Title: Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1992, and for other purposes.
Sponsor: Rep Yates, Sidney R. [IL-9]
(introduced 6/19/1991)
Cosponsors (None)
Related Bills:
H.RES.179
Latest Major Action: 11/13/1991
Became Public Law No: 102-154.
There are 7 versions of Bill Number H.R.2686 for the 102nd Congress1
. Department of the Interior and Related Agencies Appropriations Act, 1992
(Referred to Senate Committee after being Received from House)[H.R.2686.RFS]
2
. Department of the Interior and Related Agencies Appropriations Act, 1992
(Engrossed as Agreed to or Passed by House)[H.R.2686.EH]
3
. Resolved, That the bill from the House of Representatives (H.R. 2686)
entitled 'An Act making appropriations for the Department of the Interior and
related agencies for the fiscal... (Engrossed Amendment as Agreed to by
Senate)[H.R.2686.EAS]
4
. Department of the Interior and Related Agencies Appropriations Act, 1992
(Reported in House)
[H.R.2686.RH]
5
. Department of the Interior and Related Agencies Appropriations Act, 1992
(Public Print)[H.R.2686.PP]
6
. Department of the Interior and Related Agencies Appropriations Act, 1992
(Enrolled as Agreed to or Passed by Both House and Senate)[H.R.2686.ENR]
7
. Department of the Interior and Related Agencies Appropriations Act, 1992
(Reported in Senate)[H.R.2686.RS]
H.R.2686
Department of the Interior and Related Agencies Appropriations Act,
1992 (Enrolled as Agreed to or Passed by Both House and Senate)
--H.R.2686--
H.R.2686
One Hundred Second Congress of the United States of
America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday, the third day of
January,
one thousand nine hundred and ninety-one
An Act
Making appropriations for the Department of the Interior and related
agencies for
the fiscal year ending September 30, 1992, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the Department of the Interior and related agencies for the fiscal year ending
September 30, 1992, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improvement, development,
disposal, cadastral surveying, classification, and performance of other
functions, including maintenance of facilities, as authorized by law, in the
management of lands and their resources under the jurisdiction of the Bureau
of Land Management, including the general administration of the Bureau of Land
Management, $538,940,000 of which the following amounts shall remain available
until expended: not to exceed $1,400,000 to be derived from the special
receipt account established by section 4 of the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-6a(i)), and $23,500,000 for the
Automated Land and Mineral Record System Project: Provided, That
appropriations herein made shall not be available for the destruction of
healthy, unadopted, wild horses and burros in the care of the Bureau of Land
Management or its contractors.
Notwithstanding any other provision of law, none of the funds in this or
any other Act shall be available before October 1, 1992, to accept or process
applications for patent for any oil shale mining claim located pursuant to the
general mining laws or to issue a patent for any such oil shale mining claim,
unless the holder of a valid oil shale mining claim has received first half
final certificate for patent by date of enactment of this Act.
FIREFIGHTING
For necessary expenses for fire management, emergency rehabilitation,
firefighting, fire presuppression, and other related emergency actions by the
Department of the Interior, $122,010,000, to remain available until expended:
Provided, That such funds also are to be available for repayment of
advances to other appropriation accounts from which funds were previously
transferred for such purposes.
EMERGENCY DEPARTMENT OF THE INTERIOR FIREFIGHTING FUND
For the purpose of establishing an 'Emergency Department of the Interior
Firefighting Fund' in the Treasury of the United States to be available only
for emergency rehabilitation and wildfire suppression activities of the
Department of the Interior, $100,869,000, to remain available until expended:
Provided, That all funds available under this head are hereby
designated by Congress to be 'emergency requirements' pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That hereafter, beginning in fiscal year 1993, and
in each year thereafter, only amounts for emergency rehabilitation and
wildfire suppression activities that are in excess of the average of such
costs for the previous ten years shall be considered 'emergency requirements'
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and such amounts shall hereafter be so designated.
CONSTRUCTION AND ACCESS
For acquisition of lands and interests therein, and construction of
buildings, recreation facilities, roads, trails, and appurtenant facilities,
$14,318,000, to remain available until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20, 1976 (31 U.S.C.
6901-07), $105,000,000, of which not to exceed $400,000 shall be available for
administrative expenses.
LAND ACQUISITION
For expenses necessary to carry out the provisions of sections 205, 206,
and 318(d) of Public Law 94-579 including administrative expenses and
acquisition of lands or waters, or interests therein, $25,322,000 to be
derived from the Land and Water Conservation Fund, to remain available until
expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and development of
resources and for construction, operation, and maintenance of access roads,
reforestation, and other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Oregon and California
land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition
of lands or interests therein including existing connecting roads on or
adjacent to such grant lands; $90,274,000, to remain available until expended:
Provided, That 25 per centum of the aggregate of all receipts during
the current fiscal year from the revested Oregon and California Railroad grant
lands is hereby made a charge against the Oregon and California land grant
fund and shall be transferred to the General Fund in the Treasury in
accordance with the provisions of the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands and interests
therein, and improvement of Federal rangelands pursuant to section 401 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701),
notwithstanding any other Act, sums equal to 50 per centum of all moneys
received during the prior fiscal year under sections 3 and 15 of the Taylor
Grazing Act (43 U.S.C. 315 et seq.) and the amount designated for range
improvements from grazing fees and mineral leasing receipts from
Bankhead-Jones lands transferred to the Department of the Interior pursuant to
law, but not less than $10,687,000, to remain available until expended:
Provided, That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of public
lands and resources, for costs of providing copies of official public land
documents, for monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for rehabilitation of
damaged property, such amounts as may be collected under sections 209(b),
304(a), 304(b), 305(a), and 504(g) of the Act approved October 21, 1976 (43
U.S.C. 1701), and sections 101 and 203 of Public Law 93-153, to be immediately
available until expended: Provided, That notwithstanding any
provision to the contrary of section 305(a) of the Act of October 21, 1976 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant to
that section, whether as a result of forfeiture, compromise, or settlement, if
not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the authority of this
or subsequent appropriations Acts by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau of Land
Management which have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without regard to whether
all moneys collected from each such forfeiture, compromise, or settlement are
used on the exact lands damage to which led to the forfeiture, compromise, or
settlement: Provided further, That such moneys are in excess of
amounts needed to repair damage to the exact land for which collected.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under existing law, there
is hereby appropriated such amounts as may be contributed under section 307 of
the Act of October 21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act, to remain
available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available for
purchase, erection, and dismantlement of temporary structures, and alteration
and maintenance of necessary buildings and appurtenant facilities to which the
United States has title; up to $25,000 for payments, at the discretion of the
Secretary, for information or evidence concerning violations of laws
administered by the Bureau of Land Management; miscellaneous and emergency
expenses of enforcement activities authorized or approved by the Secretary and
to be accounted for solely on his certificate, not to exceed $10,000:
Provided, That appropriations herein made for Bureau of Land
Management expenditures in connection with the revested Oregon and California
Railroad and reconveyed Coos Bay Wagon Road grant lands (other than
expenditures made under the appropriation 'Oregon and California grant lands')
shall be reimbursed to the General Fund of the Treasury from the 25 per centum
referred to in subsection (c), title II, of the Act approved August 28, 1937
(50 Stat. 876), of the special fund designated the 'Oregon and California land
grant fund' and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of
the special fund designated the 'Coos Bay Wagon Road grant fund': Provided
further, That appropriations herein made may be expended for surveys of
Federal lands and on a reimbursable basis for surveys of Federal lands and for
protection of lands for the State of Alaska: Provided further, That
an appeal of any reductions in grazing allotments on public rangelands must be
taken within thirty days after receipt of a final grazing allotment decision.
Reductions of up to 10 per centum in grazing allotments shall become effective
when so designated by the Secretary of the Interior. Upon appeal any proposed
reduction in excess of 10 per centum shall be suspended pending final action
on the appeal, which shall be completed within two years after the appeal is
filed: Provided further, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in connection
with jointly-produced publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau determines the
cooperator is capable of meeting accepted quality standards.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For expenses necessary for scientific and economic studies, conservation,
management, investigations, protection, and utilization of sport fishery and
wildlife resources, except whales, seals, and sea lions, and for the
performance of other authorized functions related to such resources; for the
general administration of the United States Fish and Wildlife Service; and for
maintenance of the herd of long-horned cattle on the Wichita Mountains
Wildlife Refuge; and not less than $1,000,000 for high priority projects
within the scope of the approved budget which shall be carried out by Youth
Conservation Corps as if authorized by the Act of August 13, 1970, as amended
by Public Law 93-408, $518,437,000 of which $10,806,000 shall be for operation
and maintenance of fishery mitigation facilities constructed by the Corps of
Engineers under the Lower Snake River Compensation Plan, authorized by the
Water Resources Development Act of 1976 (90 Stat. 2921), to compensate for
loss of fishery resources from water development projects on the Lower Snake
River, and which shall remain available until expended; and of which
$1,000,000 shall be for contaminant sample analysis, and shall remain
available until expended: Provided, That none of the funds in this
Act may be expended to reintroduce wolves in Yellowstone National Park and
Central Idaho.
CONSTRUCTION AND ANADROMOUS FISH
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection, and
utilization of sport fishery and wildlife resources, and the acquisition of
lands and interests therein; $114,895,000 to remain available until expended,
of which $400,000 shall be available for expenses to carry out the Anadromous
Fish Conservation Act (16 U.S.C. 757a-757g) and of which $13,000,000 for
Walnut Creek NWR, IA shall be made available on September 30, 1992:
Provided, That hereinafter notwithstanding any other provision of
law, procurements for the Patuxent Wildlife Research Center, the National
Education and Training Center, and the replacement laboratory for the National
Fisheries Research Center--Seattle, Washington, may be issued which include
the full scope of the facility: Provided further, That the
solicitation and contract shall contain the clause 'availability of funds'
found at 48 CFR 52.323.18.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION FUND
To conduct natural resource damage assessments and restoration activities
by the Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public Law
101-380), and the Act of July 27, 1990 (Public Law 101-337); $4,370,000 to
remain available until expended: Provided, That notwithstanding any
other provision of law, in fiscal year 1991 and thereafter, sums provided by
any party, including sums provided in advance or as a reimbursement for
natural resource damage assessments, may be credited to this appropriation and
shall remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including
administrative expenses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $100,117,000, to be derived from the Land
and Water Conservation Fund, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543), as amended by Public Law 100-478,
$6,705,000 for Grants to States, to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C.
715s), $12,000,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions of the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, and
1538), $1,201,000, to remain available until expended.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North American
Wetlands Conservation Act, Public Law 101-233, in fiscal year 1992 and
thereafter, amounts above $1,000,000 received under section 6 of the Migratory
Bird Treaty Act (16 U.S.C. 707) as penalties or fines or from forfeitures of
property or collateral, but not to exceed $12,000,000, to remain available
until expended.
administrative provisions
Appropriations and funds available to the United States Fish and Wildlife
Service shall be available for purchase of not to exceed 145 passenger motor
vehicles, of which 129 are for replacement only (including 43 for police-type
use); not to exceed $400,000 for payment, at the discretion of the Secretary,
for information, rewards, or evidence concerning violations of laws
administered by the United States Fish and Wildlife Service, and miscellaneous
and emergency expenses of enforcement activities, authorized or approved by
the Secretary and to be accounted for solely on his certificate; repair of
damage to public roads within and adjacent to reservation areas caused by
operations of the United States Fish and Wildlife Service; options for the
purchase of land at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the United States
Fish and Wildlife Service and to which the United States has title, and which
are utilized pursuant to law in connection with management and investigation
of fish and wildlife resources: Provided, That the United States Fish
and Wildlife Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That hereafter the Tinicum National
Environmental Center in Philadelphia, Pennsylvania, shall be known as the John
Heinz National Wildlife Refuge at Tinicum.
Notwithstanding the provisions of the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301-6308), the Fish and Wildlife Service is
hereafter authorized to negotiate and enter into cooperative arrangements and
grants with public and private agencies, organizations, institutions, and
individuals to implement on a public-private cost sharing basis, the North
American Wetlands Conservation Act and the North American Waterfowl Management
Plan: Provided, That the National Fish and Wildlife Foundation may
continue to draw down Federal funds when matching requirements have been met:
Provided further, That interest earned by the Foundation and its
subgrantees on funds drawn down to date but not immediately disbursed shall be
used to fund direct projects and programs as approved by the Foundation's
Board of Directors.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and maintenance of
areas and facilities administered by the National Park Service (including
special road maintenance service to trucking permittees on a reimbursable
basis), and for the general administration of the National Park Service,
including not to exceed $566,000 for the Roosevelt Campobello International
Park Commission, and not less than $1,000,000 for high priority projects
within the scope of the approved budget which shall be carried out by Youth
Conservation Corps as if authorized by the Act of August 13, 1970, as amended
by Public Law 93-408, $965,665,000 without regard to the Act of August 24,
1912, as amended (16 U.S.C. 451), of which not to exceed $59,500,000 to remain
available until expended is to be derived from the special fee account
established pursuant to title V, section 5201, of Public Law 100-203:
Provided, That the National Park Service shall not enter into future
concessionaire contracts, including renewals, that do not include a
termination for cause clause that provides for possible extinguishment of
possessory interests excluding depreciated book value of concessionaire
investments without compensation: Provided further, That of the funds
provided herein, $700,000 is available for the National Institute for the
Conservation of Cultural Property: Provided further, That hereafter
appropriations for maintenance and improvement of roads within the boundary of
the Cuyahoga Valley National Recreation Area shall be available for such
purposes without regard to whether title to such road rights-of-way is in the
United States: Provided further, That notwithstanding any other
provision of law, hereafter the National Park Service may make road
improvements for the purpose of public safety on Route 25 in New River Gorge
National River between the towns of Glen Jean and Thurmond: Provided
further, That none of the funds appropriated to the National Park Service
in this Act may be used to construct horse stables or any other facilities for
the housing of horses at the Manassas National Battlefield Park: Provided
further, That of the funds provided herein, $65,000 is available for a
cooperative agreement with the Susan LaFlesche Picotte Center: Provided
further, That none of the funds appropriated in this Act may be used to
implement any increase in Government housing rental rates in excess of ten per
centum more than the rental rates which were in effect on September 1, 1991,
for such housing: Provided further, That of the funds provided under
this heading, not to exceed $500,000 shall be made available to the City of
Hot Springs, Arkansas, to be used as part of the non-Federal share of a
cost-shared feasibility study of flood protection for the downtown area which
contains a significant amount of National Park Service property and
improvements: Provided further, That the aforementioned sum and any
sums hereinafter provided in subsequent Acts for said project are to be
considered non-Federal monies for the purpose of title I of Public Law
99-662.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, natural programs,
cultural programs, environmental compliance and review, and grant
administration, not otherwise provided for, $23,090,000: Provided,
That no funds appropriated under this head for the Calumet Historic
District may be obligated until funds provided for the Calumet Historic
District under construction planning are specifically authorized.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the provisions of the Historic
Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470),
$35,931,000 to be derived from the Historic Preservation Fund, established by
section 108 of that Act, as amended, to remain available for obligation until
September 30, 1993: Provided, That the Trust Territory of the Pacific
Islands is a State eligible for Historic Preservation Fund matching grant
assistance as authorized under 16 U.S.C. 470w(2): Provided further,
That pursuant to section 105(1) of the Compact of Free Association,
Public Law 99-239, the Federated States of Micronesia and the Republic of the
Marshall Islands shall also be considered States for purposes of this
appropriation.
CONSTRUCTION
For construction, improvements, repair or replacement of physical
facilities, without regard to the Act of August 24, 1912, as amended (16
U.S.C. 451), $275,801,000, to remain available until expended:
Provided, That not to exceed $8,440,000 shall be paid to the Army
Corps of Engineers for modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989: Provided
further, That none of the funds under this head may be expended for the
Calumet Historic District unless specifically authorized: Provided
further, That of the funds provided under this heading, $1,400,000 shall
be available for site acquisition and site preparation for the Lincoln Center
in Springfield, Illinois: Provided further, That up to $376,000 of
the funds provided under this head, to be derived from the Historic
Preservation Fund, established by the Historic Preservation Act of 1966 (80
Stat. 915), as amended (16 U.S.C. 470), shall be available until expended for
emergency stabilization of the Kennicott, Alaska copper mine, such funds to be
transferred to the Alaska State Historic Preservation Office: Provided
further, That of the funds provided under this heading, $2,000,000 shall
be available for a grant to restore the Chicago Public Library, Central
Building as if authorized by the Historic Sites Act of 1935 (16 U.S.C.
462(e)): Provided further, That notwithstanding any other provision
of law, $1,000,000 shall be made available for renovation of Tad Gormley
Stadium: Provided further, That of the funds provided under this
heading, up to $100,000 shall be available to assist the Town of Provincetown,
Massachusetts with planning and construction of a solid waste transfer station
on town-owned land provided that the Town and the National Park Service enter
into an agreement for shared use of the facility for its lifetime at a rate
based on actual operating costs and percentages of total contribution of solid
waste by the National Park Service: Provided further, That of the
funds provided under this heading, $3,650,000 shall be available for
construction of a Gateway Park associated with the Illinois and Michigan Canal
National Heritage Corridor: Provided further, That until March 1,
1992, none of the funds appropriated under this head may be expended for the
Steamtown National Historic Site unless specifically authorized.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions of the Urban Park and
Recreation Recovery Act of 1978 (title 10 of Public Law 95-625) $5,000,000, to
remain available until expended.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the provisions of the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including
administrative expenses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable to the National
Park Service, $106,570,000 to be derived from the Land and Water Conservation
Fund, to remain available until expended, of which $23,500,000 is for the
State assistance program including $3,500,000 to administer the State
assistance program: Provided, That of the amounts previously
appropriated to the Secretary's contingency fund for grants to States $14,000
shall be available in 1992 for administrative expenses of the State grant
program.
Notwithstanding any other provisions in this Act, funds in this Act for
National Park Service Land Acquisition may be used for acquisition of property
by condemnation at Santa Monica Mountains National Recreational Area under the
condition that zoning permits or variances for such property shall not have
changed since those in place on September 19, 1991.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 1992 by 16 U.S.C. 460l-10a
is rescinded.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
For expenses necessary for operating and maintaining the nonperforming
arts functions of the John F. Kennedy Center for the Performing Arts,
$22,945,000, of which $16,000,000 shall remain available until expended.
ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR COMMISSION
For operation of the Illinois and Michigan Canal National Heritage
Corridor Commission, $250,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available for the
purchase of not to exceed 465 passenger motor vehicles, of which 322 shall be
for replacement only, including not to exceed 355 for police-type use, 11
buses, and 5 ambulances; to provide, notwithstanding any other provision of
law, at a cost not exceeding $100,000, transportation for children in nearby
communities to and from any unit of the National Park System used in
connection with organized recreation and interpretive programs of the National
Park Service; options for the purchase of land at not to exceed $1 for each
option; and for the procurement and delivery of medical services within the
jurisdiction of units of the National Park System: Provided, That any
funds available to the National Park Service may be used, with the approval of
the Secretary, to maintain law and order in emergency and other unforeseen law
enforcement situations and conduct emergency search and rescue operations in
the National Park System: Provided further, That none of the funds
appropriated to the National Park Service may be used to process any grant or
contract documents which do not include the text of 18 U.S.C. 1913:
Provided further, That the National Park Service may use helicopters
and motorized equipment at Death Valley National Monument for removal of feral
burros and horses: Provided further, That notwithstanding any other
provision of law, the National Park Service may recover all costs of providing
necessary services associated with special use permits, such reimbursements to
be credited to the appropriation current at that time: Provided further,
That none of the funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of the southern end of
Ellis Island until such agreement has been submitted to the Congress and shall
not be implemented prior to the expiration of 30 calendar days (not including
any day in which either House of Congress is not in session because of
adjournment of more than three calendar days to a day certain) from the
receipt by the Speaker of the House of Representatives and the President of
the Senate of a full and comprehensive report on the development of the
southern end of Ellis Island, including the facts and circumstances relied
upon in support of the proposed project: Provided further, That
Federal funds available to the National Park Service may be used for
improvements to the National Park Service rail excursion line between milepost
132.7 and 120.55 located in Northeastern Pennsylvania: Provided further,
That the Secretary of the Interior, acting through the Director of the
National Park Service, may enter into a cooperative agreement with the William
O. Douglas Outdoor Classroom under which the Secretary may expend Federal
funds on non-Federal property for environmental education purposes.
Notwithstanding any Master Plan, Development Concept Plan or policy of the
Olympic National Park, nor any Federal regulation, to the contrary, the
Superintendent of the Olympic National Park, located in the State of
Washington, is authorized and directed to issue a ten-year, special use permit
for the continued operation of Kamp Kiwanis by the Hoquiam Kiwanis Club and
the Hoquiam Y.M.C.A., and for reconstruction of the main lodge at Kamp
Kiwanis, at the location described below within the boundary of the Olympic
National Park:
A plot of land in Section 13, Township 23 N., Range 10 W., W.M.
described as follows:
Beginning at an iron pipe which is on the section line and south 860
feet from the south 1/16 corner of Sections 14 and 13 in Township 23 north,
Range 10 W., W.M.; thence north 13 1/2 degrees east 572 feet to an iron
pipe; thence south 55 degrees east 319 feet to an iron pipe; thence south 16
degrees west 458 feet to an iron pipe; thence north 75 1/2 degrees west 277
feet to point of beginning, containing 3.43 acres, more or less; also a
right-of-way for a pipeline from Higley Creek to the above area about 2,000
feet along the section line between Sections 13 and 14, T. 23 N., Range 10
W., W.M.
Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the Geological Survey to perform surveys,
investigations, and research covering topography, geology, hydrology, and the
mineral and water resources of the United States, its Territories and
possessions, and other areas as authorized by law (43 U.S.C. 31, 1332 and
1340); classify lands as to their mineral and water resources; give
engineering supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program (30 U.S.C.
641); and publish and disseminate data relative to the foregoing activities;
$590,054,000, of which $62,058,000 shall be available only for cooperation
with States or municipalities for water resources investigations:
Provided, That no part of this appropriation shall be used to pay
more than one-half the cost of any topographic mapping or water resources
investigations carried on in cooperation with any State or municipality.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the Geological Survey shall be available for
purchase of not to exceed 26 passenger motor vehicles, for replacement only;
reimbursement to the General Services Administration for security guard
services; contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is administratively
determined that such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities; acquisition of
lands for gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of compensation and expenses
of persons on the rolls of the Geological Survey appointed, as authorized by
law, to represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in Public Law 95-224:
Provided further, That the Geological Survey (43 U.S.C. 31(a)) shall
hereafter be designated the United States Geological Survey.
Minerals Management Service
LEASING AND ROYALTY MANAGEMENT
For expenses necessary for minerals leasing and environmental studies,
regulation of industry operations, and collection of royalties, as authorized
by law; for enforcing laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts; and for matching
grants or cooperative agreements; including the purchase of not to exceed
eight passenger motor vehicles for replacement only; $207,070,000, of which
not less than $66,584,000 shall be available for royalty management
activities: Provided, That $1,500,000 for computer acquisitions shall
remain available until September 30, 1993: Provided further, That
funds appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$10,000 under this head shall be available for refunds of overpayments in
connection with certain Indian leases in which the Director of the Minerals
Management Service concurred with the claimed refund due: Provided
further, That notwithstanding any other provision of law, $68,200,000
shall be deducted from Federal onshore mineral leasing receipts prior to the
division and distribution of such receipts between the States and the Treasury
and shall be credited to miscellaneous receipts of the Treasury: Provided
further, That notwithstanding any other provision of law, for fiscal year
1992 and each year thereafter, the Secretary of the Interior or his designee
is authorized to--
(a) enter into a cooperative agreement or agreements with any State or
Indian tribe to share royalty management information, to carry out
inspection, auditing, investigation or enforcement (not including the
collection of royalties, civil penalties, or other payments) activities in
cooperation with the Secretary, except that the Secretary shall not enter
into such cooperative agreement with a State with respect to any such
activities on Indian lands except with the permission of the Indian tribe
involved; and
(b) upon written request of any State, to delegate to the State all or
part of the authorities and responsibilities of the Secretary under the
authorizing leasing statutes, leases, and regulations promulgated pursuant
thereto to conduct audits, investigations, and inspections, except that the
Secretary shall not undertake such a delegation with respect to any Indian
lands except with permission of the Indian tribe involved,
with respect to any lease authorizing exploration for or development of
coal, any other solid mineral, or geothermal steam on any Federal lands or
Indian lands within the State or with respect to any lease or portion of a
lease subject to section 8(g) of the Outer Continental Shelf Lands Act of
1953, as amended (43 U.S.C. 1337(g)), on the same terms and conditions as
those authorized for oil and gas leases under sections 202, 203, 205, and 206
of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1732,
1733, 1735, and 1736) and the regulations duly promulgated with respect
thereto: Provided further, That section 204 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1734) shall apply to leases
authorizing exploration for or development of coal, any other solid mineral,
or geothermal steam on any Federal lands, or to any lease or portion of a
lease subject to section 8(g) of the Outer Continental Shelf Lands Act of
1953, as amended (43 U.S.C. 1337(g)): Provided further, That the
Secretary shall compensate any State or Indian tribe for those costs which are
necessary to carry out activities conducted pursuant to such cooperative
agreement or delegation.
Bureau of Mines
mines and minerals
For expenses necessary for conducting inquiries, technological
investigations, and research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social and environmental
costs; to foster and encourage private enterprise in the development of
mineral resources and the prevention of waste in the mining, minerals, metal,
and mineral reclamation industries; to inquire into the economic conditions
affecting those industries; to promote health and safety in mines and the
mineral industry through research; and for other related purposes as
authorized by law, $176,690,000, of which $101,682,000 shall remain available
until expended: Provided, That none of the funds in this or any other
Act may be used for the closure or consolidation of any research centers or
the sale of any of the helium facilities currently in operation.
ADMINISTRATIVE PROVISIONS
The Secretary is authorized to accept lands, buildings, equipment, other
contributions and, heretofore and hereafter, fees to be deposited in the
contributed funds account from public and private sources, and to prosecute
projects using such contributions and fees in cooperation with other Federal,
State or private agencies: Provided, That the Bureau of Mines is
authorized, during the current fiscal year, to sell directly or through any
Government agency, including corporations, any metal or mineral product that
may be manufactured in pilot plants operated by the Bureau of Mines, and the
proceeds of such sales shall be covered into the Treasury as miscellaneous
receipts.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended, including
the purchase of not to exceed 15 passenger motor vehicles, of which 11 shall
be for replacement only; $111,100,000 and notwithstanding 31 U.S.C. 3302, an
additional amount, to remain available until expended, from performance bond
forfeitures in fiscal year 1992: Provided, That notwithstanding any
other provision of law, the Secretary of the Interior, pursuant to
regulations, may utilize directly or through grants to States, moneys
collected in fiscal year 1992 pursuant to the assessment of civil penalties
under section 518 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1268), to reclaim lands adversely affected by coal mining practices
after August 3, 1977, to remain available until expended: Provided
further, That notwithstanding any other provisions of law, appropriations
for the Office of Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored training:
Provided further, That notwithstanding the requirements of section
705 of Public Law 95-87 (30 U.S.C. 1295) appropriations herein shall be
available to fund the full costs to the States to implement the Applicant
Violator System in compliance with the January 24, 1990 Settlement Agreement
between Save Our Cumberland Mountains, Inc. and Manuel Lujan, Jr., Secretary,
United States Department of the Interior, et al.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title IV of the
Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not more than 22 passenger motor vehicles,
of which 16 shall be for replacement only, $190,200,000 to be derived from
receipts of the Abandoned Mine Reclamation Fund and to remain available until
expended: Provided, That of the funds herein provided up to
$22,000,000 may be used for the emergency program authorized by section 410 of
Public Law 95-87, as amended, of which no more than 20 per centum shall be
used for emergency reclamation projects in any one State and funds for
Federally-administered emergency reclamation projects under this proviso shall
not exceed $15,000,000: Provided further, That 23 full-time
equivalent positions are to be maintained in the Anthracite Reclamation
Program at the Wilkes-Barre Field Office: Provided further, That
pursuant to Public Law 97-365, the Department of the Interior is authorized to
utilize up to 20 per centum from the recovery of the delinquent debt owed to
the United States Government to pay for contracts to collect these debts:
Provided further, That of the funds made available to the States to
contract for reclamation projects authorized in section 406(a) of Public Law
95-87, administrative expenses may not exceed 15 per centum: Provided
further, That the Secretary of the Interior may deny 50 per centum of an
Abandoned Mine Reclamation Fund grant, available to a State pursuant to title
IV of Public Law 95-87, in accordance with the procedures set forth in section
521(b) of the Act, when the Secretary determines that a State is
systematically failing to administer adequately the enforcement provisions of
the approved State regulatory program. Funds will be denied until such time as
the State and Office of Surface Mining Reclamation and Enforcement have agreed
upon an explicit plan of action for correcting the enforcement deficiency. A
State may enter into such agreement without admission of culpability. If a
State enters into such agreement, the Secretary shall take no action pursuant
to section 521(b) of the Act as long as the State is complying with the terms
of the agreement.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
For operation of Indian programs by direct expenditure, contracts,
cooperative agreements, and grants including expenses necessary to provide
education and welfare services for Indians, either directly or in cooperation
with States and other organizations, including payment of care, tuition,
assistance, and other expenses of Indians in boarding homes, or institutions,
or schools; grants and other assistance to needy Indians; maintenance of law
and order; management, development, improvement, and protection of resources
and appurtenant facilities under the jurisdiction of the Bureau of Indian
Affairs, including payment of irrigation assessments and charges; acquisition
of water rights; advances for Indian industrial and business enterprises;
operation of Indian arts and crafts shops and museums; development of Indian
arts and crafts, as authorized by law; for the general administration of the
Bureau of Indian Affairs, including such expenses in field offices,
$1,236,078,000, including $248,152,000 for school operations costs of
Bureau-funded schools and other education programs which shall become
available for obligation on July 1, 1992, and shall remain available for
obligation until June 30, 1993, and of which, funds obligated as grants to
schools pursuant to Public Law 100-297 shall be made on July 1 and December 1
in lieu of the payments authorized to be made on October 1 and January 1 of
each calendar year, and of which not to exceed $75,912,000 for higher
education scholarships, adult vocational training, and assistance to public
schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C.
452 et seq.), shall remain available for obligation until September 30, 1993;
and the funds made available to tribes and tribal organizations through
contracts or grants obligated during fiscal year 1992 as authorized by the
Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.),
or grants authorized by the Indian Education Amendments of 1988 (25 U.S.C.
2001 and 2008A) shall remain available until expended by the contractor or
grantee; and of which $2,021,000 for litigation support shall remain available
until expended, $5,000,000 for self-governance tribal compacts shall be made
available on completion and submission of such compacts to the Congress, and
shall remain available until expended; and of which $1,139,000 for expenses
necessary to carry out the provisions of section 19(a) of Public Law 93-531
(25 U.S.C. 640d-18(a)), shall remain available until expended:
Provided, That none of the funds appropriated to the Bureau of Indian
Affairs shall be expended as matching funds for programs funded under section
103(b)(2) of the Carl D. Perkins Vocational Education Act: Provided
further, That $200,000 of the funds made available in this Act shall be
available for cyclical maintenance of tribally owned fish hatcheries and
related facilities: Provided further, That none of the funds in this
Act shall be used by the Bureau of Indian Affairs to transfer funds under a
contract with any third party for the management of tribal or individual
Indian trust funds until the funds held in trust for all such tribes or
individuals have been audited and reconciled to the earliest possible date,
the results of such reconciliation have been certified by an independent party
as the most complete reconciliation of such funds possible, and the affected
tribe or individual has been provided with an accounting of such funds:
Provided further, That notwithstanding any other provision of law,
the statute of limitations shall not commence to run on any claim concerning
losses to or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with the accounting of such funds from
which the beneficiary can determine whether there has been a loss:
Provided further, That $300,000 of the amounts provided for education
program management shall be available for a grant to the Close Up Foundation:
Provided further, That until such time as legislation is enacted to
the contrary, none of the funds appropriated in this or any other Act for the
benefit of Indians residing within the jurisdictional service area of the
Cherokee Nation of Oklahoma shall be expended by other than the Cherokee
Nation, nor shall any funds be used to take land into trust within the
boundaries of the original Cherokee territory in Oklahoma without the consent
of the Cherokee Nation: Provided further, That the Task Force on
Bureau of Indian Affairs Reorganization shall continue activities under its
charter as adopted and amended on April 17, 1991: Provided further,
That any reorganization proposal shall not be implemented until the Task
Force has reviewed it and recommended its implementation to the Secretary and
such proposal has been submitted to and approved by the Committees on
Appropriations, except that the Bureau may submit a reorganization proposal
related only to management improvements, along with Task Force comments or
recommendations to the Committees on Appropriations for review and disposition
by the Committees: Provided further, That to provide funding
uniformity within a Self-Governance Compact, any funds provided in this Act
with availability for more than one year may be reprogrammed to one year
availability but shall remain available within the Compact until expended:
Provided further, That within available funds $100,000 is available
to lease space in a facility to be constructed by the Nez Perce Tribe in
Lapwai, Idaho: Provided further, That the Bureau of Indian Affairs
will incorporate General Services Administration Market Survey findings into
the final lease agreement: Provided further, That notwithstanding any
other provision of law, $150,000 shall be provided to the Blackfeet Tribe for
a model trust department pilot program.
CONSTRUCTION
(INCLUDING RESCISSION)
For construction, major repair, and improvement of irrigation and power
systems, buildings, utilities, and other facilities, including architectural
and engineering services by contract; acquisition of lands and interests in
lands; preparation of lands for farming; maintenance of Indian reservation
roads as defined in section 101 of title 23, United States Code; and
construction, repair, and improvement of Indian housing, $213,163,000, to
remain available until expended: Provided, That of the funds
previously provided under this head for construction contract support,
$7,000,000 is hereby rescinded: Provided further, That $1,000,000 of
the funds made available in this Act shall be available for rehabilitation of
tribally owned fish hatcheries and related facilities: Provided
further, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 per centum of
contract authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program management costs of
the Bureau of Indian Affairs: Provided further, That none of the
funds available to the Bureau of Indian Affairs in this or any other Act shall
be used to transfer, through agreement, memorandum of understanding,
demonstration project or other method, the Safety of Dams program of the
Bureau of Indian Affairs to the Bureau of Reclamation: Provided further,
That nothing herein shall prevent the Bureau of Indian Affairs or tribes
from using, on a case-by-case basis, the technical expertise of the Bureau of
Reclamation: Provided further, That none of the funds provided for
the Safety of Dams program are available for transfer pursuant to sections 101
and 102 of this Act.
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals pursuant to
Public Laws 98-500, 99-264, 100-580, 101-618, 101-602, 101-628, 101-486, and
100-585, including funds for necessary administrative expenses, $87,617,000,
to remain available until expended: Provided, That income earned on
funds appropriated by Public Law 101-121, October 23, 1989, 103 Stat. 701, 715
for the purposes of section 6(b) of the Puyallup Tribe of Indians Settlement
Act of 1989, Public Law 101-41, June 21, 1989, 103 Stat. 83, may be utilized
by the Permanent Trust Fund Board of Trustees to secure necessary and
appropriate financial, auditing, accounting, insurance and other
administrative services to fulfill the Board of Trustees' fiduciary and
administrative responsibilities: Provided further, That no more than
5 per centum of the income in any year may be utilized for such purposes:
Provided further, That of the funds included for Public Law 101-602,
$5,000,000 shall be made available on September 30, 1992; of the funds
included for Public Law 101-628, $23,000,000 shall be made available on
September 30, 1992; and of the funds included for Public Law 101-618,
$12,500,000 shall be made available on September 30, 1992.
NAVAJO REHABILITATION TRUST FUND
For Navajo tribal rehabilitation and improvement activities in accordance
with the provisions of section 32(d) of Public Law 93-531, as amended (25
U.S.C. 640d-30), including necessary administrative expenses, $4,000,000, to
remain available until expended.
TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance requests associated
with loans and grants approved under the Indian Financing Act of 1974, as
amended, $1,000,000.
INDIAN DIRECT LOAN PROGRAM ACCOUNT
For the cost, as defined in section 13201 of the Budget Enforcement Act of
1990, including the cost of modifying loans, of expert assistance loans
authorized by the Act of November 4, 1963, as amended, and the cost of direct
loans authorized by the Indian Financing Act of 1974, as amended, $3,039,000:
Provided, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$15,735,000.
In addition, for administrative expenses necessary to carry out the direct
loan program, $1,020,000, which may be transferred to and merged with the
appropriations for Operation of Indian Programs to cover the common overhead
expenses associated with implementing the Credit Reform Act of 1990.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost, as defined in section 13201 of the Budget Enforcement Act of
1990, including the cost of modifying loans, of guaranteed loans authorized by
the Indian Financing Act of 1974, as amended, $8,512,000: Provided,
That these funds are available to subsidize total loan principal any part of
which is to be guaranteed not to exceed $56,432,000.
In addition, for administrative expenses necessary to carry out the
guaranteed loan program, $1,020,000, which may be transferred to and merged
with the appropriations for Operation of Indian Programs to cover the common
overhead expenses associated with implementing the Credit Reform Act of
1990.
miscellaneous permanent appropriations
Beginning October 1, 1991, and thereafter, amounts collected by the
Secretary in connection with the Alaska Resupply Program (Public Law 77-457)
shall be deposited into a special fund to be established in the Treasury, to
be available to carry out the provisions of the Alaska Resupply Program, such
amounts to remain available until expended: Provided, That
unobligated balances of amounts collected in fiscal year 1991 and credited to
the Operation of Indian Programs account as offsetting collections, shall be
transferred and credited to this account.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs (except the revolving fund
for loans, the Indian loan guarantee and insurance fund, the Technical
Assistance of Indian Enterprises account, the Indian Direct Loan Program
account, and the Indian Guaranteed Loan Program account) shall be available
for expenses of exhibits, and purchase of not to exceed 188 passenger carrying
motor vehicles, of which not to exceed 147 shall be for replacement only.
Territorial and International Affairs
ADMINISTRATION OF TERRITORIES
For expenses necessary for the administration of territories under the
jurisdiction of the Department of the Interior, $93,477,000, of which (1)
$89,447,000 shall be available until expended for technical assistance,
including maintenance assistance, drug interdiction and abuse prevention, and
brown tree snake control and research; late charges and payments of the annual
interest rate differential required by the Federal Financing Bank, under terms
of the second refinancing of an existing loan to the Guam Power Authority, as
authorized by law (Public Law 98-454; 98 Stat. 1732); grants to the judiciary
in American Samoa for compensation and expenses, as authorized by law (48
U.S.C. 1661(c)); grants to the Government of American Samoa, in addition to
current local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as authorized by
law; grants to the Government of Guam, as authorized by law; grants to the
Government of the Northern Mariana Islands as authorized by law (Public Law
94-241; 90 Stat. 272); and (2) $4,030,000 shall be available for salaries and
expenses of the Office of Territorial and International Affairs: Provided,
That the territorial and local governments herein provided for are
authorized to make purchases through the General Services Administration:
Provided further, That all financial transactions of the territorial
and local governments herein provided for, including such transactions of all
agencies or instrumentalities established or utilized by such governments,
shall be audited by the General Accounting Office, in accordance with chapter
35 of title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided according to those
terms of the Agreement of the Special Representatives on Future United States
Financial Assistance for the Northern Mariana Islands approved by Public Law
99-396, except that should the Secretary of the Interior believe that the
performance standards of such agreement are not being met, operations funds
may be withheld, but only by Act of Congress as required by Public Law 99-396:
Provided further, That $1,025,000 of the amounts provided for
technical assistance shall be available for a grant to the Close Up
Foundation: Provided further, That the funds for the program of
operations and maintenance improvement are appropriated to institutionalize
routine operations and maintenance of capital infrastructure in American
Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana
Islands, the Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia through assessments of long-range operations
and maintenance needs, improved capability of local operations and maintenance
institutions and agencies (including management and vocational education
training), and project-specific maintenance (with territorial participation
and cost sharing to be determined by the Secretary based on the individual
territory's commitment to timely maintenance of its capital assets).
TRUST TERRITORY OF THE PACIFIC ISLANDS
For expenses necessary for the Department of the Interior in
administration of the Trust Territory of the Pacific Islands pursuant to the
Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat.
397), and the Act of June 30, 1954 (68 Stat. 330), as amended (90 Stat. 299;
91 Stat. 1159; 92 Stat. 495), and grants to the Trust Territory of the Pacific
Islands, in addition to local revenues, for support of governmental functions;
$24,451,000 to remain available until expended including $17,651,000 for
operations of the Government of Palau: Provided, That all financial
transactions of the Trust Territory, including such transactions of all
agencies or instrumentalities established or utilized by such Trust Territory,
shall be audited by the General Accounting Office in accordance with chapter
35 of title 31, United States Code: Provided further, That the
government of the Trust Territory of the Pacific Islands is authorized to make
purchases through the General Services Administration: Provided
further, That all Government operations funds appropriated and obligated
for the Republic of Palau under this account for fiscal year 1992, shall be
credited as an offset against fiscal year 1992 payments made pursuant to the
legislation approving the Palau Compact of Free Association (Public Law
99-658), if such Compact is implemented before October 1, 1992: Provided
further, That not less than $300,000 of the grants to the Republic of
Palau, for support of governmental functions, shall be dedicated to the
College of Micronesia in accordance with the agreement between the Micronesian
entities.
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the Federated States of
Micronesia and the Republic of the Marshall Islands as provided for in
sections 122, 221, 223, 232, and 233 of the Compacts of Free Association,
$25,010,000, to remain available until expended, as authorized by Public Law
99-239: Provided, That the effective date of the Palau Compact for
purposes of economic assistance pursuant to the Palau Compact of Free
Association, Public Law 99-658, shall be the effective date of the Palau
Compact as determined pursuant to section 101 of Public Law 101-219:
Provided further, That the language in the third proviso under this
head in Public Law 100-446 is amended by striking the word 'Ejit' and
inserting the word 'Majuro': Provided further, That $2,000,000 shall
be available on an ex gratia basis for the relocation and resettlement of the
people of Rongelap on Rongelap Atoll: Provided further, That such
funds shall remain available for deposit into a Rongelap Resettlement Trust
Fund to be used by the people of Rongelap under the terms and conditions as
set forth in a trust agreement or amendment thereto approved by the Rongelap
Local Government Council subject only to the disapproval of the Secretary of
the Interior: Provided further, That the Government of the Republic
of the Marshall Islands and the Rongelap Local Government Council shall
provide for the creation of the Rongelap Resettlement Trust Fund to assist in
the resettlement of Rongelap Atoll by the people of Rongelap, and the
employment of the manager of the Rongelap fund established pursuant to the
section 177 Agreement (pursuant to section 177 of Public Law 99-239) as
trustee and manager of the Rongelap Resettlement Trust Fund, or, should the
manager of the Rongelap fund not be acceptable to the people of Rongelap,
another United States investment manager with substantial experience in the
administration of trusts and with funds under management in excess of
$250,000,000, subject only to the disapproval of the Secretary of the
Interior: Provided further, That such funds shall be available only
for costs directly associated with the resettlement of Rongelap by the people
of Rongelap and for projects on Mejatto: Provided further, That the
Secretary may approve expenditures of up to $500,000 in fiscal year 1992 for
projects on Mejatto benefitting the people of Rongelap presently residing on
the island of Mejatto: Provided further, That after fiscal year 1992,
such projects on Mejatto benefitting the people of Rongelap may be funded only
from the interest and earnings generated by the trust fund corpus:
Provided further, That such fund and the earnings and distribution
therefrom shall not be subject to any form of Federal, State or local
taxation: Provided further, That the Governments of the United States
and the Trust Territory of the Pacific Islands shall not be liable in any
cause of action in law or equity from the administration and distribution of
the trust funds.
Departmental Offices
Office of the Secretary
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary of the Interior,
$64,445,000, of which not to exceed $7,500 may be for official reception and
representation expenses.
Office of the Solicitor
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor, $31,525,000.
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General, $24,044,000.
Construction Management
SALARIES AND EXPENSES
For necessary expenses of the Office of Construction Management,
$2,243,000.
National Indian Gaming Commission
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gaming Commission, pursuant
to Public Law 100-497, $2,190,000.
OILSPILL EMERGENCY FUND
For necessary expenses for contingency planning, response, natural
resource damage assessment and restoration activities related to any discharge
of oil in waters of the United States upon a determination by the Secretary of
the Interior that such funds are necessary for the protection or restoration
of natural resources under his jurisdiction; $3,900,000, which shall remain
available until expended.
administrative provisions
There is hereby authorized for acquisition from available resources within
the Working Capital Fund, 11 aircraft, 7 of which shall be for replacement and
which may be obtained by donation, purchase or through available excess
surplus property: Provided, That no programs funded with appropriated
funds in the 'Office of the Secretary', 'Office of the Solicitor', and 'Office
of Inspector General' may be augmented through the Working Capital Fund or the
Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the approval of
the Secretary, for the emergency reconstruction, replacement, or repair of
aircraft, buildings, utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes: Provided,
That no funds shall be made available under this authority until funds
specifically made available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds used
pursuant to this section are hereby designated by Congress to be 'emergency
requirements' pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and must be replenished by a
supplemental appropriation which must be requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or transfer of any
no year appropriation in this title, in addition to the amounts included in
the budget programs of the several agencies, for the suppression or emergency
prevention of forest or range fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the emergency
rehabilitation of burned-over lands under its jurisdiction; for emergency
actions related to potential or actual earthquakes, floods, volcanoes, storms,
or other unavoidable causes; for contingency planning subsequent to actual
oilspills; response and natural resource damage assessment activities related
to actual oilspills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section 1773(b) of
Public Law 99-198 (99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory authority in the
event a primacy State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in this title
for fire suppression purposes shall be available for the payment of
obligations incurred during the preceding fiscal year, and for reimbursement
to other Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes, such
reimbursement to be credited to appropriations currently available at the time
of receipt thereof: Provided further, That for emergency
rehabilitation and wildfire suppression activities, no funds shall be made
available under this authority until funds appropriated to the 'Emergency
Department of the Interior Firefighting Fund' shall have been exhausted:
Provided further, That all funds used pursuant to this section are
hereby designated by Congress to be 'emergency requirements' pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985 and must be replenished by a supplemental appropriation which must be
requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
SEC. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities, wherever
consolidation of activities will contribute to efficiency or economy, and said
appropriations shall be reimbursed for services rendered to any other activity
in the same manner as authorized by sections 1535 and 1536 of title 31,
U.S.C.: Provided, That reimbursements for costs and supplies,
materials, equipment, and for services rendered may be credited to the
appropriation current at the time such reimbursements are received.
SEC. 104. Appropriations made to the Department of the Interior in this
title shall be available for services as authorized by 5 U.S.C. 3109, when
authorized by the Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private residences in
the field, when authorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members only or at a
price to members lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Department of the Interior for
salaries and expenses shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
SEC. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued by the General Services
Administration for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
SEC. 107. Notwithstanding any other provisions of law, in fiscal year 1992
and thereafter, appropriations in this title shall be available to provide
insurance on official motor vehicles, aircraft, and boats operated by the
Department of the Interior in Canada and Mexico.
SEC. 108. No funds provided in this title may be used to detail any
employee to an organization unless such detail is in accordance with Office of
Personnel Management regulations.
SEC. 109. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and related
activities placed under restriction in the President's moratorium statement of
June 26, 1990, in the areas of Northern, Central, and Southern California; the
North Atlantic; Washington and Oregon; and the Eastern Gulf of Mexico south of
26 degrees north latitude and east of 86 degrees west longitude.
SEC. 110. No funds provided in this title may be expended by the
Department of the Interior for the conduct of leasing, or the approval or
permitting of any drilling or other exploration activity, on lands within the
North Aleutian Basin planning area.
SEC. 111. No funds provided in this title may be expended by the
Department of the Interior for the conduct of preleasing and leasing
activities in the Eastern Gulf of Mexico for Outer Continental Shelf Lease
Sale 137 or for Sale 151 in the February 1991 draft proposal for the Outer
Continental Shelf Natural Gas and Oil Resource Management Comprehensive
Program, 1992-1997.
SEC. 112. No funds provided in this title may be expended by the
Department of the Interior for the conduct of preleasing and leasing
activities in the Atlantic for Outer Continental Shelf Lease Sale 145 in the
February 1991 draft proposal for the Outer Continental Shelf Natural Gas and
Oil Resource Management Comprehensive Program, 1992-1997.
SEC. 113. None of the funds made available by this Act may be used for the
implementation or financing of agreements or arrangements with entities for
the management of all lands, waters, and interests therein on Matagorda
Island, Texas, which were purchased by the Department of the Interior with
federally appropriated amounts from the Land and Water Conservation Fund.
SEC. 114. The provision of section 113 shall not apply if the transfer of
management or control is ratified by law.
SEC. 115. Notwithstanding any other provision of law, in fiscal year 1992
and thereafter, any appropriations or funds available to the Department of the
Interior in this Act may be used to provide nonmonetary awards of nominal
value to private individuals and organizations that make contributions to
Department of the Interior programs.
SEC. 116. Appropriations under this title in fiscal year 1992 and
thereafter, may be made available for paying costs incidental to the
utilization of services contributed by individuals who serve without
compensation as volunteers in aid of work for units of the Department of the
Interior.
SEC. 117. Section 105 of Public Law 100-675 is hereby amended by adding
the following new subsection:
'(c) AUTHORITY TO DISBURSE INTEREST INCOME FROM THE SAN LUIS REY TRIBAL
DEVELOPMENT FUND- Until the final settlement agreement is completed, the
Secretary is authorized and directed, pursuant to such terms and conditions
deemed appropriate by the Secretary, to disburse to the San Luis Rey Indian
Water Authority, hereinafter referred to as the 'Authority', funds from the
interest income which has accrued to the San Luis Rey Tribal Development Fund,
hereinafter referred to as the 'Fund'. The funds shall be used only to assist
the Authority in its professional development to administer the San Luis Rey
Indian Water Settlement, and in the Authority's participation and facilitation
of the final water rights settlement agreement of the five mission bands,
subject to the terms of the Memorandum of Understanding Between the Band and
the Department dated August 17, 1991.'.
SEC. 118. Notwithstanding section 7(b) of Public Law 99-647, the Secretary
may approve the extension of the Blackstone Commission on or before November
10, 1991, to accomplish the purposes of that subsection.
SEC. 119. None of the funds appropriated in the Energy and Water
Development Appropriations Act, 1992 (Public Law 102-104) shall be used to
implement the proposed rule for the Army Corps of Engineers amending
regulations on 'ability to pay' (33 CFR Part 241), published in the Federal
Register, vol. 56, No. 114, on Thursday, June 13, 1991.
SEC. 120. (a) The Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1992 (H.R. 2608), is
amended as follows:
(1) The third paragraph in title I (under the headings 'Justice
Assistance' and 'Office of Justice Programs' within amounts for the
Department of Justice) is amended by striking out the period at the end and
inserting in lieu thereof ': Provided, That of the $76,000,000
appropriated herein, $4,000,000 shall be derived from deobligated funds
previously awarded under part B and subparts I and II of part C of title II
of said Act.'.
(2) The paragraph in title I under the heading 'Salaries and Expenses'
under the heading 'Federal Communications Commission' is amended by striking
out 'For total obligations' and inserting in lieu thereof 'For necessary
expenses'.
(3) The paragraph in title IV under the heading 'Payment to the Legal
Services Corporation' under the heading 'Legal Services Corporation' is
amended by inserting ', coordinated through the national Legal Services
Corporation office,' in the proviso after 'such Institutes'.
(b) The amendments made by subsection (a) shall take effect as if included
in the Departments of Commerce, Justice, and State, and the Judiciary, and
Related Agencies Appropriations Act, 1992, on the date of the enactment of
such Act.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest research
For necessary expenses of forest research as authorized by law,
$182,812,000 to remain available until September 30, 1993.
state and private forestry
For necessary expenses of cooperating with, and providing technical and
financial assistance to States, Territories, possessions, and others; and for
forest pest management activities, $184,107,000, to remain available until
expended, as authorized by law: Provided, That a grant of $550,000
shall be available to Berkeley County, South Carolina: Provided further,
That $5,000,000 shall be available for necessary expenses of the Forest
Legacy Program, as authorized by section 1217 of Public Law 101-624, the Food,
Agriculture, Conservation and Trade Act of 1990: Provided further,
That the Forest Service shall not, under authority provided by this
section, enter into any commitment to fund the purchase of interests in lands,
the purchase of which would exceed the level of appropriations provided by
this section.
national forest system
For necessary expenses of the Forest Service, not otherwise provided for,
for management, protection, improvement, and utilization of the National
Forest System, and for administrative expenses associated with the management
of funds provided under the heads 'Forest Research', 'State and Private
Forestry', 'National Forest System', 'Construction', 'Forest Service
Firefighting', and 'Land Acquisition', $1,359,662,000 to remain available for
obligation until September 30, 1993, including $26,968,000 for wilderness
management, and including 65 per centum of all monies received during the
prior fiscal year as fees collected under the Land and Water Conservation Fund
Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C.
460l-6a(i)): Provided, That unobligated and unexpended balances in
the National Forest System account at the end of fiscal year 1991, shall be
merged with and made a part of the fiscal year 1992 National Forest System
appropriation, and shall remain available for obligation until September 30,
1993: Provided further, That timber volume authorized or scheduled
for sale during fiscal year 1991, but which remains unsold at the end of
fiscal year 1991 shall be offered for sale during fiscal year 1992 in addition
to the fiscal year 1992 timber sale volume to the extent possible:
Provided further, That within available funds, up to $238,000 shall
be available for a cooperative agreement with Alabama A&M University:
Provided further, That up to $5,000,000 of the funds provided herein
for road maintenance shall be available for the planned obliteration of roads
which are no longer needed.
forest service firefighting
For necessary expenses for firefighting on or adjacent to National Forest
System lands or other lands under fire protection agreement, and for forest
fire management and presuppression, and emergency operations on, and the
emergency rehabilitation of, National Forest System lands, $189,803,000, to
remain available until expended: Provided, That such funds are also
to be available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes.
EMERGENCY FOREST SERVICE FIREFIGHTING FUND
For the purpose of establishing an 'Emergency Forest Service Firefighting
Fund' in the Treasury of the United States to be available only for emergency
rehabilitation and wildfire suppression activities of the Forest Service,
$112,000,000, to remain available until expended: Provided, That all
funds available under this head are hereby designated by Congress to be
'emergency requirements' pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further,
That hereafter, beginning in fiscal year 1993, and in each year
thereafter, only amounts for emergency rehabilitation and wildfire suppression
activities that are in excess of the average of such costs for the previous
ten years shall be considered 'emergency requirements' pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985,
and such amounts shall hereafter be so designated.
construction
For necessary expenses of the Forest Service, not otherwise provided for,
for construction, $275,178,000, to remain available until expended, of which
$82,089,000 is for construction and acquisition of buildings and other
facilities; and $193,089,000 is for construction and repair of forest roads
and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That funds becoming available in fiscal
year 1992 under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred
to the General Fund of the Treasury of the United States: Provided
further, That not to exceed $113,000,000, to remain available until
expended, may be obligated for the construction of forest roads by timber
purchasers.
land acquisition
For expenses necessary to carry out the provisions of the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including
administrative expenses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable to the Forest
Service, $89,433,000, to be derived from the Land and Water Conservation Fund,
to remain available until expended: Provided, That the Forest Service
shall make a grant of $633,000 to the City of Missoula, Montana, from funds
appropriated by Public Law 101-512 for direct acquisition of property known as
Rattlesnake Greenway and currently under option to the City of Missoula,
Montana: Provided further, That no funds shall be available to
purchase Special Improvement District permits and any remaining funds shall be
available to acquire additional properties for recreation and open space in
the same vicinity.
acquisition of lands for national forests
SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the Cache,
Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest,
Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National
Forests, California, as authorized by law, $1,148,000, to be derived from
forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, to be derived from funds deposited by State,
county, or municipal governments, public school districts, or other public
school authorities pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 per centum of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National Forests in
the sixteen Western States, pursuant to section 401(b)(1) of Public Law
94-579, as amended, to remain available until expended, of which not to exceed
6 per centum shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $97,000 to remain available
until expended, to be derived from the fund established pursuant to the above
Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year shall be
available for: (a) purchase of not to exceed 207 passenger motor vehicles of
which 17 will be used primarily for law enforcement purposes and of which 176
shall be for replacement only, of which acquisition of 137 passenger motor
vehicles shall be from excess sources, and hire of such vehicles; operation
and maintenance of aircraft, the purchase of not to exceed two for replacement
only, and acquisition of 68 aircraft from excess sources; notwithstanding
other provisions of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price for the
replacement aircraft; (b) services pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000
for employment under 5 U.S.C. 3109; (c) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (d) acquisition of
land, waters, and interests therein, pursuant to the Act of August 3, 1956 (7
U.S.C. 428a); (e) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and (f) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated or
expended to change the boundaries of any region, to abolish any region, to
move or close any regional office for research, State and private forestry, or
National Forest System administration of the Forest Service, Department of
Agriculture, without the consent of the House and Senate Committees on
Appropriations and the Committee on Agriculture, Nutrition, and Forestry in
the United States Senate and the Committee on Agriculture in the United States
House of Representatives.
Any appropriations or funds available to the Forest Service may be
advanced to the Forest Service Firefighting appropriation and may be used for
forest firefighting and the emergency rehabilitation of burned-over lands
under its jurisdiction: Provided, That no funds shall be made
available under this authority until funds appropriated to the 'Emergency
Forest Service Firefighting Fund' shall have been exhausted.
The appropriation structure for the Forest Service may not be altered
without advance approval of the House and Senate Committees on
Appropriations.
Notwithstanding any other provision of law, any appropriations or funds
available to the Forest Service may be used to reimburse employees for the
cost of State licenses and certification fees pursuant to their Forest Service
position and that are necessary to comply with State laws, regulations, and
requirements.
Funds appropriated to the Forest Service shall be available for assistance
to or through the Agency for International Development and the Office of
International Cooperation and Development in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and shall be available to support forestry and related natural
resource activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States and international organizations.
All funds received for timber salvage sales may be credited to the Forest
Service Permanent Appropriations to be expended for timber salvage sales from
any national forest, and for timber sales preparation to replace sales lost to
fire or other causes, and sales preparation to replace sales inventory on the
shelf for any national forest to a level sufficient to maintain new sales
availability equal to a rolling five-year average of the total sales
offerings, and for design, engineering, and supervision of construction of
roads lost to fire or other causes associated with the timber sales programs
described above: Provided, That notwithstanding any other provision
of law, moneys received from the timber salvage sales program in fiscal year
1992 shall be considered as money received for purposes of computing and
distributing 25 per centum payments to local governments under 16 U.S.C. 500,
as amended.
None of the funds made available to the Forest Service under this Act
shall be subject to transfer under the provisions of section 702(b) of the
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b
unless the proposed transfer is approved in advance by the House and Senate
Committees on Appropriations in compliance with the reprogramming procedures
contained in House Report 102-116.
No funds appropriated to the Forest Service shall be transferred to the
Working Capital Fund of the Department of Agriculture without the approval of
the Chief of the Forest Service.
Notwithstanding any other provision of law, any appropriations or funds
available to the Forest Service may be used to disseminate program information
to private and public individuals and organizations through the use of
nonmonetary items of nominal value and to provide nonmonetary awards of
nominal value and to incur necessary expenses for the nonmonetary recognition
of private individuals and organizations that make contributions to Forest
Service programs.
Notwithstanding any other provision of law, money collected, in advance or
otherwise, by the Forest Service under authority of section 101 of Public Law
93-153 (30 U.S.C. 185(1)) as reimbursement of administrative and other costs
incurred in processing pipeline right-of-way or permit applications and for
costs incurred in monitoring the construction, operation, maintenance, and
termination of any pipeline and related facilities, may be used to reimburse
the applicable appropriation to which such costs were originally charged.
Funds available to the Forest Service shall be available to conduct a
program of not less than $1,000,000 for high priority projects within the
scope of the approved budget which shall be carried out by the Youth
Conservation Corps as if authorized by the Act of August 13, 1970, as amended
by Public Law 93-408.
Notwithstanding the provisions of the Federal Grant and Cooperative
Agreements Act of 1977 (31 U.S.C. 6301-6308), the Forest Service is authorized
hereafter to negotiate and enter into cooperative arrangements with public and
private agencies, organizations, institutions, and individuals to print
educational materials and to continue the Challenge Cost-Share Program.
None of the funds available in this Act shall be used for timber sale
preparation using clearcutting in hardwood stands in excess of 25 percent of
the fiscal year 1989 harvested volume in the Wayne National Forest, Ohio:
Provided, That this limitation shall not apply to hardwood stands
damaged by natural disaster: Provided further, That landscape
architects shall be used to maintain a visually pleasing forest.
None of the funds made available to the Forest Service in this Act shall
be expended for the purpose of issuing a special use authorization permitting
land use and occupancy and surface disturbing activities for any project to be
constructed on Lewis Fork Creek in Madera County, California, at the site
above, and adjacent to, Corlieu Falls bordering the Lewis Fork Creek National
Recreation Trail until the studies required in Public Law 100-202 have been
submitted to the Congress: Provided, That any special use
authorization shall not be executed prior to the expiration of thirty calendar
days (not including any day in which either House of Congress is not in
session because of adjournment of more than three calendar days to a day
certain) from the receipt of the required studies by the Speaker of the House
of Representatives and the President of the Senate.
None of the funds made available to the Forest Service in this Act shall
be expended for the purpose of administering a special use authorization
permitting land use and occupancy and surface disturbing activities for any
project to be constructed on Rock Creek, Madera County, California, until a
study has been completed and submitted to the Congress by the Forest Service
in consultation with the United States Fish and Wildlife Service, the United
States Army Corps of Engineers, the California State Water Resources Control
Board, the California Department of Fish and Game and other interested public
parties regarding the project's potential cumulative impacts on the
environment, together with a finding that there will be no substantial adverse
impact on the environment. Findings from the study must be presented at no
less than three public meetings.
Any money collected from the States for fire suppression assistance
rendered by the Forest Service on non-Federal lands not in the vicinity of
National Forest System lands shall be used to reimburse the applicable
appropriation and shall remain available until expended as the Secretary may
direct in conducting activities authorized by 16 U.S.C. 2101 (note),
2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available to the
Chief of the Forest Service for official reception and representation
expenses.
Notwithstanding any other provision of law, the Forest Service is
authorized to employ or otherwise contract with persons at regular rates of
pay, as determined by the Service, to perform work occasioned by emergencies
such as fires, storms, floods, earthquakes or any other unavoidable cause
without regard to Sundays, Federal holidays, and the regular workweek.
As a pilot effort, for the purpose of achieving ecologically defensible
management practices, the Kaibab and Dixie National Forests are authorized to
apply the value or a reasonable portion of the value of timber removed under a
stewardship end result contract as an offset against the cost of stewardship
services received including, but not limited to, site preparation, replanting,
silviculture programs, recreation, wildlife habitat enhancement, and other
multiple-use enhancements on selected projects. Timber removed shall count
toward meeting the Congressional expectations for the annual timber
harvest.
The Forest Service shall conduct a below-cost timber sales study on the
Shawnee National Forest, Illinois, in fiscal year 1992.
The Forest Service shall work with the purchasers of sales already under
contract on the Shawnee National Forest to achieve mutually acceptable
modifications to said contracts so that the harvest of timber under such
contracts may occur consistent with the expected management prescriptions
and/or practices envisioned in the Draft Amendment to the Forest Plan for the
Shawnee National Forest issued in 1991.
To the greatest extent possible, and pending final approval of the Draft
Amendment to the Shawnee National Forest Plan, none of the funds available in
this Act shall be used for preparation of timber sales using clearcutting or
other forms of even aged management in hardwood stands in the Shawnee National
Forest, Illinois.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
The first paragraph under this head in Public Law 101-512 is amended by
striking the phrase '$150,000,000 on October 1, 1991, $225,000,000 on October
1, 1992' and inserting '$100,000,000 on October 1, 1991, $275,000,000 on
October 1, 1992'.
Notwithstanding the issuance date for the fifth general request for
proposals under this head in Public Law 101-512, such request for proposals
shall be issued not later than July 6, 1992, and notwithstanding the proviso
under this head in Public Law 101-512 regarding the time interval for
selection of proposals resulting from such solicitation, project proposals
resulting from the fifth general request for proposals shall be selected not
later than ten months after the issuance date of the fifth general request for
proposals: Provided, That hereafter the fifth general request for
proposals shall be subject to all provisos contained under this head in
previous appropriations Acts unless amended by this Act.
Notwithstanding the provisos under this head in previous appropriations
Acts, projects selected pursuant to the fifth general request for proposals
shall advance significantly the efficiency and environmental performance of
coal-using technologies and be applicable to either new or existing
facilities: Provided, That budget periods may be used in lieu of
design, construction, and operating phases for cost-sharing calculations:
Provided further, That the Secretary shall not finance more than 50
per centum of the total costs of any budget period: Provided further,
That project specific development activities for process performance
definition, component design verification, materials selection, and evaluation
of alternative designs may be funded on a cost-shared basis up to a limit of
10 per centum of the Government's share of project cost: Provided
further, That development activities eligible for cost-sharing may
include limited modifications to existing facilities for project related
testing but do not include construction of new facilities.
With regard to funds made available under this head in this and previous
appropriations Acts, unobligated balances excess to the needs of the
procurement for which they originally were made available may be applied to
other procurements for use on projects for which cooperative agreements are in
place, within the limitations and proportions of Government financing
increases currently allowed by law: Provided, That hereafter, the
Department of Energy, for a period of up to five years after completion of the
operations phase of a cooperative agreement may provide appropriate
protections, including exemptions from subchapter II of chapter 5 of title 5,
United States Code, against the dissemination of information that results from
demonstration activities conducted under the Clean Coal Technology Program and
that would be a trade secret or commercial or financial information that is
privileged or confidential if the information had been obtained from and first
produced by a non-Federal party participating in a Clean Coal Technology
project: Provided further, That hereafter, in addition to the
full-time permanent Federal employees specified in section 303 of Public Law
97-257, as amended, no less than 90 full-time Federal employees shall be
assigned to the Assistant Secretary for Fossil Energy for carrying out the
programs under this head using funds available under this head in this and any
other appropriations Act and of which not less than 35 shall be for PETC and
not less than 30 shall be for METC: Provided further, That hereafter
reports on projects selected by the Secretary of Energy pursuant to authority
granted under this heading which are received by the Speaker of the House of
Representatives and the President of the Senate less than 30 legislative days
prior to the end of each session of Congress shall be deemed to have met the
criteria in the third proviso of the fourth paragraph under the heading
'Administrative provisions, Department of Energy' in the Department of the
Interior and Related Agencies Appropriations Act, 1986, as contained in Public
Law 99-190, upon expiration of 30 calendar days from receipt of the report by
the Speaker of the House of Representatives and the President of the Senate or
at the end of the session, whichever occurs later.
fossil energy research and development
(INCLUDING RESCISSION)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of interest,
including defeasible and equitable interests in any real property or any
facility or for plant or facility acquisition or expansion, $458,104,000, to
remain available until expended, of which $338,000 is for the functions of the
Office of the Federal Inspector for the Alaska Natural Gas Transportation
System established pursuant to the authority of Public Law 94-586 (90 Stat.
2908-2909) and of which $3,100,000 is available for the fuels program:
Provided, That none of the funds made available under this head may
be managed by any individual who is not subject to the 'employment floor'
provisions in Public Law 97-257 as amended or, in the alternate, who is not
the Acting Assistant Secretary for Fossil Energy: Provided further,
That no part of the sum herein made available shall be used for the field
testing of nuclear explosives in the recovery of oil and gas: Provided
further, That the funds provided under this head in fiscal year 1991 for
the purchase of supercomputer time needed for Fossil Energy programmatic
purpose shall be provided as a grant to the University of Nevada-Las Vegas:
Provided further, That disbursements pursuant to such a grant shall
be made only upon the actual use of such supercomputer time upon request by
Fossil Energy and receipt by Fossil Energy of the products therefrom.
Of the funds provided herein, $2,000,000 shall be available for a grant
for the National Research Center for Coal and Energy, and $1,500,000 shall be
for a grant to be matched on an equal basis from other sources for the
University of North Dakota Energy and Environmental Research Center.
Of the funds herein provided, $40,800,000 is for implementation of the
June 1984 multiyear, cost-shared magnetohydrodynamics program targeted on
proof-of-concept testing: Provided, That 35 per centum private sector
cash or in-kind contributions shall be required for obligations in fiscal year
1992, and for each subsequent fiscal year's obligations private sector
contributions shall increase by 5 per centum over the life of the
proof-of-concept plan: Provided further, That existing facilities,
equipment, and supplies, or previously expended research or development funds
are not cost-sharing for the purposes of this appropriation, except as
amortized, depreciated, or expended in normal business practice: Provided
further, That cost-sharing shall not be required for the costs of
constructing or operating Government-owned facilities or for the costs of
Government organizations, National Laboratories, or universities and such
costs shall not be used in calculating the required percentage for private
sector contributions: Provided further, That private sector
contribution percentages need not be met on each contract but must be met in
total for each fiscal year.
Funds in the amount of $8,000,000 provided under this head in Public Law
101-512 to initiate a ten-year industry/government cooperative agreement to
design, construct, and operate a proof-of-concept oil shale facility employing
modified in-situ retorting and surface processing of mined shale and waste at
Federal Prototype Oil Shale Lease Tract Cb near Meeker, Colorado, are
rescinded.
alternative fuels production
(INCLUDING TRANSFER OF FUNDS)
Monies received as investment income on the principal amount in the Great
Plains Project Trust at the Norwest Bank of North Dakota, in such sums as are
earned as of October 1, 1991, shall be deposited in this account and
immediately transferred to the General Fund of the Treasury. Monies received
as revenue sharing from the operation of the Great Plains Gasification Plant
shall be immediately transferred to the General Fund of the Treasury:
Provided, That the Department of Energy shall not agree to
modifications to the Great Plains Project Trust Agreement, dated October 31,
1988, that are not consistent with the following criteria: (1) for the purpose
of financing a sulfur control technology project using Government
contributions from the Trust, the cost of such project shall not include costs
of plant downtime or outages; (2) upon modification of the Trust Agreement the
Department shall immediately transfer $20,000,000 from the Reserve Account to
the Environmental Account, both establish pursuant to section 2(b) of the
Trust Agreement, and shall provide a loan from the Reserve Account for 40 per
centum of the remaining project costs after the disbursement of funds from the
Environmental Account in an amount not to exceed $30,000,000 and at the rate
of interest specified in sections 1 and 7(b) of the Trust Agreement; (3) no
disbursements for construction shall be made from either the Reserve Account
or from funds which have been transferred to the Environmental Account from
the Reserve Account prior to receipt by Dakota Gasification Company of an
amended Permit to Construct from the North Dakota State Department of Health;
(4) the Government contribution from the Reserve Account shall be disbursed on
a concurrent and proportional basis with the contribution from the Dakota
Gasification Company; (5) repayment of any loan shall be from revenues not
already due the Government as part of the Asset Purchase Agreement, dated
October 7, 1988, and at least in proportion to the Government contribution to
the costs of the project net of the disbursement from the Environmental
Account, for any increased revenues or profits realized as a result of the
sulfur control project; and (6) such contributions from the Reserve Account,
including funds to be transferred to the Environmental Account, shall be made
available contingent upon a finding by the Secretary, in the form of a report
to Congress submitted not later than March 1, 1992, that such planned project
modifications are cost effective and are expected to meet such environmental
emissions requirements as may exist.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and oil shale
reserve activities, $235,300,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, revenues
received from use and operation of Naval Petroleum Reserves Numbered 1, 2, and
3 and the Naval Oil Shale Reserves and estimated to total $523,000,000 for
fiscal year 1992 shall be retained and used for the specific purpose of
offsetting costs incurred by the Department in carrying out naval petroleum
and oil shale reserve activities: Provided further, That the sum
herein appropriated shall be reduced as such revenues are received so as to
result in a final fiscal year 1992 appropriation estimated at not more than
$0.
energy conservation
For necessary expenses in carrying out energy conservation activities,
$543,166,000, to remain available until expended, including, notwithstanding
any other provision of law, the excess amount for fiscal year 1992 determined
under the provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502):
Provided, That $243,433,000 shall be for use in energy conservation
programs as defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507)
and shall not be available until excess amounts are determined under the
provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502):
Provided further, That notwithstanding section 3003(d)(2) of Public
Law 99-509 such sums shall be allocated to the eligible programs in the same
proportion for each program as in fiscal year 1991: Provided further,
That of the sums for weatherization assistance for low-income persons,
$3,000,000 shall be for the incentive program authorized by section 415d of
the Energy Conservation and Production Act, as amended by Public Law 101-440:
Provided further, That $2,000,000 of the amount under this heading
shall be for metal casting research consistent with the provisions of Public
Law 101-425: Provided further, That $1,500,000 of the amount provided
under this head shall be available for a grant to the National Center for
Alternate Transportation Fuels: Provided further, That $3,000,000 of
the amount provided under this head, and such amounts as may be provided
hereafter in appropriations Acts, shall be available to continue a contract
funded in Public Law 101-512 for the development of an Integrated Management
Information System for the steel industry, and the Government's share of the
cost of such project shall not exceed 50 per centum using the same criteria
for acceptance of contributions as for steel and aluminum research below:
Provided further, That $17,968,000 of the amount provided under this
heading shall be available for continuing research and development efforts
begun under title II of the Interior and Related Agencies portion of the joint
resolution entitled 'Joint Resolution making further continuing appropriations
for the fiscal year 1986, and for other purposes', approved December 19, 1985
(Public Law 99-190), and implementation of steel and aluminum research
authorized by Public Law 100-680: Provided further, That existing
facilities, equipment, and supplies, or previously expended research or
development funds are not accepted as contributions for the purposes of this
appropriation, except as amortized, depreciated, or expensed in normal
business practice: Provided further, That the total Federal
expenditure under this proviso shall be repaid up to one and one-half times
from the proceeds of the commercial sale, lease, manufacture, or use of
technologies developed under this proviso, at a rate of one-fourth of all net
proceeds: Provided further, That up to $27,000,000 of the amount
provided under this head is for electric and hybrid vehicle battery research
to be conducted on a cooperative basis with non-Federal entities, such amounts
to be available only as matched on an equal basis by such entities:
Provided further, That section 303 of Public Law 97-257 is further
amended by changing the number for the Office of the Assistant Secretary for
Conservation and Renewables from '352' to '397'.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities of the Economic
Regulatory Administration and the Office of Hearings and Appeals, $14,771,000,
to remain available until expended.
EMERGENCY PREPAREDNESS
For necessary expenses in carrying out emergency preparedness activities,
$8,300,000, to remain available until expended.
strategic petroleum reserve
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to the
Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), $185,858,000, to remain available until expended, including
$122,685,000 to be derived by transfer from funds deposited in the 'SPR
petroleum account' as a result of the test sale of the Strategic Petroleum
Reserve begun on September 26, 1990, as authorized under 42 U.S.C. 6241(g)(1):
Provided, That the provisions of 42 U.S.C. 6241(g)(6)(B) shall not
apply to the use of these funds: Provided further, That
appropriations herein made shall not be available for leasing of facilities
for the storage of crude oil for the Strategic Petroleum Reserve unless the
quantity of oil stored in or deliverable to Government-owned storage
facilities by virtue of contractual obligations is equal to 700,000,000
barrels.
SPR PETROLEUM ACCOUNT
For the acquisition and transportation of petroleum and for other
necessary expenses as authorized under 42 U.S.C. 6247, $15,100,000, to remain
available until expended: Provided, That notwithstanding 42 U.S.C.
6240(d) the United States share of crude oil in Naval Petroleum Reserve
Numbered 1 (Elk Hills) may be sold or otherwise disposed of to other than the
Strategic Petroleum Reserve: Provided further, That no funds
available in fiscal year 1992 in this, or any previous or subsequent
appropriations Act, or made available in this account pursuant to 42 U.S.C.
6247(b) as a result of any test drawdown or drawdown and distribution of the
Reserve under the provisions of 42 U.S.C. 6241 may be used in fiscal year 1992
for leasing, exchanging, or otherwise acquiring except by direct purchase
crude oil from a foreign government, a foreign State-owned oil company, or an
agent of either: Provided further, That the Secretary of Energy may
negotiate contracts pursuant to the provisions of part C, title I of the
Energy Policy and Conservation Act (42 U.S.C. 6211 et seq.), as contained in
section 6 of Public Law 101-383: Provided further, That restrictions
on leasing, exchanging, or otherwise acquiring except by direct purchase crude
oil from a foreign government, a foreign State-owned oil company, or an agent
of either which are contained under this head in Public Law 101-512 are hereby
repealed: Provided further, That the running of the 12 month period
described in section 161(g)(6)(B) of the Energy Policy and Conservation Act of
1975, as amended (42 U.S.C. 6241(g)(6)(B)), shall be suspended during fiscal
year 1992: Provided further, That outlays in fiscal year 1992
resulting from the use of funds in this account other than those deposited as
a result of a test sale or drawdown of the Reserve shall not exceed
$137,000,000.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of the Energy
Information Administration, $77,233,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made to other
agencies of the Government for the performance of work for which the
appropriation is made.
None of the funds made available to the Department of Energy under this
Act shall be used to implement or finance authorized price support or loan
guarantee programs unless specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, private, or foreign:
Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated under this Act may
be retained by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments to
cost-sharing entities as provided in appropriate cost-sharing contracts or
agreements: Provided further, That the remainder of revenues after
the making of such payments shall be covered into the Treasury as
miscellaneous receipts: Provided further, That any contract,
agreement, or provision thereof entered into by the Secretary pursuant to this
authority shall not be executed prior to the expiration of 30 calendar days
(not including any day in which either House of Congress is not in session
because of adjournment of more than three calendar days to a day certain) from
the receipt by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project, including the
facts and circumstances relied upon in support of the proposed project.
The Secretary of Energy may transfer to the Emergency Preparedness
appropriation such funds as are necessary to meet any unforeseen emergency
needs from any funds available to the Department of Energy from this Act.
Notwithstanding any other provision of law, the Secretary of Energy may
enter into a contract, agreement, or arrangement, including, but not limited
to, a Management and Operating Contract as defined in the Federal Acquisition
Regulations (17.601), with a profit-making or non-profit entity to conduct
activities at the Department of Energy's research facilities at Bartlesville,
Oklahoma.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954 (68 Stat.
674), the Indian Self-Determination Act, the Indian Health Care Improvement
Act, and titles III and XXVI and section 208 of the Public Health Service Act
with respect to the Indian Health Service, including hire of passenger motor
vehicles and aircraft; purchase of reprints; purchase and erection of portable
buildings; payments for telephone service in private residences in the field,
when authorized under regulations approved by the Secretary; $1,449,871,000,
of which $5,000,000 shall be available on September 30, 1992 and shall remain
available until expended for the Morris K. Udall Scholarship Foundation
subject to the passage of authorizing legislation, together with payments
received during the fiscal year pursuant to 42 U.S.C. 300aaa-2 for services
furnished by the Indian Health Service: Provided, That
notwithstanding any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian Health Service shall
be administered under Public Law 86-121 (the Indian Sanitation Facilities
Act): Provided further, That funds made available to tribes and
tribal organizations through grants and contracts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25
U.S.C. 450), shall be deemed to be obligated at the time of the grant or
contract award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
$12,000,000 shall remain available until expended, for the Indian Catastrophic
Health Emergency Fund: Provided further, That $301,311,000 for
contract medical care shall remain available for expenditure until September
30, 1993: Provided further, That of the funds provided, not less than
$5,990,000 shall be used to carry out a loan repayment program under which
Federal, State, and commercial-type educational loans for physicians and other
health professionals will be repaid at a rate not to exceed $35,000 per year
of obligated service in return for full-time clinical service: Provided
further, That funds provided in this Act may be used for one-year
contracts and grants which are to be performed in two fiscal years, so long as
the total obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV of the
Indian Health Care Improvement Act shall be available for two fiscal years
after the fiscal year in which they were collected, for the purpose of
achieving compliance with the applicable conditions and requirements of titles
XVIII and XIX of the Social Security Act (exclusive of planning, design, or
construction of new facilities): Provided further, That of the funds
provided, $2,500,000 shall remain available until expended, for the Indian
Self-Determination Fund, which shall be available for the transitional costs
of initial or expanded tribal contracts, grants or cooperative agreements with
the Indian Health Service under the provisions of the Indian
Self-Determination Act: Provided further, That funding contained
herein, and in any earlier appropriations Acts for scholarship programs under
the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available
for expenditure until September 30, 1993: Provided further, That
amounts received by tribes and tribal organizations under title IV of the
Indian Health Care Improvement Act and Public Law 100-713 shall be reported
and accounted for and available to the receiving tribes and tribal
organizations until expended.
INDIAN HEALTH FACILITIES
For construction, major repair, improvement, and equipment of health and
related auxiliary facilities, including quarters for personnel; preparation of
plans, specifications, and drawings; acquisition of sites, purchase and
erection of portable buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as authorized by
section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act and the Indian Health Care Improvement Act,
$277,852,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated for the
planning, design, construction or renovation of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities: Provided
further, That the Secretary of Health and Human Services may accept
ownership of the buildings offered at no cost by the Standing Rock Sioux Tribe
for use solely as the Aberdeen Area's Youth Regional Treatment Center, and may
use funds appropriated to the Indian Health Service to renovate the buildings
for that purpose.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall be available
for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per
diem rate equivalent to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376, and for uniforms or allowances therefor as authorized by
law (5 U.S.C. 5901-5902), and for expenses of attendance at meetings which are
concerned with the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or management of
those functions or activities: Provided, That no later than 30 days
after the end of each quarter of the fiscal year, the Indian Health Service is
to report to the Committees on Appropriations of the United States House of
Representatives and the United States Senate on any proposed adjustments to
existing leases involving additional space or proposed additional leases for
permanent structures to be used in the delivery of Indian health care
services: Provided further, That in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients may be extended
health care at all tribally administered or Indian Health Services facilities,
subject to charges, and the proceeds along with funds recovered under the
Federal Medical Care Recovery Act (42 U.S.C. 2651-53) shall be credited to the
account of the facility providing the service and shall be available without
fiscal year limitation: Provided further, That funds appropriated to
the Indian Health Service in this Act, except those used for administrative
and program direction purposes, shall not be subject to limitations directed
at curtailing Federal travel and transportation: Provided further,
That with the exception of Indian Health Service units which currently
have a billing policy, the Indian Health Service shall not initiate any
further action to bill Indians in order to collect from third-party payers nor
to charge those Indians who may have the economic means to pay unless and
until such time as Congress has agreed upon a specific policy to do so and has
directed the Indian Health Service to implement such a policy: Provided
further, That personnel ceilings may not be imposed on the Indian Health
Service nor may any action be taken to reduce the full-time equivalent level
of the Indian Health Service by the elimination of temporary employees by
reduction in force, hiring freeze or any other means without the review and
approval of the Committees on Appropriations: Provided further, That
none of the funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human Services, relating
to eligibility for the health care services of the Indian Health Service until
the Indian Health Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and such request has
been included in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and accounted for in
the appropriation structure set forth in this Act: Provided further,
That the appropriation structure for the Indian Health Service may not be
altered without the advance approval of the House and Senate Committees on
Appropriations.
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
INDIAN EDUCATION
For necessary expenses to carry out, to the extent not otherwise provided,
the Indian Education Act of 1988, $77,547,000, of which $57,692,000 shall be
for subpart 1 and $16,596,000 shall be for subparts 2 and 3:
Provided, That $1,570,000 available pursuant to section 5323 of the Act
shall remain available for obligation until September 30, 1993.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian Relocation
as authorized by Public Law 93-531, $26,172,000, to remain available until
expended: Provided, That funds provided in this or any other
appropriations Act are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands residents, those in
significantly substandard housing, and all others certified as eligible and
not included in the preceding categories: Provided further, That none
of the funds contained in this or any other Act may be used to evict any
single Navajo or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided further,
That no relocatee will be provided with more than one new or replacement
home: Provided further, That the Office shall relocate any certified
eligible relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native
Culture and Arts Development
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska Native Culture
and Arts Development, as authorized by Public Law 99-498, as amended (20
U.S.C. 56, part A), $6,612,000, of which not to exceed $350,000 for Federal
matching contributions, to remain available until expended, shall be paid to
the Institute endowment fund: Provided, That notwithstanding any
other provision of law, the annual budget proposal and justification for the
Institute shall be submitted to the Congress concurrently with the submission
of the President's Budget to the Congress: Provided further, That the
Institute shall act as its own certifying officer.
Smithsonian Institution
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as authorized by
law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National Collections;
presentation of public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications; conduct of
education, training, and museum assistance programs; maintenance, alteration,
operation, lease (for terms not to exceed thirty years), and protection of
buildings, facilities, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to 5 replacement passenger vehicles; purchase,
rental, repair, and cleaning of uniforms for employees; $283,961,000, of which
not to exceed $25,839,000 for the instrumentation program, collections
acquisition, Museum Support Center equipment and move, exhibition
reinstallation, the National Museum of the American Indian, and the
repatriation of skeletal remains program shall remain available until expended
and, including such funds as may be necessary to support American overseas
research centers and a total of $125,000 for the Council of American Overseas
Research Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors performing research
services or participating in official Smithsonian presentations: Provided
further, That none of the funds appropriated herein shall be made
available for acquisition of land at the Smithsonian Environmental Research
Center before the date of the enactment of an Act authorizing the use of funds
for that purpose.
museum programs and related research
(SPECIAL FOREIGN CURRENCY PROGRAM)
Funds previously appropriated in this account for the American Institute
of Indian Studies Forward Funded Reserve may be invested in India by the
United States Embassy in India in interest bearing accounts with the interest
to be used along with other funds in the account to support the ongoing
programs of the American Institute of Indian Studies.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park, by
contract or otherwise, $8,000,000, to remain available until expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings owned or
occupied by the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623),
including not to exceed $10,000 for services as authorized by 5 U.S.C. 3109,
$24,710,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems, and exterior
repair or restoration of buildings of the Smithsonian Institution may be
negotiated with selected contractors and awarded on the basis of contractor
qualifications as well as price.
construction
For necessary expenses for construction, $19,400,000, to remain available
until expended: Provided, That none of the funds appropriated herein
shall be made available for construction of the East Court Building project,
National Museum of Natural History before the date of the enactment of an Act
authorizing the use of funds for that purpose.
National Gallery of Art
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative expenses
incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as
amended by the public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109;
payment in advance when authorized by the treasurer of the Gallery for
membership in library, museum, and art associations or societies whose
publications or services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for other employees
as authorized by law (5 U.S.C. 5901-5902); purchase or rental of devices and
services for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and grounds;
purchase of one passenger motor vehicle for replacement only; and purchase of
services for restoration and repair of works of art for the National Gallery
of Art by contracts made, without advertising, with individuals, firms, or
organizations at such rates or prices and under such terms and conditions as
the Gallery may deem proper, $49,192,000, of which not to exceed $3,120,000
for the special exhibition program shall remain available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation of buildings,
grounds and facilities owned or occupied by the National Gallery of Art, by
contract or otherwise, as authorized $3,600,000, to remain available until
expended: Provided, That contracts awarded for environmental systems,
protection systems, and exterior repair or renovation of buildings of the
National Gallery of Art may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well as price.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $5,744,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation on the Arts
and Humanities Act of 1965, as amended, $147,700,000 shall be available to the
National Endowment for the Arts for the support of projects and productions in
the arts through assistance to groups and individuals pursuant to section 5(c)
of the Act, and for administering the functions of the Act: Provided,
That none of the funds made available in this Act for the National
Endowment for the Arts may be used to fund any application for a grant that is
not submitted to the Endowment pursuant to existing law as contained in
section 5(d) of the National Foundation on the Arts and the Humanities Act of
1965 (20 U.S.C. 954(d)), for which terms are defined in section 3 of that Act
(20 U.S.C. 952).
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National Foundation
on the Arts and the Humanities Act of 1965, as amended, $30,500,000, to remain
available until September 30, 1993 to the National Endowment for the Arts, of
which $13,000,000 shall be available for purposes of section 5(l):
Provided, That this appropriation shall be available for obligation
only in such amounts as may be equal to the total amounts of gifts, bequests,
and devises of money, and other property accepted by the Chairman or by
grantees of the Endowment under the provisions of section 10(a)(2),
subsections 11(a)(2)(A) and 11(a)(3)(A) during the current and preceding
fiscal years for which equal amounts have not previously been appropriated.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation on the Arts
and the Humanities Act of 1965, as amended, $152,650,000 shall be available to
the National Endowment for the Humanities for support of activities in the
humanities, pursuant to section 7(c) of the Act, and for administering the
functions of the Act, of which $1,000,000 for the dissertation fellowship
program and $5,700,000 for the Office of Preservation shall remain available
until September 30, 1993.
matching grants
To carry out the provisions of section 10(a)(2) of the National Foundation
on the Arts and the Humanities Act of 1965, as amended, $25,550,000, to remain
available until September 30, 1993, of which $12,550,000 shall be available to
the National Endowment for the Humanities for the purposes of section 7(h):
Provided, That this appropriation shall be available for obligation
only in such amounts as may be equal to the total amounts of gifts, bequests,
and devises of money, and other property accepted by the Chairman or by
grantees of the Endowment under the provisions of subsections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years for which equal
amounts have not previously been appropriated.
Institute of Museum Services
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and Cultural Affairs
Act of 1976, as amended, $27,344,000, including not to exceed $250,000 as
authorized by 20 U.S.C. 965(b).
administrative provisions
None of the funds appropriated to the National Foundation on the Arts and
the Humanities may be used to process any grant or contract documents which do
not include the text of 18 U.S.C. 1913: Provided, That none of the
funds appropriated to the National Foundation on the Arts and the Humanities
may be used for official reception and representation expenses.
Commission of Fine Arts
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commission of Fine
Arts (40 U.S.C. 104), $722,000.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (99 Stat. 1261;
20 U.S.C. 956a), as amended, $7,000,000.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing an Advisory Council on
Historic Preservation, Public Law 89-665, as amended, $2,623,000:
Provided, That none of these funds shall be available for the
compensation of Executive Level V or higher positions.
National Capital Planning Commission
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital Planning Act
of 1952 (40 U.S.C. 71-71i), including services as authorized by 5 U.S.C. 3109,
$4,775,000.
Franklin Delano Roosevelt Memorial Commission
SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roosevelt Memorial
Commission, established by the Act of August 11, 1955 (69 Stat. 694), as
amended by Public Law 92-332 (86 Stat. 401), $33,000, to remain available
until September 30, 1993.
Pennsylvania Avenue Development Corporation
SALARIES AND EXPENSES
For necessary expenses, as authorized by section 17(a) of Public Law
92-578, as amended, $2,807,000, for operating and administrative expenses of
the Corporation.
PUBLIC DEVELOPMENT
For public development activities and projects in accordance with the
development plan as authorized by section 17(b) of Public Law 92-578, as
amended, $5,126,000, to remain available until expended.
United States Holocaust Memorial Council
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as authorized by Public
Law 96-388, as amended, $11,005,000: Provided, That none of these
funds shall be available for the compensation of Executive Level V or higher
positions.
TITLE III--GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this Act for any
consulting service through procurement contract, pursuant to 5 U.S.C. 3109,
shall be limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 302. No part of any appropriation under this Act shall be available
to the Secretary of the Interior or the Secretary of Agriculture for the
leasing of oil and natural gas by noncompetitive bidding on publicly owned
lands within the boundaries of the Shawnee National Forest, Illinois:
Provided, That nothing herein is intended to inhibit or otherwise
affect the sale, lease, or right to access to minerals owned by private
individuals.
SEC. 303. No part of any appropriation contained in this Act shall be
available for any activity or the publication or distribution of literature
that in any way tends to promote public support or opposition to any
legislative proposal on which congressional action is not complete.
SEC. 304. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
SEC. 305. None of the funds provided in this Act to any department or
agency shall be obligated or expended to provide a personal cook, chauffeur,
or other personal servants to any officer or employee of such department or
agency except as otherwise provided by law.
SEC. 306. None of the funds provided in this Act shall be used to
evaluate, consider, process, or award oil, gas, or geothermal leases on
Federal lands in the Mount Baker-Snoqualmie National Forest, State of
Washington, within the hydrographic boundaries of the Cedar River municipal
watershed upstream of river mile 21.6, the Green River municipal watershed
upstream of river mile 61.0, the North Fork of the Tolt River proposed
municipal watershed upstream of river mile 11.7, and the South Fork Tolt River
municipal watershed upstream of river mile 8.4.
SEC. 307. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless such assessments
and the basis therefor are presented to the Committees on Appropriations and
are approved by such Committees.
SEC. 308. Employment funded by this Act shall not be subject to any
personnel ceiling or other personnel restriction for permanent or other than
permanent employment except as provided by law.
SEC. 309. Notwithstanding any other provision of law, in fiscal year 1992
and thereafter, the Secretary of the Interior, the Secretary of Agriculture,
the Secretary of Energy, and the Secretary of the Smithsonian Institution are
authorized to enter into contracts with State and local governmental entities,
including local fire districts, for procurement of services in the
presuppression, detection, and suppression of fires on any units within their
jurisdiction.
SEC. 310. None of the funds provided by this Act to the United States Fish
and Wildlife Service may be obligated or expended to plan for, conduct, or
supervise deer hunting on the Loxahatchee National Wildlife Refuge.
SEC. 311. None of the funds in this Act may be used to plan, prepare, or
offer for sale timber from trees classified as giant sequoia (sequoiadendron
giganteum) which are located on National Forest System or Bureau of Land
Management lands until an environmental assessment has been completed and the
giant sequoia management implementation plan is approved. In any event, timber
harvest within the identified groves will be done only to enhance and
perpetuate giant sequoia. There will be no harvesting of giant sequoia
specimen trees. Removal of hazard, insect, disease and fire killed giant
sequoia other than specimen trees is permitted.
SEC. 312. Such sums as may be necessary for fiscal year 1992 pay raises
for programs funded by this Act shall be absorbed within the levels
appropriated in this Act.
SEC. 313. None of the funds made available by this or any other Act with
respect to any fiscal year may be used by the Department of the Interior or
the Forest Service, Department of Agriculture to make any reimbursements to
any other Federal department for litigation costs associated with the Prince
William Sound oilspill.
SEC. 314. None of the funds provided in this Act may be expended by the
Forest Service or the Bureau of Land Management to increase fees charged for
communication site use of lands administered by the Forest Service or Bureau
of Land Management by more than 15 per centum per user in fiscal year 1992
over the levels in effect on January 1, 1989.
SEC. 315. None of the funds appropriated by this Act may be used to ensure
that hardwood saw timber harvested from Federal lands east of the 100th
meridian is marked in such a manner as to make it readily identifiable at all
times before its manufacture.
SEC. 316. Notwithstanding any other provision of law, payments to States
pursuant to 16 U.S.C. 500 for National Forests affected by decisions relating
to the Northern Spotted Owl from fiscal year 1992 receipts shall not be less
than 90 per centum of the average annual payments to States, based on receipts
collected on those National Forests during the five-year baseline period of
fiscal years 1986 through 1990: Provided, That in no event shall
these payments exceed the total amount of receipts collected from the affected
National Forests during fiscal year 1992.
SEC. 317. Notwithstanding any other provision of law, the payment to be
made by the United States Government pursuant to the provision of subsection
(a) of title II of the Act of August 28, 1937 (50 Stat. 876) to the Oregon and
California land-grant counties in the State of Oregon from fiscal year 1992
receipts derived from the Oregon and California grant lands shall not be less
than 90 per centum of the average annual payment made to those counties of
their share of the Oregon and California land-grant receipts collected during
the five-year baseline period of fiscal years 1986 through 1990: Provided,
That in no event shall this payment exceed the total amount of receipts
collected from the Oregon and California grant lands during fiscal year
1992.
SEC. 318. With the exception of budget authority for 'Miscellaneous
payments to Indians', Bureau of Indian Affairs, Department of the Interior;
'Salaries and expenses', National Indian Gaming Commission, Department of the
Interior; 'Payment to the Institute', Institute of American Indian and Alaska
Native Culture and Arts Development; 'Salaries and expenses', Woodrow Wilson
International Center for Scholars; 'Salaries and expenses' and 'National
capital arts and cultural affairs', Commission on Fine Arts; 'Salaries and
expenses', Advisory Council on Historic Preservation; 'Salaries and expenses',
National Capital Planning Commission; 'Salaries and expenses', Franklin Delano
Roosevelt Memorial Commission; and 'Salaries and expenses' and 'Public
development', Pennsylvania Avenue Development Corporation, each amount of
budget authority for the fiscal year ending September 30, 1992, provided in
this Act, for payments not required by law is hereby reduced by 1.26 per
centum: Provided, That such reductions shall be applied ratably to
each account, program, activity, and project provided for in this Act.
LAND TRANSFER AND CONVEYANCE, PEASE AIR FORCE BASE, NEW HAMPSHIRE
SEC. 319. (a) TRANSFER BY THE AIR FORCE- Notwithstanding any other
provision of law, the Secretary of the Air Force shall transfer to the
Department of the Interior a parcel of real property located west of McIntyre
Road at the site of former Pease Air Force Base, New Hampshire: Provided,
That the Secretary of the Air Force shall retain responsibility for any
hazardous substances which may be found on the property so transferred.
(b) ESTABLISHMENT OF NATIONAL WILDLIFE REFUGE- Except as provided in
subsection (c), the Secretary of the Interior shall designate the parcel of
land transferred under subsection (a) as an area in the National Wildlife
Refuge System under the authority of section 4 of the Act of October 15, 1966
(16 U.S.C. 688dd).
(c) CONVEYANCE TO STATE OF NEW HAMPSHIRE-
(1) CONVEYANCE- Subject to paragraphs (2) through (5), the Secretary of
the Interior shall convey to the State of New Hampshire, without
consideration, all right, title, and interest of the United States in and to
a parcel of real property consisting of not more than 100 acres that is a
part of the real property transferred to the Secretary under subsection (a)
and that the Secretary determines to be suitable for use as a
cemetery.
(2) CONDITION OF CONVEYANCE- The conveyance under paragraph (1) shall be
subject to the condition that the State of New Hampshire use the property
conveyed under that paragraph only for the purpose of establishing and
operating a State cemetery for veterans.
(3) REVERSION- If the Secretary determines at any time that the State of
New Hampshire is not complying with the condition specified in paragraph
(2), all right, title, and interest in and to the property conveyed pursuant
to paragraph (1), including any improvements thereon, shall revert to the
United States and the United States shall have the right of immediate entry
thereon.
(4) DESCRIPTION OF PROPERTY- The exact acreage and legal description of
the parcel of real property to be conveyed under paragraph (1) shall be
determined by a survey that is satisfactory to the Secretary.
(5) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require any
additional terms or conditions in connection with the conveyance under this
subsection that the Secretary determines appropriate to protect the
interests of the United States.
(d) The purposes for which this national wildlife refuge is established
are--
(1) to encourage the natural diversity of plant, fish, and wildlife
species within the refuge, and to provide for their conservation and
management;
(2) to protect species listed as endangered or threatened, or identified
as candidates for listing pursuant to the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(3) to preserve and enhance the water quality of aquatic habitat within
the refuge; and
(4) to fulfill the international treaty obligations of the United States
relating to fish and wildlife.
SEC. 320. Amend section 12(d)(2) of Public Law 94-204 (The Act of January
2, 1976) as follows:
(a) In the second sentence of the first proviso, following the words
'public purposes' insert a period. Following the period add the following:
'An area encompassing approximately sixty-two acres and depicted on the map
entitled 'Native Heritage Park Proposal' and on file with the Secretary
shall be managed'.
(b) At the end of this section, add a new proviso: ': Provided
further, That to the extent necessary, any and all conveyance documents
executed concerning the conveyance of the lands referred to in this proviso
shall be deemed amended accordingly to conform to this proviso'.
This Act may be cited as the 'Department of the Interior and Related
Agencies Appropriations Act, 1992'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
