed upstream of river mile 11.7, and the South Fork Tolt River municipal watershed upstream of river mile 8.4.

    SEC. 307. No assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless notice of such assessments and the basis therefor are presented to the Committees on Appropriations and are approved by such Committees.

    ( 113 ) [Struck out->] SEC. [Struck out->] 308. No part of any appropriation under this Act shall be available to the Secretaries of the Interior and Agriculture for use for any sale hereafter made of unprocessed timber from Federal lands in the State of Texas which will be exported by the purchaser: [Struck out->] Provided, [Struck out->] That this limitation shall not apply to specific quantities of grades and species of timber which said Secretaries determine are surplus to domestic lumber and plywood manufacturing needs. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    ( 114 ) [Struck out->] SEC. [Struck out->] 309. Notwithstanding any other provision of law, payments to States pursuant to 16 U.S.C. 500 for National Forests affected by decisions relating to the Northern Spotted Owl from fiscal year 1994 receipts shall not be less than 70 per centum of the average annual payments to States, based on receipts collected on those National Forests during the five-year baseline period of fiscal years 1986 through 1990: [Struck out->] Provided, [Struck out->] That in no event shall these payments exceed the total amount of receipts collected from the affected National Forests during fiscal year 1994. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    ( 115 ) [Struck out->] SEC. [Struck out->] 310. Notwithstanding any other provision of law, the payment to be made by the United States Government pursuant to the provision of subsection (a) of title II of the Act of August 28, 1937 (50 Stat. 876) to the Oregon and California land-grant counties in the State of Oregon from fiscal year 1994 receipts derived from the Oregon and California grant lands shall not be less than 70 per centum of the average annual payment made to those counties of their share of the Oregon and California land-grant receipts collected during the five-year baseline period of fiscal years 1986 through 1990: [Struck out->] Provided, [Struck out->] That in no event shall this payment exceed the total amount of receipts collected from the Oregon and California grant lands during fiscal year 1994 [Struck out->] or $38,111,000, whichever is lower. [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out] [<-Struck out]

    SEC. 311. Section 314 of Public Law 101-512 (104 Stat. 1959-1960) is amended by striking the words ‘cooperative agreement’ and inserting in lieu thereof: ‘any other agreement or compact’.

    SEC. 312. Section 1405, subsection (a) of title 36, United States Code, is amended by striking all of the first sentence through the words ‘confirmation of the Council and who’ and inserting in lieu thereof: ‘There shall be an Executive Director of the Holocaust Memorial Museum who shall be appointed by the Chairperson of the Council, subject to confirmation of the Council, who may be paid with nonappropriated funds, and who, if paid with appropriated funds,’.

    ( 116 ) [Struck out->] SEC. [Struck out->] 313. Section 42 of title 20, United States Code, is amended by inserting ‘the Speaker of the United States House of Representatives,’ immediately after the phrase ‘the Chief Justice of the United States,’. [<-Struck out] [<-Struck out]

    ( 117 ) [Struck out->] SEC. [Struck out->] 314. (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’). [<-Struck out] [<-Struck out]

    [Struck out->] (b) Sense of Congress; Requirement Regarding Notice- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    ( 118 ) Sec. 315. The Forest Service and Bureau of Land Management may offer for sale salvageable timber in the Pacific Northwest in fiscal year 1994: Provided, That for public lands known to contain the Northern spotted owl, such salvage sales may be offered as long as the offering of such sale will not render the area unsuitable as habitat for the Northern spotted owl: Provided further, That timber salvage activity in spotted owl habitat is to be done in full compliance with all existing environmental and forest management laws.

    ( 119 ) Sec. 316. None of the funds provided in this Act may be used to initiate any new construction or land acquisition project, or any new operating program which is estimated to have a total cost in excess of $500,000, unless such project or program is described in the budget justification material submitted to the Congress or is expressly provided for in this Act or its accompanying reports or is requested through established reprogramming procedures: Provided further, That this provision shall not apply to emergency acquisitions or transfers made pursuant to emergency transfer authority.

    ( 120 ) Sec. 317. 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 until an environmental assessment has been completed and the giant sequoia management implementation plan is approved. In any event, timber harvest within the identified groves will be done only to enhance and perpetuate giant sequoia. There will be no harvesting of giant sequoia specimen trees. Removal of hazard, insect, disease and fire killed giant sequoia other than specimen trees is permitted.

    ( 121 ) Sec. 318. None of the funds appropriated in this Act may be used to implement any increase in government housing rental rates in excess of 10 per centum more than the rental rates which were in effect on September 1, 1993, for such housing.

    ( 122 ) Sec. 319. (a) Section 2374(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6612) is amended by inserting ‘, forage production’ after ‘recreation’.

    (b) Section 2374(3) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6612) is amended to read as follows:

      ‘(3) The term ‘rural community’ means--

        ‘(A) any town, township, municipality, or other similar unit of general purpose local government, or any area represented by a not-for-profit corporation organized under state law for any purpose of promoting broad based economic development, that has a population of not more than 10,000 individuals (according to the latest decennial census), that is located within a county in which at least 15 percent of the total primary and secondary labor and proprietor income is derived from forestry, wood products, and forest-related industries such as recreation, forage production, and tourism, and that is located within the boundary, or within 100 miles of the boundary, of a national forest; or

        ‘(B) any county that is not contained within a Metropolitan Statistical Area as defined by the United States Office of Management and Budget, in which at least 15 percent of the total primary and secondary labor and proprietor income is derived from forestry, wood products, and forest-related industries such as recreation, forage production, and tourism, and that is located within the boundary, or within 100 miles of the boundary, of a national forest.

        ‘(C) any unincorporated area of a county having a population larger than 22,550 individuals (according to the latest decennial census) in which at least 15 percent of the total primary and secondary labor and proprietor income is derived from forestry, wood products, and forest-related industries such as recreation, forage production, and tourism, and that is located more than 10 miles from an incorporated municipality.’.

    (c) Section 2374 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6612) is amended by adding at the end thereof the following new subsection:

      ‘(5) The term ‘National Forests’ means National Forest System lands.’.

    ( 123 ) Sec. 320. None of the funds made available by this or any other law may be used to revise part 4, 1780, or 4100 of title 43 of the Code of Federal Regulations in accordance with Part VI, Department of the Interior, Bureau of Land Management or part 222 of title 36 of the Code of Federal Regulations in accordance with Part V, Department of Agriculture, Forest Service, of volume 58, number 155, of the Federal Register, dated August 13, 1993, or to continue any action involving the proposed rulemaking contained in such Federal Register prior to October 1, 1994.

    ( 124 ) SEC. 321. Forest Service Separation Pay- (a) In order to avoid or minimize the need for involuntary separations, effective for the period beginning upon the date of enactment of this Act through and including September 30, 1994, the Secretary of Agriculture, under such regulations and subject to such conditions as the Secretary of Agriculture may prescribe, shall have authority to offer separation pay to employees of the Forest Service to the same extent the Secretary of Defense is authorized to offer separation pay to employees of a defense agency in section 5597 of title 5, United States Code.

    (b) In the event that an authority is enacted to offer separation pay or a voluntary separation incentive similar to such section 5597 of title 5, United States Code, but applicable to employees in the executive branch generally, the authority under subsection (a) shall terminate.

    (c) Such payments may be made to employees who agree, during a continuous 90 day period designated by the agency head, beginning no earlier than the date of enactment of this Act and ending no later than September 30, 1994, to separate from service with the agency, whether by retirement or resignation.

    (d) An employee who has received a voluntary separation incentive under this section and accepts employment with the Government of the United States within 2 years of the date of the separation on which payment of the incentive is based shall be required to repay the entire amount of the incentive to the agency that paid the incentive.

    (e) Total outlays by the Forest Service pursuant to the cooperative work trust funds accounts (12-8028-0-7-302) shall not exceed $279,668,000 in fiscal year 1994.

    ( 125 ) Sec. 322. None of the funds provided in this Act may be used to study or implement the Bureau of Land Management/United States Forest Service comprehensive strategy for Pacific salmon and steelhead habitat (‘PACFISH’) in the Tongass National Forest.

    This Act may be cited as the ‘Department of the Interior and Related Agencies Appropriations Act, 1994’.

Passed the House of Representatives July 15, 1993.

Attest:

DONNALD K. ANDERSON,

Clerk.

Passed the Senate September 15 (legislative day, September 7), 1993.

Attest:

WALTER J. STEWART,

Secretary.

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