[DOCID: f:hr337.105]
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105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-337
_______________________________________________________________________
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR AND
RELATED AGENCIES, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998,
AND FOR OTHER PURPOSES
_______
October 22, 1997.--Ordered to be printed
_______________________________________________________________________
Mr. Regula, from the committee on conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2107]
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the Senate to the bill
(H.R. 2107) ``making appropriations for the Department of the
Interior and Related Agencies, for the fiscal year ending
September 30, 1998, and for other purposes,'' having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 4, 6,
7, 13, 28, 30, 35, 40, 54, 61, 91, 95, 106, 131.
That the House recede from its disagreement to the
amendments of the Senate numbered 2, 5, 10, 16, 18, 20, 25, 31,
33, 38, 39, 41, 44, 45, 46, 47, 48, 49, 52, 53, 56, 58, 59, 60,
62, 63, 64, 66, 71, 72, 73, 75, 76, 79, 85, 86, 92, 94, 100,
107, 112, 113, 116, 117, 119, 120, 122, 123, 125, 126, 127,
133, 135, 139, 140, 141, 145, 147, 148, 149, 154, 155, 159,
160, and 161; and agree to the same.
Amendment numbered 1:
That the House recede from its disagreement to the
amendment of the Senate numbered 1, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$583,270,000; and the Senate agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the
amendment of the Senate numbered 3, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$583,270,000; and the Senate agree to the same.
Amendment numbered 8:
That the House recede from its disagreement to the
amendment of the Senate numbered 8, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$120,000,000; and the Senate agree to the same.
Amendment numbered 9:
That the House recede from its disagreement to the
amendment of the Senate numbered 9, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$11,200,000; and the Senate agree to the same.
Amendment numbered 11:
That the House recede from its disagreement to the
amendment of the Senate numbered 11, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$594,842,000; and the Senate agree to the same.
Amendment numbered 12:
That the House recede from its disagreement to the
amendment of the Senate numbered 12, and agree to the same with
an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert the following: , and of which not to exceed
$5,190,000 shall be used for implementing subsections (a), (b),
(c), and (e) of section 4 of the Endangered Species Act of
1973, as amended: Provided, That the proviso under this heading
in Public Law 104-208 is amended by striking the words
``Education and'' and inserting in lieu thereof
``Conservation'', by striking the word ``direct'' and inserting
in lieu thereof the word ``full'', and by inserting before the
period ``, to remain available until expended''; and the Senate
agree to the same.
Amendment numbered 14:
That the House recede from its disagreement to the
amendment of the Senate numbered 14, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$45,006,000; and the Senate agree to the same.
Amendment numbered 15:
That the House recede from its disagreement to the
amendment of the Senate numbered 15, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$4,228,000; and the Senate agree to the same.
Amendment numbered 17:
That the House recede from its disagreement to the
amendment of the Senate numbered 17, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$62,632,000; and the Senate agree to the same.
Amendment numbered 19:
That the House recede from its disagreement to the
amendment of the Senate numbered 19, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$11,700,000; and the Senate agree to the same.
Amendment numbered 21:
That the House recede from its disagreement to the
amendment of the Senate numbered 21, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,233,664,000; and the Senate agree to the same.
Amendment numbered 22:
That the House recede from its disagreement to the
amendment of the Senate numbered 22, and agree to the same with
an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert: $44,259,000, of which $4,500,000 is for
grants to Heritage areas in accordance with section 606 of
title VI, division I and titles I-VI and VIII-IX, division II
of Public Law 104-333 and is; and the Senate agree to the same.
Amendment numbered 23:
That the House recede from its disagreement to the
amendment of the Senate numbered 23, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$40,812,000; and the Senate agree to the same.
Amendment numbered 24:
That the House recede from its disagreement to the
amendment of the Senate numbered 24, and agree to the same with
an amendment as follows:
In lieu of the sum named in said amendment insert:
$4,200,000; and the Senate agree to the same.
Amendment numbered 26:
That the House recede from its disagreement to the
amendment of the Senate numbered 26, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$214,901,000; and the Senate agree to the same.
Amendment numbered 27:
That the House recede from its disagreement to the
amendment of the Senate numbered 27, and agree to the same with
an amendment, as follows:
In lieu of the matter stricken and inserted in said
amendment, insert: : Provided, That $500,000 for the Rutherford
B. Hayes Home; $600,000 for the Sotterly Plantation House;
$500,000 for the Darwin Martin House in Buffalo, New York;
$500,000 for the Penn Center, South Carolina; and $1,000,000
for the Vietnam Veterans Museum in Chicago, Illinois shall be
derived from the Historic Preservation Fund pursuant to 16
U.S.C. 470a: Provided further, That $3,000,000 for the Hispanic
Cultural Center, New Mexico, is subject to authorization:
Provided further, That none of the funds provided in this Act
may be used to relocate the Brooks River Lodge in Katmai
National Park and Preserve from its current physical location;
and the Senate agree to the same.
Amendment numbered 29:
That the House recede from its disagreement to the
amendment of the Senate numbered 29, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$143,290,000; and the Senate agree to the same.
Amendment numbered 32:
That the House recede from its disagreement to the
amendment of the Senate numbered 32, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$759,160,000; and the Senate agree to the same.
Amendment numbered 34:
That the House recede from its disagreement to the
amendment of the Senate numbered 34, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$145,159,000; and the Senate agree to the same.
Amendment numbered 36:
That the House recede from its disagreement to the
amendment of the Senate numbered 36, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$137,521,000; and the Senate agree to the same.
Amendment numbered 37:
That the House recede from its disagreement to the
amendment of the Senate numbered 37, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$68,574,000; and the Senate agree to the same.
Amendment numbered 42:
That the House recede from its disagreement to the
amendment of the Senate numbered 42, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,528,588,000; and the Senate agree to the same.
Amendment numbered 43:
That the House recede from its disagreement to the
amendment of the Senate numbered 43, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$55,949,000; and the Senate agree to the same.
Amendment numbered 50:
That the House recede from its disagreement to the
amendment of the Senate numbered 50, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$67,514,000; and the Senate agree to the same.
Amendment numbered 51:
That the House recede from its disagreement to the
amendment of the Senate numbered 51, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$63,665,000; and the Senate agree to the same.
Amendment numbered 55:
That the House recede from its disagreement to the
amendment of the Senate numbered 55, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$33,907,000; and the Senate agree to the same.
Amendment numbered 57:
That the House recede from its disagreement to the
amendment of the Senate numbered 57, and agree to the same with
an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 107. In fiscal year 1998 and thereafter, for those
years in which the recreation fee demonstration program
authorized in Public Law 104-134 is in effect, the fee
collection support authority provided in 16 U.S.C. 460l-
6(i)(1)(B) applies only to parks not included in the fee
demonstration program, and that the amount retained under this
authority to cover fee collection costs will not exceed those
costs at the non-demonstration parks, or 15 percent of all fees
collected at non-demonstration parks in a fiscal year whichever
is less. Fee collection costs for parks included in the fee
demonstration program will be covered by the fees retained at
those parks.
And the Senate agree to the same.
Amendment numbered 65:
That the House recede from its disagreement to the
amendment of the Senate numbered 65, and agree to the same with
an amendment, as follows:
Retain the matter proposed by said amendment, amended to
read as follows:
Sec. 118. Any funds made available in this Act or any
other Act for tribal priority allocations (hereinafter in this
section ``TPA'') in excess of the funds expended for TPA in
fiscal year 1997 (adjusted for fixed costs, internal transfers
pursuant to other law, and proposed increases to formula driven
programs not included in tribes' TPA base) shall only be
available for distribution--
(1) to each tribe to the extent necessary to
provide that tribe the minimum level of funding
recommended by the Joint-Tribal/BIA/DOI Task Force on
Reorganization of the Bureau of Indian Affairs Report
of 1994 (hereafter ``the 1994 Report'') not to exceed
$160,000 per tribe; and
(2) to the extent funds remain, such funds will be
allocated according to the recommendations of a task
force comprised of 2 designated Federal officials and 2
tribal representatives from each BIA area. These
representatives shall be selected by the Secretary
after considering a list of names of tribal leaders
nominated and elected by the tribes in each area. The
list of nominees shall be provided to the Secretary by
October 31, 1997. If the tribes in an area fail to
submit a list of nominees to the Secretary by October
31, 1997, the Secretary shall select representatives
after consulting with the BIA. In determining the
allocation of remaining funds, the Task Force shall
consider the recommendations and principles contained
in the 1994 Report. If the Task Force cannot agree on a
distribution by January 31, 1998, the Secretary shall
distribute the remaining funds based on the
recommendations of a majority of Task Force members no
later than February 28, 1998. If a majority
recommendation cannot be reached, the Secretary in
exercising his discretion shall distribute the
remaining funds considering the recommendations of the
Task Force members.
And the Senate agree to the same.
Amendment numbered 67:
That the House recede from its disagreement to the
amendment of the Senate numbered 67, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 120. Notwithstanding any other provision of law, 90
days after enactment of this section there is hereby vested in
the United States all right, title and interest in and to, and
the right of immediate possession of, all patented mining
claims and valid unpatented mining claims (including any
unpatented claim whose validity is in dispute, so long as such
validity is later established in accordance with applicable
agency procedures) in the area known as the Kantishna Mining
District within Denali National Park and Preserve, for which
all current owners (or the bankruptcy trustee as provided
hereafter) of each such claim (for unpatented claims, ownership
as identified in recordations under the mining laws and
regulations) consent to such vesting in writing to the
Secretary of the Interior within said 90-day period: Provided,
That in the case of a mining claim in the Kantishna Mining
District that is involved in a bankruptcy proceeding, where the
bankruptcy trustee is a holder of an interest in such mining
claim, such consent may only be provided and will be deemed
timely for purposes of this section if the trustee applies
within said 90-day period to the bankruptcy court or any other
appropriate court for authority to sell the entire mining claim
and to consent to the vesting of title to such claim in the
United States pursuant to this section, and that in such event
title in the entire mining claim shall vest in the United
States 10 days after entry of an unstayed, final order or
judgment approving the trustee's application: Provided further,
That the United States shall pay just compensation to the
aforesaid owners of any valid claims to which title has vested
in the United States pursuant to this section, determined as of
the date of taking: Provided further, That payment shall be in
the amount of a negotiated settlement of the value of such
claim or the valuation of such claim awarded by judgment, and
such payment, including any deposits in the registry of the
court, shall be made solely from the permanent judgment
appropriation established pursuant to section 1304 of title 31,
United States Code, and shall include accrued interest on the
amount of the agreed settlement value or the final judgment
from the date of taking to the date of payment, calculated in
accordance with section 258a, title 40, United States Code:
Provided further, That the United States or a claim owner or
bankruptcy trustee may initiate proceedings after said 90-day
period, but no later than six years after the date of enactment
of this section, seeking a determination of just compensation
in the District Court for the District of Alaska pursuant to
the Declaration of Taking Act, sections 258a-e of title 40,
United States Code (except where inconsistent with this
section), and joining all owners of the claim: Provided
further, That when any such suit is instituted by the United
States or the owner or bankruptcy trustee, the United States
shall deposit as soon as possible in the registry of the court
the estimated just compensation, in accordance with the
procedures generally described in section 258a of title 40,
United States Code, not otherwise inconsistent with this
section: Provided further, That in establishing any estimate
for deposit in the court registry (other than an estimate based
on an agency approved appraisal made prior to the date of
enactment of this Act) the Secretary of the Interior shall
permit the claim owner to present information to the Secretary
on the value of the claim, including potential mineral value,
and the Secretary shall consider such information and permit
the claim owner to have a reasonable and sufficient opportunity
to comment on such estimate: Provided further, That the
estimated just compensation deposited in the court registry
shall be paid forthwith to the aforesaid owners upon
application to the court: Provided further, That any payment
from the court registry to the aforesaid owners shall be
deducted from any negotiated settlement or award by judgment:
Provided further, That the United States may not request the
court to withhold any payment from the court registry for
environmental remediation with respect to such claim: Provided
further, That the Secretary shall not allow any unauthorized
use of claims acquired pursuant to this section after the date
title vests in the United States pursuant to this section, and
the Secretary shall permit the orderly termination of all
operations on the lands and the removal of equipment,
facilities, and personal property by claim owners or bankruptcy
trustee (as appropriate).
And the Senate agree to the same. ]
Amendment numbered 68:
That the House recede from its disagreement to the
amendment of the Senate numbered 68, and agree to the same with
an amendment, as follows:
Retain the matter proposed in said amendment, amended as
follows:
Before the period at the end of the amendment, insert:
and by inserting at the end of the section the following new
sentence: ``If such litigation is commenced, at the court
trial, any party may introduce any relevant evidence bearing on
the interpretation of the 1976 agreement.''
And the Senate agree to the same.
Amendment numbered 69:
That the House recede from its disagreement to the
amendment of the Senate numbered 69, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
Sec. 122. (a) Kodiak Land Valuation.--Notwithstanding the
Refuge Revenue Sharing Act (16 U.S.C. 715s) or any regulations
implementing such Act, the fair market value for the initial
computation of the payment to Kodiak Island Borough pursuant to
such Act shall be based on the purchase price of the parcels
acquired from Akhiok-Kaguyak, Incorporated, Koniag,
Incorporated, and the Old Harbor Native Corporation for
addition to the Kodiak National Wildlife Refuge.
(b) The fair market value of the parcels described in
subsection (a) shall be reappraised by the Alaska Region of the
United States Fish and Wildlife Service under the Refuge
Revenue Sharing Act (16 U.S.C. 715s). Any such reappraisals
shall be made in accordance with such Act and any other
applicable law and regulation, and shall be effective for any
payments made in fiscal year 1999.
(c) The fair market value computation required under
subsection (a) shall be effective as of the date of the
acquisition of the parcels described is such subsection.
And the Senate agree to the same.
Amendment numbered 70:
That the House recede from its disagreement to the
amendment of the Senate numbered 70, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 123. Assessment of Fees.--
(a) Commission Funding.--Section 18(a) of the Indian
Gaming Regulatory Act (25 U.S.C. 2717 (a)) is amended--
(1) in paragraph (1), by striking ``class II gaming
activity'' and inserting ``gaming operation that
conducts a class II or class III gaming activity''; and
(2) in paragraph (2)--
(A) in subparagraph (A)(i), by striking ``no less
than 0.5 percent nor'' and inserting ``no''; and
(B) in subparagraph (B), by striking ``$1,500,000''
and inserting ``$8,000,000''.
(C) nothing in subsection (a) of this section shall
apply to self-regulated tribes such as the Mississippi
Band of Choctaw.
(b) Authorization of Appropriations.--Section 19 of the
Indian Gaming Regulatory Act (25 U.S.C. 2718) is amended--
(1) in subsection (a), by striking ``such sums as
may be necessary'' and inserting ``for fiscal year
1998, and for each fiscal year thereafter, an amount
equal to the amount of funds derived from the
assessments authorized by section 18(a) for the fiscal
year immediately preceding the fiscal year involved,'';
and
(2) by striking subsection (b) and inserting the
following:
``(b) Notwithstanding section 18, there are authorized to
be appropriated to fund the operation of the Commission,
$2,000,000 for fiscal year 1998, and $2,000,000 for each fiscal
year thereafter. The amounts authorized to be appropriated in
the preceding sentence shall be in addition to the amounts
authorized to be appropriated under subsection (a).''.
And the Senate agree to the same.
Amendment numbered 74:
That the House recede from its disagreement to the
amendment of the Senate numbered 74, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 127. For the sole purpose of accessing park or other
authorized visitor services or facilities at, or originating
from, the public dock area at Bartlett Cove, the National Park
Service shall initiate a competitive process by which the
National Park Service shall allow one-entry per day for a
passenger ferry into Bartlett Cove from Juneau: Provided, That
any passenger ferry allowed entry pursuant to this Act shall be
subject to speed, distance from coast lines, and other
limitations imposed necessary to protect park resources:
Provided further, That nothing in this Act shall be construed
as constituting approval for entry into the waters of Glacier
Bay National Park and Preserve beyond the immediate Bartlett
Cove area as defined by a line extending northeastward from Pt.
Carolus to the west to the southernmost point of Lester Island,
absent required permits.
And the Senate agree to the same.
Amendment numbered 77:
That the House recede from its disagreement to the
amendment of the Senate numbered 77, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 131. No funds provided in this or any other Act may
be expended for the promulgation of a proposed or final rule to
amend or replace the National Indian Gaming Commission's
definition regulations located at 25 CFR 502.7 and 502.8.
And the Senate agree to the same.
Amendment numbered 78:
That the House recede from its disagreement to the
amendment of the Senate numbered 78, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 132. Notwithstanding any other provision of law,
hereafter the United States Fish and Wildlife Service may
disburse to local entities impact funding pursuant to Refuge
Revenue Sharing that is associated with Federal real property
transferred to the United States Geological Survey from the
United States Fish and Wildlife Service.
And the Senate agree to the same.
Amendment numbered 80:
That the House recede from its disagreement to the
amendment of the Senate numbered 80, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 134. Conveyance of Certain Bureau of Land Management
Lands in Clark County, Nevada.--
(a) Findings.--Congress finds that--
(1) certain landowners who own property adjacent to
land managed by the Bureau of Land Management in the
North Decatur Boulevard area of Las Vegas, Nevada,
bordering on North Las Vegas, have been adversely
affected by certain erroneous private land surveys that
the landowners believed were accurate;
(2) the landowners have occupied or improved their
property in good faith reliance on the erroneous
surveys of the properties;
(3) the landowners believed that their entitlement
to occupancy was finally adjudicated by a Judgment and
Decree entered by the Eighth Judicial District Court of
Nevada on October 26, 1989;
(4) errors in the private surveys were discovered
in connection with a dependent resurvey and section
subdivision conducted by the Bureau of Land Management
in 1990, which established accurate boundaries between
certain federally owned properties and private
properties; and
(5) the Secretary has authority to sell, and it is
appropriate that the Secretary should sell, based on an
appraisal of the fair market value as of December 1,
1982, the properties described in section 2(b) to the
adversely affected landowners.
(b) Conveyance of Properties.--
(1) Purchase offers.--
(A) In general.--Not later than 1 year
after the date of enactment of this Act, the
city of Las Vegas, Nevada, on behalf of the
owners of real property located adjacent to the
properties described in paragraph (2), may
submit to the Secretary of the Interior, acting
through the Director of the Bureau of Land
Management (referred to in this Act as the
``Secretary''), a written offer to purchase the
properties.
(B) Information to accompany offer.--An
offer under subparagraph (A) shall be
accompanied by--
(i) a description of each property
offered to be purchased;
(ii) information relating to the
claims of ownership of the property
based on an erroneous land survey; and
(iii) such other information as the
Secretary may require.
(2) Description of properties.--The properties
described in this paragraph, containing 37.36 acres,
more or less, are--
(A) Government lots 22, 23, 26, and 27 in
sec. 18, T. 19 S., R. 61 E., Mount Diablo
Meridian;
(B) Government lots 20, 21, and 24 in sec.
19, T. 19 S., R. 61 E., Mount Diablo Meridian;
and
(C) Those lands encroached upon in
Government lot 1 in sec. 24, T. 19 S., R. 60
E., Mount Diablo Meridian, containing
approximately 8 acres.
(3) Conveyance.--
(A) In general.--Subject to the condition
stated in subparagraph (B), the Secretary shall
convey subject to valid existing rights to the
city of Las Vegas, Nevada, all right, title,
and interest of the United States in and to the
properties offered to be purchased under
paragraph (1) on payment by the city of the
fair market value of the properties, based on
an appraisal of the fair market value as of
December 1, 1982, approved by the Secretary.
(B) Condition.--Properties shall be
conveyed under subparagraph (A) subject to the
condition that the city convey the properties
to the landowners who were adversely affected
by reliance on erroneous surveys as described
in subsection (a).
And the Senate agree to the same.
Amendment numbered 81:
That the House recede from its disagreement to the
amendment of the Senate numbered 81, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 135. (a) Notwithstanding any other provision of law,
the Secretary of the Interior is directed to accept full title
to approximately 84 acres of land located in Prince Georges
County, Maryland, adjacent to Oxon Cove Park, and bordered
generally by the Potomac River, Interstate 295 and the Woodrow
Wilson Bridge, and in exchange therefor shall convey to the
Corrections Corporation of America all of the interest of the
United States in approximately 42 acres of land located in Oxon
Cove Park in the District of Columbia, and bordered generally
by Oxon Cove, Interstate 295 and the District of Columbia
Impound Lot.
(b) The Secretary shall not acquire any lands under this
section if the Secretary determines that the lands or any
portion thereof have become contaminated with hazardous
substances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601)).
(c) Notwithstanding any other provision of law, the
United States shall have no responsibility or liability with
respect to any hazardous wastes or other substances placed on
any of the lands covered by this section after their transfer
to any party, but nothing in this section shall be construed as
either diminishing or increasing any responsibility or
liability of the United States based on the condition of such
lands on the date of their transfer to the ownership of another
party: Provided, that the Corrections Corporation of America
shall indemnify the United States for liabilities arising under
the Comprehensive Environmental Response, Compensation and
Liability Act (42 U.S.C. 9601) and the Resource Conservation
Recovery Act (42 U.S.C. 9601, et seq.).
(d) The properties so exchanged shall be equal in fair
market value or if they are not approximately equal, the
Corrections Corporation of America shall equalize the values by
the payment of cash to the Secretary and any such payments
shall be deposited to credit of ``Miscellaneous Trust Funds,
National Park Service'' and shall be available without further
appropriation until expended for the acquisition of land within
the National Park System. No equalization shall be required if
the value of the property received by the Secretary is more
than that transferred by the Secretary.
(e) Costs of conducting necessary land surveys, preparing
the legal descriptions of the lands to be conveyed, appraisals,
deeds, other necessary documents, and administrative costs
shall be borne by the Corporation. The required appraisals
shall be conducted in accordance with 43 C.F.R. Sec. 2201.3-1,
Sec. 2201.3-3 and Sec. 2201.3-4.
(f) Following any exchange authorized by this provision,
the boundaries of the Park System of the Nation's Capital are
hereby amended to reflect the property added to and deleted
from that System.
And the Senate agree to the same.
Amendment numbered 82:
That the House recede from its disagreement to the
amendment of the Senate numbered 82, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 136. The National Park Service shall, within 30 days
of enactment of this Act, begin negotiations with the
University of Alaska Fairbanks, School of Mineral Engineering,
to determine the compensation that shall be paid by the
National Park Service, within funds appropriated to the
National Park Service in this Act, or within unobligated
balances of funds appropriated in prior Appropriations Acts, to
the University of Alaska Fairbanks, School of Mineral
Engineering, for facilities, equipment, and interests owned by
the University that were destroyed by the Federal Government at
the Stampede Mine Site within the boundaries of Denali National
Park and Preserve: Provided, That if the National Park Service
and the University of Alaska Fairbanks, School of Mineral
Engineering, fail to reach a negotiated settlement within 90
days of commencing negotiations, then the National Park Service
shall submit a formal request to the Director of the Office of
Hearings and Appeals, Department of the Interior, for the
purpose of entering into third-party mediation to be conducted
in accordance with the Department of the Interior's final
policy applicable to alternative dispute resolution: Provided
further, That any payment made by the National Park Service to
the University of Alaska Fairbanks, School of Mineral
Engineering, shall fully satisfy the claims of the University
of Alaska Fairbanks, School of Mineral Engineering; and that
the University of Alaska Fairbanks, School of Mineral
Engineering, shall convey to the Secretary of the Interior all
property rights in such facilities, equipment and interests:
Provided further, That the Secretary of the Army shall provide,
at no cost, two six by six vehicles, in excellent operating
condition, or equivalent equipment to the University of Alaska
Fairbanks, School of Mineral Engineering, and shall construct a
bridge across the Bull River to the Golden Zone Mine Site to
allow ingress and egress for the activities conducted by the
School of Mineral Engineering.
And the Senate agree to the same.
Amendment numbered 83:
That the House recede from its disagreement to the
amendment of the Senate numbered 83, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$187,944,000; and the Senate agree to the same.
Amendment numbered 84:
That the House recede from its disagreement to the
amendment of the Senate numbered 84, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$161,237,000; and the Senate agree to the same.
Amendment numbered 87:
That the House recede from its disagreement to the
amendment of the Senate numbered 87, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,348,377,000; and the Senate agree to the same.
Amendment numbered 88:
That the House recede from its disagreement to the
amendment of the Senate numbered 88, and agree to the same with
an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows: after the words ``design costs'' in said amendment
insert: : Provided further, That any such project must be
approved by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures contained in
House Report 105-163; and the Senate agree to the same.
Amendment numbered 89:
That the House recede from its disagreement to the
amendment of the Senate numbered 89, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$584,707,000; and the Senate agree to the same.
Amendment numbered 90:
That the House recede from its disagreement to the
amendment of the Senate numbered 90, and agree to the same with
an amendment, as follows:
In lieu of the sum named in said amendment insert:
$166,045,000; and the Senate agree to the same.
Amendment numbered 93:
That the House recede from its disagreement to the
amendment of the Senate numbered 93, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$52,976,000; and the Senate agree to the same.
Amendment numbered 96:
That the House recede from its disagreement to the
amendment of the Senate numbered 96, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$2,250,000; and the Senate agree to the same.
Amendment numbered 97:
That the House recede from its disagreement to the
amendment of the Senate numbered 97, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$750,000; and the Senate agree to the same.
Amendment numbered 98:
That the House recede from its disagreement to the
amendment of the Senate numbered 98, and agree to the same with
an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
No funds appropriated under this or any other Act for the
purpose of operations conducted at the Forest Service Region 10
headquarters, including those funds identified for centralized
field costs for employees of this office, shall be obligated or
expended in excess of $17,500,000 from the total funds
appropriated for Region 10, without 60 days prior notice to
Congress. Funds appropriated by this Act to implement the
Revised Tongass National Forest Land Management Plan, shall be
spent and obligated at the Forest Supervisor and Ranger
District levels, with the exception of specific management and
oversight expenses, provided such expenses are included in the
funding ceiling of $17,500,000.
And the Senate agree to the same.
Amendment numbered 99:
That the House recede from its disagreement to the
amendment of the Senate numbered 99, and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$362,403,000; and the Senate agree to the same.
Amendment numbered 101:
That the House recede from its disagreement to the
amendment of the Senate numbered 101, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$611,723,000; and the Senate agree to the same.
Amendment numbered 102:
That the House recede from its disagreement to the
amendment of the Senate numbered 102, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$155,095,000; and the Senate agree to the same.
Amendment numbered 103:
That the House recede from its disagreement to the
amendment of the Senate numbered 103 and agree to the same with
an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$124,845,000; and the Senate agree to the same.
Amendment numbered 104:
That the House recede from its disagreement to the
amendment of the Senate numbered 104, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$30,250,000; and the Senate agree to the same.
Amendment numbered 105:
That the House recede from its disagreement to the
amendment of the Senate numbered 105, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to Energy Policy and Conservation Act of
1975, as amended (42 U.S.C. 6201 et. seq.), $207,500,000, to
remain available until expended, of which $207,500,000 shall be
repaid from the ``SPR Operating Fund'' from amounts made
available from the sale of oil from the Reserve: Provided, That
notwithstanding section 161 of the Energy Policy and
Conservation Act, the Secretary shall draw down and sell in
fiscal year 1998 $207,500,000 worth of oil from the Strategic
Petroleum Reserve: Provided further, That the proceeds from the
sale shall be deposited into the ``SPR Operating Fund'', and
shall, upon receipt, be transferred to the Strategic Petroleum
Reserve account for operations of the Strategic Petroleum
Reserve.
And the Senate agree to the same.
Amendment numbered 108:
That the House recede from its disagreement to the
amendment of the Senate numbered 108, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$1,841,074,000; and the Senate agree to the same.
Amendment numbered 109:
That the House recede from its disagreement to the
amendment of the Senate numbered 109, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$361,375,000; and the Senate agree to the same.
Amendment numbered 110:
That the House recede from its disagreement to the
amendment of the Senate numbered 110, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
: Provided further, That not to exceed $168,702,000 shall be
for payments to tribes and tribal organizations for contract
support costs associated with ongoing contracts or grants or
compacts entered into with the Indian Health Service prior to
fiscal year 1998, as authorized by the Indian Self-
Determination Act of 1975, as amended; and the Senate agree to
the same.
Amendment numbered 111:
That the House recede from its disagreement to the
amendment of the Senate numbered 111, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
In lieu of the sum named in the matter restored insert:
$257,538,000; and the Senate agree to the same.
Amendment numbered 114:
That the House recede from its disagreement to the
amendment of the Senate numbered 114, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$4,250,000; and the Senate agree to the same.
Amendment numbered 115:
That the House recede from its disagreement to the
amendment of the Senate numbered 115, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$333,408,000; and the Senate agree to the same.
Amendment numbered 118:
That the House recede from its disagreement to the
amendment of the Senate numbered 118, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$6,192,000; and the Senate agree to the same.
Amendment numbered 121:
That the House recede from its disagreement to the
amendment of the Senate numbered 121, and agree to the same
with an amendment, as follows:
In lieu of the sum named by said amendment insert:
$81,240,000 ; and the Senate agree to the same.
Amendment numbered 124:
That the House recede from its disagreement to the
amendment of the Senate numbered 124, and agree to the same
with an amendment, as follows:
In lieu of the sum proposed by said amendment insert:
$23,280,000; and the Senate agree to the same.
Amendment numbered 128:
That the House recede from its disagreement to the
amendment of the Senate numbered 128, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment amended to
read as follows:
Sec. 316. Subsistence Hunting and Fishing in Alaska.--
(a) Moratorium on Federal Management.--None of the funds
made available to the Department of the Interior or the
Department of Agriculture by this or any other Act hereafter
enacted may be used prior to December 1, 1998 to issue or
implement final regulations, rules, or policies pursuant to
Title VIII of the Alaska National Interest Lands Conservation
Act to assert jurisdiction, management, or control over the
navigable waters transferred to the State of Alaska pursuant to
the Submerged Lands Act of 1953 or the Alaska Statehood Act of
1959.
(b) Amendments to Alaska National Interest Lands
Conservation Act.--
(1) Amendment of Anilca.--Except as otherwise
expressly provided, whenever in this subsection an
amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made
to a section or other provision of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et
seq.).
(2) Definitions.--Section 102(2) (16 U.S.C.
3102(2)) is amended to read as follows:
``(2) The term `Federal land' means lands the title
to which is in the United States after December 2,
1980. `Federal land' does not include lands the title
to which is in the State, a Native Corporation, or
other private ownership.''.
(3) Findings.--Section 801 (16 U.S.C. 3111) is
amended--
(A) by inserting ``(a)'' immediately before
``The Congress finds and declares''; and
(B) by inserting at the end the following
new subsection:
``(b) The Congress finds and declares further that--
``(1) subsequent to the enactment of this Act in
1980, the subsistence law of the State of Alaska (AS
16.05) accomplished the goals of Congress and
requirements of this Act in providing subsistence use
opportunities for rural residents of Alaska, both
Native and non-Native;
``(2) the Alaska subsistence law was challenged in
Alaska courts, and the rural preference requirement in
the law was found in 1989 by the Alaska Supreme Court
in McDowell v. State of Alaska (785 P.2d 1, 1989) to
violate the Alaska Constitution;
``(3) since that time, repeated attempts to restore
the validity of the State law through an amendment to
the Alaska Constitution have failed, and the people of
Alaska have not been given the opportunity to vote on
such an amendment;
``(4) in accordance with Title VIII of this Act,
the Secretary of the Interior is required to manage
fish and wildlife for subsistence uses on all public
lands in Alaska because of the failure of State law to
provide a rural preference;
``(5) the Ninth Circuit Court of Appeals determined
in 1995 in State of Alaska v. Babbitt (73 F.3d 698)
that the subsistence priority required on public lands
under section 804 of this Act applies to navigable
waters in which the United States has reserved water
rights as identified by the Secretary of the Interior;
``(6) management of fish and wildlife resources by
State governments has proven successful in all 50
States, including Alaska, and the State of Alaska
should have the opportunity to continue to manage such
resources on all lands, including public lands, in
Alaska in accordance with this Act, as amended; and
``(7) it is necessary to amend portions of this Act
to restore the original intent of Congress to protect
and provide for the continued opportunity for
subsistence uses on public lands for Native and non-
Native rural residents through the management of the
State of Alaska.''.
(4) Title viii definitions.--Section 803 (16 U.S.C.
3113) is amended--
(A) by striking ``and'' at the end of
paragraph (1);
(B) by striking the period and inserting a
semicolon at the end of paragraph (2); and
(C) by inserting at the end the following
new paragraphs:
``(3) `customary and traditional uses' means the
noncommercial, long-term, and consistent taking of, use
of, or reliance upon fish and wildlife in a specific
area and the patterns and practices of taking or use of
that fish and wildlife that have been established over
a reasonable period of time, taking into consideration
the availability of the fish and wildlife;
``(4) `customary trade' means, except for money
sales of furs and furbearers, the limited noncommercial
exchange for money of fish and wildlife or their parts
in minimal quantities; and
``(5) `rural Alaska resident' means a resident of a
rural community or area. A `rural community or area'
means a community or area substantially dependent on
fish and wildlife for nutritional and other subsistence
uses.''.
(5) Preference for subsistence uses.--Section 804
(16 U.S.C. 3114) is amended--
(A) by inserting ``(a)'' immediately before
the first sentence; and
(B) by inserting at the end the following
new subsection:
``(b) The priority granted by this section is for a
reasonable opportunity to take fish and wildlife. For the
purposes of this subsection, the term `reasonable opportunity'
means an opportunity, consistent with customary and traditional
uses (as defined in section 803(3)), to participate in a
subsistence hunt or fishery with a reasonable expectation of
success, and does not mean a guarantee that fish and wildlife
will be taken.''.
(6) Local and regional participation.--Section 805
(16 U.S.C. 3115) is amended--
(A) in subsection (a) by striking ``one
year after the date of enactment of this
Act,''; and
(B) by amending subsection (d) to read as
follows:
``(d)(1) Upon certification by the Secretary that the
State has enacted and implemented laws of general applicability
which are consistent with, and which provide for the
definition, preference, and participation specified in sections
803, 804, and 805, the Secretary shall not implement
subsections (a), (b), and (c) of this section, and the State
may immediately assume management for the taking of fish and
wildlife on the public lands for subsistence uses pursuant to
this title. Upon assumption of such management by the State,
the Secretary shall not implement subsections (a), (b), and (c)
of this section unless a court of competent jurisdiction
determines that such laws have been repealed, modified, or
implemented in a way that is inconsistent with, or does not
provide for, the definition, preference, and participation
specified in sections 803, 804, and 805, or that the State has
failed to cure any such inconsistency after such determination.
The State laws shall otherwise supercede such sections insofar
as such sections govern State responsibility pursuant to this
title for the taking of fish and wildlife on the public lands
for subsistence uses. The Secretary may bring a judicial action
to enforce this subsection.
``(2)(A) Laws establishing a system of local advisory
committees and regional advisory councils consistent with
section 805 shall provide that the State rulemaking authority
shall consider the advice and recommendations of the regional
councils concerning the taking of fish and wildlife populations
on public lands within their respective regions for subsistence
uses. The regional councils may present recommendations, and
the evidence upon which such recommendations are based, to the
State rulemaking authority during the course of the
administrative proceedings of such authority. The State
rulemaking authority may choose not to follow any
recommendation which it determines is not supported by
substantial evidence presented during the course of its
administrative proceedings, violates recognized principles of
fish and wildlife conservation or would be detrimental to the
satisfaction of rural subsistence needs. If a recommendation is
not adopted by the State rulemaking authority, such authority
shall set forth the factual basis and the reasons for its
decision.
``(B) The members of each regional advisory council
established under this subsection shall be appointed by the
Governor of Alaska. Each council shall have ten members, four
of whom shall be selected from nominees who reside in the
region submitted by tribal councils in the region, and six of
whom shall be selected from nominees submitted by local
governments and local advisory committees. Three of these six
shall be subsistence users who reside in the subsistence
resource region and three shall be sport or commercial users
who may be residents of any subsistence resource region.
Regional council members shall have staggered terms of three
years in length, with no limit on the number of terms a member
may serve. A quorum shall be a majority of the members of the
council.''.
(7) Judicial enforcement.--Section 807 (16 U.S.C.
3117) is amended by inserting the following as
subsection (b):
``(b) State agency actions may be declared invalid by the
court only if they are arbitrary, capricious, or an abuse of
discretion, or otherwise not in accordance with law. When
reviewing any action within the specialized knowledge of a
State agency, the court shall give the decision of the State
agency the same deference it would give the same decision of a
comparable Federal agency.''.
(8) Regulations.--Section 814 (16 U.S.C. 3124) is
amended--
(A) by inserting ``, and the State at any
time the State has complied with section
805(d)'' after ``Secretary''; and
(B) by adding at the end the following new
sentence: ``During any time that the State has
complied with section 805 (d), the Secretary
shall not make or enforce regulations
implementing sections 805(a), (b), or (c).''.
(9) Limitations, savings clauses.--Section 815 (16
U.S.C. 3125) is amended--
(A) by striking ``or'' at the end of
paragraph (3);
(B) by striking the period at the end of
paragraph (4) and inserting in lieu thereof a
semicolon and ``or''; and
(C) by inserting at the end the following
new paragraph:
``(5) prohibiting the Secretary or the State from
entering into co-management agreements with Native
organizations or other local or regional entities when either
is managing fish and wildlife on public lands in Alaska for
subsistence uses.''.
(c) Savings Clause.--No provision of this section,
amendment made by this section, or exercise of authority
pursuant to this section may be construed to validate,
invalidate, or in any way affect--
(1) any assertion that a Native organization
(including a federally recognized tribe, traditional
Native council, or Native council organized pursuant to
the Act of June 18, 1934 (25 U.S.C. 461 et seq.), as
amended) has or does not have governmental authority
over lands (including management of, or regulation of
the taking of, fish and wildlife) or persons within the
boundaries of the State of Alaska;
(2) any assertion that Indian country, as defined
in section 1151 of title 18, United States Code, exists
or does not exist within the boundaries of the State of
Alaska;
(3) any assertion that the Alaska National Interest
Lands Conservation Act, as amended, (16 U.S.C. 3101 et
seq.) is or is not Indian law; or
(4) the authority of the Secretary of the Interior
under section 1314(c) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3202(c)).
(d) Effective Date.--Unless and until laws are adopted in
the State of Alaska which provide for the definition,
preference, and participation specified in sections 803, 804,
and 805 of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3111 et seq.), the amendments made by subsection (b)
of this section shall be effective only for the purposes of
determining whether the State's laws provide for such
definition, preference, and participation. The Secretary shall
certify before December 1, 1998 if such laws have been adopted
in the State of Alaska. Subsection (b) shall be repealed on
such date if such laws have not been adopted.
And the Senate agree to the same.
Amendment numbered 129:
That the House recede from its disagreement to the
amendment of the Senate numbered 129, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment amended to
read as follows:
Sec. 317. Section 909(b)(2) of Division II, Title IX of
P.L. 104-333 is hereby amended to delete the sentence which
reads ``For technical assistance pursuant to section 908, not
more than $50,000 annually.''.
And the Senate agree to the same.
Amendment numbered 130:
That the House recede from its disagreement to the
amendment of the Senate numbered 130, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment insert:
Sec. 318. No part of any appropriation contained in this
Act shall be expended or obligated to fund the activities of
the western director and special assistant to the Secretary
within the Office of the Secretary of Agriculture that exceeds
the funding provided for these activities from this Act during
fiscal year 1997.
And the Senate agree to the same.
Amendment numbered 132:
That the House recede from its disagreement to the
amendment of the Senate numbered 132, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended as
follows:
Before the final period in the matter restored insert: ;
and amend section 315(c)(1), subsection (C) as follows: after
the words ``the Fish and Wildlife Service'', insert ``and the
National Park Service''; and the Senate agree to the same.
Amendment numbered 134:
That the House recede from its disagreement to the
amendment of the Senate numbered 134, and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 323. (a) Prior to the completion of any decision
document or the making of any decision related to the final
Environmental Impact Statements (hereinafter ``final EISs'')
associated with the Interior Columbia Basin Ecosystem Project
(hereinafter the ``Project''), the Secretary of Agriculture and
the Secretary of the Interior shall prepare and submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report that shall include:
(1) a detailed description of any and all land and
resource management planning and policy or project
decisions to be made, by type and by the level of
official responsible, and the procedures for such
decisions to be undertaken, by the Forest Service,
Bureau of Land Management, and Fish and Wildlife
Service pursuant to the National Forest Management Act,
Federal Land Policy and Management Act, Endangered
Species Act, National Environmental Policy Act and any
other applicable law in order to authorize and
implement actions affecting the environment on Federal
lands within the jurisdiction of either Secretary in
the Project area that are consistent with the final
EISs;
(2) a detailed estimation of the time and cost (for
all participating federal agencies) to accomplish each
decision described in paragraph (1), from the date of
initiation of preparations for, to the date of
publication or announcement of, the decision, including
a detailed statement of the source of funds for each
such decision and any reprogramming in fiscal year
1998;
(3) estimated production of goods and services from
each unit of the Federal lands for the first 5 years
during the course of the decision making described in
paragraph (1) beginning with the date of publication of
the applicable final EIS; and
(4) if the requirements described in paragraphs (1)
through (3) cannot be accomplished within the
appropriations provided in this Act, adjusted only for
inflation, in subsequent fiscal years and without any
reprogramming of such appropriations, provide a
detailed description of the decision making process
that will be used to establish priorities in accordance
with such appropriations.
(b) Using all research information available from the
area encompassed by the Project, the Secretaries, to the extent
practicable, shall analyze the economic and social conditions,
and culture and customs, of the communities at the sub-basin
level within the Project area and the impacts the alternatives
in the draft EISs will have on those communities. This analysis
shall be published on a schedule that will allow a reasonable
period of time for public comment thereon prior to the close of
the comment periods on the draft EISs. The analysis, together
with the response of the Secretaries to the public comment,
shall be incorporated in the final EISs and, subject to
subsection (a), subsequent decisions related thereto.
(c) Nothing in this section shall be construed as
altering or affecting in any manner any provision of applicable
land or resource management plans, PACFISH, INFISH, Eastside
screens, and other policies adopted by the Forest Service or
Bureau of Land Management prior to the date of enactment of
this Act to protect wildlife, watershed, riparian, and other
resources of the Federal lands.
And the Senate agree to the same.
Amendment numbered 136:
That the House recede from its disagreement to the
amendment of the Senate numbered 136, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended to
read as follows:
Sec. 326. (a) Notwithstanding any other provision of law,
after September 30, 1997 the Indian Health Service may not
disburse funds for the provision of health care services
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.), with any
Alaska Native village or Alaska Native village corporation that
is located within the area served by an Alaska Native regional
health entity.
(b) Nothing in this section shall be construed to
prohibit the disbursal of funds to any Alaska Native village or
Alaska Native village corporation under any contract or compact
entered into prior to August 27, 1997, or to prohibit the
renewal of any such agreement.
(c) The General Accounting Office shall conduct a study
of the impact of contracting and compacting by the Indian
Health Service under Public Law 93-638 with Alaska Native
villages and Alaska Native village corporations for the
provision of health care services by Alaska Native regional
corporation health care entities. The General Accounting Office
shall submit the results of that study to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives by June 1, 1998.
(d) Section 1004 of the Coast Guard Authorization Act of
1996 (Public Law 104-324, 110 Stat. 3956) is amended--
(1) in subsection (a) by striking ``for use as a
health or social services facility'' and insert in lieu
thereof ``for sale or use other than for a facility for
the provision of health programs funded by the Indian
Health Service (not including any such programs
operated by Ketchikan Indian Corporation prior to
1993)''; and
(2) by striking subsection (c).
And the Senate agree to the same.
Amendment numbered 137:
That the House recede from its disagreement to the
amendment of the Senate numbered 137 , and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment amended to
read as follows:
Sec. 327. None of the funds made available by this Act
may be used to require any person to vacate real property where
a term is expiring under a use and occupancy reservation in
Sleeping Bear Dunes National Lakeshore until such time as the
National Park Service (NPS) indicates to the appropriate
Congressional Committees and the holders of these reservations
that it has sufficient funds to remove the residence on that
property within 90 days of that residence being vacated. The
NPS will provide at least 90 days notice to the holders of
expired reservations to allow them time to leave the residence.
The NPS will charge fair market value rental rates while any
occupancy continues beyond an expired reservation. Reservation
holders who stay beyond the expiration date will also be
required to pay for appraisals to determine current fair market
value rental rates, any rehabilitation needed to ensure
suitability for occupancy, appropriate insurance, and all
continuing utility costs.
And the Senate agree to the same.
Amendment numbered 138:
That the House recede from its disagreement to the
amendment of the Senate numbered 138 , and agree to the same
with an amendment, as follows:
Restore the matter stricken by said amendment, amended to
read as follows:
Sec. 328. (a) None of the funds made available in this
Act or any other Act providing appropriations for the
Department of the Interior, the Forest Service or the
Smithsonian Institution may be used to submit nominations for
the designation of Biosphere Reserves pursuant to the Man and
Biosphere program administered by the United Nations
Educational, Scientific, and Cultural Organization.
(b) The provisions of this section shall be repealed upon
enactment of subsequent legislation specifically authorizing
U.S. participation in the Man and Biosphere program.
And the Senate agree to the same.
Amendment numbered 142:
That the House recede from its disagreement to the
amendment of the Senate numbered 142, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 333. No part of any appropriation contained in this
Act shall be expended or obligated to fund new revisions of
national forest land management plans until new final or
interim final rules for forest land management planning are
published in the Federal Register. Those national forests which
are currently in a revision process, having formally published
a Notice of Intent to revise prior to October 1, 1997, or
having been court-ordered to revise, are exempt from this
section and may utilize funds in this Act and proceed to
complete the forest plan revision in accordance with current
forest planning regulations.
And the Senate agree to the same.
Amendment numbered 143:
That the House recede from its disagreement to the
amendment of the Senate numbered 143, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 333. No part of any appropriation contained in this
Act shall be expended or obligated to complete and issue the
five year program under the Forest and Rangeland Renewable
Resources Planning Act.
And the Senate agree to the same.
Amendment numbered 144:
That the House recede from its disagreement to the
amendment of the Senate numbered 144, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows: After ``fiscal year 1998'', delete ``and each year
thereafter''; and the Senate agree to the same.
Amendment numbered 146:
That the House recede from its disagreement to the
amendment of the Senate numbered 146, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows: After the word ``may'', delete the word ``hereafter'',
and insert in lieu thereof: ``, until September 30, 2000,'';
and the Senate agree to the same.
Amendment numbered 150:
That the House recede from its disagreement to the
amendment of the Senate numbered 150, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended to
read as follows:
Sec. 340. (a) The Secretary of Agriculture is authorized
and directed to negotiate with Skamania County for the exchange
of lands or interests in lands constituting the Wind River
Nursery Site within the Gifford Pinchot National Forest,
Washington.
(b) In return for the Nursery Site properties, Skamania
County is authorized and directed to negotiate with the Forest
Service the conveyance of approximately 120 acres of high
biodiversity, special management lands located near Table
Mountain within the Columbia River Gorge National Scenic Area,
title to which must be acceptable to the Secretary of
Agriculture.
(c) Before this exchange can occur, it must be of equal
value and the Secretary and the Skamania County Board of
Commissioners must agree on the exact parcels of land to be
included in the exchange. An agreement signed by the Secretary
of Agriculture and the Skamania County Board of Commissioners
describing the properties involved and a certification that the
exchange is of equal value must be completed no later than
September 30, 1999.
(d) During this two year negotiating period, the Wind
River Nursery property shall not be conveyed to another party.
The Forest Service shall maintain the site in a tenantable
condition.
(e) Except as provided herein, the exchange shall be for
equal value in accordance with land exchange authorities
applicable to the National Forest System.
(f) The Secretary is directed to equalize values by not
only cash and exchange of lands, easements, reservations, and
other interests in lands, but also by full value credit for
such services as Skamania County provides to the Gifford
Pinchot and Columbia River Gorge National Scenic Area and as
the Secretary and Skamania County deem appropriate. The
Secretary may accept services in lieu of cash when the
Secretary can discern cash value for the services and when the
Secretary determines such services would provide direct
benefits to lands and resources and users of such lands and
resources under the jurisdiction of the Secretary.
(g) Any cash equalization which Skamania County elects to
make may be made up to 50 percent of the fair market value of
the Federal property, and such cash equalization may be made in
installments over a period not to exceed 25 years. Payments
received as partial consideration shall be deposited into the
fund in the Treasury established under the Act of December 4,
1967, commonly known as the Sisk Act, and shall be available
for expenditure as provided in the Act except that the
Secretary may not use those funds to purchase lands within
Skamania County.
(h) In defining the Federal estate to be conveyed, the
Secretary may require such additional terms and conditions as
deemed necessary in connection with assuring equal value and
public interest considerations in this exchange including, but
not limited to, continued research use of the Wind River
Experimental Forest and protection of natural, cultural, and
historic resources, existing administrative sites, and a scenic
corridor for the Pacific Crest National Scenic Trail.
(i) This authorization is predicated on Skamania County's
Board of Commissioners commitment to give foremost
consideration to preservation of the overall integrity of the
site and conservation of the educational and research potential
of the Site, including providing for access to and assurance of
the continued administration and operation of forestry research
on the adjacent Thornton Munger Research Natural Area.
(j) The Secretary is further directed to cooperate with
Skamania County to address applicable Federal and State
environmental laws.
(k) Notwithstanding the processes involved with the
National Environmental Policy Act and the State Environmental
Policy Act, should the Secretary of Agriculture and the
Skamania County Board of Commissioners fail to reach an
agreement on an equal value exchange defined under the terms of
this legislation by September 30, 1999, the Wind River Nursery
Site shall remain under Forest Service ownership and be
maintained by the Forest Service in a tenantable condition.
And the Senate agree to the same.
Amendment numbered 151:
That the House recede from its disagreement to the
amendment of the Senate numbered 151, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 341. The National Wildlife Refuge in Jasper and
Marion Counties, Iowa, authorized in Public Law 101-302 shall
be referred to in any law, regulation, documents or record of
the United States in which such project is referred to, as the
Neal Smith National Wildlife Refuge.
And the Senate agree to the same.
Amendment numbered 152:
That the House recede from its disagreement to the
amendment of the Senate numbered 152, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended as
follows:
After ``July 1997'' in said amendment insert: ``and
issuing a Record of Decision''; and the Senate agree to the
same.
Amendment numbered 153:
That the House recede from its disagreement to the
amendment of the Senate numbered 153, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 343. The Secretary of Agriculture shall hereafter
phase in, over a 3 year period in equal annual installments,
that portion of the fee increase for a recreation residence
special use permit holder which is more than 100 percent of the
previous year's fee, provided that no recreation residence fee
may be increased any sooner than one year from the time the
permittee has been notified by the Forest Service of the
results of an appraisal which has been conducted for the
purpose of establishing such fees: Provided, That no increases
in recreation residence fees on the Sawtooth National Forest
will be implemented prior to January 1, 1999.
And the Senate agree to the same.
Amendment numbered 156:
That the House recede from its disagreement to the
amendment of the Senate numbered 156, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended as
follows:
At the end of the amendment insert:
(c) In providing services and awarding financial
assistance under the National Foundation on the Arts and
Humanities Act of 1965 with funds appropriated by this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Humanities
Act of 1965--
(1) the Chairperson shall establish a grant
category for projects, productions, workshops, or
programs that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1); and
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act.
(e) Section 6(b) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 955(b)) is amended to
read as follows:
``(b) Appointment and Composition of Council.--(1) The
Council shall be composed of members as follows:
``(A) The Chairperson of the National Endowment for
the Arts, who shall be the chairperson of the Council.
``(B) Members of Congress appointed for a 2 year
term beginning on January 1 of each odd-numbered year
as follows:
``(i) 2 Members of the House of
Representatives appointed by Speaker of the
House of Representatives.
``(ii) 1 Member of the House of
Representatives appointed by the Minority
Leader of the House of Representatives.
``(iii) 2 Senators appointed by the
Majority Leader of the Senate.
``(iv) 1 Senator appointed by the Minority
Leader of the Senate.
Members of the Council appointed under this
subparagraph shall serve ex-officio and shall be
nonvoting members of the Council.
``(C) 14 members appointed by the President, by and
with the advice and consent of the Senate, who shall be
selected--
``(i) from among private citizens of the
United States who--
``(I) are widely recognized for
their broad knowledge of, or expertise
in, or for their profound interest in,
the arts; and
``(II) have established records of
distinguished service, or achieved
eminence, in the arts;
``(ii) so as to include practicing artists,
civic cultural leaders, members of the museum
profession, and others who are professionally
engaged in the arts; and
``(iii) so as collectively to provide an
appropriate distribution of membership among
major art fields and interested citizens
groups.
In making such appointments, the President shall give due
regard to equitable representation of women, minorities, and
individuals with disabilities who are involved in the arts and
shall make such appointments so as to represent equitably all
geographical areas in the United States.
``(2) Transition to the New Council Composition.--
``(A) Notwithstanding paragraph (b)(1)(B), members
first appointed pursuant to such paragraph shall be
appointed not later than December 31, 1997.
Notwithstanding such paragraph, such members shall be
appointed to serve until December 31, 1998.
``(B) Members of the Council serving on the
effective date of this subsection may continue to serve
on the Council until their current terms expire and new
Members shall not be appointed under subsection
(b)(1)(C) until the number of Presidentially appointed
members is less than 14.''.
(f) Section 6(c) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 955(c)) is amended--
(1) by inserting ``appointed under subsection
(b)(1)(C)'' after ``member'' each place it appears, and
(2) in the second sentence by inserting ``appointed
under subsection (b)(1)(C)'' after ``members''.
And the Senate agree to the same.
Amendment numbered 157:
That the House recede from its disagreement to the
amendment of the Senate numbered 157, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended to
read as follows:
Sec. 347. No timber sale in Region 10 shall be advertised
which, when using domestic Alaska western red cedar selling
values and manufacturing costs, fails to provide at least 60
percent of normal profit and risk of the appraised timber,
except at the written request by a prospective bidder. Program
accomplishments shall be based on volume sold. Should Region 10
sell, in fiscal year 1998, the annual average portion of the
decadal allowable sale quantity called for in the current
Tongass Land Management Plan which provides greater than 60
percent of normal profit and risk at the time of the sale
advertisement, all of the western red cedar timber from those
sales which is surplus to the needs of domestic processors in
Alaska, shall be made available to domestic processors in the
contiguous 48 United States at domestic rates. Should Region 10
sell, in fiscal year 1998, less than the annual average portion
of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan meeting the 60 percent of
the normal profit and risk standard at the time of
advertisement, the volume of western red cedar available to
domestic processors at domestic rates in the contiguous 48
states shall be that volume: (i) which is surplus to the needs
of domestic processors in Alaska and (ii) is that percent of
the surplus western red cedar volume determined by calculating
the ratio of the total timber volume which has been sold on the
Tongass to the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land Management
Plan. All additional western red cedar volume not sold to
Alaska or contiguous 48 United States domestic processors may
be exported and sold at export rates at the election of the
timber sale holder. All Alaska yellow cedar may be sold at
export rates at the election of the timber sale holder.
And the Senate agree to the same.
Amendment numbered 158:
That the House recede from its disagreement to the
amendment of the Senate numbered 158, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment insert:
Sec. 348. None of the funds in this Act may be used for
planning, design or construction of improvements to
Pennsylvania Avenue in front of the White House without the
advance approval of the House and Senate Committees on
Appropriations.
And the Senate agree to the same.
Amendment numbered 162:
That the House recede from its disagreement to the
amendment of the Senate numbered 162, and agree to the same
with an amendment, as follows:
In lieu of the matter stricken by said amendment insert:
TITLE IV--ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND
(a) One half of the amounts awarded by the Supreme Court
to the United States in the case of United States of America v.
State of Alaska (117 S.Ct. 1888) shall be deposited in a fund
in the Treasury of the United States to be known as the
``Environmental Improvement and Restoration Fund'' (referred to
in this section as the ``Fund'').
(b) Investments.--
(1) In general.--The Secretary of the Treasury
shall invest amounts in the Fund in interest bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be
acquired--
(A) on original issue at the issue price;
or
(B) by purchase of outstanding obligations
at the market price.
(3) Sale of obligations.--Any obligations acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
(4) Credits to fund.--The interest earned from
investments of the Fund shall be covered into and form
a part of the Fund.
(c) Transfer and Availability of Amounts Earned.--Each
year, interest earned and covered into the Fund in the previous
fiscal year shall be available for appropriation, to the extent
provided in the subsequent appropriations Acts, as follows:
(1) 80 percent of such amounts shall be made
available to be equally divided among the Directors of
the National Park Service, the U.S. Fish and Wildlife
Service, the Bureau of Land Management, and the Chief
of the Forest Service for high priority deferred
maintenance and modernization of facilities that
directly enhance the experience of visitors, including
natural, cultural, recreational, and historic resources
protection projects in National Parks, National
Wildlife Refuges, and the public lands respectively as
provided in subsection (d) and for payment to the State
of Louisiana and its lessees for oil and gas drainage
in the West Delta field. The Secretary shall submit
with the annual budget submission to Congress a list of
high priority maintenance and modernization projects
for Congressional consideration.
(2) 20 percent of such amounts shall be made
available to the Secretary of Commerce for the purpose
of carrying out marine research activities in the North
Pacific in accordance with subsection (e).
(d) Projects.--A project referred to in paragraph (c)(1)
shall be consistent with the laws governing the National Park
System, the National Wildlife Refuge System, the public lands
and Forest Service lands and management plan for such unit.
(e) Marine Research Activities.--(1) Funds available
under subsection (C)(2) shall be used by the Secretary of
Commerce according to this subsection to provide grants to
Federal, State, private or foreign organizations or individuals
to conduct research activities on or relating to the fisheries
or marine ecosystems in the north Pacific Ocean, Bering Sea,
and Arctic Ocean (including any lesser related bodies of
water).
(2) Research priorities and grant requests shall be
reviewed and recommended for Secretarial approval by a board to
be known as the North Pacific Research Board (referred to in
this subsection as the ``Board''). The Board shall seek to
avoid duplicating other research activities, and shall place a
priority on cooperative research efforts designed to address
pressing fishery management or marine ecosystem information
needs.
(3) The Board shall be comprised of the following
representatives or their designees--
(A) the Secretary of Commerce, who shall be a co-
chair of the Board;
(B) the Secretary of State;
(C) the Secretary of the Interior;
(D) the Commandant of the Coast Guard;
(E) the Director of the Office of Naval Research;
(F) the Alaska Commissioner of Fish and Game, who
shall also be a co-chair of the Board;
(G) the Chairman of the North Pacific Fishery
Management Council;
(H) the Chairman of the Arctic Research Commission;
(I) the Director of the Oil Spill Recovery
Institute;
(J) the Director of the Alaska SeaLife Center;
(K) five members nominated by the Governor of
Alaska and appointed by the Secretary of Commerce, one
of whom shall represent fishing interests, one of whom
shall represent Alaska Natives, one of whom shall
represent environmental interests, one of whom shall
represent academia, and one of whom shall represent oil
and gas interests;
(L) three members nominated by the Governor of
Washington and appointed by the Secretary of Commerce;
and
(M) one member nominated by the Governor of Oregon
and appointed by the Secretary of Commerce.
The members of the Board shall be individuals knowledgeable by
education, training, or experience regarding fisheries or
marine ecosystems in the north Pacific Ocean, Bering Sea, or
Arctic Ocean. Three nominations shall be submitted for each
member to be appointed under subparagraphs (K), (L), and (M).
Board members appointed under subparagraphs (K), (L), and (M)
shall serve for three year terms, and may be reappointed.
(4)(A) The Secretary of Commerce shall review and
administer grants recommended by the Board. If the Secretary
does not approve a grant recommended by the board, the
Secretary shall explain in writing the reasons for not
approving such grant, and the amount recommended to be used for
such grant shall be available only for other grants recommended
by the Board.
(B) Grant recommendations and other decisions of the
Board shall be by majority vote, with each member having one
vote. The Board shall establish written criteria for the
submission of grant requests through a competitive process and
for deciding upon the award of grants. Grants shall be
recommended by the Board on the basis of merit in accordance
with the priorities established by the Board. The Secretary
shall provide the Board such administrative and technical
support as is necessary for the effective functioning of the
Board. The Board shall be considered an advisory panel
established under section 302(g) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) for the purposes of section 302(i)(1) of such Act, and
the other procedural matters applicable to advisory panels
under section 302(i) of such Act shall apply to the Board to
the extent practicable. Members of the Board may be reimbursed
for actual expenses incurred in performance of their duties for
the Board. Not more than 5 percent of the funds provided to the
Secretary of Commerce under paragraph (1) may be used to
provide support for the Board and administer grants under this
subsection.
(f) Sunset.--If amounts are not assumed by the concurrent
budget resolution and appropriated from the Fund by December
15, 1998, the Fund shall terminate and the amounts in the Fund
including the accrued interest shall be applied to reduce the
Federal deficit.
And the Senate agree to the same.
Amendment numbered 163:
That the House recede from its disagreement to the
amendment of the Senate numbered 163, and agree to the same
with an amendment, as follows:
In lieu of the matter proposed by said amendment, insert:
TITLE V--PRIORITY LAND ACQUISITIONS, LAND EXCHANGES, AND MAINTENANCE
For priority land acquisitions, land exchange agreements,
other activities consistent with the Land and Water
Conservation Fund Act of 1965, as amended, and critical
maintenance to be conducted by the Bureau of Land Management,
the United States Fish and Wildlife Service, the National Park
Service and the Forest Service, $699,000,000, to be derived
from the Land and Water Conservation Fund notwithstanding any
other provision of law, to remain available until September 30,
2001, of which $167,000,000 is available to the Secretary of
Agriculture and $532,000,000 is available to the Secretary of
the Interior: Provided, That of the funds made available to the
Secretary of Agriculture, not to exceed $65,000,000 may be used
to acquire interests to protect and preserve Yellowstone
National Park, pursuant to the terms and conditions set forth
in sections 502 and 504 of this title, and $12,000,000 may be
used for the rehabilitation and maintenance of the Beartooth
Highway pursuant to section 502 of this title: Provided
further, That of the funds made available to the Secretary of
the Interior, not to exceed $250,000,000 may be used to acquire
interests to protect and preserve the Headwaters Forest,
pursuant to the terms and conditions set forth in sections 501
and 504 of this title, and $10,000,000 may be used for a direct
payment to Humboldt County, California pursuant to section 501
of this title: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture, after consultation
with the heads of the Bureau of Land Management, the United
States Fish and Wildlife Service, the National Park Service and
the Forest Service, shall, in fiscal year 1998 and each of the
succeeding three fiscal years, jointly submit to Congress a
report listing the lands and interests in land that the
Secretaries propose to acquire or exchange and the maintenance
requirements they propose to address using funds provided under
this heading for purposes other than the purposes of sections
501 and 502 of this title: Provided further, That none of the
funds appropriated under this heading for purposes other than
the purposes of sections 501 and 502 of this title shall be
available until the House Committee on Appropriations and the
Senate Committee on Appropriations approve, in writing, a list
of projects to be undertaken with such funds: Provided further,
That monies provided in this title, when combined with monies
provided by other titles in this Act, shall, for the purposes
of section 205(a) of H. Con. Res. 84 (105th Congress), be
considered to provide $700,000,000 in budget authority for
fiscal year 1998 for Federal land acquisitions and to finalize
priority land exchanges.
Sec. 501. Headwaters Forest and Elk River Property
Acquisition.--
(a) Authorization.--Subject to the terms and conditions
of this section, up to $250,000,000 from the Land and Water
Conservation Fund is authorized to be appropriated to acquire
lands referenced in the Agreement of September 28, 1996, which
consist of approximately 4,500 acres commonly referred to as
the ``Headwaters Forest'', approximately 1,125 acres referred
to as the ``Elk Head Forest'', and approximately 9,600 acres
referred to as the ``Elk River Property'', which are located in
Humboldt County, California. This section is the sole
authorization for the acquisition of such property, which is
the subject of the Agreement dated September 28, 1996 between
the United States of America (hereinafter ``United States''),
the State of California, MAXXAM, Inc., and the Pacific Lumber
Company. Of the entire Elk River Property, the United States
and the State of California are to retain approximately 1,845
acres and transfer the remaining approximately 7,755 acres of
Elk River Property to the Pacific Lumber Company. The property
to be acquired and retained by the United States and the State
of California is that property that is the subject of the
Agreement of September 28, 1996 as generally depicted on maps
labeled as sheets 1 through 7 of Township 3 and 4 North, Ranges
1 East and 1 West, of the Humboldt Meridian, California, titled
``Dependent Resurvey and Tract Survey'', as approved by Lance
J. Bishop, Chief Cadastral Surveyor--California, on August 29,
1997. Such maps shall be on file in the Office of the Chief
Cadastral Surveyor, Bureau of Land Management, Sacramento,
California. The Secretary of the Interior is authorized to make
such typographical and other corrections to this description as
are mutually agreed upon by the parties to the Agreement of
September 28, 1996. The land retained by the United States and
the State of California (approximately 7,470 acres) shall
hereafter be the ``Headwaters Forest''. Any funds appropriated
by the Federal government to acquire lands or interests in
lands that enlarge the Headwaters Forest by more than five
acres per each acquisition shall be subject to specific
authorization enacted subsequent to this Act, except that such
funds may be used pursuant to existing authorities to acquire
such lands up to five acres per each acquisition or interests
in lands that may be necessary for roadways to provide access
to the Headwaters Forest.
(b) Effective Period of Authorization.--The authorization
in subsection (a) expires March 1, 1999 and shall become
effective only--
(1) when the State of California provides a
$130,000,000 contribution for the transaction;
(2) when the State of California approves a
Sustained Yield Plan covering Pacific Lumber Company
timber property;
(3) when the Pacific Lumber Company dismisses the
following legal actions as evidenced by instruments in
form and substance satisfactory to each of the parties
to such legal actions: Pacific Lumber Co. v. United
States, No. 96-257L (Fed. Cls.) and Salmon Creek Corp.
v. California Board of Forestry, No. 96-CS-1057 (Cal.
Super. Ct.);
(4) when the incidental take permit under Section
10(a) of the Endangered Species Act (based upon a
multi-species Habitat Conservation Plan covering
Pacific Lumber Company timber property, including
applicable portions of the Elk River Property) is
issued by the United States Fish and Wildlife Service
and the National Marine Fisheries Service;
(5) after an appraisal of all lands and interests
therein to be acquired by the United States has been
undertaken, such appraisal has been reviewed for a
period not to exceed 30 days by the Comptroller General
of the United States, and such appraisal has been
provided to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural
Resources of the Senate, and the Committees on
Appropriations of the House and Senate;
(6) after the Secretary of the Interior issues an
opinion of value to the Committee on Resources of the
House of Representatives, the Committee on Energy and
Natural Resources of the Senate, and the Committees on
Appropriations of the House and Senate for the land and
property to be acquired by the Federal government. Such
opinion of value shall also include the total value of
all compensation (including tax benefits) proposed to
be provided for the acquisition;
(7) after an environmental impact statement for the
proposed Habitat Conservation Plan has been prepared
and completed in accordance with the applicable
provisions of the National Environmental Policy Act of
1969; and
(8) when adequate provision has been made for
public access to the property.
(c) Notwithstanding any other provision of law, the
amount paid by the United States to acquire identified lands
and interests in lands referred to in section 501(a) may differ
from the value contained in the appraisal required by section
501(b)(5) if the Secretary of the Interior certifies, in
writing, to Congress that such action is in the best interest
of the United States.
(d) Habitat Conservation Plan.
(1) Applicable standards.--Within 60 days after the
enactment of this section, the Secretary of the
Interior and the Secretary of Commerce shall report to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of
Representatives on the scientific and legal standards
and criteria for threatened, endangered, and candidate
species under the Endangered Species Act and any other
species used to develop the habitat conservation plan
(hereinafter ``HCP'') and the section 10(a) incidental
take permit for the Pacific Lumber Company land.
(2) Report.--If the Pacific Lumber Company submits
an application for an incidental take permit under
section 10(a) of the Endangered Species Act for the
transaction authorized by subsection (a), and the
permit is not issued, then the U.S. Fish and Wildlife
Service and the National Marine Fisheries Service shall
set forth the substantive rationale or rationales for
why the measures proposed by the applicant for such
permit did not meet the issuance criteria for the
species at issue. Such report shall be submitted to the
Congress within 60 days of the decision not to issue
such permit or by May 1, 1999, whichever is earlier.
(3) HCP standards.--If a section 10(a) permit for
the Pacific Lumber Company HCP is issued, it shall be
deemed to be unique to the circumstances associated
with the acquisition authorized by this section and
shall not establish a higher or lesser standard for any
other multi-species HCPs than would otherwise be
established under existing law.
(e) Payment to Humboldt County.--Within 30 days of the
acquisition of the Headwaters Forest, the Secretary of the
Interior shall provide a $10,000,000 direct payment to Humboldt
County, California.
(f) Payment in Lieu of Taxes.--The Federal portion of the
Headwaters Forest acquired pursuant to this section shall be
entitlement land under section 6905 of title 31 of the United
States Code.
(g) Out-Year Budget Limitations.--The following funding
limitations and parameters shall apply to the Headwaters Forest
acquired under subsection (a)--
(1) At least fifty percent of the total funds for
management of such lands above the annual level of
$100,000 shall (with the exception of law enforcement
activities and emergency activities) be from non-
federal sources.
(2) Subject to appropriations, the authorized
annual federal funding for management of such land is
$300,000 (with the exception of law enforcement
activities and emergency activities).
(3) The Secretary of the Interior or the Headwaters
Forest Management Trust referenced in subsection (h) is
authorized to accept and use donations of funds and
personal property from the State of California, private
individuals, and other non-governmental entities for
the purpose of management of the Headwaters Forest.
(h) Headwaters Forest Management Trust.--The Secretary of
the Interior is authorized, with the written concurrence of the
Governor of the State of California, to establish a Headwaters
Forest Management Trust (``Trust'') for the management of the
Headwaters Forest as follows:
(1) Management authority.--The Secretary of the
Interior is authorized to vest management authority and
responsibility in the Trust composed of a board of five
trustees each appointed for terms of three years. Two
trustees shall be appointed by the Governor of the
State of California. Three trustees shall be appointed
by the President of the United States. The first set of
trustees shall be appointed within 60 days of
exercising the authority under this subsection and the
terms of the trustees shall begin on such day. The
Secretary of the Interior, the Secretary of Resources
of the State of California, and the Chairman of the
Humboldt County Board of Supervisors shall be non-
voting, ex officio members of the board of trustees.
The Secretary is authorized to make grants to the Trust
for the management of the Headwaters Forest from
amounts authorized and appropriated.
(2) Operations.--The Trust shall have the power to
develop and implement the management plan for the
Headwaters Forest.
(i) Management Plan.--
(1) In general--A concise management plan for the
Headwaters Forest shall be developed and periodically
amended as necessary by the Secretary of the Interior
in consultation with the State of California (and in
the case that the authority provided in subsection (h)
is exercised, the trustees shall develop and
periodically amend the management plan), and shall meet
the following requirements:
(A) Management goals for the plan shall be
to conserve and study the land, fish, wildlife,
and forests occurring on such land while
providing public recreation opportunities and
other management needs.
(B) Before a management structure and
management plan are adopted for such land, the
Secretary of the Interior or the board of
trustees, as the case may be, shall submit a
proposal for the structure and plan to the
Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of
the House of Representatives. The proposed
management plan shall not become effective
until the passage of 90 days after its
submission to the Committees.
(C) The Secretary of the Interior or the
board of trustees, as the case may be, shall
report annually to the Committee on Energy and
Natural Resources of the Senate, the Committee
on Resources of the House of Representatives,
and the House and Senate Committees on
Appropriations concerning the management of
lands acquired under the authority of this
section and activities undertaken on such
lands.
(2) Plan.--The management plan shall guide general
management of the Headwaters Forest. Such plan shall
address the following management issues--
(A) scientific research on forests, fish,
wildlife, and other such activities that will
be fostered and permitted on the Headwaters
Forest;
(B) providing recreation opportunities on
the Headwaters Forest;
(C) access to the Headwaters Forest;
(D) construction of minimal necessary
facilities within the Headwaters Forest so as
to maintain the ecological integrity of the
Headwaters Forest;
(E) other management needs; and
(F) an annual budget for the management of
the Headwaters Forest, which shall include a
projected revenue schedule (such as fees for
research and recreation) and projected
expenses.
(3) Compliance.--The National Environmental Policy
Act shall apply to the development and implementation
of the management plan.
(j) Cooperative Management.--
(1) The Secretary of the Interior may enter into
agreements with the State of California for the
cooperative management of any of the following:
Headwaters Forest, Redwood National Park, and proximate
state lands. The purpose of such agreements is to
acquire from and provide to the State of California
goods and services to be used by the Secretary and the
State of California in cooperative management of lands
if the Secretary determines that appropriations for
that purpose are available and an agreement is in the
best interests of the United States; and
(2) an assignment arranged by the Secretary under
section 3372 of title 5, United States Code, of a
Federal or state employee for work in any Federal or
State of California lands, or an extension of such
assignment, may be for any period of time determined by
the Secretary or the State of California, as
appropriate, to be mutually beneficial.
Sec. 502. Protection and Preservation of Yellowstone
National Park--Acquisition of Crown Butte Mining Interests.--
(a) Authorization.--Subject to the terms and conditions
of this section, up to $65,000,000 from the Land and Water
Conservation Fund is authorized to be appropriated to acquire
identified lands and interests in lands referred to in the
Agreement of August 12, 1996 to protect and preserve
Yellowstone National Park.
(b) Conditions of Acquisition Authority.--The Secretary
of Agriculture may not acquire the District Property until:
(1) the parties to the Agreement have entered into
and lodged with the United States District Court for
the District of Montana a consent decree as required
under the Agreement that requires, among other things,
Crown Butte to perform response or restoration actions
(or both) or pay for such actions in accordance with
the Agreement;
(2) an appraisal of the District Property has been
undertaken, such appraisal has been reviewed for a
period not to exceed 30 days by the Comptroller General
of the United States, and such appraisal has been
provided to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural
Resources of the Senate, and the House and Senate
Committees on Appropriations;
(3) after the Secretary of Agriculture issues an
opinion of value to the Committee on Resources of the
House of Representatives, the Committee on Energy and
Natural Resources of the Senate, and the House and
Senate Committees on Appropriations for the land and
property to be acquired by the Federal government; and
(4) the applicable requirements of the National
Environmental Policy Act have been met.
(c) Notwithstanding any other provision of law, the
amount paid by the United States to acquire identified lands
and interests in lands referred to in the Agreement of August
12, 1996 to protect and preserve Yellowstone National Park may
exceed the value contained in the appraisal required by section
502(b)(2) if the Secretary of Agriculture certifies, in
writing, to Congress that such action is in the best interest
of the United States.
(d) Deposit in Account.--Immediately upon receipt of
payments from the United States, Crown Butte shall deposit
$22,500,000 in an interest bearing account in a private,
federally chartered financial institution that, in accordance
with the Agreement, shall be--
(1) acceptable to the Secretary of Agriculture; and
(2) available to carry out response and restoration
actions.
The balance of amounts remaining in such account after
completion of response and restoration actions shall be
available to the Secretary of Agriculture for use in the New
World Mining District for any environmentally beneficial
purpose otherwise authorized by law.
(e) Maintenance and Rehabilitation of Beartooth
Highway.--
(1) Maintenance.--The Secretary of Agriculture
shall, consistent with the funds provided herein, be
responsible for--
(A) snow removal on the Beartooth Highway
from milepost 0 in Yellowstone National Park,
into and through Wyoming, to milepost 43.1 on
the border between Wyoming and Montana; and
(B) pavement preservation, in conformance
with a pavement preservation plan, on the
Beartooth Highway from milepost 8.4 to milepost
24.5.
(2) Rehabilitation.--The Secretary of Agriculture
shall be responsible for conducting rehabilitation and
minor widening of the portion of the Beartooth Highway
in Wyoming that runs from milepost 24.5 to milepost
43.1.
(3) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary of
Agriculture--
(A) for snow removal and pavement
preservation under paragraph (1), $2,000,000;
and
(B) for rehabilitation under paragraph (2),
$10,000,000.
(4) Availability of funds.--Within 30 days of the
acquisition of lands and interests in lands pursuant to
this section, the funds authorized in subsection (e)(3)
and appropriated herein for that purpose shall be made
available to the Secretary of Agriculture.
(f) Response and Restoration Plan.--The Administrator of
the Environmental Protection Agency and the Secretary of
Agriculture shall approve or prepare a plan for response and
restoration activities to be undertaken pursuant to the
Agreement and a quarterly accounting of expenditures made
pursuant to such plan. The plan and accountings shall be
transmitted to the Committee on Resources of the House of
Representatives, the Senate Committee on Energy and Natural
Resources and the House and Senate Committees on
Appropriations.
(g) Map.--The Secretary of Agriculture shall provide to
the Committee on Resources of the House of Representatives, the
Senate Committee on Energy and Natural Resources and the House
and Senate Committees on Appropriations, a map depicting the
acreage to be acquired pursuant to this section.
(h) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the
agreement in principle, concerning the District
Property, entered into on August 12, 1996 by Crown
Butte Mines, Inc., Crown Butte Resources Ltd., Greater
Yellowstone Coalition, Northwest Wyoming Resource
Council, Sierra Club, Gallatin Wildlife Association,
Wyoming Wildlife Federation, Montana Wildlife
Federation, Wyoming Outdoor Council, Beartooth
Alliance, and the United States of America, with such
other changes mutually agreed to by the parties;
(2) Beartooth highway.--The term ``Beartooth
Highway'' means the portion of United States Route 212
that runs from the northeast entrance of Yellowstone
National Park near Silver Gate, Montana, into and
through Wyoming to Red Lodge, Montana.
(3) Crown butte.--The term ``Crown Butte'' means
Crown Butte Mines, Inc. and Crown Butte Resources Ltd.,
acting jointly.
(4) District property.--The term ``District
Property'' means the portion of the real property
interests specifically described as District Property
in appendix B of the Agreement.
(5) New world mining district.--The term ``New
World Mining District'' means the New World Mining
District as specifically described in appendix A of the
Agreement.
Sec. 503. Conveyance to State of Montana.
(a) Conveyance Requirement.--Not later than January 1,
2001, but not prior to 180 days after the enactment of this
Act, the Secretary of the Interior shall convey to the State of
Montana, without consideration, all right, title, and interest
of the United States in and to--
(1) $10,000,000 in federal mineral rights in the
State of Montana agreed to by the Secretary of the
Interior and the Governor of Montana through
negotiations in accordance with paragraph (b); or
(2) all federal mineral rights in the tracts in
Montana depicted as Otter Creek number 1, 2, and 3 on
the map entitled ``Ashland Map''.
(b) Negotiations.--The Secretary of the Interior shall
promptly enter into negotiations with the Governor of Montana
for purposes of paragraph (a)(1) to determine and agree to
mineral rights owned by the United States having a fair market
value of $10,000,000.
(c) Federal Law Not Applicable to Conveyance.--Any
conveyance under paragraph (a) shall not be subject to the
Mineral Leasing Act (30 U.S.C. 181 et seq.).
(d) Availability of Map.--The Secretary of the Interior
shall keep the map referred to in paragraph (a)(2) on file and
available for public inspection in appropriate offices of the
Department of the Interior located in the District of Columbia
and Billings, Montana, until January 1, 2001.
(e) Conveyance Dependent Upon Acquisition.--No conveyance
pursuant to paragraph (a) shall take place unless the
acquisition authorized in section 502(a) is executed.
Sec. 504. The acquisitions authorized by sections 501 and
502 of this title may not occur prior to the earlier of: (1)
180 days after enactment of this Act or (2) enactment of
separate authorizing legislation that modifies section 501,
502, or 503 of this title. Within 120 days of enactment, the
Secretary of the Interior and the Secretary of Agriculture,
respectively, shall submit to the Committee on Resources of the
House of Representatives, the Senate Committee on Energy and
Natural Resources and the House and Senate Committees on
Appropriations, reports detailing the status of efforts to meet
the conditions set forth in this title imposed on the
acquisition of the interests to protect and preserve the
Headwaters Forest and the acquisition of interests to protect
and preserve Yellowstone National Park. For every day beyond
120 days after the enactment of this Act that the appraisals
required in subsections 501(b)(5) and 502(b)(2) are not
provided to the Committee on Resources of the House, the
Committee on Energy and Natural Resources of the Senate and the
House and Senate Committees on Appropriations in accordance
with such subsections, the 180 day period referenced in this
section shall be extended by one day.
Sec. 505. The Land and Water Conservation Fund Act of
1965 (P.L. 88-578; 78 Stat. 897) (16 U.S.C. 460l-4--460l-11) is
amended by moving section 13 (as added by section 1021(b) of
the Omnibus Parks and Public Lands Management Act of 1996; 110
Stat. 4210) so as to appear in title I of that Act following
section 12.
And the Senate agree to the same.
Amendment numbered 164:
That the House recede from its disagreement to the
amendment of the Senate numbered 164, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment, amended to
read as follows:
TITLE VI--FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF
Sec. 601. Short Title.--This Act may be cited as the
``Forest Resources Conservation and Shortage Relief Act of
1997''.
Sec. 602. (a) Use of Unprocessed Timber--Limitation on
Substitution of Unprocessed Federal Timber for Unprocessed
Timber From Private Land.--Section 490 of the Forest Resources
Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620b)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting
``paragraph (3) and'' after ``provided in'';
and
(B) by adding at the end the following:
``(3) Applicability.--In the case of the purchase
by a person of unprocessed timber originating from
Federal lands west of the 119th meridian in the State
of Washington, paragraph 1 shall apply only if--
``(A) the private lands referred to in
paragraph (1) are owned by the person; or
``(B) the person has the exclusive right to
harvest timber from the private lands described
in paragraph (1) during a period of more than 7
years, and may exercise that right at any time
of the person's choosing.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Approval of'';
(B) in paragraph (2)--
(i) in the paragraph heading, by
inserting ``for sourcing areas for
processing facilities located outside
the northwestern private timber open
market area''; after ``Application'';
and
(ii) in subparagraph (A), by
inserting ``(except private land
located in the northwestern private
timber open market area)'' after
``lands'';
(C) in paragraph (3)--
(i) in the paragraph heading, by
inserting ``for sourcing areas for
processing facilities located outside
of the northwestern private timber open
market area.--(A) In general''; after
``approval''; and
(ii) by striking the last sentence
of paragraph (3) and adding at the end
the following:
``(B) For timber manufacturing facilities
located in idaho.--Except as provided in
subparagraph (D), in making a determination
referred to in subparagraph (A), the Secretary
concerned shall consider the private timber
export and the private and Federal timber
sourcing patterns for the applicant's timber
manufacturing facilities, as well as the
private and Federal timber sourcing patterns
for the timber manufacturing facilities of
other persons in the same local vicinity of the
applicant, and the relative similarity of such
private and Federal timber sourcing patterns.
``(C) For timber manufacturing facilities
located in states other than idaho.--Except as
provided in subparagraph (D), in making the
determination referred to in subparagraph (A),
the Secretary concerned shall consider the
private timber export and the Federal timber
sourcing patterns for the applicant's timber
manufacturing facilities, as well as the
Federal timber sourcing patterns for the timber
manufacturing facilities of other persons in
the same local vicinity of the applicant, and
the relative similarity of such Federal timber
sourcing patterns. Private timber sourcing
patterns shall not be a factor in such
determinations in States other than Idaho.
``(D) Area not included.--In deciding
whether to approve or disapprove an
application, the Secretary shall not--
``(i) consider land located in the
northwestern private timber open market
area; or
``(ii) condition approval of the
application on the inclusion of any
such land in the applicant's sourcing
area, such land being includable in the
sourcing area only to the extent
requested by the applicant.'';
(D) in paragraph (4), in the paragraph
heading, by inserting ``for sourcing areas for
processing facilities located outside the
northwestern private timber open market area'';
after ``application'';
(E) in paragraph (5), in the paragraph
heading, by inserting ``for sourcing areas for
processing facilities located outside the
northwestern private timber open market area'';
after ``determinations''; and
(F) by adding at the end the following:
``(6) Sourcing areas for processing facilities
located in the northwestern private timber open market
area--
``(A) Establishment.--In the northwestern
private timber open market area--
``(i) a sourcing area boundary
shall be a circle around the processing
facility of the sourcing area applicant
or holder;
``(ii) the radius of the circle--
``(I) shall be the furthest
distance that the sourcing area
applicant or holder proposes to
haul Federal timber for
processing at the processing
facility; and
``(II) shall be determined
solely by the sourcing area
applicant or holder;
``(iii) a sourcing area shall
become effective on written notice to
the Regional Forester for Region 6 of
the Forest Service of the location of
the boundary of the sourcing area;
``(iv) the 24-month requirement in
paragraph (1)(A) shall not apply;
``(v) a sourcing area holder--
``(I) may adjust the radius
of the sourcing area not more
frequently than once every 24
months; and
``(II) shall provide
written notice to the Regional
Forester for Region 6 of the
adjusted boundary of its
sourcing area before using the
adjusted sourcing area; and
``(vi) a sourcing area holder that
relinquishes a sourcing area may not
reestablish a sourcing area for that
processing facility before the date
that is 24 months after the date on
which the sourcing area was
relinquished.
``(B) Transition.--With respect to a
portion of a sourcing area established before
the date of enactment of this paragraph that
contains Federal timber under contract before
that date and is outside the boundary of a new
sourcing area established under subparagraph
(A)--
``(i) that portion shall continue
to be a sourcing area only until
unprocessed Federal timber from the
portion is no longer in the possession
of the sourcing area holder; and
``(ii) unprocessed timber from
private land in that portion shall be
exportable immediately after
unprocessed timber from Federal land in
the portion is no longer in the
possession of the sourcing area holder.
``(7) Relinquishment and termination of sourcing
areas.--
``(A) In general.--A sourcing area may be
relinquished at any time.
``(B) Effective date.--A relinquishment of
a sourcing area shall be effective as of the
date on which written notice is provided by the
sourcing area holder to the Regional Forester
with jurisdiction over the sourcing area where
the processing facility of the holder is
located.
``(C) Exportability.--
``(i) In general.--On
relinquishment or termination of a
sourcing area, unprocessed timber from
private land within the former boundary
of the relinquished or terminated
sourcing area is exportable immediately
after unprocessed timber from Federal
land from within that area is no longer
in the possession of the former
sourcing area holder.
``(ii) No restriction.--The
exportability of unprocessed timber
from private land located outside of a
sourcing area shall not be restricted
or in any way affected by
relinquishment or termination of a
sourcing area.''; and
(3) by adding at the end the following:
``(d) Domestic Transportation and Processing of Private
Timber.--Nothing in this section restricts or authorizes any
restriction on the domestic transportation or processing of
timber harvested from private land, except that the Secretary
may prohibit processing facilities located in the State of
Idaho that have sourcing areas from processing timber harvested
from private land outside of the boundaries of those sourcing
areas.''.
(b) Restriction on Exports of Unprocessed Timber from
State and Public Land.--Section 491(b)(2) of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620c(b)(2)) is amended--
(1) by striking ``the following'' and all that
follows through ``(A) The Secretary'' and inserting
``the Secretary'';
(2) by striking ``during the period beginning on
June 1, 1993, and ending on December 31, 1995'' and
inserting ``as of the date of enactment of the Forest
Resources Conservation and Shortage Relief Act of
1997''; and
(3) by striking subparagraph (B).
Sec. 603. Monitoring and Enforcement.--Section 492 of the
Forest Resources Conservation and Shortage Relief Act of 1990
(16 U.S.C. 620d) is amended--
(1) in subsection (c)(2), by adding at the end the
following:
``(C) Mitigation of penalties.--
``(i) In general.--The Secretary
concerned--
``(I) in determining the
applicability of any penalty
imposed under this paragraph,
shall take into account all
relevant mitigating factors,
including mistake,
inadvertence, and error; and
``(II) based on any
mitigating factor, may, with
respect to any penalty imposed
under this paragraph--
``(aa) reduce the
penalty;
``(bb) not impose
the penalty; or
``(cc) on condition
of there being no
further violation under
this paragraph for a
prescribed period,
suspend imposition of
the penalty.
``(ii) Contractural remedies.--In
the case of a minor violation of this
title (including a regulation), the
Secretary concerned shall, to the
maximum extent practicable, permit a
contracting officer to redress the
violation in accordance with
theapplicable timber sale contract rather than assess a penalty under
this paragraph.''; and
(2) in subsection (d)(1)--
(A) by striking ``The head'' and inserting
the following:
``(A) In general.--Subject to subparagraph
(B), the head''; and
(B) by adding at the end the following:
``(B) Prerequisites for debarment.--
``(i) In general.--No person may be
debarred from bidding for or entering
into a contract for the purchase of
unprocessed timber from Federal lands
under subparagraph (A) unless the head
of the appropriate Federal department
or agency first finds, on the record
and after an opportunity for a hearing,
that debarment is warranted.
``(ii) Withholding of awards during
debarment proceedings.--The head of an
appropriate Federal department or
agency may withhold an award under this
title of a contract for the purchase of
unprocessed timber from Federal lands
during a debarment proceeding.''.
Sec. 604. Definitions.--Section 493 of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620e) is amended--
(1) by redesignating paragraphs (3) through (8) as
paragraphs (5) through (10), respectively;
(2) by inserting after paragraph (2) the following:
``(3) Minor violation.--The term `minor violation'
means a violation, other than an intentional violation,
involving a single contract, purchase order, processing
facility, or log yard involving a quantity of logs that
is less than 25 logs and has a total value (at the time
of the violation) of less than $10,000.
``(4) Northwestern private timber open market
area.--The term `northwestern private timber open
market area' means the State of Washington.'';
(3) in subparagraph (B)(ix) of paragraph (9) (as
redesignated by paragraph (1))--
(A) by striking ``Pulp logs or cull logs''
and inserting ``Pulp logs, cull logs, and
incidental volumes of grade 3 and 4 sawlogs'';
(B) by inserting ``primary'' before
``purpose''; and
(C) by striking the period at the end and
inserting: ``, or to the extent that a small
quantity of such logs are processed, into other
products at domestic processing facilities.'';
and
(4) by adding at the end the following:
``(11) Violation.--The term `violation' means a
violation of this Act (including a regulation issued to
implement this Act) with regard to a course of action,
including--
``(A) in the case of a violation by the
original purchaser of unprocessed timber, an
act or omission with respect to a single timber
sale; and
``(B) in the case of a violation of a
subsequent purchaser of the timber, an act or
omission with respect to an operation at a
particular processing facility or log yard.''.
Sec. 605. Regulations.--Section 495(a) of the Forest
Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620f(a)) is amended--
(1) by striking ``The Secretaries'' and inserting
the following:
``(1) Agriculture and interior.--The Secretaries'';
(2) by striking ``The Secretary of Commerce'' and
inserting the following:
``(2) Commerce.--The Secretary of Commerce''; and
(3) by striking the last sentence and inserting the
following:
``(3) Deadline.--
``(A) In general.--Except as otherwise
provided in this title, regulations and
guidelines required under this subsection shall
be issued not later than June 1, 1998.
``(B) The regulations and guidelines issued
under this title that were in effect prior to
September 8, 1995 shall remain in effect until
new regulations and guidelines are issued under
subparagraph (A).
``(4) Painting and branding.--
``(A) In general.--The Secretary concerned
shall issue regulations that impose reasonable
painting, branding, or other forms of marking
or tracking requirements on unprocessed timber
if--
``(i) the benefits of the
requirements outweigh the cost of
complying with the requirements; and
``(ii) the Secretary determines
that, without the requirements, it is
likely that the unprocessed timber--
``(I) would be exported in
violation of this title; or
``(II) if the unprocessed
timber originated from Federal
lands, would be substituted for
unprocessed timber originating
from private lands west of the
100th Meridian in the
contiguous 48 States in
violation of this title.
``(B) Minimum size. The Secretary concerned
shall not impose painting, branding, or other
forms of marking or tracking requirements on--
``(i) the face of a log that is
less than 7 inches in diameter; or
``(ii) unprocessed timber that is
less than 8 feet in length or less than
\1/3\ sound wood.
``(C) Waivers.--
``(i) In general.--The Secretary
concerned may waive log painting and
branding requirements--
``(I) for a geographic
area, if the Secretary
determines that the risk of the
unprocessed timber being
exported from the area or used
in substitution is low;
``(II) with respect to
unprocessed timber originating
from private lands located
within an approved sourcing
area for a person who certifies
that the timber will be
processed at a specific
domestic processing facility to
the extent that the processing
does occur; or
``(III) as part of a log
yard agreement that is
consistent with the purposes of
the export and substitution
restrictions imposed under this
title.
``(ii) Review and termination of
waivers.--A waiver granted under clause
(i)--
``(I) shall, to the maximum
extent practicable, be reviewed
once a year; and
``(II) shall remain
effective until terminated by
the Secretary.
``(D) Factors.--In making a determination
under this paragraph, the Secretary concerned
shall consider--
``(i) the risk of unprocessed
timber of that species, grade, and size
being exported or used in substitution;
``(ii) the location of the
unprocessed timber and the effect of
the location on its being exported or
used in substitution;
``(iii) the history of the person
involved with respect to compliance
with log painting and branding
requirements; and
``(iv) any other factor that is
relevant to determining the likelihood
of the unprocessed timber being
exported or used in substitution.
``(5) Reporting.--
``(A) In general.--Subject to subparagraph
(B), the Secretary concerned shall issue
regulations that impose reasonable
documentation and reporting requirements if the
benefits of the requirements outweigh the cost
of complying with the requirements.
``(B) Waivers.--
``(i) In general.--The Secretary
concerned may waive documentation and
reporting requirements for a person
if--
``(I) an audit of the
records of the facility of the
person reveals substantial
compliance with all notice,
reporting, painting, and
branding requirements during
the preceding year; or
``(II) the person
transferring the unprocessed
timber and the person
processing the unprocessed
timber enter into an advance
agreement with the Secretary
concerned regarding the
disposition of the unprocessed
timber by domestic processing.
``(ii) Review and termination of
waivers.--A waiver granted under clause
(i)--
``(I) shall, to the maximum
extent practicable, be reviewed
once a year; and
``(II) shall remain
effective until terminated by
the Secretary.''.
And the Senate agree to the same.
Amendment numbered 165:
That the House recede from its disagreement to the
amendment of the Senate numbered 165, and agree to the same
with an amendment, as follows:
Retain the matter proposed by said amendment amended to
read as follows:
TITLE VII--MICCOSUKEE SETTLEMENT
Sec. 701. Short Title.--This title may be cited as the
``Miccosukee Settlement Act of 1997''.
Sec. 702. Congressional Findings.--Congress finds that:
(1) There is pending before the United States
District Court for the Southern District of Florida a
lawsuit by the Miccosukee Tribe that involves the
taking of certain tribal lands in connection with the
construction of highway Interstate 75 by the Florida
Department of Transportation.
(2) The pendency of the lawsuit referred to in
paragraph (1) clouds title of certain lands used in the
maintenance and operation of the highway and hinders
proper planning for future maintenance and operations.
(3) The Florida Department of Transportation, with
the concurrence of the Board of Trustees of the
Internal Improvements Trust Fund of the State of
Florida, and the Miccosukee Tribe have executed an
agreement for the purpose of resolving the dispute and
settling the lawsuit.
(4) The agreement referred to in paragraph (3)
requires the consent of Congress in connection with
contemplated land transfers.
(5) The Settlement Agreement is in the interest of
the Miccosukee Tribe, as the Tribe will receive certain
monetary payments, new reservation lands to be held in
trust by the United States, and other benefits.
(6) Land received by the United States pursuant to
the Settlement Agreement is in consideration of
Miccosukee Indian Reservation lands lost by the
Miccosukee Tribe by virtue of transfer to the Florida
Department of Transportation under the Settlement
Agreement.
(7) The lands referred to in paragraph (6) as
received by the United States will be held in trust by
the United States for the use and benefit of the
Miccosukee Tribe as Miccosukee Indian Reservation lands
in compensation for the consideration given by the
Tribe in the Settlement Agreement.
(8) Congress shares with the parties to the
Settlement Agreement a desire to resolve the dispute
and settle the lawsuit.
Sec. 703. Definitions.--In this title:
(1) Board of trustees of the internal improvements
trust fund.--The term ``Board of Trustees of the
Internal Improvements Trust Fund'' means the agency of
the State of Florida holding legal title to and
responsible for trust administration of certain lands
of the State of Florida, consisting of the Governor,
Attorney General, Commissioner of Agriculture,
Commissioner of Education, Controller, Secretary of
State, and Treasurer of the State of Florida, who are
Trustees of the Board.
(2) Florida department of transportation.--The term
``Florida Department of Transportation'' means the
executive branch department and agency of the State of
Florida that--
(A) is responsible for the construction and
maintenance of surface vehicle roads, existing
pursuant to section 20.23, Florida Statutes;
and
(B) has the authority to execute the
Settlement Agreement pursuant to section
334.044, Florida Statutes.
(3) Lawsuit.--The term ``lawsuit'' means the action
in the United States District Court for the Southern
District of Florida, entitled Miccosukee Tribe of
Indians of Florida v. State of Florida and Florida
Department of Transportation, et al., docket No. 6285-
Civ-Paine.
(4) Miccosukee lands.--The term ``Miccosukee
lands'' means lands that are--
(A) held in trust by the United States for
the use and benefit of the Miccosukee Tribe as
Miccosukee Indian Reservation lands; and
(B) identified pursuant to the Settlement
Agreement for transfer to the Florida
Department of Transportation.
(5) Miccosukee tribe; tribe.--The terms
``Miccosukee Tribe'' and ``Tribe'' mean the Miccosukee
Tribe of Indians of Florida, a tribe of American
Indians recognized by the United States and organized
under section 16 of the Act of June 18, 1934 (48 Stat.
987, chapter 576; 25 U.S.C. 476) and recognized by the
State of Florida pursuant to chapter 285, Florida
Statutes.
(6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(7) Settlement agreement; agreement.--The terms
``Settlement Agreement'' and ``Agreement'' mean the
assemblage of documents entitled ``Settlement
Agreement'' (with incorporated exhibits) that--
(A) addresses the lawsuit; and
(B)(i) was signed on August 28, 1996, by
Ben G. Watts (Secretary of the Florida
Department of Transportation) and Billy Cypress
(Chairman of the Miccosukee Tribe); and
(ii) after being signed, as described in
clause (i), was concurred in by the Board of
Trustees of the Internal Improvements Trust
Fund of the State of Florida.
(8) State of florida.--The term ``State of
Florida'' means--
(A) all agencies or departments of the
State of Florida, including the Florida
Department of Transportation and the Board of
Trustees of the Internal Improvements Trust
Fund; and
(B) the State of Florida as a governmental
entity.
Sec. 704. Ratification.--The United States approves,
ratifies, and confirms the Settlement Agreement.
Sec. 705. Authority of Secretary.--As Trustee for the
Miccosukee Tribe, the Secretary shall--
(1)(A) aid and assist in the fulfillment of the
Settlement Agreement at all times and in a reasonable
manner; and
(B) to accomplish the fulfillment of the Settlement
Agreement in accordance with subparagraph (A),
cooperate with and assist the Miccosukee Tribe;
(2) upon finding that the Settlement Agreement is
legally sufficient and that the State of Florida has
the necessary authority to fulfill the Agreement--
(A) sign the Settlement Agreement on behalf
of the United States; and
(B) ensure that an individual other than
the Secretary who is a representative of the
Bureau of Indian Affairs also signs the
Settlement Agreement;
(3) upon finding that all necessary conditions
precedent to the transfer of Miccosukee land to the
Florida Department of Transportation as provided in the
Settlement Agreement have been or will be met so that
the Agreement has been or will be fulfilled, but for
the execution of that land transfer and related land
transfers--
(A) transfer ownership of the Miccosukee
land to the Florida Department of
Transportation in accordance with the
Settlement Agreement, including in the transfer
solely and exclusively that Miccosukee land
identified in the Settlement Agreement for
transfer to the Florida Department of
Transportation; and
(B) in conjunction with the land transfer
referred to in subparagraph (A), transfer no
land other than the land referred to in that
subparagraph to the Florida Department of
Transportation; and
(4) upon finding that all necessary conditions
precedent to the transfer of Florida lands from the
State of Florida to the United States have been or will
be met so that the Agreement has been or will be
fulfilled but for the execution of that land transfer
and related land transfers, receive and accept in trust
for the use and benefit of the Miccosukee Tribe
ownership of all land identified in the Settlement
Agreement for transfer to the United States.
Sec. 706. Miccosukee Indian Reservation Lands.--The lands
transferred and held in trust for the Miccosukee Tribe under
section 705(4) shall be Miccosukee Indian Reservation lands.
Sec. 707. Miscellaneous.--(a) Rule of Construction.--
Nothing in this Act or the Settlement Agreement shall--
(1) affect the eligibility of the Miccosukee Tribe
or its members to receive any services or benefits
under any program of the Federal Government; or
(2) diminish the trust responsibility of the United
States to the Miccosukee Tribe and its members.
(b) No Reductions in Payments.--No payment made pursuant
to this Act or the Settlement Agreement shall result in any
reduction or denial of any benefits or services under any
program of the Federal Government to the Miccosukee Tribe or
its members, with respect to which the Tribe or the members of
the Tribe are entitled or eligible because of the status of--
(1) the Miccosukee Tribe as a federally recognized
Indian tribe; or
(2) any member of the Miccosukee Tribe as a member
of the Tribe.
(c) Taxation.--
(1) In general.--
(A) Monies.--None of the monies paid to the
Miccosukee Tribe under this Act or the
Settlement Agreement shall be taxable under
Federal or State law.
(B) Lands.--None of the lands conveyed to
the Miccosukee Tribe under this Act or the
Settlement Agreement shall be taxable under
Federal or State law.
(2) Payments and conveyances not taxable events.--
No payment or conveyance referred to in paragraph (1)
shall be considered to be a taxable event.
And the Senate agree to the same.
Ralph Regula,
Joseph M. McDade,
Jim Kolbe,
Joe Skeen,
Charles H. Taylor,
George R. Nethercutt, Jr.,
Dan Miller,
Zach Wamp,
Bob Livingston,
Sidney R. Yates,
John P. Murtha,
Norm Dicks,
David E. Skaggs,
James P. Moran,
David Obey,
Managers on the Part of the House.
Slade Gorton,
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Conrad Burns,
Robert F. Bennett,
Judd Gregg,
Ben Nighthorse Campbell,
Robert Byrd,
Patrick Leahy,
Dale Bumpers,
Ernest Hollings,
Harry Reid,
Byron Dorgan,
Barbara Boxer,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendments of the Senate to the bill (H.R. 2107), making
appropriations for the Department of the Interior and Related
Agencies for the fiscal year ending September 30, 1998, and for
other purposes, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report.
The conference agreement on H.R. 2107 incorporates some
of the provisions of both the House and the Senate versions of
the bill. Report language and allocations set forth in either
House Report 105-163 or Senate Report 105-56 which are not
changed by the conference are approved by the committee of
conference. The statement of the managers, while repeating some
report language for emphasis, does not negate the language
referenced above unless expressly provided herein.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
Amendment No. 1: Appropriates $583,270,000 for management
of lands and resources instead of $581,591,000 as proposed by
the House and $578,851,000 as proposed by the Senate. Changes
to the amount proposed by the House include increases of
$100,000 for the Alaska Gold Rush Centennial task force,
$500,000 for the joint Department of Defense land cover mapping
project in Alaska, $200,000 for threatened and endangered
species for the Virgin River Basin recovery plan, $500,000 for
recreation resources management, $2,100,000 for the National
Petroleum Reserve--Alaska, $700,000 for the Alaska resources
library and information services, $2,334,000 for Alaska
conveyance and $1,000,000 for ALMRS. Decreases to the amount
proposed by the House include $1,000,000 for prescribed fire,
$2,774,000 for wild horse and burro management, $250,000 for
wildlife management, $500,000 for a recreation fees scoring
adjustment, $231,000 for wilderness management, and $1,000,000
for law enforcement. The managers concur with the Senate's
proposed distribution of funds in the Mining Law Administration
category.
Within the increased funds provided for recreation
resource management, $200,000 is provided for the Lewis and
Clark Trail, $100,000 is provided for the Iditarod National
Historic Trail, $100,000 is provided for the De Anza,
California, Mormon Pioneer, Nez Perce, Oregon, and Pony Express
National Historic Trails, and the Pacific Crest and Continental
Divide National Scenic Trails, and $100,000 is provided as a
general increase.
The managers have reduced the Bureau's oil and gas
management program by a net $450,000, consistent with the
Administration's requested program decrease. This decrease is
made up of a $50,000 increase for Grand Staircase activities
and a $500,000 decrease related to efficiencies in lease
processing in Alaska, Arizona, and Idaho. In agreeing to the
requested budget reduction, the managers direct the Bureau not
to delay the processing of any lease application in these
States in 1998. The managers expect the Bureau to request
funding sufficient to meet the Bureau's responsibilities for
oil and gas management activities on Federal lands in each of
these States as warranted.
After reviewing the Department's soda ash royalty study,
the managers are concerned that the Department was unresponsive
to the question relating to the appropriate method of setting
Federal royalty rates when the only comparable rates are the
product of a monopoly. The managers will watch carefully how
the Department deals with these issues in the future.
The managers support efforts of the land management
agencies to consolidate activities and facilities at the field
level as a means of achieving savings and providing improved
services to the public. The managers support the joint BLM-
Forest Service trading post pilot program, which allows the
Secretaries of the Interior and Agriculture to make reciprocal
delegations of authorities, duties and responsibilities to
promote customer service and efficiency, with the understanding
that nothing will change the applicability of any public law or
regulation to lands administered by the BLM or the Forest
Service.
The managers seek additional information on BLM's
activities dealing with the acquisition of water rights. By
November 30, 1998, the Bureau shall provide a report detailing
its short and long-term plans for acquiring non-reserved water
rights and any actions dealing with Federal reserved rights.
The managers encourage the Bureau to cooperate fully with
the Umpqua River Basin land exchange project group as
authorized in section 1028 of Public Law 104-333.
Amendment No. 2: Earmarks $27,650,000 for mining law
administration program operations as proposed by the Senate
instead of $27,300,000 as proposed by the House.
Amendment No. 3: Restates the final appropriation amount
for management of lands and resources as $583,270,000.
Wildland Fire Management
Amendment No. 4: Appropriates $280,103,000 for wildland
fire management as proposed by the House instead of
$282,728,000 as proposed by the Senate.
Within the funds provided for preparedness, $700,000 is
to fund the startup and first year of operating costs for a
type I hotshot crew in Alaska to be managed by the Alaska Fire
Service as an intertribal, interagency hotshot crew; and
$1,925,000 is provided for redevelopment of the obsolete
interagency fire operations center in Billings, MT.
Amendment No. 5: Earmarks $6,950,000 for renovation or
construction of fire facilities as proposed by the Senate
instead of $5,025,000 as proposed by the House.
Central Hazardous Materials Fund
Amendment No. 6: Appropriates $12,000,000 for the central
hazardous materials fund as proposed by the House instead of
$14,900,000 as proposed by the Senate.
Construction
Amendment No. 7: Appropriates $3,254,000 for construction
as proposed by the House instead of $3,154,000 as proposed by
the Senate.
Payments in Lieu of Taxes
Amendment No. 8: Appropriates $120,000,000 for payments
in lieu of taxes instead of $113,500,000 as proposed by the
House and $124,000,000 as proposed by the Senate.
Land Acquisition
Amendment No. 9: Appropriates $11,200,000 for land
acquisition instead of $12,000,000 as proposed by the House and
$8,600,000 as proposed by the Senate. The managers agree to the
following distribution of funds:
Project Amount
Arizona Wilderness, AZ.................................. $700,000
Blanca Wildlife Habitat, CO............................. 550,000
Bodie Bowl, CA.......................................... 1,000,000
Lake Fork of the Gunnison, CO........................... 900,000
Otay Mountains, CA...................................... 1,000,000
Santa Rosa Mountains, CA................................ 1,000,000
West Eugene Wetlands, OR................................ 300,000
Western Riverside County, CA............................ 1,000,000
Washington County Desert Tortoise, UT................... 1,000,000
Emergencies/hardships/inholdings........................ 750,000
Acquisition management.................................. 3,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 11,200,000
Forest Ecosystems Health and Recovery
(Revolving Fund, Special Account)
Amendment No. 10: Inserts language proposed by the Senate
expanding BLM's flexibility to complete forest ecosystem health
projects. The House had no similar provision.
United States Fish and Wildlife Service
Resource Management
Amendment No. 11: Appropriates $594,842,000 for resource
management instead of $591,042,000 as proposed by the House and
$585,064,000 as proposed by the Senate. Increases to the amount
proposed by the House include $800,000 in candidate
conservation, of which $400,000 is for the Alabama sturgeon and
$400,000 is for the Preble's Meadow Jumping Mouse; $300,000 in
consultation as a general increase; $300,000 in recovery for a
wolf reintroduction study on the Olympic Peninsula; $1,000,000
in habitat conservation of which $50,000 is for the Middle Rio
Grande/Bosque program, $50,000 is for Platte River studies,
$100,000 is to establish a Cedar City ecological services
office, $750,000 is for Washington salmon enhancement and
$50,000 is for the Vermont partners program; $1,000,000 for
Salton Sea recovery planning and for bioremediation efforts in
the New River in cooperation with the U.S. Geological Survey,
contingent on matching funds from the State of California;
$250,000 in migratory bird management for the North American
waterfowl management plan; $500,000 in hatchery operations and
maintenance for endangered species recovery, including
operation of the Mora hatchery in New Mexico; $750,000 in fish
and wildlife management of which $100,000 is for Yukon River
escapement monitoring and research, $300,000 is for Atlantic
salmon conservation, $50,000 is for the regional park
processing center and $300,000 is for whirling disease
research; $200,000 in international affairs for the Caddo Lake
Institute scholars program; and $1,000,000 for the National
Conservation Training Center. Decreases to the House proposed
level include $300,000 in consultation for the Olympic
Peninsula wolf recovery program (funded under the recovery
program); $500,000 in habitat conservation, of which $250,000
is for assistance to private landowners and $250,000 is for the
coastal program in Texas; $1,000,000 in refuge operations and
maintenance; and $500,000 in fish and wildlife management for
habitat restoration.
The managers agree to the following:
1. Within the consultation program, $560,000 should be
used for the Iron County habitat conservation plan, contingent
on matching non-Federal funding.
2. The increase for law enforcement should be used, in
part, to improve the Service's ability to prevent illegal bear
poaching and the smuggling of bear viscera, but is not limited
to that activity.
3. The Chicago Wetlands Office should be funded at the
same level as in fiscal year 1997.
4. In allocating resources for refuge operations and
maintenance, the Service should seek to balance competing
refuge uses consistent with the National Wildlife Refuge
Systems Improvement Act of 1997.
5. There is no earmark within available funds for the
Washington State regional fisheries enhancement group
initiative. The $750,000 in the habitat conservation program
for Washington salmon enhancement efforts addresses that
initiative. These funds should be transferred, in the form of a
block grant, to the Washington Department of Fish and Wildlife
to support the volunteer efforts of the Regional Fisheries
Enhancement Group program.
6. Within habitat conservation, $23,839,000 is for
project planning.
7. With respect to the double-crested cormorant
depredation order, the managers understand that the comment
period on the proposed rule has closed and the Service
anticipates issuing the final rule in 45-60 days. The managers
make no assumptions about the content of that rule.
8. The House takes no position on the issue of
overgrazing of bighorn sheep on the confederated Salish and
Kootenai reservations.
9. With respect to tribal management takeover of the
Moise Bison Range, the Service should continue to work with the
Salish and Kootenai tribes on appropriate functions for
compacting by the tribes.
10. With respect to hunting season extensions and the
impact on waterfowl, the Service should examine existing data
and consult with the States and with the International
Association of Fish and Wildlife Agencies to determine what
changes should be made to the existing methodology. The Service
should report the results of this effort to the Committees,
including a discussion of the pros and cons of alternatives to
the current procedures.
11. In preparing its report on agriculture depredations
caused by dusky Canada geese, the Service should consider other
areas, in addition to the Pacific Northwest, where this is
known to be a problem.
12. Of the funds provided for whirling disease research,
$700,000 should be used for work with the National Partnership
on the Management of Wild and Native Cold Water Fisheries. The
Service is encouraged to use other funds available for fish
health to continue and expand the National Wild Fish Health
Survey.
13. With respect to the Pacific Northwest forest plan,
unallocated program increases provided by the conference
agreement should be applied to forest plan activities in
proportion to the increases for forest plan activities included
in the budget request for that program.
14. The Salton Sea recovery plan should be developed by
the Service in coordination with the State of California, the
U.S. Geological Survey, the Bureau of Reclamation and the
Environmental Protection Agency. The plan should be submitted
to the Committees and should address the appropriate division
of responsibilities and funding among all involved agencies.
15. Future increases in the Service's budget for the
Salton Sea should be considered in the context of the Service's
National priorities. The Service should continue to work with
the State of California to ensure that the State remains an
active participant in the conduct and funding of recovery
efforts.
16. The managers encourage the U.S. Fish and Wildlife
Service to include the Arid Lands Ecology Reserve in the Earth
Stewards Program, and to provide the necessary resources to
support the efforts of the Department of Energy and other
public and private sector organizations in order to accelerate
the formation of the Partnership for Arid Lands Stewardship
(PALS).
The managers are aware of recently identified, near-term
needs in the Atchafalaya Basin region of Louisiana, including
personnel needs for the Southeast Louisiana refuge system and
wildlife management shortfalls in and around the Atchafalaya
Basin and at the Mandalay NWR, LA. To the extent practicable,
the Service should address these needs within the increase
provided for refuge operations and maintenance in fiscal year
1998. The managers expect the Service, in consultation with
State and local entities, including landowners, to study
habitat protection needs in the entire Atchafalaya Basin region
and to report to the Committees on the results of those
consultations prior to submission of the fiscal year 1999
budget.
The managers understand that the translocation of a
portion of the Adak caribou herd onto privately owned islands
in Alaska may provide long term relief for subsistence users in
the Alaska Peninsula region. Since the filing of the Senate
report, it has come to the managers' attention that at least
two such islands have historically sustained indigenous caribou
herds and therefore a suitable habitat study is not necessary.
The managers encourage the Service to enter into discussions
with subsistence users of the Alaska Peninsula region to
explore a potential partnership arrangement to establish new
caribou herds on Deere and Unga Islands to provide meat sources
for Native people.
Amendment No. 12: Restores language proposed by the House
and stricken by the Senate which earmarks an amount not to
exceed $5,190,000 for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973, as
amended, and inserts language proposed by the Senate making a
technical correction to the existing statutory fee authority
for the National Conservation Training Center. The House had no
similar provision on the National Conservation Training Center.
As requested by the Department of the Interior the
managers reluctantly have agreed to limit statutorily the funds
for the endangered species listing program. The managers
continue to believe that a long term solution to the problems
in the ESA program should be dealt with through the
reauthorization process, and regret that another year has
passed without substantial progress by the Administration.
Amendment No. 13: Deletes language proposed by the Senate
prohibiting overhead charges by the Service on funds
transferred from the Bureau of Reclamation for the Upper
Colorado River recovery program. The House had no similar
provision.
The managers expect the Service to keep any necessary
administrative charges to an absolute minimum, and to provide a
report to the Committees thatjustifies any overhead charges on
funds transferred to the Upper Colorado River recovery program.
construction
Amendment No. 14: Appropriates $45,006,000 for
construction instead of $40,256,000 as proposed by the House
and $42,053,000 as proposed by the Senate. The managers agree
to the following distribution of funds:
Project Amount
Audubon Institute, LA................................... $2,000,000
Baker Island NWR, HI (assessment/site investigation).... 250,000
Blackwater NWR, MD (administrative building)............ 335,000
Bozeman FTC, MT (laboratory building planning and
design)............................................. 606,000
Crab Orchard NWR, IL (rehabilitate sewage treatment
facilities)......................................... 1,659,000
Craig Brook NFH, ME (station rehabilitation/final phase) 3,500,000
Creston NFH, MT (Jessup Mill Pond Dam).................. 1,500,000
Great Swamp NWR, NJ (disposal assessment/site
investigation)...................................... 250,000
Horicon NWR, WI (replace boardwalk)..................... 425,000
John Hay Estate, NH (rehabilitation).................... 1,000,000
Keauhou Bird Conservation Center, HI (complete
construction)....................................... 1,000,000
Kodiak NWR, AK (Camp Island renovations)................ 150,000
Merced NWR, CA (water distribution)..................... 2,548,000
National Elk Refuge, WY (irrigation system)............. 400,000
Orangeburg NFH, SC (rehabilitate drainage canal)........ 833,000
Patuxent NWR, MD (Cash Lake Dam)........................ 2,515,000
Region 2 (hazardous materials/solid waste cleanup)...... 445,000
Santa Ana NWR, TX (road rehabilitation)................. 1,208,000
Shiawassee NWR, MI (bridge rehabilitation).............. 520,000
Southeast LA refuges, LA (health & safety).............. 500,000
Southwest FTC, NM (Mora hatchery)....................... 2,000,000
St. Marks NWR, FL (replace 6 bridges)................... 469,000
St. Vincent NWR, FL (Outlet Creek bridge)............... 186,000
Steigerwald NWR, WA (trail construction and access)..... 840,000
Tennessee NWR, TN (road)................................ 2,500,000
Tennessee NWR, TN (2 bridges)........................... 139,000
Togiak NWR, AK (residence).............................. 335,000
Turnbull NWR, WA (building)............................. 843,000
Upper Miss. NW&FR, IL (headquarters construction)....... 510,000
WB Jones Partnership, NC (headquarters design and
construction)....................................... 1,900,000
Wichita Mountains WR, OK (road rehabilitation).......... 1,840,000
Wichita Mountains WR, OK (Grama Lake & Comanche Dams)... 4,800,000
Woodbridge NWR, VA (rehabilitation)..................... 100,000
Bridge safety inspection................................ 495,000
Dam safety inspection................................... 495,000
Construction management................................. 5,910,000
--------------------------------------------------------
____________________________________________________
Total............................................. 45,006,000
The managers agree to the following:
1. $850,000 in unobligated balances from completed
projects should be used for the design, manufacture and
installation of educational displays and furnishings for the
Environmental Education Center at the Silvio O. Conte NWR, MA.
The Service should notify the Committees of the proposed
offsets before proceeding with the reprogramming of funds.
2. Funding provided herein represents the completion of
the Federal commitment for the Audubon Institute, LA and the
Walter B. Jones Partnership for the Sounds, NC projects.
3. No funds are provided for Bear River NWR, UT with the
understanding that there is currently a large unobligated
balance of funds provided in previous fiscal years that will
enable dike work to continue in fiscal year 1998.
4. The Committees will consider a reprogramming of funds
for planning and design of the National Black Footed Ferret
Conservation Center once the Service has determined a site for
the Center.
5. Prior to proceeding with the Togiak NWR, AK housing
project, the Service should certify that there is insufficient
rental housing in the Dillingham area that meets Service
requirements and is suitable for refuge personnel.
natural resource damage assessment fund
Amendment No. 15: Appropriates $4,228,000 for the natural
resource damage assessment fund instead of $4,128,000 as
proposed by the House and $4,328,000 as proposed by the Senate.
The managers agree that changes to the management
structure for the natural resource damage assessment program in
fiscal year 1998 should be made consistent with the level of
funding provided. The Committees will consider any more
ambitious restructuring in the context of Service-wide
priorities in the fiscal year 1999 budget.
Amendment No. 16: Amends fiscal year 1994 appropriations
language to permit transfers of funds to Federal trustees and
payments to non-Federal trustees 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, as proposed by the Senate. The House
had no similar provision.
land acquisition
Amendment No. 17: Appropriates $62,632,000 for land
acquisition instead of $53,000,000 as proposed by the House and
$57,292,000 as proposed by the Senate. The managers agree to
the following distribution of funds:
Project Amount
Archie Carr NWR, FL..................................... $2,000,000
Attwater Prairie Chicken NWR, TX........................ 1,000,000
Back Bay NWR, VA........................................ 2,000,000
Balcones Canyonlands NWR, TX............................ 700,000
Big Muddy NFWR, MO...................................... 1,000,000
Bon Secour NWR (Izard tract), AL........................ 3,000,000
Canaan Valley NWR, WV................................... 3,000,000
Cape May NWR, NJ........................................ 3,000,000
Clarks River NWR, KY.................................... 2,000,000
Crocodile Lake NWR, FL.................................. 400,000
Cypress Creek NWR, IL................................... 750,000
Don Edwards NWR (Bair Island), CA....................... 2,000,000
Edwin B. Forsythe NWR (including the Zell tract), NJ.... 2,000,000
Great Swamp NWR, NJ..................................... 750,000
Julia B. Hansen NWR, WA................................. 300,000
Kodiak NWR, AK.......................................... 600,000
Lower Rio Grande Valley NWR, TX......................... 900,000
Mashpee NWR (including the Bufflehead Bay tract), MA.... 332,000
Minnesota Valley NWR (Kelly tract), MN.................. 2,300,000
Nisqually NWR (Black River unit), WA.................... 1,500,000
Ohio River Islands NWR, PA-WV-OH-KY..................... 500,000
Ottawa NWR, OH.......................................... 1,000,000
Patoka River NWR, IN.................................... 500,000
Petit Manan NWR, ME..................................... 1,000,000
Rachel Carson NWR, ME................................... 1,100,000
Rappahannock River Valley NWR, VA....................... 2,000,000
Rhode Island complex, RI................................ 500,000
San Diego NWR, CA....................................... 3,000,000
Silvio O. Conte NWR (including Pondicherry), CT-MA-NH-VT 1,000,000
Southeast Louisiana refuges, LA......................... 2,500,000
Stewart B. McKinney NWR, (Great Meadows Salt Marsh), CT. 1,100,000
Stillwater NWR, NV...................................... 1,000,000
Waccamaw NWR, SC........................................ 2,000,000
Wallkill River NWR (including Papakeeting Creek), NJ.... 1,000,000
Wertheim NWR (including Southaven), NY.................. 2,290,000
Western Montana project, MT............................. 1,000,000
Acquisition management.................................. 8,860,000
Emergency/hardships..................................... 1,000,000
Exchanges............................................... 1,000,000
Inholdings.............................................. 750,000
--------------------------------------------------------
____________________________________________________
Total............................................. 62,632,000
The managers note that the Service is preparing a draft
environmental assessment on the feasibility of establishing a
National wildlife refuge in the Kankakee area of Indiana and
Illinois. That draft should be completed and distributed for
comment later this fall and final NEPA documentation will not
be completed until next year. The managers understand that any
land acquisition for such a refuge will not proceed without
Congressional approval through the appropriations process.
Within 90 days, the Fish and Wildlife Service shall
report to the Appropriations Committees if there is a willing
seller of the Bolsa Chica Mesa in Huntington Beach, CA, the
cost of an appraisal of the mesa, the estimated cost of
acquisition, and opportunities for public-private partnerships.
The managers understand that the estimated total cost of
the Bair Island acquisition at Don Edwards NWR in California is
$15,000,000. The managers are aware that the Peninsula Open
Space Trust has committed to raising $5,000,000 towards this
total purchase price and the managers encourage the State to
give a contribution of up to $2,500,000.
The managers have not provided funds for acquisition of
the Shadmoor property at Amagansett NWR due to the large
disparity between the appraised value and the current sale
price, and the lack of matching funds. The managers remain
interested in the Shadmoor acquisition, however, and will
considerallocating funds appropriated in this or subsequent
appropriations bills should these issues be satisfactorily resolved.
national wildlife refuge fund
Amendment No. 18: Appropriates $10,779,000 for the
National wildlife refuge funds as proposed by the Senate
instead of $10,000,000 as proposed by the House.
north american wetlands conservation fund
Amendment No. 19: Appropriates $11,700,000 for the North
American wetlands conservation fund instead of $10,500,000 as
proposed by the House and $13,000,000 as proposed by the
Senate. The managers expect that $500,000 of the funds provided
will be used for the small grant program initiated in fiscal
year 1996, and that the amount used for management and
administration will be consistent with the authorized level.
National Park Service
operation of the national park system
Amendment No. 20: Appropriates $1,593,000 for the
Volunteers-in-Parks program as proposed by the Senate instead
of $2,500,000 as proposed by the House.
Amendment No. 21: Appropriates $1,233,664,000 instead of
$1,232,325,000 as proposed by the House and $1,250,429,000 as
proposed by the Senate. The conference agreement provides
$221,112,000 for resource stewardship, which includes an
increase to the amount proposed by the House of $100,000 for
the Northwest ecosystem office and decreases to the House
proposed level of $300,000 for air quality, $500,000 for
abandoned mines, $3,000 for desert mining, and $596,000 for
special need parks.
The amount provided for special need parks includes an
increase of $920,000 over the amount provided by the House for
Gettysburg NMP and a decrease of $1,516,000 which is shifted to
other activities consistent with the Senate distribution. The
managers intend that the entire $580,000 provided for desert
mining be spent at the Mojave National Preserve to hire mineral
examiners to begin to clear the existing backlog.
The conference agreement provides $291,080,000 for
visitor services. The decrease below the House amount is
$769,000 for special need parks.
The conference agreement provides $383,588,000 for
maintenance. Increases to the House amount include $2,028,000
for special need parks and $250,000 for ongoing structure
stabilization at Dry Tortugas NP. The managers expect this
program to be included in the base in future budget
submissions. The managers are concerned that these funds be
used directly for ongoing masonry work at the park, and not be
used to hire additional supervisory personnel.
The conference agreement provides $240,341,000 for park
support. Increases to the House amount include $257,000 for
special need parks, $300,000 for wild and scenic rivers,
$422,000 for social science programs and $350,000 for the
National trails system. Within the increase provided for
National trails, $50,000 is for the Lewis and Clark Trail
office, $200,000 is provided for technical assistance to the
Lewis and Clark Trail, $50,000 is for the California and Pony
Express Trails and $50,000 is for the North Country Trail. The
managers continue to support the $600,000 earmark for the NPS
challenge cost share program for the National trails system.
The conference agreement provides $97,543,000 for
external administrative costs. This amount includes an increase
above the House level of $700,000 for IDEAS and a decrease of
$900,000 for FTS 2000.
The managers find the recent reports of excessive
construction costs incurred by the National Park Service, and
specifically the Denver Service Center, totally unacceptable.
The managers continue to be concerned about the condition
of employee housing in the National parks and have provided
over $150 million since 1989 to address the problem. However,
there have been several General Accounting Office reports in
recent years and a March 1996 Inspector General report that
raise serious concerns about the high cost of housing that the
Service has built in recent years, particularly at Grand Canyon
and Yosemite National Parks. The managers do not believe that
constructing houses at three times the cost of comparable
privately built homes can be justified under any circumstances.
The lack of oversight and accountability, not only in the
design and construction of NPS facilities, but also in
tempering the mix of desired features sought at the park level,
is of great concern. The managers are particularly concerned
about the decision making processes leading to the construction
of the housing, the lack of effective constraints on the scope
and cost of housing as well as other projects, and the role of
the Denver Service Center (DSC) in design and oversight. There
currently are no incentives at the Denver Service Center or at
the individual park level to reducethese costs and save money.
The managers are concerned that the current structure of the
construction program lacks sufficient justification and explanation of
the basis for overhead costs for DSC charged to NPS construction
projects. The Park Service should give serious consideration to base
funding for the Center as opposed to funding Center operations from
individual construction projects. The managers are also concerned that
current methods used to monitor construction projects report only on
cost-overruns, and that any cost efficiencies or savings are rarely
reported to the Committees on Appropriations.
The managers have previously raised concerns about the
Park Service's management of its employee housing program. The
managers appreciate the need for federally provided employee
housing where it is critical to the mission of the specific
park. However, in 1993, it became apparent that housing was
being provided in parks where it was not mission critical. Yet
four years later, there appears to have been little change. In
fact, the housing inventory has increased. While the managers
realize that the Park Service is presently implementing the
1996 Omnibus Parks Act which requires a park-by-park
assessment, the managers understand that it will take five
years to complete, nine years from the time the programs were
first identified. This timeframe is not acceptable.
The Secretary is directed to appoint a review committee,
a majority of whose members shall come from outside the
National Park Service, to review the construction practices of
the Service, with primary emphasis on the role of the Denver
Service Center. The report of the review committee, together
with recommendations of the Secretary, shall be submitted to
the Committees no later than April 15, 1998.
In addition, the managers direct the National Park
Service to take the following actions:
1. Working with independent consultants familiar with
design and construction business operations, the National Park
Service is to develop design and construction guidelines for
all buildings and structures in the Service including employee
dwellings, visitor use structures, and administrative and
maintenance support facilities. The guidelines should consider
comparable facilities in use by the private sector, other
Federal land management agencies, and State and local
governments. The consultants should identify methods and
procedures for the Denver Service Center to reduce design
costs, and should consider different ways of procuring contract
services and supervising construction, including increased
responsibility for supervision and oversight by the park unit
and not Denver employees. Internal control procedures must be
put in place to ensure that the design guidelines are met once
they are adopted by the Service. The guidelines and procedures
are to be in place and a full report made to the House and
Senate Committees on Appropriations by April 1, 1998.
2. All future line-item construction requests for new and
significantly rehabilitated structures shall conform to these
guidelines. Should the Park Service want to vary from these
guidelines, the individual projects shall be submitted to the
House and Senate Appropriations Committees for approval.
3. The Park Service also should propose a two-year action
plan for reducing its housing inventory. This plan should be
provided to the Committees by April 1, 1998, and should include
specific inventory reductions based on an amount agreed to by
the agency and the Committees. In addition, the managers want
to know how the agency intends to hold its managers accountable
for achieving these inventory reduction commitments.
4. The managers expect that no request for funds for
constructing additional employee housing will be considered
until these directives are fully implemented.
The managers have included a general provision in Title
III regarding the appointment and compensation of officers of
the Presidio Trust.
The Presidio Trust is authorized to exercise loan
guarantee authority in accordance with the provisions set forth
in Public Law 104-333. Pursuant to Public Law 104-333, funds
appropriated to the National Park Service for operations at the
Presidio in San Francisco are to be transferred to the Presidio
Trust. The managers do not object to the use of a portion of
the funds transferred to provide the necessary loan subsidy for
the authorized loan guarantee program.
The managers are concerned that the environmental cleanup
proposed by the Department of the Army for the Presidio will
not meet the ecological, health and safety criteria appropriate
for a National park. As the only base closure to revert to
National park use, the managers emphasize the importance of
meeting the cleanup levels set by the National Park Service.
In addition to this concern, the managers also express
their strong interest in ensuring the timely remediation of the
Presidio because of the requirements placed on the Presidio
Trust to achieve self sufficiency by a time certain.Without a
thorough and timely cleanup of the Presidio, the Trust will experience
difficulty in securing the leases necessary to generate revenues to
ensure its success.
Substantial philanthropic pledges have been made toward
restoration of the Crissy Field area of the Presidio. Any delay
in the remediation of this site could jeopardize private funds
for the project.
The managers are concerned that the Army's current plans
for environmental remediation at the Presidio will present a
serious impediment for high public use of the Presidio and
protection of its ecological values, and for the Presidio Trust
to achieve self sufficiency.
The managers are concerned about the unsafe conditions at
the intersection of Virginia State Routes 29 and 234 in the
Manassas National Battlefield Park, Prince William County,
Virginia, and encourage the National Park Service, consistent
with applicable laws pertaining to the management of the park,
to cooperate with the Virginia Department of Transportation and
Federal Highway Administration officials as safety improvements
to the intersection are considered.
national recreation and preservation
Amendment No. 22: Appropriates $44,259,000 for National
recreation and preservation instead of $43,934,000 as proposed
by the House and $45,284,000 as proposed by the Senate and
expands the authority for grants to heritage areas to include
sec. 606 of title VI, division I of Public Law 104-333.
The conference agreement provides $8,984,000 for natural
programs. This is the same level as proposed by the House. The
managers have included $250,000 to continue the Lake Champlain
program and $150,000 for ongoing support to the Connecticut
River Conservation partnership.
The managers included an additional $200,000 in the river
and trails technical assistance program's budget for fiscal
year 1997 specifically for the Chesapeake Bay program office in
Maryland. These funds were to be used to help local communities
and local heritage park partnerships implement their heritage
watershed protection plans. Although the managers expect
$200,000 to be used for this purpose in each of fiscal years
1997 and 1998, there has been concern over the extremely slow
obligation of these funds to the local communities in fiscal
year 1997. The managers expect the Park Service to consider
this project a high priority and ensure that the funds for both
fiscal years 1997 and 1998 are provided to the local
communities in an expeditious manner. A report on the status of
these funds is to be provided to the House and Senate
Appropriations Committees no later than April 15, 1998.
The conference agreement provides $18,899,000 for
cultural programs, the same level as the House. This amount
includes an increase of $200,000 above the House level for the
Native American graves protection program and a reduction of
$200,000 below the House level for National Register programs.
The conference agreement provides $6,797,000 for
Statutory or Contractual Aid. Changes to the House level
include increases of $100,000 for the Aleutian World War II
National Historic Area, $325,000 for the Delaware and Lehigh
Navigation Canal, $65,000 for the Lower Mississippi Delta,
$285,000 for the Vancouver National Historic Reserve, and
$300,000 for the Wheeling National Heritage Area; and a
decrease of $750,000 for the Alaska Native Cultural Center.
With respect to heritage partnership programs, the
managers concur with the approach specified by the House, with
the understanding that the areas encompassed in the bill
language that do not receive the maximum amount shall each
receive no less than $200,000.
historic preservation fund
Amendment No. 23: Appropriates $40,812,000 for the
historic preservation fund rather than $40,412,000 as proposed
by the House and $39,812,000 as proposed by the Senate. The
increase above the House provides $400,000 for grants to Indian
tribes. Funds for the HBCU initiative are to be allocated as
described in House Report 105-163.
Amendment No. 24: Modifies language proposed by the
Senate providing that $4,200,000 for restoration of historic
buildings at historically black colleges and universities will
remain available until expended. The House had no similar
provision.
The managers are aware of efforts by the Villages of
Westhampton Beach and Patchogue to rejuvenate their main street
business community by refurbishing two historic theaters and
turning them into performing arts centers. Toward this end, and
to the extent allowed by law, the relevant Federal
agenciesshould consider, through the normal application and review
process, any requests for assistance from the Villages as they proceed
with their theater improvements.
construction
Amendment No. 25: Includes language provding that
modifications for Everglades National Park are authorized under
the construction account as proposed by the Senate. The House
had no similar provision.
Amendment No. 26: Appropriates $214,901,000 for
construction instead of $148,391,000 as proposed by the House
and $173,444,000 as proposed by the Senate. The managers agree
to the following distribution of funds:
Project Amount
Acadia NP (carriage roads).............................. $1,200,000
Acadia NP (upgrade utilities)........................... 2,000,000
Accokeek Foundation (facilities)........................ 200,000
Alaska Native Heritage Center........................... 2,200,000
Amistad NRA (sewer treatment)........................... 750,000
Blackstone River Valley NHC (exhibits/signs)............ 500,000
Blue Ridge Parkway (administration bldg.)............... 1,500,000
Blue Ridge Parkway (dam repair)......................... 1,100,000
Blue Ridge Parkway (EIS)................................ 300,000
Blue Ridge Parkway (Fisher Peak)........................ 5,235,000
Boston NHP (elevator)................................... 1,600,000
Cape Hatteras NS (lighthouse)........................... 2,000,000
Carisbad Caverns NP (water collection).................. 3,752,000
Cuyahoga Valley NRA (repair & rehabilitation)........... 4,500,000
Darwin Martin House (restoration)....................... 500,000
Dayton Aviation NHP (Hoover Print Block restoration).... 3,500,000
Delaware Water Gap NRA (dam repair)..................... 900,000
Delaware Water Gap NRA (education facilities)........... 2,000,000
Delaware Water Gap NRA (trail development).............. 1,500,000
Denali NP&P (Riley Creek utilities rehabilitation)...... 4,150,000
El Malpais NM (multiagency center)...................... 1,500,000
Everglades NP (water delivery).......................... 11,900,000
Everglades NP (water line).............................. 3,000,000
FDR Home NHS (water supply)............................. 1,540,000
FDR Home NHS (Vanderbilt utilities)..................... 1,300,000
Fort McHenry NM and Historic Shrine (wall
rehabilitation)..................................... 1,200,000
Fort Necessity NB (Jumonville and Braddock access,
parking)............................................ 955,000
Fort Necessity NB (Washington Tavern access, parking)... 1,290,000
Fort Smith NHS (rehabilitation)......................... 3,400,000
Fort Sumter NM (site development)....................... 2,860,000
Gateway NRA (road protection)........................... 4,800,000
Gauley NRA (facilities planning)........................ 750,000
General Grant NM (restoration of grounds and facilities) 900,000
George Washington Memorial Parkway (trail repair)....... 300,000
Glacier Bay NP&P (wastewater treatment)................. 1,731,000
Grand Canyon NP (transportation)........................ 2,900,000
Hispanic Cultural Center (arts center).................. 3,000,000
Hot Springs NP (stabilization, lead abatement).......... 500,000
Independence NHP (utilities, rehabilitation)............ 4,300,000
Isle Royale NP (vessel)................................. 2,300,000
Jean Lafitte NHP&P (shoreline stabilization)............ 2,000,000
Katmai NP&P (rehabilitation)............................ 200,000
Kenai Fjords NP (Seward interagency facility)........... 300,000
Lake Mead NRA (water system)............................ 4,700,000
Lewis & Clark Trail (trail construction)................ 300,000
Manzanar NHS (fence repair)............................. 310,000
Marsh-Billings NHP (rehabilitation carriage house)...... 2,400,000
Minute Man NPH (road/trail)............................. 2,000,000
Mount Rainer NP (employee dorms)........................ 2,452,000
Natchez Trace Parkway (road construction)............... 5,100,000
National Capital Parks (Washington Monument)............ 1,000,000
National Capital Parks (Jefferson Monument)............. 4,500,000
New Bedford Whaling NHP (roof repair)................... 153,000
New River Gorge NR (access, trails)..................... 2,525,000
Oklahoma City National Memorial (construction).......... 5,000,000
Penn Center (rehabilitation)............................ 500,000
President's Park (HVAC)................................. 11,500,000
Rock Creek Park tennis facilities (access improvements). 200,000
Rutherford B. Hayes Home (rehabilitation)............... 500,000
Sequoia NP (facilities)................................. 3,000,000
Shiloh NMP (interpretative center)...................... 1,000,000
Shiloh NMP (bank stabilization)......................... 2,000,000
Sotterly Plantation (restoration)....................... 600,000
Southwest Pennsylvania Heritage Comm. (rehabilitation).. 2,000,000
Stones River NB (rehabilitation & trail)................ 650,000
Timpanogos Cave NM (joint facility)..................... 510,000
Trail of Tears NHT, NC (museum exhibits)................ 600,000
Trail of Tears NHT, OK (museum exhibits)................ 600,000
Upper Delaware SRR (aqueduct)........................... 420,000
Vancouver NHR (planning restoration).................... 2,223,000
Vicksburg NMP (rehabilitation).......................... 1,695,000
Vietnam Veterans Museum, Chicago........................ 1,000,000
Wind Cave NP (elevators)................................ 1,400,000
Wrangell-St. Elias NP&P (headquarters and interpretive
center)............................................. 400,000
Zion NP (transportation)................................ 3,210,000
--------------------------------------------------------
____________________________________________________
Project total..................................... 156,761,000
Emergency unscheduled housing........................... 15,000,000
Planning................................................ 17,500,000
General management plan................................. 7,775,000
Equipment replacement................................... 17,865,000
--------------------------------------------------------
____________________________________________________
Total............................................. 214,901,000
The managers have included $,2,200,000 to assist in the
construction of the Alaska Native Heritage Center. This
completes the Park Service commitment to construction of this
project.
The managers have provided $1,500,000 for the El Malpais
multiagency administrative and information center in New
Mexico. These funds are to be equally matched with non-Federal
funds. This completes the Park Service construction commitment
to this project. Funding for exhibits, furnishings and
operations should be provided equally by all partners.
The managers have provided $5,000,000, the total Federal
commitment, for the proposed Oklahoma City National Memorial.
The managers understand that a private trust will be
responsible for the operations of this facility.
The managers have agreed to provide $1,000,000 to
initiate planning and design for the Corinth, MS, interpretive
center at Shiloh National Military Park. The managers encourage
the Park Service to keep the total cost of this projectas low
as possible and to work with the local community and other interested
parties to generate a significant non-Federal cost share.
The managers have included $510,000 for planning and
design of a joint Park Service and Forest Service facility at
Timpanogos Cave National Monument, Utah. The managers
understand that the total construction cost for this
administrative/information center is $4,500,000. The managers
expect future budget submissions to reflect a 50/50 cost share
between the Park Service and the Forest Service.
Of the $2,223,000 in construction funds made available
for the Vancouver National Historic Reserve, $150,000 is for
developing a management plan for the Reserve, pursuant to
Public Law 104-333, Section 502; $200,000 is for reconstruction
at historic Fort Vancouver; $500,000 is for the removal of
airplane hangars and cultural landscape restoration on National
Park Service lands; and $1,373,000 is for historic structure
surveys, restoration planning, restoration construction, and
historic exhibits in the Reserve. Use of funds for and expenses
associated with the Jack Murdock Aviation Center should be
consistent with the Cooperative Agreement between the City of
Vancouver and the National Park Service (agreement number 1443-
CA9000-96-01, executed December 4, 1995).
The managers have provided $50,000 for a special resource
study for the Charleston school district in Arkansas.
The managers direct the National Park Service to provide
the necessary funding from its Federal Highway Lands Program
funds to ensure completion of the U.S. Highway 27 Bypass around
the Chickamauga-Chattanooga National Military Park no later
than December 31, 1999.
The managers have provided $300,000 for the Lewis and
Clark Trail Visitor Center. These funds, subject to matching
from non-Federal sources, complete the Federal commitment.
Amendment No. 27: Restores language proposed by the House
and stricken by the Senate which provides that $500,000 for the
Rutherford B. Hayes Home, and $600,000 for the Sotterley
Plantation shall be derived from the Historic Preservation
Fund; inserts language proposed by the Senate which provides
similar authority for $500,000 for the Darwin Martin House and
$500,000 for Penn Center; provides that funds for the Hispanic
Cultural Center are subject to authorization; prohibits the use
of funds to relocate the Brooks River Lodge in Katmai NP&P from
its current location; and inserts language providing $1,000,000
to be used for the Vietnam Veterans Museum in Chicago,
Illinois.
The managers are providing $300,000 to the National Park
Service and $100,000 to the Forest Service to begin the
planning and design of a multi-agency facility in Seward,
Alaska. The facility will include a convention center for the
City of Seward, and office and visitor facility space for the
two Federal agencies. The location of the convention center and
agency operations in a common building will generate
efficiencies and cost savings by providing a single facility
that combines administrative and interpretative programs and
that streamlines facility operations and maintenance. These
funds are being provided with the understanding that the
facility will be financed, constructed, owned and operated by
the City of Seward. The managers intend that the Federal
involvement in this project be limited to funding the planning
and design, and that the Federal office and visitor facility
space be procured via long-term leases with the City of Seward.
An amount of $400,000 is provided for site preparation
for a visitor center in Wrangell-St. Elias National Park and
Preserve. The managers are pleased the initial cost estimate of
up to $19,000,000 has been scaled down to $4,500,000 and the
size of the facility reduced by two-thirds to reduce costs.
The managers note that the City of Galax, VA has donated
approximately 1,100 acres of prime land to the National Park
Service to be the location for the Fisher Peak Center on the
Blue Ridge Parkway. The managers further acknowledge the
commitment of a non-governmental, non-profit organization to
take responsibility for the operation of all cultural aspects
of the center's activities, including acquisition and
maintenance of exhibits and payment of fees and expenses for
performing artists. Following construction of the center, the
Park Service's responsibility for the center will be limited to
maintenance of the infrastructure, in accordance with the draft
negotiations previously undertaken by the NPS and the non-
profit organization. The managers believe the donation of land
and the financial contribution represented by the operation of
the cultural activities at Fisher Peak over the life of the
facility should constitute a non-Federal share for the center
of considerably more than 50 percent of the construction cost.
The managers direct the National Park Service to conduct
a study, within available funds, on the feasibility of
establishing the Androscoggin River Valley as a National
heritage area.
The managers have provided $3,000,000 for the Hispanic
Cultural Center in Albuquerque, New Mexico, subject to
authorization. The managers note that this facility will not be
located in or near a unit of the National Park System and
therefore encourage that future funding be provided from other
Federal or non-Federal sources.
Amendment No. 28: Deletes Senate language directing the
reprogramming of funds from the Jefferson National Expansion
Memorial to the U-505 National Historic Landmark. The House had
no similar provision.
land acquisition
Amendment No. 29: Appropriates $143,290,000 for land
acquisition instead of $129,000,000 as proposed by the House
and $126,690,000 as proposed by the Senate. The managers agree
to the following distribution of funds:
Project Amount
Appalachian Trail....................................... $4,200,000
Arkansas Post NM, AR.................................... 440,000
Aztec Ruins, NM, NM..................................... 600,000
Big Cypress NPr, FL..................................... 10,000,000
Chattahoochee River NRA, GA............................. 3,000,000
Cuyahoga Valley NRA, OH................................. 4,000,000
Denali NP&P, AK......................................... 2,000,000
Everglades NP, FL....................................... 66,000,000
Fredericksburg/Spotsylvania NMP, VA..................... 3,500,000
Gauley NRA, WV.......................................... 950,000
Golden Gate NRA, CA..................................... 1,550,000
Hagerman Fossil Beds NM, ID............................. 800,000
Haleakala NP, HI........................................ 1,000,000
Indiana Dunes NL, IN.................................... 3,000,000
Minute Man NHP, MA...................................... 500,000
New River Gorge NR, WV.................................. 2,000,000
Olympic NP, WA.......................................... 3,000,000
Palo Alto Battlefield NHS, TX........................... 900,000
Petroglyph NM, NM....................................... 2,000,000
Saguaro NP, AZ.......................................... 3,000,000
San Antonio Missions NHP, TX............................ 1,500,000
Santa Monica Mountains NRA, CA.......................... 1,000,000
Sterling Forest, NY..................................... 8,500,000
Stones River NB, TN..................................... 1,000,000
Voyageurs NP, MN........................................ 650,000
Wrangell-St. Elias NP&P, AK............................. 4,200,000
acquisition management.................................. 8,500,000
emergency/hardships..................................... 3,000,000
inholdings/exchanges.................................... 1,500,000
State grant assistance.................................. 1,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 143,290,000
Amendment No. 30: Earmarks $1,000,000 for administering
the State assistance program as proposed by the House. These
funds are associated with close-out of prior year awards.
Amendment No. 31: Deletes House language providing an
earmark for the Sterling Forest.
The amendment also includes language as proposed by the
Senate providing the Secretary of the Interior authority to
provide Federal land acquisition funds to the State of Florida
for the protection of the Everglades and allows for
acquisitions within Stormwater Treatment Area 1-E, including
reimbursement. Funds are made available for STA 1-E because STA
1-E will be designed and operated to improve the quality of
water flowing into the Loxahatchee NWR.
While the managers have agreed to the Senate bill
language giving the Secretary of the Interior authority to
provide Federal assistance to the State of Florida for land
acquisition in the Everglades, the managers agree that
completing the Federal acquisitions remains the priority for
the use of Federal acquisition dollars. The managers also
believe progress should continue on the east buffer.
The managers intend that any funds remaining available
for land acquisition for, or development of, the East St. Louis
portion of the Jefferson National Expansion Memorial may not be
expended until private entities located within the East St.
Louis portion of the Memorial have been removed or relocated
(using non-Federal funds) for park development purposes.
Further appropriations for this purpose are not likely until
these local issues are resolved.
The managers have provided $1,550,000 to purchase the
Giacomini Ranch property within the Golden Gate National
Recreation Area. These funds, along with the $3,200,000 in
State funds, complete this purchase.
The managers have provided funds to complete the purchase
of the Gisler property in the Hagerman Fossil Beds National
Monument. The purchase of this desirable property from a
willing seller should be conducted with all due speed based on
an offer to sell dated May 21, 1997.
The managers direct that the funds provided for Stones
River National Battlefield may only be spent on acquisitions
within the authorized park boundaries as of January 1, 1996.
United States Geological Survey
surveys, investigations, and research
Amendment No. 32: Appropriates $759,160,000 for surveys,
investigations and research instead of $755,795,000 as proposed
by the House and $758,160,000 as proposed by the Senate.
Changes to the amount proposed by the House include increases
of $3,000,000 for the global seismographic network, $1,000,000
for volcano hazard studies for Hawaii and Alaska, $2,000,000
for the Alaska minerals at risk project and $500,000 for Great
Lakes research; and decreases of $500,000 for biological
information management, $135,000 for Caddo Lake (funded under
the U.S. Fish and Wildlife Service), and $2,500,000 for the
pilot competitive grant research program.
The hypoxia zone in the Louisiana shelf of the Gulf of
Mexico has grown to an area of about 7,000 square miles and
because of its size and scope is having a significant negative
impact on the fishing industry in the Gulf. The managers
support the U.S. Geological Survey's research into the causes
and effects of the problem. The managers urge the Survey to
consider this a high priority in its fiscal year 1999 budget.
The managers expect the current policy with respect to
awarding competitive grants to the Water Resources Research
Institutes to be continued.
Increased funding for the cooperative research units is
provided in order to fill some of the 20 position vacancies
that now exist at established units. The managers have not
provided any funding to establish new cooperative research
units.
Amendment No. 33: Earmarks $2,000,000 for an Alaska
mineral and geologic data base as proposed by the Senate. The
House had no such earmark.
Amendment No. 34: Earmarks $145,159,000 for the
biological research activity and the operation of the
cooperative research units instead of $147,794,000 as proposed
by the House and $147,159,000 as proposed by the Senate.
Amendment No. 35: Deletes language proposed by the Senate
allowing the United States Geological Survey to make payments
to local entities for real properties transferred from the Fish
and Wildlife Service to the Survey. The House had no similar
provision. Language is included under General Provisions,
Department of the Interior, to allow the U.S. Fish and Wildlife
Service to continue these payments.
Minerals Management Service
royalty and offshore minerals management
Amendment No. 36: Appropriates $137,521,000 for royalty
and offshore minerals management instead of $139,621,000 as
proposed by the House and $135,722,000 as proposed by the
Senate. Changes to the amount proposed by the House include an
increase of $1,200,000 in resource evaluation for the marine
minerals resource center program and decreases of $1,000,000 in
the OCS lands regulatory program for a clearinghouse for
offshore petroleum production information and $2,300,000 in the
royalty management program, of which $1,000,000 is for
valuations and operations and $1,300,000 is for compliance.
The managers expect the MMS to report on how funds for
the marine minerals resource center program will be used to
support the MMS mission, and thereafter to keep the Committees
advised of how these funds are being used.
The managers are aware that the MMS has received numerous
expressions of concern about the proposed new regulations on
oil valuation including concerns about the proposed changes in
the long standing practice of valuation of hydrocarbon
production at the lease where it is brought to the surface; the
impact of transportation, administrative costs and other risks
if valuation of hydrocarbon production is conducted away from
the lease site; and the application of any new regulations
retroactively. The managers expect the MMS to continue to
consult with industry and the States and to report back to the
Committees prior to finalizing this regulation. The managers
also intend to explore the possibility of an independent
evaluation by the General Accounting Office on this issue and
on the issue of royalty in kind.
The managers understand that the MMS needs to acquire
geological and geophysical information to obtain the
information needed to ensure that fair prices are received on
outer continental shelf tracts offered for leasing. This is
aresponsibility the MMS has to the taxpayers of this country. However,
the MMS also has the responsibility of ensuring that company
confidential information is protected from disclosure. In finalizing
the proposed rule on geological and geophysical information, the MMS
should ensure that both of these responsibilities are met and should
continue to work with the industry toward that end.
Amendment No. 37: Earmarks $68,574,000 for royalty
management instead of $70,874,000 as proposed by the House and
$66,175,000 as proposed by the Senate.
Amendment No. 38: Deletes language proposed by the House
and stricken by the Senate which would have limited the use of
receipts to activities within the outer continental shelf lands
program.
Amendment No. 39: Earmarks $3,000,000 to remain available
for two fiscal years for computer acquisitions as proposed by
the Senate instead of $1,500,000 as proposed by the House.
Office of Surface Mining Reclamation and Enforcement
Regulation and Technology
Amendment No. 40: Appropriates $95,437,000 for regulation
and technology as proposed by the House instead of $97,437,000
as proposed by the Senate. The agreement does not fund the acid
mine drainage technology initiative proposed by the Senate.
Abandoned Mine Reclamation Fund
Amendment No. 41: Appropriates $177,624,000 for the
abandoned mine reclamation fund as proposed by the Senate
instead of $179,624,000 as proposed by the House.
Bureau of Indian Affairs
operation of indian programs
Amendment No. 42: Appropriates $1,528,588,000 for the
operation of Indian programs instead of $1,526,815,000 as
proposed by the House and $1,529,024,000 as proposed by the
Senate. Changes to the amount proposed by the House include
increases of $1,500,000 for the tribally controlled community
colleges, $1,000,000 under non-recurring programs for tribes in
South Dakota that intend to run their own welfare programs, and
$500,000 for the United Tribes Technical College; and decreases
of $427,000 for the Gila River Farms project and $800,000 for
trust records management.
The managers have agreed upon a new distribution for
tribal priority allocation funding for fiscal year 1998. This
distribution is as follows: (1) requested fixed cost increases,
internal transfers, and proposed increases to formula driven
programs not included in the tribes' TPA base; (2) all tribes
are provided a minimum funding level of $160,000; and (3) any
remaining funds will be distributed based on recommendations of
a task force to be established by the Secretary of the
Interior. Other than this agreed upon distribution there are no
other earmarks for TPA. A more detailed explanation is provided
under General Provisions, Department of the Interior, Amendment
No. 65.
Within other recurring programs $600,000 is provided for
the Bering Sea Fishermen's Association.
Amendment No. 43: Earmarks $55,949,000 to remain
available until expended for housing improvement, road
maintenance, attorney fees, litigation support, self-governance
grants, the Indian self-determination fund, land records
improvements and the Navajo-Hopi settlement program instead of
$59,775,000 as proposed by the House and $59,479,000 as
proposed by the Senate.
Amendment No. 44: Inserts language proposed by the Senate
allowing tribes to use tribal priority allocation funds for
replacement and repair of school facilities, provided that such
replacement and repair is approved by the Secretary of the
Interior and is completed with non-Federal and/or TPA funds.
The House had no similar provision.
The managers have included bill language to allow tribes
to use TPA funds for replacement and repair of school
facilities. This language requires that tribes comply with
applicable building codes, obtain the approval of the Secretary
of the Interior for proposed projects, and complete projects
with TPA and/or non-Federal funds. The Secretary's approval
would be based on the determination that the proposed projects
comply with the Bureau's education space guidelines; the Bureau
would have the two-year lead time it requires to plan
adequately for operation and maintenance costs; and tribes
would have adequate funding to complete the project.
construction
Amendment No. 45: Appropriates $125,051,000 for
construction as proposed by the Senate instead of $110,751,000
as proposed by the House. Changes to the amount proposed by the
House include increases of $1,800,000 for the Pyramid Lake
school, $1,600,000 for the Sac and Fox school, $1,800,000 for
the WaHeLut school, and $9,100,000 for the Ute Mountain Ute
detention center.
The managers are aware of assistance that has been
provided in prior years to the Marty Indian school in South
Dakota. To the extent that there are additional high-priority
requirements identified for the facilities which service the
elementary grades at this location, the Bureau should give
consideration to these needs through the emergency or minor
repair programs within the educational facility improvement and
repair program.
indian land and water claim settlements and miscellaneous payments to
indians
Amendment No. 46: Appropriates $43,352,000 for Indian
land and water claim settlements and miscellaneous payments to
Indians as proposed by the Senate instead of $41,352,000 as
proposed by the House. Changes to the amount proposed by the
House include increases of $1,500,000 for the Pyramid Lake
settlement and $500,000 for church restoration on the Aleutian
and Pribilof Islands.
Amendment No. 47: Earmarks $42,000,000 for implementation
of settlements as proposed by the Senate instead of $40,500,000
as proposed by the House.
Amendment No. 48: Earmarks $1,352,000 for various
settlements as proposed by the Senate instead of $852,000 as
proposed by the House.
Amendment No. 49: Inserts references to Public Laws 101-
383 and 103-402 as proposed by the Senate consistent with the
funding earmark in Amendment No. 48.
DEPARTMENTAL OFFICES
Insular Affairs
assistance to territories
Amendment No. 50: Appropriates $67,514,000 for assistance
to territories instead of $68,214,000 as proposed by the House
and $67,214,000 as proposed by the Senate. The decrease to the
amount proposed by the House is $700,000 for technical
assistance within the territorial assistance activity.
Amendment No. 51: Earmarks $63,665,000 for technical
assistance instead of $64,365,000 as proposed by the House and
$63,365,000 as proposed by the Senate.
compact of free association
Amendment No. 52: Appropriates $20,545,000 for the
compact of free association as proposed by the Senate instead
of $20,445,000 as proposed by the House. The conference
agreement includes $100,000 above the level proposed by the
House for Enewetak support.
departmental management
The managers agree not to require the Alaska North Slope
land exchange assessment mandated in the Senate report.
Office of Inspector General
salaries and expenses
Amendment No. 53: Appropriates $24,500,000 for the Office
of the Inspector General as proposed by the Senate instead of
$24,439,000 as proposed by the House.
National Indian Gaming Commission
salaries and expenses
Amendment No. 54: Appropriates $1,000,000 with one-year
availability for salaries and expenses of the National Indian
Gaming Commission as proposed by the House instead of
$1,000,000 to remain available until expended as proposed by
the Senate.
Office of Special Trustee for American Indians
federal trust programs
Amendment No. 55: Appropriates $33,907,000 for Federal
trust programs in the Office of Special Trustee for American
Indians instead of $32,126,000 as proposed by the House and
$35,689,000 as proposed by the Senate. There is a general
increase of $1,781,000 above the House level.
Within the funds provided for the office of the special
trustee $2,197,000 is provided for settlement and litigation
support. The managers understand that the demands placed on the
office of the special trustee to support activities related to
settlement efforts and ongoing tribal and IIM litigation are
significant. These activities are critical to ensuring that the
Federal government appropriately addresses its past management
of Indian trust accounts. The managers expect to be kept
apprised of settlement and litigation activities through
semiannual reports to the Committees.
Amendment No. 56: Strikes the redundant phrase ``for
trust fund management'' in the description of programs to be
funded under the Office of Special Trustee for American Indians
as proposed by the Senate.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Amendment No. 57: Deletes language proposed by the House
and stricken by the Senate restricting the use of funds for
finalizing a rule or regulation pertaining to the recognition,
management, or validity of a right-of-way pursuant to Revised
Statute 2477 and inserts language providing that Park Service
units participating in the recreation fee demonstration program
cover the cost of collecting fees within the funds retained at
each unit. The managers note that 80% of all fees collected
under the demonstration project are retained by the collecting
unit.
Section 107 of the House bill prohibited any agency of
the Federal government from implementing any final rules or
regulations regarding the recognition, management, or validity
of rights of way established pursuant to section 2477 of the
Revised Statutes (43 U.S.C. 932). The language of section 107
is identical to section 108 of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public Law 104-
208, 110 Stat. 3009-200). The Senate bill or fiscal year 1998
did not contain any provision similar to section 107 because
the Senate maintained that section 108 of the fiscal year 1997
Interior appropriations law was intended as, and is, permanent
law. The Comptroller General recently reviewed section 108 of
the fiscal year 1997 Interior appropriations law and determined
that it is permanent law (Opinion B-277719, August 20, 1997).
The Comptroller General's opinion is printed on page E1681 of
the Congressional Record of September 8, 1997.
The managers agree with the Comptroller General that
existing law prohibits any final rules or regulations regarding
the recognition, management, or validity of rights of way
established pursuant to section 2477 of the Revised Statutes
from taking effect until such time as any such rules or
regulations are expressly authorized by an Act of Congress.
Further, the managers note that noting in the deletion of
section 107 or in any provision of the conference report shall
be constructed as contradicting or diminishing the permanence
of section 108 of the fiscal year 1997 Interior appropriations
law or as a subsequent Act of Congress expressly authorizing
any final rules or regulations regarding section 2477 of the
Revised Statutes to take effect.
Amendment No. 58: Makes a technical correction to House
language continuing the moratorium on offshore oil and gas
leasing in the North Aleutian Basin as proposed by the Senate.
Amendment No. 59: Modifies House language regarding the
ability of Indian tribes, tribal organizations, or tribal
consortia to invest advance payments or to allow such payments
to be invested in certain mutual funds and securities or to be
deposited in certain protected accounts as proposed by the
Senate.
The intent of the investment restrictions contained in
Section 112 is to limit the types of permissible investments
for all funds appropriated and obligated under the Indian Self-
Determination and Education Assistance Act and the Tribally
Controlled Schools Act. This is to ensure that these funds are
available to support the public functions for which these funds
were appropriated. The managers believe that these goals will
be achieved by barring risky investments such as those in
speculative securities, in unsecured financing arrangements, or
in uncollateralized or uninsured bank accounts. The managers
strongly believe that should losses occur, such amounts must be
repaid by the tribes.
Amendment No. 60: Inserts language proposed by the House
and modified by the Senate concerning severance pay and other
benefits by Bureau of Land Management employees in the helium
operations program to include certain training benefits and to
clarify annual leave restoration provisions as proposed by the
Senate.
Amendment No. 61: Restores language inserted by the House
and stricken by the Senate stipulating that the establishment
of a new regional office in the United States Fish and Wildlife
Service requires the advance approval of the House and Senate
Committees on Appropriations.
The managers are sympathetic to the Service's argument
that the large workload on the west coast is putting a strain
on the regional office in Portland, Oregon. The managers
believe that the Service's proposal to create a new regional
office at a cost of $10 million and more than 120 FTEs may not
be the best use of additional resources and staffing. In this
conference agreement the managers have been very sensitive to
the Service's need to address its large maintenance and
operational backlogs in the field. The managers do not want to
see a large new bureaucracy drain both funding and staffing
increases which are so essential to making on-the-ground
improvements as the National refuge system approaches its 100th
birthday in the year 2003. The managers note that the Vice
President's National Performance Review goals are targeted
toward reducing the size of the Federal bureaucracy and
empowering employees to take responsibility for their work
assignments without a multi-layered review bureaucracy.
Therefore, the managers encourage both the Service and the
Administration to examine a variety of cost-effective
alternatives, including non-traditional alternatives, to deal
with the Service's west coast workload problem, such as placing
additional personnel in the field. The House and Senate
Committees on Appropriations will continue to work with the
Service to identify the most appropriate way to address this
problem. The managers believe the solution should be part of an
overall approach to addressing the operational, maintenance and
staffing needs of the Service.
Amendment No. 62: Inserts language conveying the Bowden
National Fish Hatchery to the State of West Virginia as
proposed by the Senate. The House had no similar provision.
This provision is consistent with the hatchery transfer
proposal included in the fiscal year 1996 Appropriations Act.
Amendment No. 63: Amends section 115 of Public Law 103-
332 to allow agencies in addition to the Department of the
Interior to fund cooperative research agreements incrementally
with funds provided by other Federal agencies as proposed by
the Senate. The House had no similar provision.
Amendment No. 64: Amends Public Law 100-446 as proposed
by the Senate to change the annual amount that can be expended
for Kili and Ejit at Bikini Atoll and to provide for inflation
adjustments. The House had no similar provision.
Amendment No. 65: Modifies language proposed by the
Senate directing the BIA to reallocate tribal priority
allocation (TPA) funds. The House had no similar provision.
The managers agree that the current pro rata distribution
of TPA, based on historical methods dating to the 1930s, has
resulted in great disparity in the funds of the non-formula
funded TPA programs, which are referred to as ``base'' funds.
Currently, 309 of the 526 Federally recognized tribes do not
receive a base of even $160,000, the minimum level of TPA
funding per tribe recommended by the Joint Tribal/BIA/DOI
Advisory Task Force on Reorganization of the BIA in its 1994
report. The managers agree that the BIA shall raise the base
funding of all tribes not receiving the minimum recommended TPA
funding to $160,000 in fiscal year 1998.
The managers understand that the tribes have obligations
related to the use of the TPA funds. The managers have provided
tribes with full fiscal year 1997 TPA funding, adjusted for all
fixed costs and internal transfers, and have provided funding
for the proposed increases to the formula driven programs not
included in tribes' base.
To the extent that TPA funds remain available for
allocation after distribution as directed above, the managers
agree that the funds should not be allocated under the current
method used by the BIA. The managers direct the Secretary to
convene a task force of Federal officials and tribal
representatives by October 31, 1997, to determine the
allocation of any remaining TPA funds, based on the
recommendations and principles contained in the 1994 report. If
the task force cannot agree on a distribution consistent with
the 1994 report by January 31, 1998, the Secretary shall
distribute the funds by February 28, 1998, based on the
recommendations of a majority of task force members, or, if no
majority recommendation can be reached, considering the
recommendations of the task force members. The managers urge
the task force and the Secretary, in the event that the
Secretary has to distribute the funds without a distribution
recommendation supported by a majority of task force members,
to consider the inequities in current TPA allocation and the
disparate economic situations of the tribes.
Amendment No. 66: Amends Section 116 of Public Law 104-
208 as proposed by the Senate to correct citations in the
fiscal year 1997 appropriations Act relating to the transfer of
a Federal facility in Salt Lake City, Utah, to the University
of Utah. The House had no similar provision.
Amendment No. 67: Amends language relating to Kantishna
Mining claims acquisition which was set out in the Senate bill.
In 1903, gold miners first staked claims in the area known as
the Kantishna Mining District. Mining operations continued, and
periodically enjoyed a number of boom years, right up through
the 1970's. In 1980, the area became part of the National Park
System. In 1985, the Park Service was enjoined from approving
claim owners' operation plans until an Environmental Impact
Statement (EIS) was completed. The preferred alternative in the
EIS was for the National Park Service to acquire the claims.
Under these circumstances, and subsequent delays and
uncertainties, a large majority of claim owners believed that
mining operation plans would not be approved. This section is
intended to provide both the claim owners and the National Park
Service with an expeditious mechanism to resolve these claims.
While incorporating the procedures and jurisprudence under the
Declaration of Takings Act, this section includes an additional
procedure provided under this section for the owner's ability
to bring suit.
The managers recognize that there has been significant
dispute as to whether there have been takings of mining claims.
This section offers consenting owners the opportunity at least
to obtain compensation as of 90 days from the day of enactment
of this Act, while leaving the takings matter to the parties or
the court system to resolve.
The National Park Service is encouraged to use, to the
greatest extent feasible, and within reasonable health and
safety guidelines and in consultation with the Alaska State
Historic Preservation Officer, any equipment or structures not
removed by owners that are of an historic nature as part of
future exhibits on mining within Denali National Park and
Preserve. In addition, the managers encourage the National Park
Service to allow appropriate visitor use of the trails and
roads created by the miners. Congress does not authorize the
National Park Service to use this section to force unwilling
sellers off their patented or unpatented land.
The managers have provided funding in the NPS land
acquisition account, in part, to pay for administrative work
such as validity determinations and appraisals, as well as the
review of information received from claim owners pursuant to
this section. Such money may also fund the acquisition of
claims through Declarations of Takings account.
Amendment No. 68: Modifies language proposed by the
Senate which amends Section 1034 of Public Law 104-333 to
extend the period for filing by Alaska Native Corporations
regarding the land conveyance dispute in Lake Clark National
Park and Preserve, AK. The modification permits the
introduction of any relevant evidence. The House had no similar
provision.
Amendment No. 69: Modifies language proposed by the
Senate relating to the computation of the refuge revenue
sharing payment to the Kodiak Island Borough. The modification
requires the Fish and Wildlife Service to conduct another
assessment of the property and to base refuge revenue sharing
payments, beginning with the payment to be made in fiscal year
1999, on the new assessment. The House had no similar
provision.
Amendment No. 70: Deletes language proposed by the Senate
authorizing a National Park Service heritage study of the
Androscoggin River Valley, and inserts language authorizing
increased assessment fees for the National Indian Gaming
Commission, excluding self regulated tribes such as the
Mississippi Band of Choctaw. The House had no similar
provision.
Amendment No. 71: Amends Section 3 of Public Law 94-392
as proposed by the Senate regarding the ability of the
government of the Virgin Islands to issue bonds. The House had
no similar provision.
Amendment No. 72: Directs the Secretary of the Interior
to take action to ensure that the lands comprising the Huron
Cemetery of Kansas City, Kansas, are used only for religious
and cultural uses compatible with the use of the lands as a
cemetery as proposed by the Senate. The House had no similar
provision.
Amendment No. 73: Revises the boundaries of the Arkansas
Post National Memorial as proposed by the Senate to include an
additional 360 acres and authorizes the Secretary of the
Interior to acquire these acres. The House had no similar
provision.
Amendment No. 74: Modifies language proposed by the
Senate regarding Glacier Bay access to provide for open
competition and to limit additional passenger ferry
transportation into Bartlett Cove from Juneau to one entry per
day. The House had no similar provision.
Amendment No. 75: Amends Title I of Public Law 96-514
under the heading ``Exploration of National Petroleum Reserve
in Alaska'' as proposed by the Senate regarding lease
operations and royalty terms. The House had no similar
provision.
Amendment No. 76: Inserts language proposed by the Senate
prohibiting the Secretary of the Interior from approving any
class III tribal-State gaming compacts without the prior
approval of a State. It is also the sense of the Senate that
the Justice Department should enforce the provisions of the
Indian Gaming Regulatory Act. The House had no similar
provisions.
The managers agree that this section prohibits the
Secretary of the Interior during fiscal year 1998 from adoption
specific procedures to authorize and govern Indian gaming
activities in any particular State in the absence of a tribal-
State compact approved by a State in accordance with State law.
Amendment No. 77: Inserts language which modifies a
Senate provision relating to definition regulations of the
National Indian Gaming Commission. The modification is intended
to make clear that the Commission can gather information
relating to the Advanced Notice of Proposed Rulemaking, but not
issue draft or final rules. The House had no similar provision.
The managers note that this provision will have no effect
on the classification of bingo games, including bingo involving
electronic blowers. Such games currently are considered class
II and will remain class II under this provision.
Amendment No. 78: Deletes language inserted by the Senate
concerning the Youth Environmental Service program and inserts
a provision providing for the U.S. Fish and Wildlife Service to
continue to make payments to local entities for real Federal
properties transferred to the U.S. Geological Survey. The
Senate bill addressed the payment provision under the U.S.
Geological Survey. The House had no similar provisions. The
managers expect the Department to provide the report requested
in the Senate amendment dealing with the Youth Environmental
Service program not later than 120 days after enactment of this
Act.
Amendment No. 79: Includes language proposed by the
Senate concerning the conveyance of certain lands managed by
the Bureau of Land Management to Lander County, Nevada. The
House had no similar provision.
Amendment No. 80: Modifies language proposed by the
Senate requiring the sale of certain BLM lands to landowners in
Clark County, NV. The House had no similar provision.
Amendment No. 81: Deletes language proposed by the Senate
establishing a National Parks and Environmental Improvement
Fund and inserts language providing for a National Park Service
land exchange of property in the District of Columbia for
property in Prince Georges County, MD, for Oxon Cove Park. The
managers have addressed the establishment of an environmental
restoration fund in Title IV, Amendment No. 162. With respect
to the Oxon Cove land exchange, the managers understand that
the National Park Service is not liable for the hazardous
wastes or other substances placed on the lands.
Amendment No. 82: Modifies language proposed by the
Senate regarding the Stampede Mine Site in Denali NP&P, AK. The
House had no similar provision.
TITLE II--RELATED AGENCIES
Department of Agriculture
Forest Service
forest and rangeland research
Amendment No. 83: Appropriates $187,944,000 for forest
and rangeland research instead of $187,644,000 as proposed by
the House and $188,644,000 as proposed by the Senate. Changes
from the amounts proposed by the House include a total of
$700,000 for the Rocky Mountain station forest health project,
an additional $450,000 for the Institute of Pacific Islands
Forestry, HI, an increase of $500,000 for the fine hardwoods
tree improvement project in association with Purdue University,
IN, and $1,500,000 as additional funding for research at the
Pacific Northwest station. The agreement retains the Senate
positions that no additional funding is provided as a grant for
the Northern Arizona School of Forestry forest health project
and that $3,000,000 is provided to accelerate forest inventory
and analysis focused on States with partnerships.
The managers have included an increase of $300,000 for
the Rocky Mountain Research Station for monitoring and research
to support the Southwest region wildland ecosystem restoration
projects, as developed by a joint region-station project team,
that also will include appropriate expertise fromother
organizations. The managers, recognizing the current controversies
surrounding the management of the forests in the Southwest, wish to
ensure full participation by all parties in the Southwest ecosystem
restoration research effort. The Forest Service shall place a
representative of the New Mexico Department of Agriculture and a
representative from the range task force at New Mexico State University
on any advisory committee or team established for this research
project. The Forest Service is directed to submit a draft proposal at
the earliest possible date to the House and Senate Committees on
Appropriations fully outlining its research plans and more complete
details on this proposal, including the duration and multi-year cost
estimate.
state and private forestry
Amendment No. 84: Appropriates $161,237,000 for State and
private forestry instead of $157,922,000 as proposed by the
House and $162,668,000 as proposed by the Senate. Changes from
the House position include the addition of $500,000 for the
Alaska Spruce Bark Beetle task force in the cooperative lands
forest health management activity and a reduction of $1,850,000
for cooperative lands fire management. Other changes from the
levels proposed by the House include an increase of $2,000,000
for stewardship incentives and $2,000,000 for the forest legacy
program, Mountains to Sound Greenway project in Washington
State. The Chesapeake Bay program is funded at the fiscal year
1997 level from the forest stewardship activity. The managers
encourage the Forest Service to use the stewardship incentives
program to enhance sustained commodity production from private
lands and aid the nation's supply of forest products and
services by using the full range of forest practices authorized
for this program. Economic action programs are provided
$11,465,000, an increase of $465,000 above the House level. The
funds to restore the forestry products conservation and
recycling program to the fiscal year 1997 level are provided to
maintain the technical assistance for the Princeton Hardwoods
Center at the fiscal year 1997 level of $200,000. The economic
action program funds should be distributed as follows:
Rural development.............................................$5,000,000
Wood in transportation........................................ 1,200,000
Economic recovery............................................. 3,850,000
Forestry products conservation and recycling.................. 1,200,000
Columbia River Gorge county payments.......................... 215,000
Amendment No. 85: Retains language proposed by the Senate
to provide $800,000 in the Pacific Northwest Assistance
activity for the World Forestry Center in Oregon to be used to
aid the Umpqua River Basin land exchange project as authorized
in section 1028 of Public Law 104-333. The House had no similar
provision. The managers encourage the project directors to
increase funding from private sources so this study can be
finished in fiscal year 1998. The managers expect that no
further Federal funds will be necessary and that a report
detailing the use of these funds and previous Federal funds and
the results of the studies will be provided to the House and
Senate Committees on Appropriations no later than January 15,
1999. The managers encourage the involved Federal agencies to
cooperate fully with the Umpqua River Basin land exchange
project to facilitate the goals of the authorized study.
Amendment No. 86: Retains language proposed by the Senate
exempting the Alaska Spruce Bark Beetle task force from
requirements of the Federal Advisory Committee Act. The House
had no similar provision.
international forestry
The conference agreement allows the Forest Service to use
up to $3,500,000 to support international forestry activities
as authorized. These funds may be taken from other
appropriations available to the Forest Service. The House and
Senate Committees on Appropriations should be informed of the
funding mix used. Of this amount, $230,000 is for the
international forestry activities of the Institute of Pacific
Islands Forestry, an increase of $100,000 over the fiscal year
1997 funding for this activity.
national forest system
Amendment No. 87: Appropriates $1,348,377,000 for the
National forest system instead of $1,364,480,000 as proposed by
the House and $1,337,045,000 as proposed by the Senate. Changes
to the amount proposed by the House include increases of
$1,000,000 for inventory and monitoring, $500,000 for
anadromous fish habitat management and $2,034,000 for grazing
management, and decreases of $1,370,000 for inland fish habitat
management, $1,000,000 for timber sales management, $1,000,000
for soil, water and airoperations, $500,000 for watershed
improvements, $767,000 for minerals and geology management, $1,000,000
for real estate management and $14,000,000 for general administration.
The conference agreement includes language in Title III
encouraging the Forest Service to release forest planning
regulations that have been under development since 1990. Other
Title III language governs the Interior Columbia River Basin
environmental impact statements but the managers have not set a
date certain for public comment periods. The conference
agreement directs that the Forest Service not begin any new
large scale ecoregional assessments, such as the Interior
Columbia Basin study, without the advance approval of the House
and Senate Committees on Appropriations. Funding associated
with such initiatives should be clearly displayed in the budget
explanatory notes. The managers agree that the Forest Service
should provide advance notice to the House and Senate
Committees on Appropriations if small scale, multi-forest
assessments are planned that are not reflected in the annual
budget justification.
The managers agree to earmarks proposed by the Senate
including $300,000 for the great western trail feasibility
study in the Intermountain region and $100,000 for Alaska gold
rush centennial exhibits and living history presentations, and
an increase of $1,000,000 for trail maintenance in the Pacific
Northwest region. The managers expect the challenge cost share
funding levels for all activities to follow the budget request,
with the addition of $500,000 in both the rangeland and
forestland vegetation management activities. The managers agree
that a total of $4,000,000 should be used for exotic and
noxious plant management, and that the Pacific Northwest region
is encouraged to fund the Okanogan and the Colville National
Forest activities targeted at the eradication of noxious weeds.
The managers note that it appears that Forest Service staff in
the Pacific Northwest region has attempted to penalize ranchers
in perpetuity for alleged grazing violations. The managers
expect that any penalties imposed will reflect the severity of
the violation and should not be permanent, and that appropriate
agency review of the alleged violations should be undertaken to
determine if the penalty is still necessary.
The managers are concerned that commitments made in the
President's Pacific Northwest Forest Plan be fulfilled.
Accordingly, the managers expect the Forest Service to make
available for sale in fiscal year 1998 the timber volume
specified in alternative 9 of the Record of Decision of the
Final Environmental Impact Statement, as revised. This volume
should be no less than 763 million board feet, which includes
no more than 10 percent of the volume in the form of products
which the Final Environmental Impact Statement defines as
``other wood''.
The conference agreement earmarks at least $1,000,000
from the land ownership activity to assist resource input to
the relicensing of hydropower projects on national forest lands
and to update assessments of hydropower project fair market
values. The managers agree with the House language directing
the Forest Service to use funds generated as a result of 16
U.S.C. 501 promptly for priority road, trail, and bridge
maintenance projects to reduce the significant backlog. The
report requested by the House on facility, road and bridge
maintenance, repair and replacement needs should indicate
clearly how this significant source of funds will be used to
improve the transportation infrastructure on national forest
system lands. The managers reiterate support for cooperative
law enforcement agreements and have included funds for this
purpose. The managers are aware of a proposed designation of a
high intensity drug trafficking area in the Daniel Boone
National Forest, KY. Such a designation would provide for
enhanced enforcement which would address marijuana production
in the Forest. The managers urge the Forest Service to ensure
that appropriate law enforcement personnel are provided to
support this initiative once approved.
The managers urge the Forest Service to work
cooperatively with Lafayette County, Mississippi, officials in
making improvements to county road 244 within the Holly Springs
National Forest.
The managers have agreed to revised instructions,
provided in the Forest Service administrative provisions,
regarding potential Alaska regional office relocations and
other Alaska office closures and alterations proposed by the
Senate.
Amendment No. 88: Modifies language proposed by the
Senate governing the use of national forest system funds for
the construction of facilities costing no more than $250,000 to
require the advance approval of the House and Senate Committees
on Appropriations following established reprogramming
procedures. The House had no similar provision.
wildland fire management
Amendment No. 89: Appropriates $584,707,000 for wildland
fire management instead of $591,715,000 as proposed by the
House and $582,715,000 as proposed by the Senate. The managers
agree that $4,000,000 should be used from the fire operations
activity for the new fire science and management program to
work closely with the similar program at the Department of the
Interior.
reconstruction and construction
Amendment No. 90: Appropriates $166,045,000 for
reconstruction and construction instead of $154,522,000 as
proposed by the House and $155,669,000 as proposed by the
Senate. Increases above the House allowance for recreation
roads include $1,000,000 for the Hamma Hamma road in Washington
and $800,000 for the Trappers Loop Connector road in Utah.
The managers agree to the following distribution of
funds:
Project Amount
Facilities construction:
Research:
Inst. Pacific Islands Forestry (HI)..................... $360,000
Request projects........................................ 2,377,000
--------------------------------------------------------
____________________________________________________
Subtotal: Research................................ 2,737,000
========================================================
____________________________________________________
Fire, Admin., other:
Boulder Ranger District (CO)............................ 1,000,000
Grey Towers Nat. Historic Site (PA)..................... 2,300,000
Oakridge RD station reconstruction (OR)................. 4,000,000
Wayne NF supervisor's office (OH)....................... 500,000
Seward RD interagency center (AK)....................... 100,000
Request projects........................................ 8,196,000
--------------------------------------------------------
____________________________________________________
Subtotal: FAO..................................... 16,096,000
========================================================
____________________________________________________
Recreation:
Badin Lake campground (NC).............................. 1,000,000
Barton Flats group campground rehab (CA)................ 640,000
Chilowee campground rehab (TN).......................... 500,000
Choctaw RD visitor contact center (OK).................. 445,000
Cradle of Forestry (NC)................................. 1,700,000
Franklin County Dam (MS)................................ 1,000,000
Klahowya campground water system (WA)................... 50,000
Lake Isabella rehabilitation projects................... 250,000
Lee Canyon, Tahoe Meadows (NV).......................... 427,000
Midewin National Tallgrass Prairie (IL)................. 1,600,000
Nantahala NF rehabilitation projects (NC)............... 400,000
Oklahoma equestrian projects............................ 205,000
Olympic NF campgrounds (WA)............................. 150,000
Pikes Peak Summit House (CO)............................ 1,000,000
Sawtooth NRA Harriman trail structure (ID).............. 100,000
Spruce Knob repairs (WV)................................ 80,000
Upper Ocoee corridor (TN)............................... 200,000
Waldo Lake rehabilitation (OR).......................... 550,000
Winter Olympic Games 2002 (UT).......................... 1,214,000
Request projects........................................ 20,312,000
--------------------------------------------------------
____________________________________________________
Subtotal: Recreation.............................. 31,823,000
========================================================
____________________________________________________
Total facilities construction..................... 50,656,000
========================================================
____________________________________________________
Trails Construction:
Continental Divide Trail (CO)........................... 750,000
Palmetto Trail (SC)..................................... 125,000
Sawtooth NRA Harriman Trail (ID)........................ 300,000
Steigerwald Lake (WA)................................... 150,000
Taft Tunnel (ID)........................................ 750,000
Tonopah N/S trailhead (NV).............................. 20,000
Request projects........................................ 25,200,000
--------------------------------------------------------
____________________________________________________
Total Trails Construction......................... 27,295,000
========================================================
____________________________________________________
Road Construction:
Road type:
Timber Roads............................................ 47,400,000
Recreation Roads........................................ 27,400,000
General Purpose Roads................................... 13,294,000
--------------------------------------------------------
____________________________________________________
Total Road Construction........................... 88,094,000
========================================================
____________________________________________________
Total all construction............................ 166,045,000
The managers understand that the Forest Service and the
National Park Service have agreed to build and jointly occupy a
multi-agency facility for administration, operations, and
visitor contact in Utah at Timpanogos Cave National Monument
and Unita National Forest, Pleasant Grove ranger district. The
managers support these cooperative efforts so long as they
result in greater efficiency and better public service. The
managers have provided funds elsewhere to the National Park
Service for planning and design of this project. The managers
expect the Forest Service to include an equal share of total
construction costs in its fiscal year 1999 budget submission.
The managers have included a total of $100,000 in the fire,
administrative and other facilities activity for planning
assistance to the new interagency facility in Seward, AK. More
detailed instructions for the Seward/Kenai Fjords NP facility
are provided under the National Park Service construction
account in this statement.
Amendment No. 91: Deletes language proposed by the Senate
earmarking $800,000 for the Trappers Loop Connector Road in the
Wasatch-Cache National Forest. The House had no similar
provision. Funding for the Trappers Loop Connector Road is
included in the Forest Service reconstruction and construction
account.
Amendment No. 92: Deletes language proposed by the House
and stricken by the Senate providing that not to exceed
$25,000,000 remain available until expended for the
construction of forest roads by timber purchasers. The managers
support the instructions regarding timber purchaser road
credits proposed by the Senate.
land acquisition
Amendment No. 93: Appropriates $52,976,000 for land
acquisition instead of $45,000,000 as proposed by the House and
$49,176,000 as proposed by the Senate. The managers agree to
the following distribution of funds:
Project Amount
Appalachian Trail....................................... $3,000,000
Arapaho (Wedge), CO..................................... 350,000
California wilderness................................... 1,500,000
Chattooga watershed, GA-NC-SC........................... 1,000,000
Cleveland (Rutherford Ranch), CA........................ 1,000,000
Columbia River Gorge, WA................................ 8,000,000
Daniel Boone & Red Bird, KY............................. 1,000,000
Gallatin (Yellowstone), MT.............................. 1,500,000
Green Mt. (Taconic Crest and Vermont Rivers), VT........ 2,000,000
Hossier, IN............................................. 500,000
Jefferson (Guest River Gorge), VA....................... 300,000
Lake Tahoe, NV-CA....................................... 900,000
Los Padres (Big Sur), CA................................ 1,000,000
Michigan Lakes & Streams................................ 250,000
Missouri Ozark Mt. Streams.............................. 500,000
Mt. Baker (Skagit), WA.................................. 700,000
Nantahala (Thompson River), NC.......................... 1,200,000
New Mexico Forests...................................... 750,000
Ouachita (Cossotot River), AR........................... 500,000
Ozark (Richland Creek), AR.............................. 326,000
Pacific NW Streams...................................... 2,500,000
San Bernardino, CA...................................... 2,000,000
Sawtooth, ID............................................ 1,800,000
Sumter (Lake Jocassee), SC.............................. 3,250,000
Uinta (Bonneville shoreline trail), UT.................. 500,000
White Mt. (Lake Tarleton), NH........................... 2,650,000
White River (Warren Lakes), CO.......................... 700,000
Wisconsin Wild Waterways................................ 2,000,000
Acquisition management.................................. 7,500,000
Cash equalization....................................... 1,800,000
Wilderness protection................................... 500,000
Emergency acquisitions.................................. 1,500,000
--------------------------------------------------------
____________________________________________________
Total............................................. 52,976,000
cooperative, work, forest service
Amendment No. 94: Appropriates no funding for cooperative
work, Forest Service as proposed by the Senate instead of
$128,000,000 as proposed by the House.
administrative provisions, forest service
Amendment No. 95: Deletes language proposed by the Senate
exempting Alaska relocations and closures from the requirement
to obtain consent from the House and Senate Committees on
Appropriations. The House had no similar provision.
Amendment No. 96: Earmarks $2,250,000 for Federal
financial assistance to the National Forest Foundation instead
of $2,000,000 as proposed by the House and $2,500,000 as
proposed by the Senate.
Amendment No. 97: Earmarks a maximum of $750,000 for
administrative expenses of the National Forest Foundation
instead of $500,000 as proposed by the House and $1,000,000 as
proposed by the Senate. The managers understand the initial
delays during the establishment of the Foundation and encourage
the Foundation to work strenuously to fulfill its authorized
purpose and to reduce its future dependence on Federal funds
for administrative support.
Amendment No. 98: Modifies language proposed by the
Senate regarding reorganization and funding of the Forest
Service regional office in Alaska. The House had no similar
provision.
The managers note that the Tongass National Forest Land
Management Plan reduces the timber allowable sale quantity. It
is presumed that the Forest Service will tailor its workforce
and organization appropriately. The managers are very concerned
about the appearance that expenditures for regional office
operations and centralized field costs have risen significantly
as a proportion of annual appropriated funds since 1993. The
managers recognize that the reduced timber volume offered under
this plan will create economic hardships for local communities
and that imbalanced distribution of remaining Federal jobs and
spending in the region may compound those hardships.
Accordingly, the managers expect the regional forester to
conduct a regional work load study and to develop a workforce
plan that ensures high levels of customer service throughout
the region, preserves the regional headquarters in Alaska,
evaluates the need to consolidate and/or relocate offices,
including relocating the regional office to Ketchikan, makes
limited use of centralized support activities from other
regions or agencies, and provides for implementation by January
1, 2000. Further, the managers expect the workforce plan to
reflect the full participation of affected Southeast Alaska
communities and to include a community by community assessment
of economic impacts and the rationale used by the regional
forester to distribute Federal jobs under the workforce plan.
The managers expect that the workforce plan will emphasize
retention of experienced personnel for accomplishment of
Southeast Alaska's multiple-use resource management mission,
will make maximum use of local hiring authority, and will be
submitted to House and Senate committees with jurisdiction by
March 1, 1998, for review and further guidance, if warranted.
Any expenditures at the regional office in excess of
$17,500,000 from the funds provided to the regionshall be
preceded by a 60-day notification to the House and Senate Committees on
Appropriations.
Department of Energy
fossil energy research and development
Amendment No. 99: Appropriates $362,403,000 for fossil
energy research and development instead of $313,153,000 as
proposed by the House and $363,969,000 as proposed by the
Senate. Increases to the amount proposed by the House include
$650,000 in coal research to complete the hospital waste
project at the veterans hospital in Lebanon, PA; $48,650,000 in
natural gas research, of which $45,000,000 is for advanced
turbine systems (rather than consolidating all turbine research
in the energy conservation account as proposed by the House),
$1,000,000 in the gas to liquids program is for alternative
cost shared technology needed to foster the commercialization
of ceramic membrane processes, $650,000 is for technology
development, and $2,000,000 is for fuel cell systems; $350,000
in oil technology, of which $250,000 is for the northern mid-
continent digital atlas and $100,000 is for environmental
compliance; and $800,000 for cooperative research and
development. Decreases to the House proposed level include
$1,000,000 for laboratory/industry partnerships and $200,000
for the risk assessment and groundwater protection data base,
both in the oil technology program.
The mangers agree to the following:
1. The $3,000,000 included above the budget request
relating to the new PM 2.5 air quality regulations is for data
monitoring and development of cost effective control
technologies or source production science.
2. The amount provided for fuel cell research assumes
that at least an additional $6,000,000 will be made available
from the fiscal year 1998 National Security appropriation
(Army) for molten carbonate fuel cells; the Department should
work with the Defense Department/Army to ensure those funds are
transferred appropriately.
3. No assumption is made with respect to downselecting
from 3 to 2 contractors in the fuel cell program; the
Department of Energy should base its decision on available
funding and the merits of the 3 existing projects and report to
the Committees on that decision.
4. Project funds for the cooperative research and
development program should be distributed equally between the
participating sites.
5. No additional funds have been provided for the Gypsy
field project in oil technology because the Committees have
been assured by the Department that sufficient funds are
available for the project through fiscal year 1998.
The managers are aware of the Department's request for
proposals relating to new fuel cell research. While not
directing the fossil energy program to cancel the RFP, the
managers are concerned about the potential outyear costs of new
initiatives and expect the Department to proceed cautiously in
that regard. The managers understand that the RFP is for
studies only and that these studies relate to the strategic
plan recently developed by the Federal Energy Technology
Center.
alternative fuels PRODUCTION
(INCludinG TransfER OF FunDs)
The managers are aware of a proposed pipeline from the
Great Plains Gasification Plant in North Dakota to an oil field
in Saskatchewan, to provide CO<INF>2</INF> for enhanced
recovery of oil. The managers believe that such a pipeline
should have a positive effect on the long term stability of the
plant and should provide further assistance of payments to be
made to the Department from the Great Plains operation over the
next 7 years. Therefore, the managers do not object to
modifying the existing trust agreement with Dakota Gasification
Company (DGC) to: (1) provide DGC a loan up to a maximum of
$12.5 million subject to confirmation that the balance of
funding for the CO<INF>2</INF> project has been committed; (2)
provide such a loan at an interest rate equal to the average
rate of other loans for the project acquired by DGC; and (3)
secure such loan for the benefit of the Federal Government on
terms and conditions equivalent to those agreed to by the other
lenders.
navAL PETROLEum and OIL SHalE ReSeRVes
Amendment No. 100: Appropriates $107,000,000 for the
Naval petroleum and oil shale reserves as proposed by the
Senate instead of $115,000,000 asproposed by the House. The
decrease below the amount proposed by the House is for operations at
the Elk Hills Reserve.
The managers agree that unexpended balances and other
available assets and resources may be used for the purpose of
privatizing the Rocky Mountain Oilfield Test Center. The Center
should be fully privatized no later than fiscal year 2001.
The managers do not object to the recent reprogramming
request to realign funds to complete the Elk Hills sale and
equity determinations at the Elk Hills Reserve. The managers
have agreed to this reprogramming with the understanding that
this realignment of funds is needed to ensure that the taxpayer
receives the best possible price for the reserve when a sale is
consummated.
The managers make no assumption with respect to the sale
price of the Elk Hills Reserve. The managers expect the
Department to ensure that it receives fair value for the
taxpayer in consummating the sale.
energy conservation
Amendment No. 101: Appropriates $611,723,000 for energy
conservation instead of $644,766,000 as proposed by the House
and $629,357,000 as proposed by the Senate. Increases to the
amount proposed by the House include $4,235,000 for building
technology, of which $1,535,000 is for the home energy rating
system, $100,000 is for advanced desiccant technology, $500,000
is for Energy Star, $100,000 is for highly reflective surfaces,
$750,000 is for codes and standards, $1,000,000 is for the
weatherization assistance program, and $250,000 is for State
energy program grants; $2,797,000 for the industry sector, of
which $300,000 is for forest and paper products, $333,000 is
for steel, $674,000 is for aluminum, $990,000 is for metal
casting, $200,000 is for motor challenge, and $300,000 is for
management; and $11,875,000 for transportation of which
$350,000 is for clean cities, $575,000 is for infrastructures,
systems, and safety, $100,000 is for EPACT replacement fuels,
$350,000 is for vehicle field test and evaluation, $500,000 is
for systems optimization, $500,000 is for electric vehicles,
$2,500,000 is for hybrid propulsion, $1,000,000 is for high
power energy storage, $4,000,000 is for fuel cell research and
development, and $2,000,000 is for light weight materials.
Decreases to the amount proposed by the House include
$2,500,000 in building technology of which $200,000 is for
industrialized housing, $100,000 is for hi-cool heat pump,
$800,000 is for VHF light sources, $400,000 is for volume
purchases, $300,000 is for roofs, walls, and foundations,
$100,000 is for electrochromic research, and $600,000 is for
State and local grants management; $46,600,000 for industry
sector programs of which $1,000,000 is for chemicals,
$45,000,000 is for utility turbine programs (funded in the
fossil energy account), $400,000 is for the national industrial
competitiveness through energy, environment, and economics
(NICE\3\) program, and $200,000 is for inventions and
innovations; $2,800,000 for transportation which is for high
efficiency engine research and development; and $50,000 in
policy and management for information and communications.
The managers agree to the following:
1. Of the funds provided for the home energy rating
system, at least $250,000 should be set aside for new States.
The Department should report to the Committees as soon as
possible on plans to phase out the existing 7 pilot States and
the procedures under which new States will be considered for
participation in the program.
2. The Energy Star program should be carefully examined
in the context of reorganizing and streamlining the buildings
program. Marketing efforts should be left to the private sector
to fund.
3. In the transportation program, the Department should
consider using the gas utilization expertise at the University
of Oklahoma to the extent that it fits within program
priorities and enhances program goals.
4. No funds are provided to initiate a pre-college
student vehicle competition program.
5. No funds should be redirected from program funding
provided by the Congress unless specifically identified in the
budget request or in the Committee reports. Any funding
realignments are subject to the reprogramming guidelines
contained in the front of House Report 105-163 and Senate
Report 105-56.
The managers recognize the economic and environmental
benefits that could be realized from successful development of
an energy efficient and environmentally benign coke making
process. Such a technology could help achieve the environmental
goals of this Nation, enhance the internationalcompetitiveness
of the U.S. steel industry and contribute to improved energy efficiency
in the steel industry. Because of the significant potential
environmental and energy efficiency benefits, the managers encourage
the Department to pursue the development of such a technology, either
in the energy conservation program or the fossil energy research and
development program, with at least a 50 percent cost share from
industry.
Amendment No. 102: Earmarks $155,095,000 for energy
conservation grant programs instead of $153,845,000 as proposed
by the House and $160,100,000 as proposed by the Senate.
Amendment No. 103: Earmarks $124,845,000 for
weatherization assistance grants instead of $123,845,000 as
proposed by the House and $129,000,000 as proposed by the
Senate.
Amendment No. 104: Earmarks $30,250,000 for State energy
conservation grants instead of $30,000,000 as proposed by the
House and $31,100,000 as proposed by the Senate.
strategic petroleum reserve
(including transfer of funds)
Amendment No. 105: Appropriates $207,500,000 for
operation of the strategic petroleum reserve as proposed by the
Senate instead of $209,000,000 as proposed by the House and
stipulates that these funds are to be repaid from the sale of
SPR oil as proposed by the House rather than potential
repayment using excess receipts from the sale of the Elk Hills
Naval Petroleum Reserves as proposed by the Senate.
energy information administration
Amendment No. 106: Appropriates $66,800,000 for the
Energy Information Administration as proposed by the House
instead of $62,800,000 as proposed by the Senate.
administrative provisions, department of energy
Amendment No. 107: Makes a technical correction as
proposed by the Senate to correct the public law citation for
the Energy Policy Act of 1992.
The managers note that the Department of Energy,
especially in the energy conservation program activity, has
been lax in following the reprogramming guidelines prescribed
by the Committees. The managers expect the Department to adhere
strictly to those guidelines in fiscal year 1998 and
thereafter. Quarterly reporting of accounting data is no longer
sufficient.
Department of Health and Human Services
Indian Health Service
Indian Health Services
Amendment No. 108: Appropriates $1,841,074,000 for Indian
health services instead of $1,829,008,000 as proposed by the
House and $1,958,235,000 as proposed by the Senate. Changes to
the amount proposed by the House include increases of
$5,036,000 for fixed costs in the hospital and clinic programs
and a $3,000,000 program increase for the diabetes program;
$480,000 for fixed costs in dental health, $245,000 for fixed
costs in the mental health program, $105,000 for fixed costs in
the alcohol and substance abuse program, $27,000 for fixed
costs and a $2,000,000 program increase in contract care,
$204,000 for fixed costs in public health nursing, $77,000 for
fixed costs in health education, $1,000 for fixed costs for
community health representatives, $11,000 for fixed costs for
urban health, $27,000 for fixed costs and a $400,000 program
increase in Indian health professions for the Indians in
psychology program, $462,000 for fixed costs in direct
operations, and $9,000 for fixed costs for self governance. A
decrease of $18,000 below the proposed House level is applied
to contract support costs related to a transfer of funds to the
facilities account.
Within the $400,000 increase for the Indians in
psychology program, $200,000 is earmarked for the University of
Montana.
Amendment No. 109: Earmarks $361,375,000 to remain
available for two fiscal years for contract medical care
instead of $359,348,000 as proposed by the House and
$362,375,000 as proposed by the Senate.
Amendment No. 110: Deletes the Senate earmark for the
Office of Navajo Uranium Workers and inserts language placing a
cap of $168,702,000 on contract support costs in the Indian
Health Service, services account. The House had no similar
provision.
indian health facilities
Amendment No. 111: Appropriates $257,538,000 for Indian
health facilities instead of $257,310,000 as proposed by the
House and $168,501,000 as proposed by the Senate. Changes to
the amount proposed by the House include increases of $100,000
for the Montezuma Creek health clinic in Utah, $40,000 for
fixed costs for sanitation facilities and $588,000 for fixed
costs for facilities and environmental health support; and a
decrease of $500,000 for modular dental units. Bill language
related to the environmental health and facilities support
activities included in the House bill but stricken in the
Senate bill is retained.
The managers understand that additional funds may be
necessary to complete design for three health facility projects
that are in the preconstruction phase, and encourage IHS, HHS
and OMB to include funding in the fiscal year 1999 budget
submission to complete design for the Winnebago Hospital, NE,
and the outpatient facilities at Parker, AZ, and Pinon, AZ.
In the fiscal year 1994 Interior Appropriations
conference report, the managers agreed that the $465,000
unobligated balance remaining from the Phoenix area regional
youth treatment center project was to be used for planning and
construction of a satellite facility at an alternate site in
Nevada. The managers are concerned about delays in reaching
agreement on the issues associated with further progress on
this project, and urge the IHS to work with the Washoe Tribe.
The managers are aware of the Washoe Tribe's proposal to locate
this facility in Gardnerville, Nevada, which has been
determined as the alternate site for the treatment center, and
encourage IHS to reach closure with the tribe so that services
can be provided as soon as possible.
administrative provisions, indian health service
Amendment No. 112: Strikes House language and inserts
Senate language on the disposition of funds for transferred
functions which tribal contractors no longer wish to retain.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
Amendment No. 113: Appropriates $15,000,000 for salaries
and expenses of the Office of Navajo and Hopi Indian Relocation
as proposed by the Senate instead of $18,345,000 as proposed by
the House.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
Amendment No. 114: Appropriates $4,250,000 for payment to
the Institute of American Indian and Alaska Native Culture and
Arts Development instead of $3,000,000 as proposed by the House
and $5,500,000 as proposed by the Senate.
The managers agree that fiscal year 1999 will be the last
year Federal funding will be provided.
Smithsonian Institution
salaries and expenses
Amendment No. 115: Appropriates $333,408,000 for salaries
and expenses of the Smithsonian Institution instead of
$334,557,000 as proposed by the House and $333,708,000 as
proposed by the Senate. The difference from the amount proposed
by the House consists of decreases of $138,000 for museums and
research institutes and $1,011,000 for facilities services,
which includes a reduction of $300,000 for utilities.
repair and restoration of buildings
Amendment No. 116: Appropriates $32,000,000 for repair
and restoration of buildings as proposed by the Senate instead
of $50,000,000 as proposed by the House.
construction
Amendment No. 117: Appropriates $33,000,000 for
construction as proposed by the Senate. The House proposed no
funding. This amount includes $4,000,000 to complete funding
for planning and design of the Dulles extension of the National
Air and Space Museum and $29,000,000 to begin thefirst phase of
construction for the National Museum of the American Indian Mall
Museum.
National Gallery of Art
repair, restoration and renovation of buildings
Amendment No. 118: Appropriates $6,192,000 for repair,
restoration and renovation of buildings instead of $6,442,000
as proposed by the House and $5,942,000 as proposed by the
Senate. The reduction from the House level is to be taken from
the increase provided for backlog maintenance needs.
Woodrow Wilson International Center for Scholars
salaries and Expenses
Amendment No. 119: Appropriates $5,840,000 for salaries
and expenses of the Woodrow Wilson International Center for
Scholars as proposed by the Senate instead of $1,000,000 as
proposed by the House. The managers agree to the following
distribution of funds:
Fellowships................................................... $920,000
Scholar support............................................... 634,000
Public service................................................ 1,516,000
Administration................................................ 1,247,000
Smithsonian fee............................................... 139,000
Conf./Outreach................................................ 909,000
Space......................................................... 475,000
The managers remain concerned about the serious
deficiencies in the Center's management and organization as
outlined in the National Academy of Public Administration
(NAPA) review. That review outlined 27 specific recommendations
for corrective action. The managers will continue to monitor
carefully the Center's progress in addressing the critical
recommendations, including establishing a clearly defined
mission, improving the process for selecting fellows and
involving them in relevant debates on public policy issues, and
improving the connection between the Center's fellows and the
public programs. To that end the Inspector General also has
been asked to oversee the Center's implementation of the NAPA
recommendations and report to the Committees.
While the managers are encouraged that there have been
changes in the management of the Center, and an Interim
Director has been named to oversee the day-to-day operations of
the Center, they also strongly encourage the Center's Board to
take a more active role in guiding the Center. The managers
also strongly encourage the search committee to expedite the
search for a new Director. The Center should keep the goal of
bridging the gap between the worlds of scholarship and public
policy in the forefront of its mission and increase the
interaction between the fellows, the programs and the public
policy makers.
In allocating funds provided to the Center, the managers
have sought to help implement one of the NAPA recommendations
by deciding a greater portion of appropriated funds to public
service programs.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
Grants and Administration
Amendment No. 120: Inserts a heading for the National
Endowment for the Arts as proposed by the Senate. The NEA was
not included in House bill.
Grants and Administration
Amendment No. 121: Appropriates $81,240,000 for grants
and administration of the National Endowment for the Arts
instead of $83,300,000 as proposed by the Senate and no funding
as proposed by the house. The managers support the Senate
position which states that the disagreements surrounding
funding for the arts should be addressed through the
authorizing process during this Congress. However, the managers
have agreed to provide funding for fiscal year 1998 with
several additional reforms. The managers agree to increase the
State grants plus the State set-aside to 40% of total grants,
including matching grants, consistent with authorizing
legislation under consideration by the Senate. Legislative
language is also included in Title III limiting total grant
funding awarded in any single State to 15 percent of the annual
allocation of all grants. Grants which are determined to have a
national impact or are awarded to groups that tour several
States are excluded from this calculation, and the NEA should
award such grants through the establishment of a new grant
category. The managers have also included language providing a
priority to activities thatencourage public knowledge,
education, understanding and appreciation of the arts and have agreed
that the Endowment should stress service to underserved populations.
The conference agreement also reduces the size of the National Council
of the Arts, but adds 6 Members of Congress to the Council.
The managers have agreed to $31,822,000 for program
grants instead of $37,435,000 as proposed by the Senate. The
conference agreement provides $25,486,000 for State grants
instead of $22,250,000 as proposed by the Senate and $6,952,000
for the State set-aside instead of $6,069,000 as proposed by
the Senate. The managers also encourage the NEA to consider
carefully the merits of various non-professional grant
applicants when making awards and to not award grants only to
professionals. The managers have agreed to a reduction of
$566,000 for administration compared to the level proposed by
the Senate and agree that further administrative streamlining
may be warranted in future years. The NEA should develop a
proposed structuring of the administrative budget of the agency
that more accurately reflects the Endowment's various functions
and activities, such as executive direction, costs for grant
review by NEA, panel review and Council costs, outreach,
computers, policy and planning and other elements funded from
administrative dollars. Other NEA issues are discussed under
Amendments No. 139, 140 and 156.
matching grants
Amendment No. 122: Appropriates $16,760,000 for NEA
matching grants as proposed by the Senate instead of zero as
proposed by the House.
National Endowment for the Humanities
Grants and Administration
Amendment No. 123: Appropriates $96,800,000 for grants
and administration of the National Endowment for the Humanities
as proposed by the Senate instead of $96,100,000 as proposed by
the House. The agreement includes $700,000 above the House
level as proposed by the Senate for fixed cost increases.
Institute of Museum and Library Services
office of museum services
Grants and Administration
Amendment No. 124: Appropriates $23,280,000 for grants
and administration of the Office of Museum Services instead of
$23,390,000 as proposed by the House and $22,290,000 as
proposed by the Senate. Program funds are provided to support
the following activities: $16,060,000 for operations;
$3,130,000 for conservation; $2,200,000 for services to the
profession; and $1,890,000 for administrative costs. From
services to the profession, the managers provide $1,000,000 for
National Leadership Projects that are collaborative museum/
library endeavors.
Commission of Fine Arts
national capital arts and cultural affairs
Amendment No. 125: Appropriates $7,000,000 for National
capital arts and cultural affairs grants as proposed by the
Senate instead of $6,000,000 as proposed by the House.
Advisory Council on Historic Preservation
Salaries and Expenses
Amendment No. 126: Appropriates $2,745,000 for salaries
and expenses of the Advisory Council on Historic Preservation
as proposed by the Senate instead of $2,700,000 as proposed by
the House.
National Capital Planning Commission
Salaries and Expenses
Amendment No. 127: Appropriates $5,740,000 for salaries
and expenses of the National Capital Planning Commission (NCPC)
as proposed by the Senate instead of $5,700,000 as proposed by
the House. The managers agree that the Commission should
participate in the operation of the Washington Geographic
Information System project. However, the managers do not intend
for the NCPC to become the primary operator of this system nor
should funds appropriated under this Act be used to promote
that purpose. If funds are available from other sources, the
NCPC is encouraged to apply its special planning expertise to
the project and collaborate in the operation of such a system.
TITLE III--GENERAL PROVISIONS
Amendment No. 128: Modifies language proposed by the
House and stricken by the Senate continuing the moratorium on
the use of funds for preparing, promulgating, implementing or
enforcing interim or final rules or regulations dealing with
the management of subsistence fishing in Alaska waters. The
modification continues the moratorium through December 1, 1998,
and amends the Alaska National Interest Lands Conservation Act.
The language contains four subsections. Subsection (a)
prohibits the Federal government from asserting jurisdiction,
management or control prior to December 1, 1998, over the
navigable waters transferred to the State of Alaska pursuant to
the Submerged Lands Act or Alaska Statehood Act.
Subsection (b) amends the Alaska National Interest Lands
Conservation Act (ANILCA) in a number of ways. Subsection (2)
clarifies that the term ``Federal land'' in ANILCA does not
include lands owned by the State of Alaska, or Native
Corporations or other private owners. Neither subsection (2)
nor any other provision of this section overturns, or shall be
construed to overturn the decision of the Ninth Court of
Appeals in State of Alaska v. Babbitt (73 F.3d 698) (commonly
known as the Katie John case).
Subsection (c) contains a savings clause specifying that
neither this section nor amendments made by this section in any
way affect assertions of Native governmental authority over
lands or persons, the existence or nonexistence of Indian
country, whether or not ANILCA is Indian Law, or the Secretary
of the Interior's authority under section 1314(c) of ANILCA.
Subsection (d) specifies that amendments made by
subsection (b) shall only be effective for the purposes of
determining whether the State of Alaska's laws provide for the
definition, preference, and participation required in sections
803, 804, and 805 of ANILCA, including as amended by this
section, unless and until laws are adopted in the State of
Alaska which provide these things. Subsection (d) specifies
that the amendments made to ANILCA by subsection (b) will be
repealed on December 1, 1998, unless such laws are adopted in
Alaska by December 1, 1998.
Amendment No. 129: Deletes language proposed by the House
and stricken by the Senate regarding the export of timber from
the western United States and inserts language making a
technical correction to the Hudson River Valley National
Heritage Area legislation.
Amendment No. 130: Modifies language proposed by the
House and modified by the Senate regarding funding for the
office of western director and special assistant to the
Secretary of Agriculture to provide that funding from this Act
for the office is allowed up to the amount provided from this
appropriation in fiscal year 1997.
Amendment No. 131: Retains language proposed by the House
limiting competition on watershed restoration contracts for the
``Jobs in the Woods'' component of the President's Forest Plan
for the Pacific Northwest in fiscal year 1998. The Senate
proposed making the provision permanent.
Amendment No. 132: Modifies language proposed by the
House and stricken by the Senate which permits all fees
collected through the recreation fee demonstration program to
be used by the collecting agency. The modification adds
language stipulating that the National Park Service should pay
administrative costs for collecting fees from the funds that
are retained by each collecting unit.
Amendment No. 133: Modifies House language as proposed by
the Senate limiting the use of recreation fees to construct
visitor centers or other permanent structures, to permit such
construction if the total estimated cost does not exceed
$500,000.
Amendment No. 134: Modifies language proposed by the
House and stricken by the Senate on the Interior Columbia River
Basin. The modified language instructs the Secretaries of
Agriculture and the Interior concerning the Interior Columbia
River Basin draft environmental impact statements (DEIS). The
managers remain extremely concerned about the huge cost and
time involved in this project, but the managers want to see the
project come to a conclusion. The managers also are concerned
that additional social and economic analyses are required and
that the Administration has not been forthcoming regarding the
potential impacts that the implementation of the projects may
eventually have on this large area of the West. The bill
language provides that the Secretaries will report to the
Congress on the estimated impacts of the proposed project. As a
result of the revised bill language concerning additional
analysis to be conducted for the projects, the managersexpect
that additional time will be required for public comment on the DEIS
but the managers do not specify a time for the comment period. However,
the managers expect the agencies to address fully the implementation of
these projects in their fiscal year 1999 budget justifications and
convey to the Congress a sense of the scope, impact and cost for
implementation.
Amendment No. 135: Deletes language proposed by the House
and inserts alternative language proposed by the Senate that
establishes a framework for Alaska native governance of the
Alaska Native Medical Center.
Amendment No. 136: Inserts language which modifies a
Senate provision precluding Alaska native villages from
entering into a compact or contract which would withdraw funds
out of the Alaska native regional health care corporations,
changes a date in the provision, and amends the Coast Guard
Authorization Act of 1996 to reflect a change in the use of
property transferred to a native village. The House had no
similar provision.
The managers have changed the effective date in this
section to permit an existing contract with the Indian Health
Service to be executed. The managers also have added a
subsection making changes in a land conveyance to the Ketchikan
Indian Corporation to reflect agreed to changes regarding the
use of the property.
Amendment No. 137: Amends language inserted by the House
and stricken by the Senate regarding the eviction of certain
people from property in Sleeping Bear Dunes National Lakeshore.
The revision allows the National Park Service to pursue such
evictions provided that 90 days notice is given and provided
that funds are available for the removal of the structures to
be vacated. Fair market value rates will be charged while any
occupancy continues beyond an expired reservation.
Amendment No. 138: Amends language included by the House
and stricken by the Senate to prohibit agencies funded in this
bill from expending funds for the nomination of sites under the
Man and Biosphere Program until legislation specifically
authorizing this program is enacted. With regard to both the
World Heritage and Man and Biosphere programs, the managers
agree that designation of U.S. sites under these programs cedes
absolutely no authority to the United Nations or other
international organizations, and should not be construed as
imposing any new land use restrictions on lands included in
either program. The managers further agree that agencies
involved in both of these programs should redouble efforts to
involve the public fully in deliberations over possible
designations.
Amendment No. 139: Includes language proposed by the
Senate restricting grant making to individuals, sub-granting,
and seasonal support by the National Endowment for the Arts.
The House had no similar provision.
Amendment No. 140: Inserts language proposed by the
Senate authorizing the National Endowment for the Arts and the
National Endowment for the Humanities to raise funds and
deposit them in special interest bearing accounts for future
use. The House had no similar provision. The managers believe
that it is appropriate to provide the agencies with this
ability, particularly in light of recent program reductions and
discussions within Congress to establish a supplemental
endowment fund. The managers intend that this new authority be
used to augment the Federal contribution to the endowments. The
managers also recognize that there is a potential for
traditional arts and humanities fundraising efforts to be
affected by NEA and NEH's use of this authority. Thus, the
endowments should seek to tap new sources of support for the
arts and humanities and not pursue a shift of private giving
from the non-Federal to the Federal arts and humanities
communities.
Amendment No. 141: Inserts language proposed by the
Senate providing for reciprocal delegations of authorities
between the Secretaries of the Interior and Agriculture for the
management of public lands and forests. The House had no
similar provision.
Amendment No. 142: Modifies language proposed by the
Senate concerning a limitation of funding for any activities
associated with national forest land management planning. The
modification allows those plans currently in the revision
process or under court order to proceed. The House had no
similar provision.
The managers agree that the forest planning regulations
which the Forest Service has written, but no implemented, are
long overdue. The managers are concerned that the Secretary's
decision to appoint a panel of scientists to study further the
land management planning process will result in continued and
unacceptable delay, and therefore the managers strongly urge
the Secretary to issue new rules in at least an interim form
while the panel conducts its review. The managers agree that a
final rule should be published promptly and that theforest
planning revision process should proceed in an orderly and efficient
manner so that forest plans reflect current social, economic and
resource conditions. Consequently, the managers have provided bill
language which requires that no funding for new forest plan revisions
be provided until a new rule is published. The new planning rule may be
either interim or final. National forests which published a Notice of
Intent to Revise their plan by October 1, 1997, or are court ordered,
are exempt from this restriction. The managers agree that national
forests may continue to amend existing forest plans following
established procedures.
Amendment No. 143: Modifies language proposed by the
Senate that prevents funding from being used to complete or
issue the five year program under the Forest and Rangeland
Renewable Resources Planning Act (RPA review). The House had no
similar provision.
The managers are concerned about the duplication between
the requirements for developing a strategic plan under the
Government Performance Results Act (GPRA) and the RPA review.
The managers encourage the Forest Service to work diligently to
make the GPRA process successful, and to more efficiently use
resources which otherwise may have been spent on the
duplicative RPA review.
Amendment No. 144: Modifies language proposed by the
Senate concerning cooperative agreements for watershed
restoration and enhancement by limiting the application of the
provision to fiscal year 1998 rather than making the provision
permanent as proposed by the Senate. The House had no similar
provision. The managers encourage the Forest Service to use
this authority carefully for new projects so that they do not
displace higher priority work on national forest system lands.
Amendment No. 145: Amends the Franklin Delano Roosevelt
commission statute (69 Stat. 694) as proposed by the Senate to
provide for the termination of the commission and for the use
of unexpended funds for maintenance, repair, interpretation,
and education. The House had no similar provision.
Amendment No. 146: Modifies language inserted by the
Senate concerning priority land exchanges within the White
Salmon Wild and Scenic River boundaries and within the Columbia
River Gorge National Scenic Area by limiting the Secretary's
authority to facilitate the transfers to September 30, 2000.
The Senate proposed permanent authority. The House had no
similar provision.
Amendment No. 147: Adjusts the boundaries of the
Wenatchee National Forest in Chelan County, Washington, as
proposed by the Senate. The House had no similar provision.
Amendment No. 148: Inserts language proposed by the
Senate restricting the use of funds by the Department of Energy
for the Center of Excellence for Sustainable Development
without the approval of the House and Senate Committees on
Appropriations. The House had no similar provision.
The managers are concerned that the Department of Energy
established the Center of Excellence for Sustainable
Development without justification and approval through the
budget process. The information provided in response to
Committee questions on the center has been slow in coming and
less than candid. The Committees will review the merits of this
program in the context of fiscal year 1999 budget priorities.
In the meantime the managers expect the Department to use the
funds and staffing devoted to this effort to work on the
programs approved in the fiscal year 1998 budget. The
Department should report to the Committees by October 30, 1997,
on how it intends to comply with this direction. The managers
caution the Department that incomplete and inaccurate
information in this regard is unacceptable. The managers
further expect the Department to disclose fully any other
instances in which programs have been started without approval
through the budget process. The fiscal year 1999 budget request
must clearly identify each program to be funded in the
appropriate activity. Initiatives by the Assistant Secretary
should be clearly identified and justified in the policy and
management account.
Amendment No. 149: Limits the use of funds to amend or
replace Bureau of Land Management regulations on surface mining
as proposed by the Senate. The House had no similar provision.
Amendment No. 150: Modifies language inserted by the
Senate conveying the Wind River Nursery site to Skamania
County, Washington, in exchange for approximately 120 acres of
county land. The House had no similar provision. The new
language authorizes the Secretary of Agriculture to negotiate
with Skamania County for the exchange of the Wind River Nursery
site for county owned lands in the Columbia River Gorge
National Scenic Area. During a two-year period ending September
30, 1999, the nursery is not to be conveyed to another party
and is to be maintained in a tenantable condition bythe Forest
Service. The exchange is to be for equal value, however, the Secretary
may accept services from the County in lieu of cash as the Secretary
deems appropriate and the County may make cash payments in installments
not to exceed a period of 25 years. The managers expect that future
agreements should protect natural, cultural and historic values, the
existing administrative sites, and a scenic corridor for the Pacific
Crest National Scenic Trail as well as the continued research on the
Wind River Experimental Forest and the T.T. Munger Research Natural
Area. If the Secretary and the County fail to reach an agreement on an
equal value exchange as defined in the section, the nursery site shall
remain under Forest Service ownership and be maintained by the Forest
Service in a tenantable condition.
Amendment No. 151: Deletes language inserted by the
Senate exempting residents in communities which receive lower-
than-authorized PILT payments from paying user fees under the
recreation fee demonstration program for the White Mountain
National Forest in New Hampshire and inserts language renaming
Walnut Creek NWR, IA as the Neal Smith National Wildlife
Refuge.
Amendment No. 152: Modifies language proposed by the
Senate restricting the use of funds for introduction of grizzly
bears in the Selway-Bitteroot area of Idaho and Montana and for
certain consultations under section 7(b)(2) of the Endangered
Species Act. The House had no similar provision. The
modification to the Senate language allows the Fish and
Wildlife Service to publish a Record of Decision on the
Environmental Impact Statement.
The managers understand that the Fish and Wildlife
Service will not introduce any grizzly bears into the Selway-
Bitteroot area in fiscal year 1998 and expect the Service to
continue and intensify its public outreach and consultation
efforts in the area.
Amendment No. 153: Modifies language proposed by the
Senate concerning increases in fees charged by the Forest
Service for recreation residence special use permit holders.
The modification provides that fee increases which are in
excess of 100% of the previous year's fees should be phased in
over a three-year period in equal annual installments. The
House had no similar provision.
Amendment No. 154: States the Sense of the Senate that
Civil War battlefields should be preserved and should be given
special priority in land acquisition. The House had no similar
provision.
Amendment No. 155: States the Sense of the Senate that
hearings should be conducted and legislation brought forward
during this Congress addressing the issues of Federal and
private sector funding for the arts and any needed
modifications to the current funding mechanism. The House had
no similar provision.
Amendment No. 156: Amends language proposed by the Senate
to include additional reforms to the National Endowment for the
Arts. The section provides, as proposed by the Senate, that the
Endowment should give priority in making grants and awards to
underserved populations. The House had no similar provision. In
addition, the conference agreement has added a provision that
gives priority to grants which encourage public knowledge,
education, understanding and appreciation of the arts. The
amendment also limits funding for any one State to no more than
15% of the total grants available during the fiscal year.
Grants with a national impact, or which are applicable to
several States, are exempted from the calculation.
Finally, the conference agreement revises the current
size and composition of the National Council of the Arts. The
reform reduces the total of Presidential appointments to the
Council from 26 to 14 and adds 2 Representatives appointed by
the Speaker of the House, 1 Representative appointed by the
Minority Leader of the House, 2 Senators appointed by the
Majority Leader of the Senate and 1 Senator appointed by the
Minority Leader of the Senate. To allow a smooth transition to
this new Council, existing members are allowed to serve out
their terms. Congressionally appointed members are to serve in
an ex officio capacity for two-year terms beginning in odd
numbered years; however, initial appointments shall be made by
December 31, 1997, with terms expiring December 31, 1998. The
managers agree that Congressional members of the Council shall
be non-voting on matters involving application review and grant
selection, but may provide advice and counsel on broader issues
of policy and procedure. As Presidentially appointed members'
terms expire, new members may not be appointed by the President
until the Council membership falls below 14. The managers
intend that the newly comprised Council work diligently with
the Chairperson of the NEA to foster public service that is
more sensitive to the needs and desires of the nation.
Amendment No. 157: Modifies language proposed by the
Senate directing the Forest Service to develop export policy
and procedures on the use of Alaskan western red cedar and
domestic processing. The House had no similar provision. The
managers are very concerned that Alaska western red cedar is
being exported despite significant domestic processing demand
within the contiguous United States. The new language specifies
conditions under which Alaska western red cedar will be made
available for domestic processors in the contiguous United
States at domestic rates. The managers are hopeful that these
changes will allow greater use of western red cedar from Alaska
in the contiguous 48 States. The managers have also included
language which specifies that Forest Service timber sale
accomplishments in Alaska will be based on volume sold and that
all Alaska yellow cedar may be sold at export rates at the
election of the timber sale holder. The managers direct the
Forest Service to implement this policy no later than January
1, 1999.
Amendment No. 158: Deletes Senate language providing that
$4,000,000 from previously appropriated emergency funds be used
for reconstructing the Oakridge Ranger Station in Oregon,
contingent upon a Presidential declaration and Congressional
designation of an emergency, and inserts language restricting
the use of funds for redevelopment of Pennsylvania Avenue.
Funding for reconstructing the Oakridge Ranger Station has been
included in the Forest Service reconstruction and construction
account.
The amendment inserts language prohibiting the
expenditure of any funds related to the redevelopment of
Pennsylvania Avenue, including planning, without prior approval
from the Committees. The managers believe that this project
should not be initiated in fiscal year 1998 without the
concurrence of Congress. The managers understand that this
project will cost some $40,000,000 and are not inclined to
provide additional resources at this time even for planning.
The managers also are concerned that funds previously expended
for planning on this project which were to be reimbursed by
other Federal agencies have never been repaid. Given the
significant backlog in critical repair and maintenance needs
that the National Park Service has identified, this project
should not commence until it has been carefully considered
against other National Park Service priorities.
Amendment No. 159: Limits the use of funds as proposed by
the Senate to implement guidelines or adjust plans for National
Forests in Arizona and New Mexico. The House had no similar
provision.
Amendment No. 160: Amends section 6901(2)(A)(i) of title
31, United States Code as proposed by the Senate to include
populations of cities within unorganized boroughs of Alaska for
the purposes of PILT. The House had no similar provision.
Amendment No. 161: Amends section 103(c)(7) of Public Law
104-333 as proposed by the Senate to provide for the
appointment and compensation of officers of the Presidio Trust.
The House had no similar provision.
TITLE IV
Amendment No. 162: Deletes language proposed by the House
and stricken by the Senate which would have established a
deficit reduction lock-box ledger in the Congressional Budget
Office and inserts language establishing an environmental
restoration fund.
The managers have agreed to establish an environmental
restoration fund with the interest accrued to such fund to be
used, subject to appropriation, to address deferred maintenance
needs of the Bureau of Land Management, the U.S. Fish and
Wildlife Service, the National Park Service and the Forest
Service; to provide for payments to the State of Louisiana and
its lessees for oil and gas drainage in the West Delta field;
and to carry out marine research activities in the North
Pacific. The fund is a modification of the National Parks and
Environmental Improvement Fund proposed by the Senate in
Amendment No. 81. The land acquisition element in the original
proposal has been removed.
TITLE V--PRIORITY LAND ACQUISITIONS, LAND EXCHANGES, AND MAINTENANCE
Amendment No. 163: Modifies language proposed by the
Senate that provides funding for priority land acquisitions and
exchanges. The House had no similar provision. The
modifications to the Senate language provide for a total fund
of $699,000,000 and make a portion of these moneys available
for critical maintenance needs.
The managers have provided funds for high priority land
acquisitions and exchanges as requested by the Administration
despite serious reservations about two particular
acquisitions--the Headwaters Forest in California and the Crown
Butte/New World Mine in Montana (near Yellowstone National
Park). Because of the many uncertainties surrounding these
acquisitions, the managers have agreed to bill language
outlining the specific requirements that must be met before the
acquisitions can be consummated.
The managers agree that legislation authorizing the
Headwaters Forest acquisition should require a current
appraisal, require a completed Environmental Impact Statement
on the habitat conservation plan, cap the Federal commitment at
the negotiated $250,000,000, address the issue of public access
and require that the State of California's $130,000,000 cost
share be available before release of the Federal funds. The
managers, at the request of the Administration, have agreed
that the Secretary of the Interior may issue an opinion of
value for the acquisition. The Secretary's opinion of value may
serve as the basis for the acquisition price but any difference
between the appraised value and the Secretary's opinion of
value should be explained in writing to the Committee on
Resources of the House of Representatives, the Senate Committee
on Energy and Natural Resources and the House and Senate
Committees on Appropriations.
Funding for the New World Mine acquisition is capped at
$65,000,000 and the managers believe this acquisition also
should have a current appraisal. The Secretary of Agriculture
may issue an opinion of value for the acquisition. The
Secretary's opinion of value may serve as the basis for the
acquisition price but any difference between the appraised
value and the Secretary's valuation should be explained in
writing to the Committee on Resources of the House of
Representatives, the Senate Committee on Energy and Natural
Resources and the House and Senate Committees on
Appropriations.
Both the Headwaters Forest appraisal and the Crown Butte/
New World Mine appraisal should conform to the Department of
Justice ``Uniform Appraisal Standards for Federal Land
Acquisitions'' and other applicable laws and regulations
governing Federal land acquisitions. The Comptroller General
must review both appraisals, including an examination of the
methodology and data used in conducting the appraisals. The
Comptroller General should submit the results of each of those
reviews to the appropriate Secretary and to the Committee on
Resources of the House of Representatives, the Senate Committee
on Energy and Natural Resources, and the House and Senate
Committees on Appropriations.
With respect to the remainder of the $699,000,000, the
managers have agreed to make these funds available with the
understanding that they will be used over the next four fiscal
years for high priority land acquisitions and exchanges, to
address the critical repair and restoration needs of the four
land management agencies, and for other purposes consistent
with the Land and Water Conservation Fund statute. The managers
agree to allocate the remaining $384,000,000 as follows:
$10,000,000 for a payment to Humboldt County, California as
part of the Headwaters Forest land acquisition; $12,000,000 for
repair and maintenance of the Beartooth Highway as part of the
Crown Butte/New World Mine land acquisition; and $272,000,000
to the Department of the Interior and $90,000,000 to the Forest
Service for other priority land acquisitions and critical
maintenance needs.
The Secretaries of Agriculture and the Interior should
submit requests for the use of the remaining land acquisition
and maintenance funds to the Committees for approval following
reprogramming procedures. The managers encourage the
Secretaries to emphasize the critical maintenance backlogs that
they have identified on the public lands, which total more than
$2 billion for the Forest Service and approximately $7 billion
for the land management agencies in the Department of the
Interior. Requests for additions to the public lands base
should be evaluated carefully, and priority should be given to
those acquisitions which complete a unit, consolidate lands for
more efficient management, or address critical resource needs.
The funds provided for a payment to Humboldt County and
the funds provided for repair and maintenance of the Beartooth
Highway are included because of the unusual circumstances
associated with the Federal acquisition of the Headwaters
Forest and the Crown Butte mining interests. The managers do
not intend Land and Water Conservation Fund moneys to be used
for these purposes in the future nor to imply that Federal land
acquisitions entitle local or State governments to mitigation
payments either from the Land and Water Conservation Fund or
from other sources.
Major Land Acquisitions--Authorization for Headwaters
Forest and Crown Butte Properties. Sections 501 through 504
authorize two land acquisitions requested by the
Administration, to be funded from the Land and Water
Conservation Fund--the Crown Butte acquisition in Montana and
the Headwaters Forest acquisition in California. The managers
have provided, in section 504, a 180-day review period during
which the authorizing committees will examine the issues
associated with these transactions and recommend any
appropriate changes tothe relevant statutory language contained
herein. The managers believe that it is appropriate that a more
measured and thorough review of these complex and costly acquisitions
be undertaken by the legislative committees of jurisdiction during the
180 day review period. The managers have agreed to allow amendments
that are reported from the authorizing committees within the 180 days
to be incorporated into the anticipated fiscal year 1998 supplemental
appropriations bill. That bill is expected to be available as early as
February 1998. After the 180 day review, if no modifications have been
enacted, the funds appropriated by this Act are authorized to be spent,
consistent with the requirements set forth in this title.
The managers are concerned that the government not pay
more than fair value for the Crown Butte and Headwaters Forest
properties. The managers expect that at least 30 days prior to
executing each of these transactions, the Secretary of
Agriculture, with respect to the Crown Butte acquisition, and
the Secretary of the Interior, with respect to the Headwaters
Forest acquisition, shall issue an opinion of value to the
Committee on Resources of the House of Representatives, the
Senate Committee on Energy and Natural Resources, and the
Committees on Appropriations of the House and Senate for the
land and property to be acquired by the Federal government in
each transaction. The respective Secretary is expected to
assume responsibility for the basis and accuracy of the
opinion.
Headwaters Forest. Subsection (a) of section 501 contains
the authority for up to $250 million to be spent for
acquisition of the Headwaters Forest and a clause ensuring that
any substantial expansion of the forest be specifically
authorized.
Subsection (b) makes the authorization effective until
March 1, 1999, consistent with the anticipated timetable for
completion of the Headwaters Forest Agreement. This leaves some
latitude for unforeseen delays while providing a date certain
for the transactions authorized. This subsection also makes the
authorization contingent on the following conditions: (1) the
State of California must provide its share of the cost, (2) the
State must approve the Pacific Lumber Company's sustained-yield
plan, (3) the Pacific Lumber Company must withdraw two
lawsuits, (4) an incidental take permit is issued by the U.S.
Fish and Wildlife Service and the National Marine Fisheries
Service, (5) there must be an appraisal, (6) to the extent the
purchase price is different than the appraised value, the
difference must be explained in writing to the Committee on
Resources of the House of Representatives, the Senate Committee
on Energy and Natural Resources and the House and Senate
Committees on Appropriations, (7) there must be a completed
environmental impact statement on the habitat conservation plan
and full compliance with the National Environmental Policy Act,
and (8) there must be adequate provision for public access. The
authorizing committees can examine the status of each condition
during the 180 day review period specified in section 504.
Subsection (c) permits the Headwaters Forest to be
acquired for a value which differs from the appraisal if the
Secretary of the Interior certifies in writing to Congress that
such action is in the best interest of the United States.
Subsection (d) contains provisions to facilitate issuance
of a Habitat Conservation Plan (HCP) based on sound science by
requiring the Secretary of the Interior and the Secretary of
Commerce to report to Congress on the scientific and legal
standards and criteria that will be used for developing the HCP
and the incidental take permit. The Endangered Species Act and
its implementing regulations outline the HCP standard for
listed species that are to be covered by an incidental take
permit. The governing standards for unlisted species (candidate
and non-candidate) that are to be covered by an incidental take
permit are identical to the standards for listed species. An
HCP provides assurances to a land owner for all species, both
listed and unlisted, that are covered by an incidental take
permit. The subsection also recognizes the uniqueness of the
Headwaters Forest HCP. Should the HCP and incidental take
permit not be approved, the agencies must report to the House
and Senate committees on why the proposals were not sufficient
to meet the applicable standards, and the statutory citations
therefor, indicated by the Secretary under subsection (d)(1).
This subsection does not change or waive any public review
through normal National Environmental Policy Act and Endangered
Species Act processes.
Subsection (e) directs a payment of $10,000,000 to
Humboldt County within 30 days of acquisition of the Headwaters
Forest. While the use of the funds by the county has no
limitation, the payment is to offset economic impacts to the
county government from the acquisition and to compensate the
county for enhanced public safety costs associated with the
controversy surrounding the Headwaters Forest.
Subsection (f) ensures that the Federal portion of the
Headwaters Forest is considered Federal land for purposes of
payments in lieu of taxes.
Subsection (g) limits the amount of Federal funds (above
the first $100,000) that can be used each year for managing the
Headwaters Forest to fifty percent of the total cost of
management. This will ensure that there will be cost-sharing
with other entities such as the State of California, charitable
trusts and conservation groups. Language authorizing acceptance
of donations is included to facilitate such cost-sharing. It is
anticipated that the State of California will assume its
proportional share of land management costs, but substantial
funds should come from charitable foundations and groups that
have favored acquisition of the Headwaters Forest. The
Administration has consistently maintained that Federal funding
needed for management of the Headwaters Forest will be minimal
and that the State of California will participate in funding
out-yearactivities associated with the acquired land. No
detailed dollar figures were provided by the Administration for
activities related to management of the forest. The authorized level of
funding for the Federal portion of the Headwaters Forest has been set
at $300,000, with an exception for law enforcement and emergencies.
During the 180 day review period, the Administration should submit its
financial plan for the Headwaters Forest to the authorizing and
appropriations committees so that the committees can evaluate whether
the authorized level of funding is appropriate.
Subsection (h) provides to the Secretary of the Interior,
with concurrence of the Governor of California, authority to
manage the Headwaters Forest in a trust. Because the property
will be acquired jointly by the State of California and the
United States, a trust arrangement allowing for management
participation by both parties through a board of trustees may
be a useful way to structure the relationship. This matter can
be considered further during the 180 day review period and
regularly thereafter.
Subsection (i) requires a concise management plan for the
Headwaters Forest by the Secretary of the Interior or the
Headwaters Trust once the Forest is acquired. The goals of the
management plan, as stated by the Administration, should be to
conserve and study the land, and the fish, wildlife and forests
occurring on such land, while providing recreation
opportunities, scientific study, and other management needs.
Bill language is included to make clear that the National
Environmental Policy Act (NEPA) applies to development and
implementation of the management plan, notwithstanding the
option to perform some of these functions through a trust. The
Administration has stated that NEPA analyses are being
developed for the proposed Headwaters Forest Habitat
Conservation Plan. The managers believe that the New World Mine
acquisition also must comply with NEPA requirements. The
managers expect the relevant documents to be completed prior to
consummation of each of these land acquisitions.
Subsection (j) provides the Secretary of the Interior
with the flexibility to develop cooperative arrangements with
the State of California for land management, allowing sharing
of goods, services, and personnel when it is mutually
beneficial and in the best interest of the United States.
Consistent with the final rule designating critical
habitat for the marbled murrelet, the managers understand that
when the HCPs are completed and incidental take permits for
marbled murrelets issued, critical habitat will be lifted from
the private landowners whose land is covered by the incidental
take permit.
Crown Butte Properties. Section 502 authorizes the
acquisition of land and interests in land that were to be used
for development of a mine in Montana, north of Yellowstone
National Park. The acquisition is to be made subject to the
following conditions: (1) a consent decree has been lodged in
the litigation regarding the cleanup of historical
contamination in the New World Mining District; (2) an
appraisal of the Crown Butte mining interests has been
completed and, to the extent the purchase price is different
than the appraised value, the difference must be explained in
writing to the Committee on Resources of the House of
Representatives, the Senate Committee on Energy and Natural
Resources and the House and Senate Committees on
Appropriations; and (3) the requirements of the National
Environmental Policy Act have been fulfilled.
The managers have also incorporated a provision from the
August 12, 1996 Agreement so that Crown Butte will place
$22,500,000 in an account to perform cleanup activities.
This section also authorizes a one-time appropriation of
$10,000,000 to make critical repairs to the Beartooth Highway,
which serves Yellowstone National Park, and a one-time
appropriation of $2,000,000 for snow removal and maintenance of
the road by the Department of Agriculture. These funds will
become available within 30 days of the acquisition of the Crown
Butte properties.
The managers expect the Secretary of Agriculture to work
with other Federal officials and with the appropriate officials
in the States of Montana and Wyoming on a long term solution
for repair and maintenance of the Beartooth Highway, including
the potential use of Federal highway funding. The managers
intend that the $12,000,000 provided in this conference
agreement be used on an interim basis, pending a long term
resolution. The managers do not object to the Department of
Agriculture entering into cooperative arrangements with the
Department of the Interior, or with other entities, to make the
most effective use of the funds provided for repair and
maintenance of the Beartooth Highway.
The managers expect the Administration to provide, to the
Committees and to the legislative committees of jurisdiction, a
letter with appropriate documentation verifying that Crown
Butte Mines, Inc. has obtained agreement from private property
owners whose interests are necessary to fulfill the Agreement.
This letter must be provided no later than 30 days prior to the
United States payment to Crown Butte Mines, Inc.
Section 503 provides for the transfer of $10 million in
Federal mineral assets to the State of Montana at such time as
the Crown Butte/New World Mine acquisition is consummated. The
negotiated acquisition of the New World Mine preempted the
usual NEPA and State permitting processes, which would have
provided a forum in which the significant impact of the
acquisition on State revenues could have been considered.
The managers expect the Secretary of the Interior, in
consultation with the Governor of Montana, to study potential
mineral resource development in Montana. This study
shouldfacilitate discussions between the State of Montana and the
Federal government regarding future coal and other mineral development
in Montana. The study should identify coal and other mineral assets
that may be appropriate for transfer to the State of Montana. The study
also should review opportunities for developing super compliance coal
which meets the standards of Phase II of the Clean Air Act; focus, in
particular, on development opportunities in the Ashland, Birney, Decker
area of Montana; and examine the issue and impact of the checker board
ownership pattern in Montana on coal development. The managers note
that no new Federal coal reserves, other than reserves near existing
mines, have been made available in Montana since 1969.
Section 504 provides a 180 day period during which
neither the Headwaters Forest land acquisition nor the Crown
Butte land acquisition may occur unless separate authorizing
legislation is enacted. Within 120 days of enactment, the
Secretaries of Agriculture and the Interior must individually
report to the Committee on Resources of the House of
Representatives and the Senate Committee on Energy and Natural
Resources on the status of their efforts to meet the conditions
set forth in this title involving the acquisition of interests
to protect and preserve the Headwaters Forest and to protect
and preserve Yellowstone National Park. For each day beyond 120
days after enactment of this Act that the appraisals required
in subsections 501(b)(5) and 502(b)(2) are not provided to the
Committee on Resources of the House of Representatives, the
Senate Committee on Energy and Natural Resources and the House
and Senate Committees on Appropriations, the 180 day period is
extended by one day.
Section 505 makes a technical correction to the Land and
Water Conservation Fund statute to move a provision from title
II to title I.
TITLE VI--FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF
Amendment No. 164: Modifies language provided by the
Senate under Title VI to make technical corrections to the
Forest Resources Conservation and Shortage Relief Act of 1990
(FRCSRA) which provide for correct format, and changes Section
605(3)(3)(B) of the Act to require the use of regulations in
effect prior to September 8, 1995, during the interim period in
which the Forest Service prepares new regulations to implement
the Act. An additional technical correction is made to Section
602(A)(3) to clarify which paragraph is referred to by the
language. The House had no similar provision.
The managers have included language in Title VI which
amends the Act by: (1) making the Washington State log export
ban a complete and permanent ban on log exports from the
State's public lands; (2) making it clear that FRCSRA does not
restrict the domestic movement and processing of private
timber, except in the State of Idaho; (3) protecting the
ability of private tree farmers in Washington State to freely
market their private timber; (4) marking some timber processing
facilities located in western Washington State more competitive
for timber harvested from private and Federal lands; (5)
providing the Secretaries concerned with discretion to impose
reasonable timber marking, branding, and reporting requirements
and to waive such requirements when appropriate; and (6)
clarifying other enforcement and due process provisions in
FRCSRA.
The managers note that on September 8, 1995, the U.S.
Department of Agriculture issued and made effective immediately
the final rule to implement FRCSRA. Because of the unintended
consequences and adverse impact this rule would have on the
western forest products industry, particularly in Washington
State--where Federal timber harvests have fallen from 1.5
billion board feet prior to enactment of FRCSRA to less than
100 million board feet in 1996, the final rule was suspended,
resulting in the maintenance of the Washington State log export
ban at 100%. Title VI clarifies and preserves the optimization
of domestic processing of timber in western states and avoids
the imposition of restrictions on the domestic transportation
and processing of timber harvested on western private property.
The managers provide the following explanation of each section:
Section 2(a). Use of Unprocessed Timber--Limitation on Substitution of
Unprocessed Federal Timber for Unprocessed Timber from Private
Land
Section 490(a)(3) provides that the substitution
prohibitions do not limit the acquisition of timber originating
on Federal land west of the 119th meridian in Washington State
by a buyer-broker (i.e., a company that only exports timber
originating from private lands owned by a third party, and over
which the company has no long term exclusive harvest rights). A
buyer-broker mayacquire timber originating on Federal land west
of the 119th meridian in Washington State either directly from a
Federal agency or indirectly from a third party. A buyer-broker does
not need a sourcing area in order to acquire timber harvested from
Federal land west of the 119th meridian in Washington State. The 119th
meridian in Washington State is a limitation only on the area from
which a buyer-broker may acquire timer harvested from Federal land.
There is no geographic limitation on the area from which a buyer-broker
may acquire private timber, whether for purposes of domestic processing
or export. Moreover, a buyer-broker may domestically process any
private timber.
The sourcing area provisions in Section 490(c) of FRCSRA
enable persons to freely market timber harvested from private
lands in some areas and domestically process timber harvested
from Federal lands in other areas. Section 490(c) of FRCSRA is
modified to differentiate between sourcing areas for processing
facilities located within Washington State and sourcing areas
for processing facilities located outside of the State.
Section 490(c)(3)(d) provides holders of sourcing areas
for facilities located outside of Washington State with the
option of excluding any or all Washington lands from their
sourcing areas. This provision makes Washington timberlands
irrelevant to sourcing area determinations for processing
facilities located outside of Washington. The language provides
that the Secretary may not condition approval of a sourcing
area for a processing facility located outside of Washington on
the inclusion or exclusion of any Washington lands. The
decision to include or exclude Washington lands in such a
sourcing area is at the discretion of the sourcing area
applicant or holder.
Except for Idaho, FRCSRA's sourcing area provisions in
section 490(c)(3) are modified to make it clear that FRCSRA
does not restrict the domestic transporting or domestic
processing of timber harvested on private property. Sourcing
area boundaries for processing facilities in States other than
Idaho and Washington are to be determined on private timber
export and Federal timber sourcing patterns. Sourcing area
boundaries for processing facilities located in Idaho are to be
determined by Federal and private timber sourcing patterns,
which could lead to restrictions on the domestic processing of
some private timber at processing facilities with sourcing
areas in Idaho.
Section 490(c)(6) provides for the establishment of
sourcing areas in the State of Washington. The boundaries of
such a sourcing area will be a circle, the radius of which will
be the furthest distance the sourcing area applicant or holder
proposes to haul timber harvested from Federal land to its
processing facility. Sourcing area boundaries for processing
facilities located in Washington State are solely determined by
the sourcing area applicant or holder.
Section 490(c)(7) provides that a sourcing area is
relinquished when the sourcing area holder provides written
notice to the appropriate regional forester of the U.S. Forest
Service, and that timber harvested from private land in a
sourcing area is exportable after that sourcing area is
relinquished and timber from Federal land in that sourcing area
is no longer in the sourcing area holder's possession. Whether
a sourcing area holder's Federal timber contract is still open
is irrelevant to whether private timber from a relinquished
sourcing area is exportable. This provision also makes it clear
that relinquishing a sourcing area does not affect the
exportability to timber harvested from private land located
outside of the sourcing area.
A new subsection is added to FRCSRA at 490(d) to make it
clear that nothing in this section restricts or authorizes
restrictions on the domestic transportation or processing of
timber harvested from private lands, with one exception.
Because sourcing areas for processing facilities located in
Idaho will be determined by both Federal and private timber
movements, the Secretary may develop rules that prohibit an
Idaho sourcing area holder from processing private timber that
originates outside of its sourcing area. There are no
restrictions on the domestic movement or processing of private
timber for processing facilities located in States other than
Idaho.
Section 2(b). Restriction on exports of unprocessed timber from State
and public land
Section 491(b)(2) is amended by striking the requirement
that the Secretary reduce the Washington State log export ban
to 400 million board feet. That requirement is replaced with a
permanent ban on the export of all logs harvested from lands
owned by the State of Washington.
Section 3. Monitoring and enforcement
Section 492(c)(2)(C) has been added to clarify that the
Secretary concerned must consider the seriousness of the
offense in determining whether to impose a penalty for a
particular violation of FRCSRA or its regulations. Where the
Secretary determines there has been a minor infraction of
FRCSRA or its regulations, the Secretary should delegate the
matter to the contracting officer who need not impose a
penalty.
Section 492(d)(1) has been modified to ensure that a
person receives due process prior to the imposition of
debarment for a violation of FRCSRA or its regulations.
Section 4. Definitions
Section 493(3) defines ``minor infraction'' to provide
flexibility for inadvertent and minor non-compliance of the
provisions in FRCSRA and its regulations.
Section 493(4) defines ``northwestern private timber open
market area'' as the State of Washington. That phrase is used
throughout this title where new provisions are added to protect
investments in processing facilities and private timberlands
located in Washington State.
Section 493(9)(B)(ix) defines ``unprocessed timber'' to
allow exporters of private logs to acquire and domestically
process incidental volumes of grade 3 and grade 4 saw logs from
Federal lands into chips. This provision also allows exporters
of private logs to domestically process small volumes of such
logs into other products.
Section 493(11) defines ``violation'' to make it clearer
that a person should not be penalized $50,000 or more per log
handled in violation of FRCSRA or its regulations, but rather
that ``violation'' refers to transgressions under a contract or
purchase order.
Section 5. Regulations and review
Section 495 has been expanded to specify that reasonable
painting and branding and reporting requirements should be
imposed only where the benefits outweigh the burdens of
complying with such requirements. Because of the minimal risk
of small logs being exported and the substantial burdens of
complying with painting and branding requirements, this
provision prevents requiring painting or branding on the face
of any log that is less than seven inches in diameter.
Likewise, this provision restricts the imposition of painting
and branding requirements on timber harvested from private land
where the transfer of such timber is to a person who is
eligible to purchase timber from Federal land or if both
parties certify that the logs will be processed at the delivery
site.
The Secretary is also authorized to waive painting and
branding requirements if it is determined that the risk of
export or substitution is low in the region. The Secretary may
also waive painting and branding requirements for unprocessed
timber originating from private lands within an approved
sourcing area.
The Secretary may also waive painting and branding
requirements for timber harvested from Federal land if there
has been no exporting in the area for an extended period, and a
person certifies that any unprocessed timber to which the
waiver applies that goes outside of that area will be branded.
Title VI provides for the issuance of new FRCSRA
regulations no later than June 1, 1998, and provides further
that the regulations under this title that are currently in
effect (the regulations that were in effort prior to September
8, 1995) shall remain in effect until new regulations are
issued.
TITLE VII--MICCOSUKEE SETTLEMENT
Amendment No. 165: Makes technical corrections to
language proposed by the Senate dealing with the transfer of
lands for the Miccosukee Tribe of Florida. The House had no
similar provision.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 1998 recommended by the Committee of Conference,
with comparisons to the fiscal year 1997 amount, the 1998
budget estimates, and the House and Senate bills for 1998
follow:
New budget (obligational) authority, fiscal year 1997... $13,514,435,000
Budget estimates of new (obligational) authority, fiscal
year 1998........................................... 13,799,946,000
House bill, fiscal year 1998............................ 12,952,829,000
Senate bill, fiscal year 1998........................... 13,756,350,000
Conference agreement, fiscal year 1998.................. 13,789,438,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year
1997.............................................. +275,003,000
Budget estimates of new (obligational) authority,
fiscal year 1998.................................. -10,508,000
House bill, fiscal year 1998........................ +836,609,000
Senate bill, fiscal year 1998....................... +33,088,000
Ralph Regula,
Joseph M. McDade,
Jim Kolbe,
Joe Skeen,
Charles H. Taylor,
George R. Nethercutt, Jr.,
Dan Miller,
Zach Wamp,
Bob Livingston,
Sidney R. Yates,
John P. Murtha,
Norm Dicks,
David E. Skaggs,
James P. Moran,
David Obey,
Managers on the Part of the House.
Slade Gorton,
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Conrad Burns,
Robert F. Bennett,
Judd Gregg,
Ben Nighthorse Campbell,
Robert Byrd,
Patrick Leahy,
Dale Bumpers,
Ernest Hollings,
Harry Reid,
Byron Dorgan,
Barbara Boxer,
Managers on the Part of the Senate.
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