Departmental Management
For necessary expenses for management of the Department of the
Interior, $64,686,000, of which not to exceed $8,500 may be for official
reception and representation expenses, of which not to exceed $5,000,000
shall be available for payments pursuant to section 123 of this Act and
up to $1,000,000 shall be available for workers compensation payments
and unemployment compensation payments associated with the orderly
closure of the United States Bureau of Mines.
Office of the Solicitor
For necessary expenses of the Office of the Solicitor, $36,784,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$25,486,000.
Office of Special Trustee for American Indians
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $39,499,000, to
remain available until expended: Provided, That funds for trust
management improvements may be transferred to the Bureau of Indian
Affairs: Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated during fiscal
year 1999, as authorized by the
[[Page 112 STAT. 2681-251]]
Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the statute of
limitations shall not commence to run on any claim, including any claim
in litigation pending on the date of the enactment of this Act,
concerning losses to or mismanagement of trust funds, until the affected
tribe or individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there has been a
loss: <<NOTE: 25 USC 4011 note.>> Provided further, That notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least eighteen months and has a
balance of $1.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the accountholder.
Natural Resource Damage Assessment and Restoration
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990
(Public Law 101-380), and Public Law 101-337; $4,492,000, to remain
available until expended: Provided, That unobligated and unexpended
balances in the United States Fish and Wildlife Service, Natural
Resource Damage Assessment Fund account at the end of fiscal year 1998
shall be transferred to and made a part of the Departmental Offices,
Natural Resource Damage Assessment and Restoration, Natural Resource
Damage Assessment Fund account and shall remain available until
expended.
For necessary expenses of bureaus and offices of the Department of
the Interior to manage federal lands in Alaska for subsistence uses
under the provisions of Title VIII of the Alaska National Interest Lands
Conservation Act (Public Law 96-487 et seq.) except in areas described
in section 339(a)(1)(A) and (B) of this Act, $8,000,000 to become
available on September 30, 1999, and remain available until expended:
Provided, That if prior to October 1, 1999, the Secretary of the
Interior determines that the Alaska State Legislature has approved a
bill or resolution to amend the Constitution of the State of Alaska
that, if approved by the electorate, would enable the implementation of
state laws of general applicability which are consistent with, and which
provide for the definition, preference and participation specified in
sections 803, 804, and 805 of the Alaska National Interest Lands
Conservation Act, the Secretary of the Interior shall make an $8,000,000
grant to the State of Alaska for the purpose of assisting that State in
fulfilling its responsibilities under sections 803, 804, and 805
[[Page 112 STAT. 2681-252]]
of that Act: Provided further, That if, on June 1, 1999, the Secretary
is unable to make a determination that the Alaska State Legislature has
approved a bill or resolution to amend the Constitution of the State of
Alaska that, if approved by the electorate, would enable the
implementation of state laws of general applicability which are
consistent with and which provide for the definition, preference and
participation specified in sections 803, 804, and 805 of the Alaska
National Interest Lands Conservation Act, $1,000,000 of these funds
shall become available on June 1, 1999, and shall remain available until
expended (with expended amounts to be subtracted from the amount that
could be granted to the State), for the Secretary to conduct data
gathering and research on subsistence uses, and formulate plans for
operational aspects and in-season management, but not to implement and
enforce subsistence use management beyond those public lands which as of
October 1, 1998, were subject to federal management for subsistence uses
pursuant to Title VIII of the Alaska National Interest Lands
Conservation Act.
Administrative Provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation, purchase
or through available excess surplus property: Provided, That
notwithstanding any other provision of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in the
``Departmental Management'', ``Office of the Solicitor'', and ``Office
of Inspector General'' may be augmented through the Working Capital Fund
or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for
contingency planning subsequent
[[Page 112 STAT. 2681-253]]
to actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the prevention,
suppression, and control of actual or potential grasshopper and Mormon
cricket outbreaks on lands under the jurisdiction of the Secretary,
pursuant to the authority in section 1773(b) of Public Law 99-198 (99
Stat. 1658); for emergency reclamation projects under section 410 of
Public Law 95-87; and shall transfer, from any no year funds available
to the Office of Surface Mining Reclamation and Enforcement, such funds
as may be necessary to permit assumption of regulatory authority in the
event a primacy State is not carrying out the regulatory provisions of
the Surface Mining Act: Provided, That appropriations made in this title
for fire suppression purposes shall be available for the payment of
obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles,
aircraft, or other equipment in connection with their use for fire
suppression purposes, such reimbursement to be credited to
appropriations currently available at the time of receipt thereof:
Provided further, That for emergency rehabilitation and wildfire
suppression activities, no funds shall be made available under this
authority until funds appropriated to ``Wildland Fire Management'' shall
have been exhausted: Provided further, That all funds used pursuant to
this section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the Interior
for salaries and expenses shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of twelve months beginning at any time during
the fiscal year.
[[Page 112 STAT. 2681-254]]
Sec. 107. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore oil and natural
gas preleasing, leasing, and related activities, on lands within the
North Aleutian Basin planning area.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the eastern Gulf of Mexico
planning area for any lands located outside Sale 181, as identified in
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program,
1997-2002.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 111. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the Funds, even in the
event of a bank failure.
Sec. 112. <<NOTE: 50 USC 167 note.>> (a) Employees of Helium
Operations, Bureau of Land Management, entitled to severance pay under 5
U.S.C. 5595, may apply for, and the Secretary of the Interior may pay,
the total amount of the severance pay to the employee in a lump sum.
Employees paid severance pay in a lump sum and subsequently reemployed
by the Federal Government shall be subject to the repayment provisions
of 5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be made
to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the required
employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund
shall pay for 18 months the remaining portion of required contributions.
(c) The Secretary of the Interior may provide for training to assist
Helium Operations employees in the transition to other Federal or
private sector jobs during the facility shut-down and disposition
process and for up to 12 months following separation from
[[Page 112 STAT. 2681-255]]
Federal employment, including retraining and relocation incentives on
the same terms and conditions as authorized for employees of the
Department of Defense in section 348 of the National Defense
Authorization Act for Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions of 5
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and
other related Helium Program activities shall be deemed to create an
exigency of public business under, and annual leave that is lost during
leave years 1997 through 2001 because of 5 U.S.C. 6304 (regardless of
whether such leave was scheduled in advance) shall be restored to the
employee and shall be credited and available in accordance with 5 U.S.C.
6304(d)(2). Annual leave so restored and remaining unused upon the
transfer of a Helium Program employee to a position of the executive
branch outside of the Helium Program shall be liquidated by payment to
the employee of a lump sum from the Helium Fund for such leave.
(e) Benefits under this section shall be paid from the Helium Fund
in accordance with section 4(c)(4) of the Helium Privatization Act of
1996. Funds may be made available to Helium Program employees who are or
will be separated before October 1, 2002 because of the cessation of
helium production and sales and other related activities. Retraining
benefits, including retraining and relocation incentives, may be paid
for retraining commencing on or before September 30, 2002.
Sec. 113. <<NOTE: 43 USC 1473e.>> In fiscal year 1999 and
thereafter, the Secretary may accept donations and bequests of money,
services, or other personal property for the management and enhancement
of the Department's Natural Resources Library. The Secretary may hold,
use, and administer such donations until expended and without further
appropriation.
Sec. 114. Notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
funds available under this title for Indian self-determination or self-
governance contract or grant support costs may be expended only for
costs directly attributable to contracts, grants and compacts pursuant
to the Indian Self-Determination Act and no funds appropriated in this
title shall be available for any contract support costs or indirect
costs associated with any contract, grant, cooperative agreement, self-
governance compact or funding agreement entered into between an Indian
tribe or tribal organization and any entity other than an agency of the
Department of the Interior.
Sec. 115. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to develop
guidelines and permits for such activity appropriate to that unit.
Sec. 116. (a) Denver Service Center, Presidio, and Golden Gate
National Recreation Area employees who voluntarily resign or retire from
the National Park Service on or before December 31, 1998, shall receive,
from the National Park Service, a lump sum voluntary separation
incentive payment that shall be equal to the lesser of an amount equal
to the amount the employee would be entitled to receive under section
5595(c) of title 5, United States Code,
[[Page 112 STAT. 2681-256]]
if the employee were entitled to payment under such section; or $25,000.
(1) The voluntary separation incentive payment--
(A) shall not be a basis for payment, and shall not
be included in the computation of any other type of
Government benefit; and
(B) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employee.
(2) Employees receiving a voluntary separation incentive
payment and accepting employment with the Federal Government
within five years of the date of separation shall be required to
repay the entire amount of the incentive payment to the National
Park Service.
(3) The Secretary may, at the request of the head of an
Executive branch agency, waive the repayment under paragraph (2)
if the individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(4) In addition to any other payment which it is required to
make under Subchapter III of chapter 83 of title 5, United
States Code, the National Park Service shall remit to the Office
of Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement and
Disability Fund an amount equal to 15 percent of the final basic
pay of each employee of the National Park Service--
(A) who retires under section 8336(d)(2) of Title 5,
United States Code; and,
(B) to whom a voluntary separation incentive payment
has been or is to be paid under the provisions of this
section.
(b) Employees of Denver Service Center, Presidio, and Golden Gate
National Recreation Area entitled to severance pay under 5 U.S.C. 5595,
may apply for, and the National Park Service may pay, the total amount
of severance pay to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the Federal Government
shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and
(3), except that any repayment shall be made to the National Park
Service.
(c) Employees of the Denver Service Center, Presidio, and Golden
Gate National Recreation Area who voluntarily resign on or before
December 31, 1998, or who are separated in a reduction in force, shall
be liable for not more than the required employee contribution under 5
U.S.C. 8905a(d)(1)(A) if they elect to continue health benefits after
separation. The National Park Service shall pay for 12 months the
remaining portion of required contributions.
Sec. 117. Notwithstanding any other provision of law, the Secretary
is authorized to permit persons, firms or organizations engaged in
commercial, cultural, educational, or recreational activities (as
defined in section 612a of title 40, United States Code) not currently
occupying such space to use courtyards, auditoriums, meeting rooms, and
other space of the main and south Interior building complex, Washington,
D.C., the maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General Services
pursuant to the Federal Property and Administrative Services Act of
1949, and to assess reasonable charges therefore, subject to such
procedures as the Secretary deems appropriate for such uses. Charges may
be for the space, utilities, maintenance, repair, and other services.
Charges
[[Page 112 STAT. 2681-257]]
for such space and services may be at rates equivalent to the prevailing
commercial rate for comparable space and services devoted to a similar
purpose in the vicinity of the main and south Interior building complex,
Washington, D.C. for which charges are being assessed. The Secretary may
without further appropriation hold, administer, and use such proceeds
within the Departmental Management Working Capital Fund to offset the
operation of the buildings under his jurisdiction, whether delegated or
otherwise, and for related purposes, until expended.
Sec. 118. <<NOTE: 16 USC 460o note.>> The 37 mile River Valley Trail
from the town of Delaware Gap to the edge of the town of Milford,
Pennsylvania located within the Delaware Water Gap National Recreation
Area shall hereafter be referred to in any law, regulation, document, or
record of the United States as the Joseph M. McDade Recreational Trail.
Sec. 119. (a) In this section--
(1) the term ``Huron Cemetery'' means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary to
ensure that the lands comprising the Huron Cemetery (as described in
paragraph (3)) are used only in accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used only--
(A) for religious and cultural uses that are compatible with
the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is as
follows:
The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E.,
of the sixth principal meridian, in Wyandotte County, Kansas (as
surveyed and marked on the ground on August 15, 1888, by William Millor,
Civil Engineer and Surveyor), described as follows:
``Commencing on the Northwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 10;
``Thence South 28 poles to the `true point of beginning';
``Thence South 71 degrees East 10 poles and 18 links;
``Thence South 18 degrees and 30 minutes West 28 poles;
``Thence West 11 and one-half poles;
``Thence North 19 degrees 15 minutes East 31 poles and 15
feet to the `true point of beginning', containing 2 acres or
more.''.
Sec. 120. (a) Study.--The Secretary shall enter into an agreement
with and provide funding, to the National Academy of Sciences (NAS), the
Board on Earth Sciences and Resources (Board), to conduct a detailed,
comprehensive study of the environmental and reclamation requirements
relating to mining of locatable minerals on federal lands and the
adequacy of those requirements to prevent unnecessary or undue
degradation of federal lands in each state in which such mining occurs.
(1) Contents.--The study shall identify and consider--
(A) the operating, reclamation and permitting
requirements for locatable minerals mining and
exploration
[[Page 112 STAT. 2681-258]]
operations on federal lands by federal and state air,
water, solid waste, reclamation and other environmental
statutes, including surface management regulations
promulgated by federal land management agencies and
state primacy programs under applicable federal statutes
and state laws and the time requirements applicable to
project environmental review and permitting;
(B) the adequacy of federal and state environmental,
reclamation and permitting statutes and regulations
applicable in any state or states where mining or
exploration of locatable minerals on federal lands is
occurring, to prevent unnecessary or undue degradation;
and
(C) recommendations and conclusions regarding how
federal and state environmental, reclamation and
permitting requirements and programs can be coordinated
to ensure environmental protection, increase efficiency,
avoid duplication and delay, and identify the most cost-
effective manner for implementation.
(b) Report.--
No later than July 31, 1999, the Board shall submit a report
addressing areas described under (a)(1) to the appropriate
federal agencies, the Congress and the Governors of affected
states.
(c) Funds.--From the funds collected for mining law administration,
the Secretary shall provide to the NAS such funds as it requests, not to
exceed $800,000, for the purpose of conducting this analysis.
(d) Surface Management Regulations.--The Secretary of the Interior
shall not promulgate any final regulations to change the Bureau of Land
Management regulations found at 43 CFR Part 3809 prior to September 30,
1999.
Sec. 121. Overhead charges levied by the Fish and Wildlife Service
on any and all funds transferred from the Bureau of Reclamation for the
Recovery Implementation Program for Endangered Fish Species in the Upper
Colorado River Basin and for the Recovery Implementation Program for
Endangered Fish Species in the San Juan River Basin shall be limited to
no more than 50 percent of the biennially determined full indirect cost
recovery rate.
Sec. 122. (a) ANCSA Determination.--
(1) Within 180 days following the enactment of this Act, the
Bureau of Land Management shall conduct a determination under
section 3(e) of the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) of the property described as Lot 1, Block
12; the north 50 feet of Lots 43 and 44, Block 12; Lots 50, 51
and 52, Block 12; Lots 28 and 29, Block 33; and a strip of land
25 feet in length running east and west by 24 feet in width
running north and south in the southwest corner of Lot 15, Block
33, all within the Nome Townsite, Records of the Cape Nome
Recording District, Second Judicial District, State of Alaska.
(2) The ANCSA section 3(e) determination will determine if
the lands must be conveyed to the Sitnasuak Native Corporation
(the village corporation for Nome).
(3) If and only if the Bureau of Land Management's ANCSA
section 3(e) determination concludes that the Sitnasuak Native
Corporation is not entitled to the lands, and following the
settlement of any and all claims filed appealing the decision,
[[Page 112 STAT. 2681-259]]
the Secretary shall carry out subsection (b) of this section,
and the provisions of subsection (c) shall take effect.
(b) Conveyance.--The Secretary shall convey to Kawerak, Inc., a non-
profit tribal organization in Nome, Alaska, without consideration, all
right, title, and interest of the United States, subject to all valid
existing rights and to the rights-of-way described in subsection (c), in
the property described as Lot 1, Block 12; the north 50 feet of Lots 43
and 44, Block 12; Lots 50, 51 and 52, Block 12; Lots 28 and 29, Block
33; and a strip of land 25 feet in length running east and west by 24
feet in width running north and south in the southwest corner of Lot 15,
Block 33, all within the Nome Townsite, Records of the Cape Nome
Recording District, Second Judicial District, State of Alaska.
(c) Rights-of-Way.--The property conveyed under subsection (b) shall
be subject to--
(1) title of the State of Alaska, Department of Highways, as
to the south three feet of Lots 50, 51, and 52 of Block 12; and
(2) rights of the public or of any governmental agencies in
and to any portion of the property lying within any roads,
streets, or highways.
Sec. 123. <<NOTE: 16 USC 410hh-4 note.>> Commercial Fishing in
Glacier Bay National Park. (a) General.--
(1) The Secretary of the Interior and the State of Alaska
shall cooperate in the development of a management plan for the
regulation of commercial fisheries in Glacier Bay National Park
pursuant to existing State and Federal statutes and any
applicable international conservation and management treaties.
Such management plan shall provide for commercial fishing in the
marine waters within Glacier Bay National Park outside of
Glacier Bay Proper, and in the marine waters within Glacier Bay
Proper as specified in paragraphs (a)(2) through (a)(5), and
shall provide for the protection of park values and purposes,
for the prohibition of any new or expanded fisheries, and for
the opportunity for the study of marine resources.
(2) In the nonwilderness waters within Glacier Bay Proper,
commercial fishing shall be limited, by means of non-
transferable lifetime access permits, solely to individuals
who--
(A) hold a valid commercial fishing permit for a
fishery in a geographic area that includes the
nonwilderness waters within Glacier Bay Proper;
(B) provide a sworn and notarized affidavit and
other available corroborating documentation to the
Secretary of the Interior sufficient to establish that
such individual engaged in commercial fishing for
halibut, tanner crab, or salmon in Glacier Bay Proper
during qualifying years which shall be established by
the Secretary of the Interior within one year of the
date of the enactment of this Act; and
(C) fish only with--
(i) longline gear for halibut;
(ii) pots or ring nets for tanner crab; or
(iii) trolling gear for salmon.
(3) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the West Arm of Glacier Bay Proper
(West Arm) north of 58 degrees, 50 minutes north latitude,
[[Page 112 STAT. 2681-260]]
except for trolling for king salmon during the period from
October 1 through April 30. The waters of Johns Hopkins Inlet,
Tarr Inlet and Reid Inlet shall remain closed to all commercial
fishing.
(4) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the East Arm of Glacier Bay Proper
(East Arm) north of a line drawn from Point Caroline, through
the southern end of Garforth Island to the east side of Muir
Inlet, except that trolling for king salmon during the period
from October 1 through April 30 shall be allowed south of a line
drawn across Muir Inlet at the southernmost point of Adams
Inlet.
(5) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in Geikie Inlet.
(b) The Beardslee Islands and Upper Dundas Bay.--Commercial fishing
is prohibited in the designated wilderness waters within Glacier Bay
National Park and Preserve, including the waters of the Beardslee
Islands and Upper Dundas Bay. Any individual who--
(1) on or before February 1, 1999, provides a sworn and
notarized affidavit and other available corroborating
documentation to the Secretary of the Interior sufficient to
establish that he or she has engaged in commercial fishing for
Dungeness crab in the designated wilderness waters of the
Beardslee Islands or Dundas Bay within Glacier Bay National Park
pursuant to a valid commercial fishing permit in at least six of
the years during the period 1987 through 1996;
(2) at the time of receiving compensation based on the
Secretary of the Interior's determination as described below--
(A) agrees in writing not to engage in commercial
fishing for Dungeness crab within Glacier Bay Proper;
(B) relinquishes to the State of Alaska for the
purposes of its retirement any commercial fishing permit
for Dungeness crab for areas within Glacier Bay Proper;
(C) at the individual's option, relinquishes to the
United States the Dungeness crab pots covered by the
commercial fishing permit; and
(D) at the individual's option, relinquishes to the
United States the fishing vessel used for Dungeness crab
fishing in Glacier Bay Proper; and
(3) holds a current valid commercial fishing permit that
allows such individual to engage in commercial fishing for
Dungeness crab in Glacier Bay National Park,
shall be eligible to receive from the United States compensation that is
the greater of (i) $400,000, or (ii) an amount equal to the fair market
value (as of the date of
relinquishment) of the commercial fishing permit for Dungeness crab, of
any Dungeness crab pots or other Dungeness crab gear, and of not more
than one Dungeness crab fishing vessel, together with an amount equal to
the present value of the foregone net income from commercial fishing for
Dungeness crab for the period January 1, 1999, through December 31,
2004, based on the individual's net earnings from the Dungeness crab
fishery during the period January 1, 1991, through December 31, 1996.
Any individual seeking such compensation shall provide the consent
necessary for the Secretary of the
[[Page 112 STAT. 2681-261]]
Interior to verify such net earnings in the fishery. The Secretary of
the Interior's determination of the amount to be paid shall be completed
and payment shall be made within six months from the date of application
by the individuals described in this subsection and shall constitute
final agency action subject to review pursuant to the Administrative
Procedures Act in the United States District Court for the District of
Alaska.
(c) Definition and Savings Clause.--
(1) As used in this section, the term ``Glacier Bay Proper''
shall mean the marine waters within Glacier Bay, including coves
and inlets, north of a line drawn from Point Gustavus to Point
Carolus.
(2) Nothing in this section is intended to enlarge or
diminish Federal or State title, jurisdiction, or authority with
respect to the waters of the State of Alaska, the waters within
the boundaries of Glacier Bay National Park, or the tidal or
submerged lands under any provision of State or Federal law.
Sec. 124. Notwithstanding any other provision of law, grazing
permits which expire during fiscal year 1999 shall be renewed for the
balance of fiscal year 1999 on the same terms and conditions as
contained in the expiring permits, or until the Bureau of Land
Management completes processing these permits in compliance with all
applicable laws, whichever comes first. Upon completion of processing by
the Bureau, the terms and conditions of existing grazing permits may be
modified, if necessary, and reissued for a term not to exceed ten years.
Nothing in this language shall be deemed to affect the Bureau's
authority to otherwise modify or terminate grazing permits.
Sec. 125. Conveyance to the Town of Pahrump, Nevada. (a)
Conveyance.--The Secretary of the Interior, acting through the Director
of the Bureau of Land Management, shall convey to the town of Pahrump,
Nevada, without consideration, subject to the requirements of 43 U.S.C.
869, all right, title, and interest of the land subject to all valid
existing rights in the public lands located south and west of Highway
160 within Sections
32 and 33, T. 20 S., R. 54 E., Mount Diablo Meridian.
(b) Use.--The conveyance of the property under subsection (a) shall
be subject to reversion to the United States if the property is used for
a purpose other than the purpose of a public fairground or a related
public purpose.
Sec. 126. Special Federal Aviation Regulation No. 78, regarding
commercial air tour operators in the vicinity of the Rocky Mountain
National Park, as published in the Federal Register on January 8, 1997,
shall remain in effect until otherwise provided by an Act of Congress.
Sec. 127. <<NOTE: 16 USC 3192a.>> Notwithstanding any other
provision of law, none of the funds provided in this Act or any other
Act hereafter enacted may be used by the Secretary of the Interior,
except with respect to land exchange costs and costs associated with the
preparation of land acquisitions, in the acquisition of State, private,
or other non-federal lands (or any interest therein) in the State of
Alaska, unless, in the acquisition of any State, private, or other non-
federal lands (or interest therein) in the State of Alaska, the
Secretary seeks to exchange unreserved public lands before purchasing
all or any portion of such lands (or interest therein) in the State of
Alaska.
[[Page 112 STAT. 2681-262]]
Sec. 128. Charleston, <<NOTE: 16 USC 461 note.>> Arkansas National
Commemorative Site. (a) The Congress finds that--
(1) the 1954 U.S. Supreme Court decision of Brown v. Board
of Education, which mandated an end to the segregation of public
schools, was one of the most significant Court decisions in the
history of the United States;
(2) the Charleston Public School District in Charleston,
Arkansas, in September, 1954, became the first previously-
segregated public school district in the former Confederacy to
integrate following the Brown decision;
(3) the orderly and peaceful integration of the public
schools in Charleston served as a model and inspiration in the
development of the Civil Rights movement in the United States,
particularly with respect to public education; and
(4) notwithstanding the important role of the Charleston
School District in the successful implementation of integrated
public schools, the role of the district has not been adequately
commemorated and interpreted for the benefit and understanding
of the nation.
(b) The Charleston Public School complex in Charleston, Arkansas is
hereby designated as the ``Charleston National Commemorative Site'' in
commemoration of the Charleston schools' role as the first public school
district in the South to integrate following the 1954 United States
Supreme Court decision, Brown v. Board of Education.
(c) The Secretary, after consultation with the Charleston Public
School District, shall establish an appropriate commemorative monument
and interpretive exhibit at the Charleston National Commemorative Site
to commemorate the 1954 integration of Charleston's public schools.
Sec. 129. (a) In the event any tribe returns appropriations made
available by this Act to the Bureau of
Indian Affairs for distribution to other tribes, this action shall not
diminish the Federal Government's trust responsibility to that tribe, or
the government-to-government relationship between the United States and
that tribe, or that tribe's ability to access future appropriations.
(b) The Bureau of Indian Affairs (BIA) shall develop alternative
methods to fund tribal priority allocations (TPA) base programs in
future years. The alternatives shall consider tribal revenues and
relative needs of tribes and tribal members. No later than April 1,
1999, the BIA shall submit a report to Congress containing its
recommendations and other alternatives. The report shall also identify
the methods proposed to be used by BIA to acquire data that is not
currently available to BIA and any data gathering mechanisms that may be
necessary to encourage tribal compliance. Notwithstanding any other
provision of law, for the purposes of developing recommendations, the
Bureau of Indian Affairs is hereby authorized access to tribal revenue-
related data held by any Federal agency, excluding information held by
the Internal Revenue Service.
(c) Except as provided in subsection (d), tribal revenue shall
include the sum of tribal net income, however derived, from any business
venture owned, held, or operated, in whole or in part, by any tribal
entity which is eligible to receive TPA on behalf of the members of any
tribe, all amounts distributed as per capita payments which are not
otherwise included in net income, and any income from fees, licenses or
taxes collected by any tribe.
[[Page 112 STAT. 2681-263]]
(d) The calculation of tribal revenues shall exclude payments made
by the Federal Government in settlement of claims or judgments and
income derived from lands, natural resources, funds, and assets held in
trust by the Secretary of the Interior.
(e) In developing alternative TPA distribution methods, the Bureau
of Indian Affairs will take into account the financial obligations of a
tribe, such as budgeted health, education and public works service
costs; its compliance, obligations and spending requirements under the
Indian Gaming Regulatory Act; its compliance with the Single Audit Act;
and its compact with its State.
Sec. 130. None of the funds in this or any other Act shall be used
to issue a notice of final rulemaking with respect to the valuation of
crude oil for royalty purposes, including a rulemaking derived from
proposed rules published in 63 Federal Register 6113 (1998), 62 Federal
Register 36030, and 62 Federal Register 3742 (1997) until June 1, 1999,
or until there is a negotiated agreement on the rule.
Sec. 131. Up to $8,000,000 of funds available in fiscal years 1998
and 1999 shall be available for grants, not covering more than 33
percent of the total cost of any acquisition to be made with such funds,
to States and local communities for purposes of acquiring lands or
interests in lands to preserve and protect Civil War battlefield sites
identified in the July 1993 Report on the Nation's Civil War
Battlefields prepared by the Civil War Sites Advisory Commission. Lands
or interests in lands acquired pursuant to this section shall be subject
to the requirements of paragraph 6(f)(3) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
Sec. 132. Leasing of Certain Reserved Mineral Interests. (a)
Application of Mineral Leasing Act.--Notwithstanding section 4 of Public
Law 88-608 (78 Stat. 988), the Federal reserved mineral interests in
land conveyed under that Act by United States land patents No. 49-71-
0059 and No. 49-71-0065 shall be subject to the Act of February 25, 1920
(commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.).
(b) Entry.--
(1) In general.--A person that acquires a lease under the
Act of February 25, 1920 (30 U.S.C. 181 et seq.) for the
interests referred to in subsection (a) may exercise the right
of entry that
is reserved to the United States and persons authorized by the United
States in the patents conveying the land described in subsection (a) by
occupying so much of the surface the land as may be required for
purposes reasonably incident to the exploration for, and extraction and
removal of, the leased minerals.
(2) Condition.--A person that exercises a right of entry
under paragraph (1), shall, before commencing occupancy--
(A) secure the written consent or waiver of the
patentee; or
(B) post a bond or other financial guarantee with
the Secretary of the Interior in an amount sufficient to
ensure--
(i) the completion of reclamation pursuant to
the requirements of the Secretary under the Act of
February 25, 1920 (30 U.S.C. 181 et seq.); and
(ii) the payment to the surface owner for--
[[Page 112 STAT. 2681-264]]
(I) any damage to a crop or tangible
improvement of the surface owner that
results from activity under the mineral
lease; and
(II) any permanent loss of income to
the surface owner due to loss or
impairment of grazing use or of other
uses of the land by the surface owner at
the time of commencement of activity
under the mineral lease.
(c) Effective Date.--In the case of the land conveyed by United
States patent No. 49-71-0065, this section takes effect January 1, 1997.
Sec. 133. Notwithstanding any other provision of law, the Tribal
Self-Governance Act (25 U.S.C. Sec. 458aa et seq.) <<NOTE: 25 USC
458ff.>> is amended at Sec. 458ff(c) by inserting ``450c(d),''
following the word ``sections''.
<<NOTE: 16 USC 3503 note.>> Sec. 134. Correction to Coastal Barrier
Resources System Map. (a) In General.--Not later than 30 days after the
date of enactment of this Act, the Secretary of the Interior shall make
such corrections to the map described in subsection (b) as are necessary
to restore on that map the September 30, 1982, boundary for Unit M09 on
the portion of Edisto Island located immediately to the south and west
of the Jeremy Cay Causeway.
(b) Map Described.--The map described in this subsection is the map
included in a set of maps entitled ``Coastal Barrier Resources System'',
dated October 24, 1990, that relates to the unit of the Coastal Barrier
Resources System entitled ``Edisto Complex M09/M09P''.
<<NOTE: 16 USC 410hh-1 note.>> Sec. 135. Katmai National Park Land
Exchange. (a) Ratification of Agreement.--
(1) Ratification.--
(A) In general.--The terms, conditions, procedures,
covenants, reservations, and other provisions set forth
in the document entitled ``Agreement for the Sale,
Purchase and Conveyance of Lands between the Heirs,
Designees and/or Assigns of Palakia Melgenak and the
United States of America'' (hereinafter referred to in
this section as the ``Agreement''), executed by its
signatories, including the heirs, designees and/or
assigns of Palakia Melgenak (hereinafter referred to in
this section as the ``Heirs'') effective on September 1,
1998 are authorized, ratified and confirmed, and set
forth the obligations and commitments of the United
States and all other signatories, as a matter of Federal
law.
(B) Native allotment.--Notwithstanding any provision
of law to the contrary, all lands described in section
2(c) of the Agreement for conveyance to the Heirs shall
be deemed a replacement transaction under ``An Act to
relieve restricted Indians in the Five Civilized Tribes
whose nontaxable lands are required for State, county or
municipal improvements or sold to other persons or for
other purposes'' (25 U.S.C. 409a, 46 Stat. 1471), as
amended, and the Secretary shall convey such lands by a
patent consistent with the terms of the Agreement and
subject to the same restraints on alienation and tax-
exempt status as provided for Native allotments pursuant
to ``An Act authorizing the Secretary of the Interior to
allot homesteads to the natives of Alaska'' (34 Stat.
197), as amended, repealed by section 18(a) the Alaska
Native Claims
[[Page 112 STAT. 2681-265]]
Settlement Act (85 Stat. 710), with a savings clause for
applications pending on December 18, 1971.
(C) Land acquisition.--Lands and interests in land
acquired by the United States pursuant to the Agreement
shall be administered by the Secretary of the Interior
(hereinafter referred to as the ``Secretary'') as part
of the Katmai National Park, subject to the laws and
regulations applicable thereto.
(2) Maps and deeds.--The maps and deeds set forth in the
Agreement generally depict the lands subject to the conveyances,
the retention of consultation rights, the conservation easement,
the access rights, Alaska Native Allotment Act status, and the
use and transfer restrictions.
(b) <<NOTE: 16 USC 1132 note.>> Katmai National Park and Preserve
Wilderness.--Upon the date of closing of the conveyance of the
approximately 10 acres of Katmai National Park Wilderness lands to be
conveyed to the Heirs under the Agreement, the following lands shall
hereby be designated part of the Katmai Wilderness as designated by
section 701(4) of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 1132 note; 94 Stat. 2417):
A strip of land approximately one half mile long and 165 feet
wide lying within Section 1, Township 24 South, Range 33 West,
Seward Meridian, Alaska, the center line of which is the center
of the unnamed stream from its mouth at Geographic Harbor to the
north line of said Section 1. Said unnamed stream flows from the
unnamed lake located in Sections 25 and 26, Township 23 South,
Range 33 West, Seward Meridian. This strip of land contains
approximately 10 acres.
(c) Availability of Appropriation.--None of the funds appropriated
in this Act or any other Act hereafter enacted for the implementation of
the Agreement may be expended until the Secretary determines that the
Heirs have signed a valid and full relinquishment and release of any and
all claims described in section 2(d) of the Agreement.
(d) General Provisions.--
(1) All of the lands designated as Wilderness pursuant to
this section shall be subject to any valid existing rights.
(2) Subject to the provisions of the Alaska National
Interest Lands Conservation Act, the Secretary shall ensure that
the lands in the Geographic Harbor area not directly affected by
the Agreement remain accessible for the public, including its
mooring and mechanized transportation needs.
(3) The Agreement shall be placed on file and available for
public inspection at the Alaska Regional Office of the National
Park Service, at the office of the Katmai National Park and
Preserve in King Salmon, Alaska, and at least one public
facility managed by the Federal, State or local government
located in each of Homer, Alaska, and Kodiak, Alaska and such
other public facilities which the
Secretary determines are suitable and accessible for such public
inspections. In addition, as soon as practicable after enactment of this
provision, the Secretary shall make available for public inspection in
those same offices, copies of all maps and legal descriptions of lands
prepared in implementing either the Agreement or this section. Such
legal descriptions shall be published in the Federal Register and filed
with the Speaker of the House of Representatives and the President of
the Senate.
[[Page 112 STAT. 2681-266]]
Sec. 136. Watershed Restoration and Enhancement Agreements. Section
124(a) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (16 U.S.C. 1011(a)) is amended by striking
``with willing private landowners for restoration and enhancement of
fish, wildlife, and other biotic resources on public or private land or
both'' and inserting ``with the heads of other Federal agencies, tribal,
State, and local governments, private and nonprofit entities, and
landowners for the protection, restoration, and enhancement of fish and
wildlife habitat and other resources on public or private land and the
reduction of risk from natural disaster where public safety is
threatened''.
Sec. 137. None of the funds made available in this or any other Act
may be expended before March 31, 1999 to publish final regulations based
on the regulations proposed at 63 Fed. Reg. 3289 on January 22, 1998.
Sec. 138. Acquisition of Real Property Interests for Addition to
Chickamauga and Chattanooga National Military Park. The Act of August
19, 1890 (16 U.S.C. 424), is amended by adding at the end the following:
``SEC. 12. <<NOTE: 16 USC 424-1.>> ACQUISITION OF LAND.
``(a) In General.--The Secretary of the Interior may acquire private
land, easements, and buildings within the areas authorized for
acquisition for the Chickamauga and Chattanooga National Military Park,
by donation, purchase with donated or appropriated funds, or exchange.
``(b) Limitation.--Land, easements, and buildings described in
subsection (a) may be acquired only from willing sellers.
``(c) Administration.--Land, easements, and buildings acquired by
the Secretary under subsection (a) shall be administered by the
Secretary as part of the park.''.
Sec. 139. Amounts invoiced by the Secretary of the Interior and paid
in full before the date of enactment of this Act for the purchase of
Federal royalty oil by a refiner pursuant to the preference for small
refiners in section 36 of the Mineral Leasing Act (30 U.S.C. 192) or
section 27(b)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1353(b)(2)) are hereby ratified and deemed to be the refiner's total
obligation to the United States for such purchases notwithstanding any
other provision of law, including the regulations set forth in 30 C.F.R.
208.13 (1997), subject to adjustment to reconcile billed volumes with
delivered volumes: Provided, That all delivered royalty oil volumes so
invoiced were processed, used, or exchanged for other crude oil on a
volume or equivalent basis that was processed or used, in the refiner's
refineries located in the United States.
Sec. 140. Remaining funds in the amount of $250,000, appropriated as
part of Public Law 105-83 in the National Park Service construction
account for fiscal year 1998 for an environmental impact statement of a
site for an interpretive center along the Blue Ridge Parkway near
Roanoke, Virginia, may be used for the construction of an interpretive
center outside of the boundaries of the Blue Ridge Parkway, near
Roanoke, Virginia.
Sec. 141. Section 5(a)(3) of the Act entitled ``An Act to provide
for the establishment of the Indiana Dunes National Lakeshore, and for
other purposes'', approved November 5, 1966 (16 U.S.C. 460u-5(a)(3)), is
amended--
[[Page 112 STAT. 2681-267]]
(1) in subparagraph (A), in the matter preceding clause (i),
by--
(A) striking ``as of that date''; and
(B) inserting ``, subject to subparagraph (B),''
after ``term ending''; and
(2) in subparagraph (B), by striking ``Subparagraph (A)''
and inserting ``Subparagraph (A)(ii)''.
Sec. 142. Notwithstanding any other provision of law, any settlement
or judgment against the United States for the legislative taking by
section 817 of Public Law 104-333 (110 Stat. 4200-4201) of real property
on the eastern end of Santa Cruz Island known as the Gherini Ranch shall
be paid solely from the permanent judgment appropriation established
pursuant to section 1304 of title 31, United States Code.
Sec. 143. <<NOTE: 16 USC 410rr et seq.>> Public Law 102-350 (16
U.S.C. 410) is amended to strike ``Marsh-Billings'' each place it
appears and insert ``Marsh-Billings-Rockefeller''.
Sec. 144. Refunds or rebates received on an on-going basis from a
credit card services provider under the Department of the Interior's
charge card programs may be deposited to and retained without fiscal
year limitation in the Departmental Working Capital Fund established
under 43 U.S.C. 1467 and used to fund management initiatives of general
benefit to the Department of the Interior's bureaus and offices as
determined by the Secretary or his designee.
Sec. 145. <<NOTE: 16 USC 460kkk note.>> The principal visitor
center for the Santa Monica Mountains National Recreation Area,
regardless of location, shall be named for Anthony C. Beilenson and
shall be referred to in any law, document or record of the United States
as the ``Anthony C. Beilenson Visitor Center''.
<<NOTE: 16 USC 79a note.>> Sec. 146. The Redwood Information Center
located at 119231 Highway 101 in Orick, California is hereby named the
``Thomas H. Kuchel Visitor Center'' and shall be referred to in any law,
document or record of the United States as the ``Thomas H. Kuchel
Visitor Center''.
Sec. 147. Appropriations made in this title under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior appropriations
Acts made under the same headings, shall be available for expenditure or
transfer for Indian trust management activities pursuant to the Trust
Management Improvement Project High Level Implementation Plan.
Sec. 148. All funds received by the United States as a result of the
sale or the exchange and subsequent sale of lands under section
412(a)(1) of the ``Treasury and General Government Appropriations Act,
1999'' shall be deposited in the ``Everglades restoration'' account in
accordance with section 390(f)(2)(A) of the Federal Agriculture
Improvement and Reform Act of 1996, Public Law 104-127, 110 Stat. 1022.
Sec. 149. Notwithstanding any other provision of law, the
Secretary of the Interior shall transfer a road easement, no wider than
50 feet, across lot 1 (USS 3811, First Judicial District, Juneau
Recording District, State of Alaska), administered by the National Park
Service, identified as road alternative 1 on the map entitled ``Traffic
and Environmental Feasibility Study for Access to Proposed Auke Cape
Facility'' in the document for the NOAA/NMFS Juneau Consolidated
Facility Preliminary Draft Environmental Impact
[[Page 112 STAT. 2681-268]]
Statement, dated July 1996, to the City and Borough of Juneau, Alaska.
The Secretary of the Interior shall also transfer to the City and
Borough of Juneau all right, title and interest of the United States in
the right of way described by the plat recorded in Book 54, page 371, of
the Juneau Recording District. Such transfers shall occur as soon as
practical after the Secretary of Commerce has exchanged all, or a
portion, of the right, title and interest in the 28.16 acres known as
the Auke Cape property for the 22.35 acres known as the Lena Point
property, near Juneau, Alaska to the City and Borough of Juneau, Alaska.
The Secretary of the Interior shall deliver to the City and Borough of
Juneau, Alaska a deed or patent establishing the conveyance to the City
and Borough of Juneau, Alaska of said easements. The Secretary of the
Interior shall retain the right of access and use of such right of way,
easement and road.
Sec. 150. All properties administered by the National Park Service
at Fort Baker, Golden Gate National Recreation Area, and leases,
concessions, permits and other agreements associated with those
properties, shall be exempt from all taxes and special assessments,
except sales tax, by the State of California and its political
subdivisions, including the County of Marin and the City of Sausalito.
Such areas of Fort Baker shall remain under exclusive federal
jurisdiction.
Sec. 151. Notwithstanding any provision of law, the Secretary of the
Interior is authorized to negotiate and enter into agreements and
leases, without regard to section 321 of chapter 314 of the Act of June
30, 1932 (40 U.S.C. 303b), with any person, firm, association,
organization, corporation, or governmental entity for all or part of the
property within Fort Baker administered by the Secretary as part of
Golden Gate National Recreation Area. The proceeds of the agreements or
leases shall be retained by the Secretary and such proceeds shall be
available, without future appropriation, for the preservation,
restoration, operation, maintenance and interpretation and related
expenses incurred with respect to Fort Baker properties.
Sec. 152. In implementing section 1307(a) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3197), the Secretary of the
Interior shall deem the holder (on the date of enactment of this Act) of
the concession contract KATM001-81 to be a person who, on or before
January 1, 1979, was engaged in adequately providing visitor services of
the type authorized in said contract with Katmai National Park and
Preserve.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $197,444,000, to remain available until expended.
[[Page 112 STAT. 2681-269]]
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, cooperative forestry, and
education and land conservation activities, $170,722,000, to remain
available until expended, as authorized by law.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for administrative expenses associated with
the management of funds provided under the headings ``Forest and
Rangeland Research'', ``State and Private Forestry'', ``National Forest
System'', ``Wildland Fire Management'', ``Reconstruction and
Construction'', and ``Land Acquisition'', $1,298,570,000, to remain
available until expended, which shall include 50 percent of all moneys
received during
prior fiscal years as fees collected under the Land and Water
Conservation Fund Act of 1965, as amended, in accordance with section 4
of the Act (16 U.S.C. 460l-6a(i)): Provided, That up to $3,000,000 of
funds provided herein may be used to construct or reconstruct facilities
of the Forest Service: Provided further, That no more than $150,000
shall be used on any single project, exclusive of planning and design
costs: Provided further, That any unobligated balances remaining in this
appropriation in the road maintenance extended budget line item at the
end of fiscal year 1998 may be transferred to and made a part of the
``Reconstruction and Construction'' appropriation, road maintenance and
decommissioning extended budget line item.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned-over National Forest System
lands and water, $560,176,000, to remain available until expended:
Provided, That such funds are available for repayment of advances from
other appropriations accounts previously transferred for such purposes.
For an additional amount to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and wildfire
suppression activities of the Forest Service, $102,000,000, to remain
available until expended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be available only to
the extent an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
[[Page 112 STAT. 2681-270]]
reconstruction and construction
For necessary expenses of the Forest Service, not otherwise provided
for, $297,352,000, to remain available until expended for construction,
reconstruction and acquisition of buildings and other facilities, and
for construction, reconstruction, repair and maintenance of forest roads
and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and
23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the funds
provided herein for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided further,
That no funds shall be expended to decommission any system road until
notice and an opportunity for public comment has been provided: Provided
further, That the Forest Service may make an advance of up to $200,000
from the funds provided under this heading in this Act and up to
$800,000 provided under this heading in Public Law 105-83 to the City of
Colorado Springs, Colorado, for the design and reconstruction of the
Pikes Peak Summit House in accordance with terms and conditions agreed
to.
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $117,918,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended.
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National
Forests, California, as authorized by law, $1,069,000, to be derived
from forest receipts.
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act of
December 4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the sixteen Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
[[Page 112 STAT. 2681-271]]
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
For necessary expenses of the Forest Service to manage federal lands
in Alaska for subsistence uses under the provisions of Title VIII of the
Alaska National Interest Lands Conservation Act (Public Law 96-487 et
seq.) except in areas described in section 339(a)(1)(A) and (B) of this
Act, $3,000,000 to become available on September 30, 1999, and remain
available until expended: Provided, That if prior to October 1, 1999,
the Secretary of the Interior determines that the Alaska State
Legislature has approved a bill or resolution to amend the Constitution
of the State of Alaska that, if approved by the electorate, would enable
the implementation of state laws of general applicability which are
consistent with, and which provide for the definition, preference and
participation specified in sections 803, 804, and 805 of the Alaska
National Interest Lands Conservation Act, the Secretary of Agriculture
shall make a $3,000,000 grant to the State of Alaska for the purpose of
assisting that State in fulfilling its responsibilities under sections
803, 804, and 805 of that Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 177 passenger
motor vehicles of which 22 will be used primarily for law enforcement
purposes and of which 176 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to exceed two
for replacement only, and acquisition of sufficient aircraft from excess
sources to maintain the operable fleet at 213 aircraft for use in Forest
Service wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
[[Page 112 STAT. 2681-272]]
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and shall be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 105-163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures contained
in House Report 105-163.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
<<NOTE: 16 USC 556h.>> Notwithstanding any other provision of law,
hereafter 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.
<<NOTE: 30 USC 185 note.>> Notwithstanding any other provision of
law, hereafter money collected, in advance or otherwise, by the Forest
Service under authority of section 101 of Public Law 93-153 (30 U.S.C.
185(1)) as reimbursement of administrative and other costs incurred in
processing pipeline right-of-way or permit applications and for costs
incurred in monitoring the construction, operation, maintenance, and
termination of any pipeline and related facilities, may be used to
reimburse the applicable appropriation to which such costs were
originally charged.
Funds available to the Forest Service shall be available to conduct
a program of not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13, 1970, as
amended by Public Law 93-408.
None of the funds available in this Act shall be used for timber
sale preparation using clearcutting in hardwood stands in excess of 25
percent of the fiscal year 1989 harvested volume in the Wayne National
Forest, Ohio: Provided, That this limitation shall not apply to hardwood
stands damaged by natural disaster: Provided further, That landscape
architects shall be used to maintain a visually pleasing forest.
[[Page 112 STAT. 2681-273]]
<<NOTE: 16 USC 2106b.>> 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
hereafter 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.
<<NOTE: 16 USC 554e.>> Notwithstanding any other provision of law,
hereafter 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.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even-aged management in hardwood
stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $2,250,000 may be advanced
in a lump sum as Federal financial assistance to the National Forest
Foundation, without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$400,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at least
one-for-one basis funds made available by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has obtained
the non-Federal matching funds: <<NOTE: 16 USC 583j-9.>> Provided
further, That hereafter, the National Forest Foundation may hold Federal
funds made available but not immediately disbursed and may use any
interest or other investment income earned (before, on, or after the
date of enactment of this Act) on Federal funds to carry out the
purposes of Public Law 101-593: Provided further, That such investments
may be made only in interest-bearing obligations of the United States or
in obligations guaranteed as to both principal and interest by the
United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,650,000
of the funds available to the Forest Service shall be available for
matching funds to the National Fish and Wildlife Foundation, as
authorized by 16 U.S.C. 3701-3709, and may be advanced in a lump sum as
Federal financial assistance, without regard to when expenses are
incurred, for projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the Foundation shall
obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds
advanced by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a non-Federal recipient for a project at
the same
[[Page 112 STAT. 2681-274]]
rate that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System'' and
``Reconstruction and Construction'' accounts and planned to be allocated
to activities under the ``Jobs in the Woods'' program for projects on
National Forest land in the State of Washington may be granted directly
to the Washington State
Department of Fish and Wildlife for accomplishment of planned projects.
Twenty percent of said funds shall be retained by the Forest Service for
planning and administering projects. Project selection and
prioritization shall be accomplished by the Forest Service with such
consultation with the State of Washington as the Forest Service deems
appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that a
donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-134, the direct grants
provided in subsection (c) shall be considered direct payments for
purposes of all applicable law except that these direct grants may not
be used for lobbying activities.
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other agency
or office of the Department for more than 30 days unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
The Forest Service shall fund overhead, national commitments,
indirect expenses, and any other category for use of funds which are
expended at any units, that are not directly related to the
accomplishment of specific work on-the-ground (referred to as ``indirect
expenditures''), from funds available to the Forest Service, unless
otherwise prohibited by law: Provided, That not later than
[[Page 112 STAT. 2681-275]]
90 days after the date of the enactment of this Act, the Forest Service
shall provide, to the Committees on Appropriations of the House of
Representatives and Senate, proposed definitions, which are consistent
with Federal Accounting Standards Advisory Board standards, to be used
with the fiscal year 2000 budget, for indirect expenditures: Provided
further, That the Forest Service shall implement and adhere to the
definitions on a nationwide basis without flexibility for modification
by any organizational level except the Washington Office, and when
changed by the Washington Office, such changes in definition shall be
reported in budget requests submitted by the Forest Service: Provided
further, That the Forest Service shall provide in the fiscal year 2000
budget justification, planned indirect expenditures in accordance with
the definitions, summarized and displayed to the Regional, Station,
Area, and detached unit office level. The justification shall display
the estimated source and amount of indirect expenditures, by expanded
budget line item, of funds in the agency's annual budget justification.
The display shall include
appropriated funds and the Knutson-Vandenberg, Brush Disposal,
Cooperative Work-Other, and Salvage Sale funds. Changes between
estimated and actual indirect expenditures shall be reported in
subsequent budget justifications: Provided further, That during fiscal
year 2000 the Secretary shall limit total annual indirect obligations
from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg,
Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent of
the total obligations from each fund: Provided further, That not later
than 90 days after the date of the enactment of this Act, the Forest
Service shall provide a plan which addresses how the agency will fully
integrate all indirect expenditure information into the agency's general
ledger system.
DEPARTMENT OF ENERGY
clean coal technology
Of the funds made available under this heading for obligation in
prior years, $10,000,000 of such funds shall not be available until
October 1, 1999; $15,000,000 shall not be available until October 1,
2000; and $15,000,000 shall not be available until October 1, 2001:
Provided, That funds made available in previous appropriations Acts
shall be available for any ongoing project regardless of the separate
request for proposal under which the project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany
[[Page 112 STAT. 2681-276]]
Research Center in Oregon, $384,056,000, to remain available until
expended: Provided, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the recovery of
oil and gas.
alternative fuels production
Moneys received as investment income on the principal amount in the
Great Plains Project Trust at the Norwest Bank of North Dakota, in such
sums as are earned as of October 1, 1998, shall be deposited in this
account and immediately transferred to the general fund of the Treasury.
Moneys received as revenue sharing from operation of the Great Plains
Gasification Plant shall be immediately transferred to the general fund
of the Treasury.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and oil shale
reserve activities, $14,000,000, to remain available until expended:
Provided, <<NOTE: 10 USC 7430 note. elk hills school lands fund>> That
the requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
year 1999: Provided further, That, notwithstanding any other provision
of law, funds available pursuant to the first proviso under this heading
in Public Law 101-512 shall be immediately available for all naval
petroleum and oil shale reserve activities.
For necessary expenses in fulfilling the first installment payment
under the Settlement Agreement entered into by the United States and the
State of California on October 11, 1996, as authorized by section 3415
of Public Law 104-106, $36,000,000 for payment to the State of
California for the State Teachers' Retirement Fund from the Elk Hills
School Lands Fund.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $691,701,000, to remain available until expended, including,
notwithstanding any other provision of law, $64,000,000, which shall be
transferred to this account from amounts held in escrow under section
3002(d) of Public Law 95-509 (15 U.S.C. 4501(d)): Provided, That
$166,000,000 shall be for use in energy conservation programs as defined
in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507): Provided
further, That notwithstanding section 3003(d)(2) of Public Law 99-509
such sums shall be allocated to the eligible programs as follows:
$133,000,000 for weatherization assistance grants and $33,000,000 for
State energy conservation grants.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $1,801,000, to remain available until expended.
[[Page 112 STAT. 2681-277]]
strategic petroleum reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $160,120,000, to remain available until expended.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $70,500,000, to remain available until
expended.
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made to
other agencies of the Government for the performance of work for which
the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, private or
foreign: Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to be
available until expended, and used only for plant construction,
operation, costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements: Provided further, That
the remainder of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided further,
That any contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full comprehensive report on such project, including the facts and
circumstances relied upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and
[[Page 112 STAT. 2681-278]]
prosecute projects using such fees and contributions in cooperation with
other Federal, State or private agencies or concerns.
The Secretary in fiscal year 1999 and thereafter, shall continue the
process begun in fiscal year 1998 of accepting funds from other Federal
agencies in return for assisting agencies in achieving energy efficiency
in Federal facilities and operations by the use of privately financed,
energy savings performance contracts and other private financing
mechanisms. The funds may be provided after agencies begin to realize
energy cost savings; may be retained by the Secretary until expended;
and may be used only for the purpose of assisting Federal agencies in
achieving greater efficiency, water conservation and use of renewable
energy by means of privately financed mechanisms, including energy
savings performance contracts and utility incentive programs. These
recovered funds will continue to be used to administer even greater
energy efficiency, water conservation and use of renewable energy by
means of privately financed mechanisms such as utility efficiency
service contracts and energy savings performance contracts. The
recoverable funds will be used for all necessary program expenses,
including contractor support and resources needed, to achieve overall
Federal energy management program objectives for greater energy savings.
Any such privately financed contracts shall meet the provisions of the
Energy Policy Act of 1992, Public Law 102-486 regarding energy savings
performance contracts and utility incentive programs.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $1,950,322,000, together with
payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That $12,000,000 shall remain available until expended, for the
Indian Catastrophic Health Emergency Fund: Provided further, That
$373,801,000 for contract medical care shall remain available for
obligation until September 30, 2000: Provided further, That of the funds
provided, up to $17,000,000 shall be used to carry
out the loan repayment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That funds provided in this Act
may be used for one-year contracts and grants which are to be performed
in two fiscal years, so long as the total obligation is recorded in the
year for which the funds are appropriated: Provided further, That the
amounts collected by the Secretary of Health and Human Services under
the authority of
[[Page 112 STAT. 2681-279]]
title IV of the Indian Health Care Improvement Act shall remain
available until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX of
the Social Security Act (exclusive of planning, design, or construction
of new facilities): Provided further, That funding contained herein, and
in any earlier appropriations Acts for scholarship programs under the
Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available for obligation until September 30, 2000: Provided further,
That amounts received by tribes and tribal organizations under title IV
of the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That, notwithstanding
any other provision of law, of the amounts provided herein, not to
exceed $203,781,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated with
contracts, grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as amended, prior
to or during fiscal year 1999: Provided further, That funds provided to
the Ponca Indian Tribe of Nebraska in previous fiscal years that were
retained by the tribe to carry out the programs and functions of the
Indian Health Service may be used by the tribe to obtain approved
clinical space to carry out the program.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $289,465,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefore as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with
[[Page 112 STAT. 2681-280]]
the functions or activities for which the appropriation is made or which
will contribute to improved conduct, supervision, or management of those
functions or activities: Provided, That in accordance with the
provisions of the Indian Health Care Improvement Act, non-Indian
patients may be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the facility
providing the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other law or
regulation, funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered under
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law
93-638, as amended: Provided further, That funds appropriated to the
Indian Health Service in this Act, except those used for administrative
and program direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation: Provided
further, That notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by title I or title
III of the Indian Self-Determination and Education Assistance Act of
1975 (25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance agreement
under title III of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and accounted for
in the appropriation structure set forth in this Act: Provided further,
That with respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment, and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding, said amounts to remain
available until expended: Provided further, <<NOTE: 25 USC 450j-
2.>> That, heretofore and hereafter and notwithstanding any other
provision of law, funds available to the Indian Health Service in this
Act or any other Act for Indian self-determination or self-governance
contract or grant support costs may be expended only for costs directly
attributable to contracts, grants and compacts pursuant to the Indian
Self-Determination Act and no funds appropriated by this or any other
Act shall be available for any contract support costs or indirect costs
associated with any contract, grant, cooperative agreement, self-
governance compact, or funding agreement entered into between an Indian
tribe or tribal organization
[[Page 112 STAT. 2681-281]]
and any entity other than the Indian Health Service: Provided further,
That reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance: Provided further,
That the appropriation structure for the Indian Health Service may not
be altered without advance approval of the House and Senate Committees
on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $13,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the
lands partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided further,
That the Office shall relocate any certified eligible relocatees who
have selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $4,250,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to 5 replacement passenger
[[Page 112 STAT. 2681-282]]
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees; $347,154,000, of which not to exceed $38,165,000 for the
instrumentation program, collections acquisition, Museum Support Center
equipment and move, exhibition reinstallation, the National Museum of
the American Indian, the repatriation of skeletal remains program,
research equipment, information management, and Latino programming shall
remain available until expended, and including such funds as may be
necessary to support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $4,400,000, to remain available until
expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings owned
or occupied by the Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623),
including not to exceed $10,000 for services as authorized by 5 U.S.C.
3109, $40,000,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems, and
exterior repair or restoration of buildings of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
construction
For necessary expenses for construction, $16,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, a single procurement for the construction of the
National Museum of the American Indian may be issued which includes the
full scope of the project: Provided further, That the solicitation and
the contract shall contain the clause ``availability of funds'' found at
48 CFR 52.232.18.
None of the funds in this or any other Act may be used to initiate
the design of any expansion of current
space or new facility without consultation with the House and Senate
Appropriations Committees.
None of the funds in this or any other Act may be used to prepare a
historic structures report, or for any other purpose, involving the Holt
House located at the National Zoological Park in Washington, D.C.
The Smithsonian Institution shall not use Federal funds in excess of
the amount specified in Public Law 101-185 for the construction of the
National Museum of the American Indian.
[[Page 112 STAT. 2681-283]]
National Gallery of Art
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $57,938,000 of
which not to exceed $3,026,000 for the special exhibition program shall
remain available until expended.
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $6,311,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $12,187,000.
For necessary expenses for capital repair and rehabilitation of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $20,000,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including
[[Page 112 STAT. 2681-284]]
hire of passenger vehicles and services as authorized by 5 U.S.C. 3109,
$5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $83,500,000 shall be
available to the National Endowment for the Arts for the support of
projects
and productions in the arts through assistance to organizations and
individuals pursuant to sections 5(c) and 5(g) of the Act, for program
support, and for administering the functions of the Act, to remain
available until expended.
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$14,500,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
National Endowment for the Humanities
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $96,800,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$13,900,000, to remain available until expended, of which $9,900,000
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.
[[Page 112 STAT. 2681-285]]
Institute of Museum and Library Services
For carrying out subtitle C of the Museum and Library Services Act
of 1996, as amended, $23,405,000, to remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses.
Commission of Fine Arts
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $898,000.
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,800,000: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109,
$5,954,000: Provided, That all appointed members will be compensated at
a rate not to exceed the rate for level IV of the Executive Schedule.
United States Holocaust Memorial Council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $32,107,000, of which
$1,575,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
[[Page 112 STAT. 2681-286]]
Presidio Trust
For necessary expenses to carry out title I of the Omnibus Parks and
Public Lands Management Act of 1996, $14,913,000 shall be available to
the Presidio Trust, to remain available until expended. The Trust is
authorized to issue obligations to the Secretary of the Treasury
pursuant to section 104(d)(3) of the Act, in an amount not to exceed
$20,000,000.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should,
[[Page 112 STAT. 2681-287]]
in expending the assistance, purchase only American-made
equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of
the assistance
a notice describing the statement made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National Forest System
or Bureau of Land Management lands in a manner different than such sales
were conducted in fiscal year 1995.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal of
the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. None of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps program, unless the relevant
agencies of the Department of the Interior and/or Agriculture follow
appropriate reprogramming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999, then none of the funds appropriated or
otherwise made available by this Act may be used for the AmeriCorps
programs.
Sec. 311. None of the funds made available in this Act may be used:
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is made
known to the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 312. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
[[Page 112 STAT. 2681-288]]
(c) Report.--On September 30, 1999, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 313. None of the funds appropriated or otherwise made available
by this Act may be used for the purposes of acquiring lands in the
counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for the Wayne
National Forest.
Sec. 314. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau of
Indian Affairs and the Indian Health Service by Public Laws 103-138,
103-332, 104-134, 104-208 and 105-83 for payments to tribes and tribal
organizations for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total amounts available
for fiscal years 1994 through 1998 for such purposes, except that, for
the Bureau of Indian Affairs, tribes and tribal organizations may use
their tribal priority allocations for unmet indirect costs of ongoing
contracts, grants, self-governance compacts or annual funding
agreements.
Sec. 315. Notwithstanding any other provision of law, for fiscal
year 1999 the Secretaries of Agriculture and the Interior are authorized
to limit competition for watershed restoration project contracts as part
of the ``Jobs in the Woods'' component of the President's Forest Plan
for the Pacific Northwest to individuals and entities in historically
timber-dependent areas in the States of Washington, Oregon, and northern
California that have been affected by reduced timber harvesting on
Federal lands.
Sec. 316. None of the funds collected under the Recreational Fee
Demonstration program may be used to plan, design, or construct a
visitor center or any other permanent structure without prior approval
of the House and the Senate Committees on Appropriations if the
estimated total cost of the facility exceeds $500,000.
Sec. 317. (a) None of the funds made available in this Act or any
other Act providing appropriations for the Department of the Interior,
the Forest Service or the Smithsonian Institution may be used to submit
nominations for the designation of Biosphere Reserves pursuant to the
Man and Biosphere program administered by the United Nations
Educational, Scientific, and Cultural Organization.
[[Page 112 STAT. 2681-289]]
(b) The provisions of this section shall be repealed upon enactment
of subsequent legislation specifically authorizing United States
participation in the Man and Biosphere program.
Sec. 318. <<NOTE: 16 USC 459j-4 note.>> None of the funds made
available in this or any other Act for any fiscal year may be used to
designate, or to post any sign designating, any portion of Canaveral
National Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if such
designation would be contrary to county ordinance.
Sec. 319. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made to
a State or local arts agency, or regional group, may be used to
make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in exchange for
goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 320. The National Endowment for the Arts and the National
Endowment for the Humanities are authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, bequests, or devises
of money and other property or services and to use such in furtherance
of the functions of the National Endowment for the Arts and the National
Endowment for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman shall enter
the proceeds in a special interest-bearing account to the credit of the
appropriate Endowment for the purposes specified in each case.
Sec. 321. No part of any appropriation contained in this Act shall
be expended or obligated to fund new revisions of national forest land
management plans until new final or interim final rules for forest land
management planning are published in the Federal Register. Those
national forests which are currently in a revision process, having
formally published a Notice of Intent to revise prior to October 1,
1997; those national forests having been court-ordered to revise; those
national forests where plans reach the fifteen year legally mandated
date to revise before or during calendar year 2000; national forests
within the Interior Columbia Basin Ecosystem study area; and the White
Mountain National Forest are exempt from this section and may use funds
in this Act and proceed to complete the forest plan revision in
accordance with current forest planning regulations.
Sec. 322. No part of any appropriation contained in this Act shall
be expended or obligated to complete and issue the five-year program
under the Forest and Rangeland Renewable Resources Planning Act.
[[Page 112 STAT. 2681-290]]
Sec. 323. (a) <<NOTE: 16 USC 1011 note.>> Watershed Restoration and
Enhancement Agreements.--For fiscal year 1999, 2000 and 2001, to the
extent funds are otherwise available, appropriations for the Forest
Service may be used by the Secretary of Agriculture for the purpose of
entering into cooperative agreements with willing Federal, tribal, State
and local governments, private and nonprofit entities and landowners for
the protection, restoration and enhancement of fish and wildlife
habitat, and other resources on public or private land, the reduction of
risk from natural disaster where public safety is threatened, or a
combination thereof or both that benefit these resources within the
watershed.
(b) Direct and Indirect Watershed Agreements.--The Secretary of
Agriculture may enter into a watershed restoration and enhancement
agreement--
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a State, local or
tribal government or other public entity, educational
institution, or private nonprofit organization.
(c) Terms and Conditions.--In order for the Secretary to enter into
a watershed restoration and enhancement agreement--
(1) the agreement shall--
(A) include such terms and conditions mutually
agreed to by the Secretary and the landowner, state or
local government, or private or nonprofit entity;
(B) improve the viability of and otherwise benefit
the fish, wildlife, and other resources on national
forests lands within the watershed;
(C) authorize the provision of technical assistance
by the Secretary in the planning of management
activities that will further the purposes of the
agreement;
(D) provide for the sharing of costs of implementing
the agreement among the Federal Government, the
landowner(s), and other entities, as mutually agreed on
by the affected interests; and
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the Secretary
to be in the public interest; and
(2) the Secretary may require such other terms and
conditions as are necessary to protect the public investment on
non-Federal lands, provided such terms and conditions are
mutually agreed to by the Secretary and other landowners, State
and local governments or both.
(d) Reporting Requirements.--Not later than December 31, 1999, the
Secretary shall submit a report to the Committees on Appropriations of
the House and Senate, which contains--
(1) A concise description of each project, including the
project purpose, location on federal and non-federal land, key
activities, and all parties to the agreement.
(2) the funding and/or other contributions provided by each
party for each project agreement.
Sec. 324. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
[[Page 112 STAT. 2681-291]]
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals who have historically been outside the purview of
arts and humanities programs due to factors such as a high
incidence of income below the poverty line or to geographic
isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 325. None of the funds in this Act may be used for planning,
design or construction of improvements to Pennsylvania Avenue in front
of the White House without the advance approval of the House and Senate
Committees on Appropriations.
Sec. 326. <<NOTE: 40 USC 1003 note.>> Notwithstanding the
provisions of section 1010(b) of the Commemorative Works Act (40 U.S.C.
1001 et seq.), the legislative authority for the international memorial
to honor the victims of communism, authorized under section 905 of
Public Law 103-199 (107 Stat. 2331), shall expire December 17, 2007.
<<NOTE: 16 USC 460l-6a note.>> Sec. 327. Section 101(c) of Public
Law 104-134, as amended, is further amended as follows: Under the
heading ``Title III--General Provisions'' amend section 315(f) (16
U.S.C. 460l-6a note) by striking ``September 30, 1999'' after the words
``and end on'' and inserting ``September 30, 2001'' and striking
``September 30, 2002'' after the words ``remain available through'' and
inserting ``September 30, 2004''.
Sec. 328. Notwithstanding any other provision of law, none of the
funds in this Act may be used to enter into any new or expanded self-
determination contract or grant or self-governance compact pursuant to
the Indian Self-Determination Act of 1975, as amended, for any
activities not previously covered by such contracts, compacts or grants.
Nothing in this section precludes the continuation of those specific
activities for which self-determination
[[Page 112 STAT. 2681-292]]
and self-governance contracts, compacts and grants currently exist or
the renewal of contracts, compacts and grants for those activities;
implementation of section 325 of Public Law 105-83 (111 Stat. 1597); or
compliance with 25 U.S.C. 2005.
Sec. 329. <<NOTE: 16 USC 535a.>> (a) Prohibition on Timber
Purchaser Road Credits.--In financing any forest development road
pursuant to section 4 of Public Law 88-657 (16 U.S.C. 535, commonly
known as the National Forest Roads and Trails Act), the Secretary of
Agriculture may not provide effective credit for road construction to
any purchaser of national forest timber or other forest products.
(b)(1) Construction of Roads by Timber Purchasers.--Whenever the
Secretary of Agriculture makes a determination that a forest development
road referred to in subsection (a) shall be constructed or paid for, in
whole or in part, by a purchaser of national forest timber or other
forest products, the Secretary shall include notice of the determination
in the notice of sale of the timber or other forest products. The notice
of sale shall contain, or announce the availability of, sufficient
information related to the road described in the notice to permit a
prospective bidder on the sale to calculate the likely cost that would
be incurred by the bidder to construct or finance the construction of
the road so that the bidder may reflect such cost in the bid.
(2) If there is an increase or decrease in the cost of roads
constructed by the timber purchaser, caused by variations in quantities,
changes or modifications subsequent to the sale of timber made in
accordance with applicable timber sale contract provisions, then an
adjustment to the price paid for timber harvested by the purchaser shall
be made. The adjustment shall be applied by the Secretary as soon as
practicable after any such design change is implemented.
(c) Special Election by Small Business Concerns.--(1) A notice of
sale referred to in subsection (b) containing specified road
construction of $50,000 or more, shall give a purchaser of national
forest timber or other forest products that qualifies as a ``small
business concern'' under the Small Business Act (15 U.S.C. 631 et seq.),
and regulations issued thereunder, the option to elect that the
Secretary of Agriculture build the roads described in the notice. The
Secretary shall provide the small business concern with an estimate of
the cost that would be incurred by the Secretary to construct the roads
on behalf of the small business concern. The notice of sale shall also
include the date on which the roads described in the notice will be
completed by the Secretary if the election is made.
(2) If the election referred to in paragraph (1) is made, the
purchaser of the national forest timber or other forest products shall
pay to the Secretary of Agriculture, in addition to the price paid for
the timber or other forest products, an amount equal to the estimated
cost of the roads which otherwise would be paid by the purchaser as
provided in the notice of sale. Pending receipt of such amount, the
Secretary may use receipts from the sale of national forest timber or
other forest products and such additional sums as may be appropriated
for the construction of roads, such funds to be available until
expended, to accomplish the requested road construction.
(d) Post Construction Harvesting.--In each sale of national forest
timber or other forest products referred to in this section, the
Secretary of Agriculture is encouraged to authorize harvest
[[Page 112 STAT. 2681-293]]
of the timber or other forest products in a unit included in the sale as
soon as road work for that unit is completed and the road work is
approved by the Secretary.
(e) Construction Standard.--For any forest development road that is
to be constructed or paid for by a purchaser of national forest timber
or other forest products, the Secretary of Agriculture may not require
the purchaser to design, construct, or maintain the road (or pay for the
design, construction, or maintenance of the road) to a standard higher
than the standard, consistent with applicable environmental laws and
regulations, that is sufficient for the harvesting and removal of the
timber or other forest products, unless the Secretary bears that part of
the cost necessary to meet the higher standard.
(f) Treatment of Road Value.--For any forest development road that
is constructed or paid for by a purchaser of national forest timber or
other forest products, the estimated cost of the road construction,
including subsequent design changes, shall be considered to be money
received for purposes of the payments required to be made under the
sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May
23, 1908 (35 Stat. 260, 16 U.S.C. 500), and section 13 of the Act of
March 1, 1911 (35 Stat. 963; commonly known as the Weeks Act; 16 U.S.C.
500). To the extent that the appraised value of road construction
determined under this subsection reflects funds contributed by the
Secretary of Agriculture to build the road to a higher standard pursuant
to subsection (e), the Secretary shall modify the appraisal of the road
construction to exclude the effect of the Federal funds.
(g) Effective Date.--(1) This section and the requirements of this
section shall take effect (and apply thereafter) upon the earlier of--
(A) April 1, 1999; or
(B) the date that is the later of--
(i) the effective date of regulations issued by the
Secretary of Agriculture to implement this section; and
(ii) the date on which new timber sale contract
provisions designed to implement this section, that have
been published for public comment, are approved by the
Secretary.
(2) Notwithstanding paragraph (1), any sale of national forest
timber or other forest products for which notice of sale is provided
before the effective date of this section, and any effective purchaser
road credit earned pursuant to a contract resulting from such a notice
of sale or otherwise earned before that effective date shall remain in
effect, and shall continue to be subject to section 4 of Public Law 88-
657 and section 14(i) of the National Forest Management Act of 1976 (16
U.S.C. 472a(i)), and rules issued thereunder, as in effect on the day
before the date of the enactment of this Act.
Sec. 330. Section 6(b)(1)(B)(iii) of the National Foundation on the
Arts and Humanities Act of 1965 (20 U.S.C. 955(b)(1)(B)(iii)) is amended
by striking ``One'' and inserting ``Two''.
Sec. 331. Section 401(f) of Public Law 105-83 (111 Stat. 1610) is
hereby amended <<NOTE: 43 USC 1474d.>> by striking ``1998'' and
inserting in lieu thereof ``1999''.
Sec. 332. Amounts deposited during fiscal year 1998 in the roads and
trails fund provided for in the fourteenth paragraph under the heading
``FOREST SERVICE'' of the Act of March 4,
[[Page 112 STAT. 2681-294]]
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
Agriculture, without regard to the State in which the amounts were
derived, to repair or reconstruct roads, bridges, and trails on National
Forest System lands or to carry out and administer projects to improve
forest health conditions, which may include the repair or reconstruction
of roads, bridges, and trails on National Forest System lands in the
wildland-community interface where there is an abnormally high risk of
fire. The projects shall emphasize reducing risks to human safety and
public health and property and enhancing ecological functions, long-term
forest productivity, and biological integrity. The Secretary shall
commence the projects during fiscal year 1999, but the projects may be
completed in a subsequent fiscal year. Funds shall not be expended under
this section to replace funds which would otherwise appropriately be
expended from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environmental law.
Sec. 333. Section 5 of the Arts and Artifacts Indemnity Act (20
U.S.C. 974) is amended--
(1) in subsection (b) by striking ``$3,000,000,000'' and
inserting ``$5,000,000,000'';
(2) in subsection (c) by striking ``$300,000,000'' and
inserting ``$500,000,000'';
(3) by striking ``or'' at the end of subsection (d)(4);
(4) in subsection (d)(5) by striking ``$200,000,000 or
more'' and inserting ``not less than $200,000,000 but less than
$300,000,000'' and by striking the final period and inserting a
semicolon; and
(5) by inserting the following two new subsections after
subsection (d)(5):
``(6) not less than $300,000,000 but less than $400,000,000,
then coverage under this chapter shall extend only to loss or
damage in excess of the first $300,000 of loss or damage to
items covered; or
``(7) $400,000,000 or more, then coverage under this chapter
shall extend only to loss or damage
in excess of the first $400,000 of loss or damage to items covered.''.
Sec. 334. Tulare Conveyance. (a) In General.--Subject to subsections
(c) and (d), all conveyances to the Redevelopment Agency of the City of
Tulare, California, of lands described in subsection (b), heretofore or
hereafter, made directly by the Southern Pacific Transportation Company,
or its successors, are hereby validated to the extent that the
conveyances would be legal or valid if all right, title, and interest of
the United States, except minerals, were held by the Southern Pacific
Transportation Company.
(b) Lands Described.--The lands referred to in subsection (a) are
the parcels shown on the map entitled ``Tulare Redevelopment Agency-
Railroad Parcels Proposed to be Acquired'', dated May 29, 1997, that
formed part of a railroad right-of-way granted to the Southern Pacific
Railroad Company, or its successors, agents, or assigns, by the Federal
Government (including the right-of-way approved by an Act of Congress on
July 27, 1866). The map referred to in this subsection shall be on file
and available for public inspection in the offices of the Director of
the Bureau of Land Management.
[[Page 112 STAT. 2681-295]]
(c) Preservation of Existing Rights of Access.--Nothing in this
section shall impair any existing rights of access in favor of the
public or any owner of adjacent lands over, under or across the lands
which are referred to in subsection (a).
(d) Minerals.--The United States disclaims any and all right of
surface entry to the mineral estate of lands described in subsection
(b).
Sec. 335. <<NOTE: 16 USC 3503 note.>> The final set of maps entitled
``Coastal Barrier Resources System'', dated ``October 24, 1990, revised
November 12, 1996'', and relating to the following units of the Coastal
Barrier Resources System: P04A, P05/P05P; P05A/P05AP, FL-06P; P10/P10P;
P11; P11AP; P11A; P18/P18P; P25/P25P; and P32/P32P (which set of maps
were created by the Department of the Interior to comply with section
220 of Public Law 104-333, 110 Stat. 4115, and notice of which was
published in the Federal Register on May 28, 1997) shall have the force
and effect of law and replace and substitute for any other inconsistent
Coastal Barrier Resource System map in the possession of the Department
of the Interior. This provision is effective immediately upon enactment
of this Act and the Secretary of the Interior or his designee shall
immediately make this ministerial substitution.
Sec. 336. Section 405(c)(2) of the Indian Health Care Improvement
Act (42 U.S.C. 1645(c)(2)) <<NOTE: 25 USC 1645.>> is amended by
striking ``September 30, 1998'' and inserting ``September 30, 2000''.
Sec. 337. Section 3003 of the Petroleum Overcharge Distribution and
Restitution Act of 1986 (15 U.S.C. 4502) is amended by adding after
subsection (d) the following new subsection:
``(e) Subsections (b), (c), and (d) of this section are repealed,
and any rights that may have arisen are extinguished, on the date of the
enactment of the Department of the Interior and Related Agencies
Appropriations Act, 1999. After that date, the amount available for
direct restitution to current and future refined petroleum product
claimants under this Act is reduced by the amounts specified in title II
of that Act as being derived from amounts held in escrow under section
3002(d). The Secretary shall assure that the amount remaining in escrow
to satisfy refined petroleum product claims for direct restitution is
allocated equitably among the claimants.''.
Sec. 338. Section 123(a)(2)(C) of the Department of the Interior and
Related Agencies Appropriations Act, 1998 (111 Stat. 1566),
is <<NOTE: 25 USC 2717 note.>> amended by striking ``self-regulated
tribes such as''.
Sec. 339. <<NOTE: 16 USC 3102 note.>> (a) Restriction on Federal
Management Under Title VIII of the Alaska National Interest Lands
Conservation Act.--
(1) Notwithstanding any other provision of law, hereafter
neither the Secretary of the Interior nor the Secretary of
Agriculture may, prior to December 1, 2000, implement or enforce
any final rule, regulation, or policy pursuant to title VIII of
the Alaska National Interest Lands Conservation Act to manage
and to assert jurisdiction, authority, or control over land,
water, and wild, renewable resources, including fish and
wildlife, in Alaska for subsistence uses, except within--
(A) areas listed in 50 C.F.R. 100.3(b) (October 1,
1998) and
(B) areas constituting ``public land or public
lands'' under the definition of such term found at 50
C.F.R. 100.4 (October 1, 1998).
[[Page 112 STAT. 2681-296]]
(2) The areas in subparagraphs (A) and (B) of paragraph (1)
shall only be construed to mean those public lands which as of
October 1, 1998, were subject to federal management for
subsistence uses pursuant to Title VIII of the Alaska National
Interest Lands Conservation Act.
(b) Subsection (a) Repealed.--
(1) The Secretary of the Interior shall certify before
October 1, 1999, if a bill or resolution has been passed by the
Alaska State Legislature to amend the Constitution of the State
of Alaska that, if approved by the electorate, would enable the
implementation of state laws of general applicability consistent
with, and which provide for the definition, preference, and
participation specified in sections 803, 804, and 805 of the
Alaska National Interest Lands Conservation Act.
(2) Subsection (a) shall be repealed on October 1, 1999,
unless prior to that date the Secretary of the Interior makes
such a certification described in paragraph (1).
(c) Technical Amendments to the Alaska National Interest Lands
Conservation Act.--Section 805 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3115) is amended--
(1) in subsection (a) by striking ``one year after the date
of enactment of this Act,''
(2) in subsection (d) by striking ``within one year from the
date of enactment of this Act,''.
(d) Effect on Tidal and Submerged Land.--Nothing in this section
invalidates, validates, or in any other way affects any claim of the
State of Alaska to title to any tidal or submerged land in Alaska.
Sec. 340. None of the funds made available in this Act may be used
to establish a national wildlife refuge in the Kankakee River watershed
in northwestern Indiana and northeastern Illinois.
Sec. 341. <<NOTE: 16 USC 544g note.>> Upon the condition that
Skamania County conveys title acceptable to the Secretary of Agriculture
to all right, title and interest in lands identified on a map dated
September 29, 1998 entitled ``Skamania County Lands to be Transferred'',
such lands being located on Table Mountain lying within the Columbia
River Gorge National Scenic Area, there is hereby conveyed to Skamania
County, notwithstanding any other provision of law, the Wind River
Nursery Site lands and facilities and all interests therein, except for
the corridor of the Pacific Crest National Scenic Trail, as depicted on
a map dated September 29, 1998, entitled ``Wind River Conveyance'',
which is on file and available for public inspection in the Office of
the Chief, USDA Forest Service, Washington, D.C.
The conveyance of lands to Skamania County shall become
automatically effective upon a determination by the Secretary that
Skamania County has conveyed acceptable title to the United States to
the Skamania County lands. Lands conveyed to the United States shall
become part of the Gifford Pinchot National Forest and shall have the
status of lands acquired under the Act of March 1, 1911, (commonly
called the Weeks Act) and shall be managed in accordance with the laws
and regulations applicable to the National Forest System.
Sec. 342. <<NOTE: 16 USC 90a-1 note.>> (a) Boundary Adjustments.--
(1) Lake chelan national recreation area.--The boundary of
the Lake Chelan National Recreation Area, established
[[Page 112 STAT. 2681-297]]
by section 202 of Public Law 90-544 (16 U.S.C. 90a-1), is hereby
adjusted to exclude a parcel of land and waters consisting of
approximately 88 acres, as depicted on the map entitled
``Proposed Management Units, North Cascades, Washington'',
numbered NP-CAS-7002A, originally dated October 1967, and
revised July 13, 1994.
(2) Wenatchee national forest.--The boundary of the
Wenatchee National Forest is hereby adjusted to include the
parcel of land and waters described in paragraph (1).
(3) Availability of map.--The map referred to in paragraph
(1) shall be on file and available for public inspection in the
offices of the superintendent of the Lake Chelan National
Recreation Area and the Director of the National Park Service,
Department of the Interior, and in the office of the Chief of
the Forest Service, Department of Agriculture.
(b) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over Federal land and waters in the parcel covered by the
boundary adjustments in subsection (a) is transferred from the Secretary
of the Interior to the Secretary of Agriculture, and the transferred
land and waters shall be managed by the Secretary of Agriculture in
accordance with the laws and regulations pertaining to the National
Forest System.
(c) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Wenatchee National Forest, as adjusted by subsection
(a), shall be considered to be the boundaries of the Wenatchee National
Forest as of January 1, 1965.
Sec. 343. <<NOTE: 16 USC 1642 note.>> Hardwood Technology Transfer
and Applied Research. (a) The Secretary of Agriculture (hereinafter the
``Secretary'') is hereby authorized to conduct technology transfer and
development, training, dissemination of information and applied research
in the management, processing and utilization of the hardwood forest
resource. This authority is in addition to any other authorities which
may be available to the Secretary including, but not limited to, the
Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101
et. seq.), and the Forest and Rangeland Renewable Resources Act of 1978,
as amended (16 U.S.C. 1600-1614).
(b) In carrying out this authority, the Secretary may enter into
grants, contracts, and cooperative agreements
with public and private agencies, organizations, corporations,
institutions and individuals. The Secretary may accept gifts and
donations pursuant to the Act of October 10, 1978 (7 U.S.C. 2269)
including gifts and donations from a donor that conducts business with
any agency of the Department of Agriculture or is regulated by the
Secretary of Agriculture.
(c) The Secretary is authorized, on such terms and conditions as the
Secretary may prescribe, to assume all rights, title, and interest,
including all outstanding assets, of the Robert C. Byrd Hardwood
Technology Center, Inc. (hereinafter the ``Center''), a non-profit
corporation existing under the laws of the State of West Virginia:
Provided, That the Board of Directors of the Center requests such an
action and dissolves the corporation consistent with the Articles of
Incorporation and the laws of the State of West Virginia.
[[Page 112 STAT. 2681-298]]
(d) The Secretary is authorized to operate and utilize the assets of
the Center as part of a newly formed ``Institute of Hardwood Technology
Transfer and Applied Research'' (hereinafter the ``Institute''). The
Institute, in addition to the Center, will consist of a Director,
technology transfer specialists from State and Private Forestry, the
Forestry Sciences Laboratory in Princeton, West Virginia, and any other
organizational unit of the Department of Agriculture as the Secretary
deems appropriate. The overall management of the Institute will be the
responsibility of the USDA Forest Service, State and Private Forestry.
(e) The Secretary is authorized to generate revenue using the
authorities provided herein. Any revenue received as part of the
operation of the Institute shall be deposited into a special fund in the
Treasury of the United States, known as the ``Hardwood Technology
Transfer and Applied Research Fund'', which shall be available to the
Secretary until expended, without further appropriation, in furtherance
of the purposes of this section, including upkeep, management, and
operation of the Institute and the payment of salaries and expenses.
(f) There are hereby authorized to be appropriated such sums as
necessary to carry out the provisions of this section.
Sec. 344. Notwithstanding the requirements of section 1203(a) of
Public Law 99-662 [100 Stat. 4263], the non-Federal share of the cost of
correcting the spillway deficiency at Beach City Lake, Muskingum River
Basin, Ohio, shall not exceed $141,000.
Sec. 345. <<NOTE: 16 USC 497d note.>> Notwithstanding section 343 of
Public Law 105-83, increases in recreation residence fees on the
Sawtooth National Forest shall be implemented in fiscal year 1999 only
to the extent that such fee increases do not exceed 25 percent.
Sec. 346. Section 7 of the Granger-Thye Act of April 24, 1950 is
amended <<NOTE: 16 USC 580d.>> by deleting the words ``recondition and
maintain,'' substituting in lieu thereof the words ``renovate,
recondition, improve, and maintain''.
Sec. 347. <<NOTE: 16 USC 2104 note.>> Stewardship End Result
Contracting Demonstration Project. (a) In General.--Until September 30,
2002, the Forest Service may enter into no more than twenty-eight (28)
contracts with private persons and entities, of which Region One of the
Forest Service shall have the authority to enter into nine (9) such
contracts, to perform services to achieve land management goals for the
national forests that meet local and rural community needs.
(b) Land Management Goals.--The land management goals of a contract
under subsection (a) may include, among other things--
(1) road and trail maintenance or obliteration to restore or
maintain water quality;
(2) soil productivity, habitat for wildlife and fisheries,
or other resource values;
(3) setting of prescribed fires to improve the composition,
structure, condition, and health of stands or to improve
wildlife habitat;
(4) noncommercial cutting or removing of trees or other
activities to promote healthy forest stands, reduce fire
hazards, or achieve other non-commercial objectives;
(5) watershed restoration and maintenance;
(6) restoration and maintenance of wildlife and fish
habitat; and
[[Page 112 STAT. 2681-299]]
(7) control of noxious and exotic weeds and reestablishing
native plant species.
(c) Contracts.--
(1) Procurement procedure.--A source for performance of a
contract under subsection (a) shall be selected on a best-value
basis, including consideration of source under other public and
private contracts.
(2) Term.--A multiyear contract may be entered into under
subsection (a) in accordance with section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c), except that the period of the contract may exceed 5 years
but may not exceed 10 years.
(3) Offsets.--
(A) In general.--In connection with contracts under
subsection (a), the Forest Service may apply the value
of timber or other forest products removed as an offset
against the cost of services received.
(B) Methods of appraisal.--The value of timber or
other forest products used as offsets under subparagraph
(A)--
(i) shall be determined using appropriate
methods of appraisal commensurate with the
quantity of products to be removed;
(ii) may be determined using a unit of measure
appropriate to the contracts; and
(iii) may include valuing products on a per-
acre basis.
(4) Relation to other laws.--The Forest Service may enter
into contracts under subsection (a), notwithstanding subsections
(d) and (g) of section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a).
(d) Receipts.--
(1) In general.--The Forest Service may collect monies from
a contract under subsection (a) so long as such collection is a
secondary objective of negotiating contracts that will best
achieve the purposes of this section.
(2) Use.--Monies from a contract under subsection (a) may be
retained by the Forest Service and shall be available for
expenditure without further appropriation at the demonstration
project site from which the monies are collected or at another
demonstration project site.
(3) Relation to other laws.--The value of services received
by the Secretary under a stewardship contract project conducted
under this section, and any payments made or resources provided
by the contractor or the Secretary under such a project, shall
not be considered to be monies received from the National Forest
System under any provision of law. The Act of June 9, 1930 (16
U.S.C. 576 et seq.; commonly known as the Knutson-Vandenberg
Act), shall not apply to stewardship contracts entered into
under this section.
(e) Costs of Removal.--The Forest Service may collect deposits from
contractors covering the costs of removal of timber or other forest
products pursuant to the Act of August 11, 1916 (39 Stat. 462, chapter
313; 16 U.S.C. 490); and the next to the last paragraph under the
heading ``Forest Service.'' under the heading ``Department
of Agriculture'' in the Act of June 30, 1914 (38
[[Page 112 STAT. 2681-300]]
Stat. 430, chapter 131; 16 U.S.C. 498); notwithstanding the fact that
the timber purchasers did not harvest the timber.
(f) Performance and Payment Guarantees.--
(1) In general.--The Forest Service may require performance
and payment bonds, in accordance with sections 103-2 and 103-2
of part 28 of the Federal Acquisition Regulation (48 C.F.R.
28.103-2, 28.103-3), in an amount that the contracting officer
considers sufficient to protect the Government's investment in
receipts generated by the contractor from the estimated value of
the forest products to be removed under contract under
subsection (a).
(2) Excess offset value.--If the offset value of the forest
products exceeds the value of the resource improvement
treatments, the Forest Service may--
(A) collect any residual receipts pursuant to the
Act of June 9, 1930 (46 Stat. 527, chapter 416; 16
U.S.C. 576b); and
(B) apply the excess to other authorized stewardship
demonstration projects.
(g) Monitoring, Evaluation and Reporting.--The Forest Service shall
establish a multiparty monitoring and evaluation process that accesses
each individual stewardship contract conducted under this section.
Besides the Forest Service, participants in this process may include any
cooperating governmental agencies, including tribal governments, and any
interested groups or individuals. The Forest Service shall report
annually to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the Senate on--
(1) the status of development, execution, and administration
of contracts under subsection (a);
(2) the specific accomplishments that have resulted; and
(3) the role of local communities in development of contract
plans.
Sec. 348. The Forest Service and the Federal Highway Administration
shall make available to the State of Utah, $15,000,000 for construction
of the Trappers Loop connector road. Such funds shall be made available
from the Federal Land Highway Program, Public Lands Highways (Forests)
funds. Such funds shall be made available prior to computation and
aggregation of the state shares of such funds for other projects.
Section 349. <<NOTE: 30 USC 81 note.>> Protection of Sanctity of
Contracts and Leases of Surface Patent Holders With Respect to Coalbed
Methane Gas. (a) In General.--Subject to subsection (b), the United
States shall recognize as not infringing upon any ownership rights of
the United States to coalbed methane any--
(1) contract or lease covering any land that was conveyed by
the United States under the Act entitled ``An Act for the
protection of surface rights of entrymen'', approved March 3,
1909 (30 U.S.C. 81), or the Act entitled ``An Act to provide for
agricultural entries on coal lands'',
approved June 22, 1910 (30 U.S.C. 83 et seq.), that was--
(A) entered into by a person who has title to said
land derived under said Acts, and
(B) that conveys rights to explore for, extract, and
sell coalbed methane from said land; or
(2) coalbed methane production from the lands described in
subsection (a)(1) by a person who has title to said land
[[Page 112 STAT. 2681-301]]
and who, on or before the date of enactment of this Act, has
filed an application with the State oil and gas regulating
agency for a permit to drill an oil and gas well to a completion
target located in a coal formation.
(b) Application.--Subsection (a)
(1) shall apply only to a valid contract or lease described
in subsection (a) that is in effect on the date of enactment of
this Act;
(2) shall not otherwise change the terms or conditions of,
or affect the rights or obligations of any person under such a
contract or lease;
(3) shall apply only to land with respect to which the
United States is the owner of coal reserved to the United States
in a patent issued under the Act of March 3, 1909 (30 U.S.C.
81), or the Act of June 22, 1910 (30 U.S.C. 83 et seq.), the
position of the United States as the owner of the coal not
having passed to a third party by deed, patent or other
conveyance by the United States;
(4) shall not apply to any interest in coal or land
conveyed, restored, or transferred by the United States to a
federally recognized Indian tribe, including any conveyance,
restoration, or transfer made pursuant to the Indian
Recorganization Act, June 18, 1934 (c. 576, 48 Stat. 984, as
amended); the Act of June 28, 1938, (c. 776, 52 Stat. 1209 as
implemented by the order of September 14, 1938, 3 Fed. Reg.
1425); and including the area described in Sec. 3 of P.L. 98-
290; or any executive order;
(5) shall not be construed to constitute a waiver of any
rights of the United States with respect to coalbed methane
production that is not subject to subsection (a);
(6) shall not limit the right of any person who entered into
a contract or lease before the date of enactment of this Act, or
enters into a contract or lease on or after the date of
enactment of this Act, for coal owned by the United States, to
mine and remove the coal and to release coalbed methane without
liability to any person referred to in subsection (a)(1)(A) or
(a)(2).
Sec. 350. No timber in Region 10 of the Forest Service shall be
advertised for sale which, when using domestic Alaska western red cedar
selling values and manufacturing costs, fails to provide at least 60
percent of normal profit and risk of the appraised timber, except at the
written request by a prospective bidder. Program accomplishments shall
be based on volume sold. Should Region 10 sell, in fiscal year 1999, the
annual average portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan which provides greater than
60 percent of normal profit and risk at the time of the sale
advertisement, all of the western red cedar timber from those sales
which is surplus to the needs of domestic processors in Alaska, shall be
made available to domestic processors in the contiguous 48 United States
based on values in the Pacific
Northwest as determined by the Forest Service and stated in the timber
sale contract. Should Region 10 sell, in fiscal year 1999, less than the
annual average portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan meeting the 60 percent of
normal profit and risk standard at the time of sale advertisement, the
volume of western red cedar timber available
[[Page 112 STAT. 2681-302]]
to domestic processors at rates specified in the timber sale contract in
the contiguous 48 states shall be that volume: (i) which is surplus to
the needs of domestic processors in Alaska; and (ii) is that percent of
the surplus western red cedar volume determined by calculating the ratio
of the total timber volume which has been sold on the Tongass to the
annual average portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan. The percentage shall be
calculated by Region 10 on a rolling basis as each sale is sold. (For
purposes of this amendment, a ``rolling basis'' shall mean that the
determination of how much western red cedar is eligible for sale to
various markets shall be made at the time each sale is awarded.) Western
red cedar shall be deemed ``surplus to the needs of domestic processors
in Alaska'' when the timber sale holder has presented to the Forest
Service documentation of the inability to sell western red cedar logs
from a given sale to domestic Alaska processors at a price equal to or
greater than the log selling value stated in the contract. All
additional western red cedar volume not sold to Alaska or contiguous 48
United States domestic processors may be exported to foreign markets at
the election of the timber sale holder. All Alaska yellow cedar may be
sold at prevailing export prices at the election of the timber sale
holder.
Sec. 351. (a) Notwithstanding any other provision of law, prior to
September 30, 2001 the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.), with any Alaska native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native village
corporation under any contract or compact entered into prior to August
27, 1997, or to prohibit the renewal of any such agreement.
Sec. 352. None of the funds in this or any other Act shall be
expended in Fiscal Year 1999 by the Department of the Interior, the
Forest Service, or any other Federal agency for the capture and physical
relocation of grizzly bears in the Selway-Bitterroot area of Idaho and
adjacent Montana. Nothing in this section shall prohibit the Department
of the Interior, the Forest Service, or any other Federal agency from
using funds to produce a final environmental impact statement that will
include an analysis of the habitat based population viability study
completed in 1998, receive public comment on such final environmental
impact statement, or issue a Record of Decision.
Sec. 353. King Cove Health and Safety. (a) Road on King Cove
Corporation Lands.--Of the funds appropriated in this section, not later
than 60 days after the date of enactment of this Act, $20,000,000 shall
be made available to the Aleutians East Borough for the construction of
an unpaved road not more than 20 feet in width, a dock, and marine
facilities and equipment. Such road shall be constructed on King Cove
Corporation Lands and shall extend from King Cove to such dock. The
Aleutians East Borough, in consultation with the State of Alaska, shall
determine the appropriate location of such dock and marine facilities.
In no instance may any part of such road, dock, marine facilities or
equipment enter or pass over any land within the Congressionally-
designated wilderness in the Izembek National Wildlife Refuge
[[Page 112 STAT. 2681-303]]
(for purposes of this section, the lands within the Refuge boundary
already conveyed to the King Cove Corporation are not within the
wilderness area).
(b) King Cove Air Strip.--Of the funds appropriated in this
section, not later than 180 days after the date of enactment of this
Act, the Secretary of the Interior shall make available up to
$15,000,000 to the State of Alaska for the cost of improvements to the
air strip at King Cove, Alaska, including to enable jet aircraft with
the capability of flying non-stop between Anchorage, Alaska and King
Cove, Alaska to land and take off from such air strip.
(c) King Cove Indian Health Service Facility.--Of the funds
appropriated in this section, not later than 60 days after the enactment
of this Act, the Secretary of Health and Human Services shall make
available $2,500,000 to the Indian Health Service for the cost of new
construction or improvements to the clinic in King Cove, Alaska, and
telemedicine and other medical equipment for such clinic.
(d) Applicability of Other Laws.--All actions undertaken pursuant
to this section must be in accordance with all other applicable laws.
(e) Appropriation.--In addition to funds in this or any other Act,
$37,500,000 is appropriated and shall remain available until expended
for the King Cove Health and Safety projects specifically identified
within this section.
Sec. 354. (a) In General.--To reflect the intent of Congress set
forth in Public Law 98-396, section 4(a)(2) of the Columbia River Gorge
National Scenic Area Act (16 U.S.C. 544(a)(2)) is <<NOTE: 16 USC
544b.>> amended--
(1) by striking ``(2) The boundaries'' and inserting the
following:
``(2) Boundaries.--
``(A) In general.--Except as provided in
subparagraph (B), the boundaries''; and
(2) by adding at the end the following:
``(B) Exclusions.--The scenic area shall not include
the approximately 29 acres of land owned by the Port of
Camas-Washougal in the South \1/2\ of Section 16,
Township 1 North, Range 4 East, and the North \1/2\ of
Section 21, Township 1 North, Range 4 East, Willamete
Meridian, Clark County, Washington, that consists of--
``(i) the approximately 19 acres of Port land
acquired from the Corps of Engineers under the
Second Supplemental Appropriations Act, 1984
(Public Law 98-396); and
``(ii) the approximately 10 acres of adjacent
Port land to the west of the land described in
clause (i).''.
(b) Intent.--The <<NOTE: 16 USC 544b note.>> amendment made by
subsection (a)--
(1) is intended to achieve the intent of Congress set forth
in Public Law 98-396; and
(2) is not intended to set a precedent regarding adjustment
or amendment of any boundaries of the
Columbia River Gorge National Scenic Area or any other provisions of the
Columbia River Gorge National Scenic Area Act.
Sec. 355. Section 5580 of the Revised Statutes (20 U.S.C. 42) is
amended--
(1) by inserting ``(a)'' before ``The business''; and
(2) by adding at the end the following:
[[Page 112 STAT. 2681-304]]
``(b) Notwithstanding any other provision of law, the Board of
Regents of the Smithsonian Institution may modify the number of members,
manner of appointment of members, or tenure of members, of the boards or
commissions under the jurisdiction of the Smithsonian Institution, other
than--
``(1) the Board of Regents of the Smithsonian Institution;
and
``(2) the boards or commissions of the National Gallery of
Art, the John F. Kennedy Center for the Performing Arts, and the
Woodrow Wilson International Center for Scholars.''.
Sec. 356. (a) The Act entitled ``An Act to promote the development
of Indian arts and crafts and to create a board to assist therein, and
for other purposes'', approved August 27, 1935 (25 U.S.C. 305 et
seq.), <<NOTE: 25 USC 305f.>> is amended by adding at the end the
following:
``Sec. 7. (a) Notwithstanding any other provision of law, the
Secretary of the Interior is directed to transfer all right, title and
interest in that portion of the Indian Arts and Crafts Board art
collection maintained permanently by the Indian Arts and Crafts Board in
Washington, District of Columbia, to the Secretary of the Smithsonian
Institution to be a part of the collection of the National Museum of the
American Indian, subject to subsection (b). Transfer of the collection
and costs thereof shall be carried out in accordance with terms,
conditions, and standards mutually agreed upon by the Secretary of the
Interior and the Secretary of the Smithsonian Institution.
``(b) The Indian Arts and Crafts Board shall retain a permanent
license to the use of images of the collection for promotional, economic
development, educational and related nonprofit purposes. The Indian Arts
and Crafts Board shall not be required to pay any royalty or fee for
such license.''.
(b) The Secretary of the Interior is authorized to use funds
appropriated in this Act under the heading `salaries and expenses' under
the heading `Departmental Management' for the costs associated with the
transfer of the collection.
Sec. 357. None of the funds provided in this or any other Act shall
be available for the acquisition of lands or interests in lands within
the tract known as the Baca Location No. 1 in New Mexico until such time
as--
(1) an appraisal is completed for such tract which conforms
with the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) legislation is enacted authorizing the acquisition of
lands or interests in lands within such tract.
Sec. 358. The Federal building located at 15013 Denver West Parkway,
Golden, Colorado, and known as the National Renewable Energy Laboratory
Visitors Center, shall be known and designated as the ``Dan Schaefer
Federal Building''. Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States court
house referred to in this provision shall be deemed to be a reference to
the ``Dan Schaefer Federal Building''. This provision shall take effect
on January 3, 1999.
Sec. 359. The new Federal building under construction at 325
Broadway in Boulder, Colorado, shall be known and designated as the
``David Skaggs Federal Building''. Any reference in a law, map,
regulation, document, paper, or other record of the United States to the
Federal building referred to in this provision shall
[[Page 112 STAT. 2681-305]]
be deemed to be a reference to the ``David Skaggs Federal
Building''. This provision shall take effect on January 3, 1999.
Sec. 360. The Federal building located at 201 14th Street, S.W. in
Washington, D.C., shall be known and redesignated as the ``Sidney R.
Yates Federal Building''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Federal
building referred to in this provision shall be deemed to be a reference
to the ``Sidney R. Yates Federal Building''. This provision shall take
effect on January 3, 1999.
Sec. 361. If all of the funding approved for release by the
Committees on September 3, 1998, pursuant to Title V--Priority Land
Acquisitions, Land Exchanges, and Maintenance in Public Law 105-83 is
not apportioned to and made available for obligation by the relevant
land management agencies within five days of the enactment of this Act,
those funds are rescinded.
Sec. 362. Section 219 of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994,
Pub. L. 103-354, 7 U.S.C. Sec. 6919, is hereby repealed.
TITLE IV
THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY ACT
Sec. 401. <<NOTE: Herger-Feinstein Quincy Library Group Forest
Recovery Act. 16 USC 2104 note.>> Pilot Project for Plumas, Lassen, and
Tahoe National Forests to Implement Quincy Library Group Proposal. (a)
Definition.--For purposes of this section, the term ``Quincy Library
Group-Community Stability Proposal'' means the agreement by a coalition
of representatives of fisheries, timber, environmental, county
government, citizen groups, and local communities that formed in
northern California to develop a resource management program that
promotes ecologic and economic health for certain Federal lands and
communities in the Sierra Nevada area. Such proposal includes the map
entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated
October 12, 1993, and prepared by VESTRA Resources of Redding,
California.
(b) Pilot Project Required.--
(1) Pilot project and purpose.--The Secretary of Agriculture
(in this section referred to as the ``Secretary''), acting
through the Forest Service and after completion of an
environmental impact statement (a record of decision for which
shall be adopted within 300 days), shall conduct a pilot project
on the Federal lands described in paragraph (2) to implement and
demonstrate the effectiveness of the resource management
activities described in subsection (d) and the other
requirements of this section, as recommended in the Quincy
Library Group-Community Stability Proposal.
(2) Pilot project area.--The Secretary shall conduct the
pilot project on the Federal lands within
Plumas National Forest, Lassen National Forest, and the Sierraville
Ranger District of Tahoe National Forest in the State of California
designated as ``Available for Group Selection'' on the map entitled
``QUINCY LIBRARY GROUP Community Stability Proposal'', dated October 12,
1993 (in this section referred to as the ``pilot project area''). Such
map shall be on file and available for inspection in the appropriate
offices of the Forest Service.
[[Page 112 STAT. 2681-306]]
(c) Exclusion of Certain Lands, Riparian Protection and
Compliance.--
(1) Exclusion.--All spotted owl habitat areas and protected
activity centers located within the pilot project area
designated under subsection (b)(2) will be deferred from
resource management activities required under subsection (d) and
timber harvesting during the term of the pilot project.
(2) Riparian protection.--
(A) In general.--The Scientific Analysis Team
guidelines for riparian system protection described in
subparagraph (B) shall apply to all resource management
activities conducted under subsection (d) and all timber
harvesting activities that occur in the pilot project
area during the term of the pilot project.
(B) Guidelines described.--The guidelines referred
to in subparagraph (A) are those in the document
entitled ``Viability Assessments and Management
Considerations for Species Associated with Late-
Successional and Old-Growth Forests of the Pacific
Northwest'', a Forest Service research document dated
March 1993 and co-authored by the Scientific Analysis
Team, including Dr. Jack Ward Thomas.
(C) Limitation.--Nothing in this section shall be
construed to require the application of the Scientific
Analysis Team guidelines to any livestock grazing in the
pilot project area during the term of the pilot project,
unless the livestock grazing is being conducted in the
specific location at which the Scientific Analysis Team
guidelines are being applied to an activity under
subsection (d).
(3) Compliance.--All resource management activities required
by subsection (d) shall be implemented to the extent consistent
with applicable Federal law and the standards and guidelines for
the conservation of the California spotted owl as set forth in
the California Spotted Owl Sierran Provence Interim Guidelines
or the subsequently issued guidelines, whichever are in effect.
(4) Roadless area protection.--The Regional Forester for
Region 5 shall direct that any resource management activity
required by subsection (d)(1) and (2), all road building, all
timber harvesting activities, and any riparian management under
subsection (d)(4) that utilizes road construction or timber
harvesting shall not be conducted on Federal lands within the
Plumas National Forest, Lassen National Forest, and the
Sierraville Ranger District of the Tahoe National Forest that
are designated as either ``Off Base'' or ``Deferred'' on the map
referred to in subsection (a). Such direction shall be effective
during the term of the pilot project.
(d) Resource Management Activities.--During the term of the pilot
project, the Secretary shall implement and carry out the following
resource management activities on an acreage basis on the Federal lands
included within the pilot project area designated under subsection
(b)(2):
(1) Fuelbreak construction.--Construction of a strategic
system of defensible fuel profile zones, including shaded
fuelbreaks, utilizing thinning, individual tree selection, and
other methods of vegetation
management consistent with the Quincy Library Group-Community Stability
Proposal, on not less than 40,000, but not more than 60,000, acres per
year.
[[Page 112 STAT. 2681-307]]
(2) Group selection and individual tree selection.--
Utilization of group selection and individual tree selection
uneven-aged forest management prescriptions described in the
Quincy Library Group-Community Stability Proposal to achieve a
desired future condition of all-age, multistory, fire resilient
forests as follows:
(A) Group selection.--Group selection on an average
acreage of .57 percent of the pilot project area land
each year of the pilot project.
(B) Individual tree selection.--Individual tree
selection may also be utilized within the pilot project
area.
(3) Total acreage.--The total acreage on which resource
management activities are implemented under this subsection
shall not exceed 70,000 acres each year.
(4) Riparian management.--A program of riparian management,
including wide protection zones and riparian restoration
projects, consistent with riparian protection guidelines in
subsection (c)(2)(B).
(e) Cost-Effectiveness.--In conducting the pilot project, Secretary
shall use the most cost-effective means available, as determined by the
Secretary, to implement resource management activities described in
subsection (d).
(f) Funding.--
(1) Source of funds.--In conducting the pilot project, the
Secretary shall use, subject to the relevant reprogramming
guidelines of the House and Senate Committees on
Appropriations--
(A) those funds specifically provided to the Forest
Service by the Secretary to implement resource
management activities according to the Quincy Library
Group-Community Stability Proposal; and
(B) year-end excess funds that are allocated for the
administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger
District of Tahoe National Forest.
(2) Prohibition on use of certain funds.--The Secretary may
not conduct the pilot project using funds appropriated for any
other unit of the National Forest System.
(3) Flexibility.--Subject to normal reprogramming
guidelines, during the term of the pilot project, the forest
supervisors of Plumas National Forest, Lassen National Forest,
and Tahoe National Forest may allocate and use all accounts that
contain year-end excess funds and all available excess funds for
the administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger District of
Tahoe National Forest to perform the resource management
activities described in subsection (d).
(4) Restriction.--The Secretary or the forest supervisors,
as the case may be, shall not utilize authority provided under
paragraphs (1)(B) and (3) if, in their judgment, doing so will
limit other nontimber related multiple use activities for which
such funds were available.
(5) Overhead.--The Secretary shall seek to ensure that of
amounts available to carry out this section--
(A) not more than 12 percent is used or allocated
for general administration or other overhead; and
[[Page 112 STAT. 2681-308]]
(B) at least 88 percent is used to implement and
carry out activities required by this section.
(6) Authorized supplemental funds.--There are authorized to
be appropriated to implement and carry out the pilot project
such sums as are necessary.
(7) Baseline funds.--Amounts available for resource
management activities authorized under subsection (d) shall at a
minimum include existing baseline funding levels.
(g) Term of Pilot Project.--The Secretary shall conduct the pilot
project until the earlier of: (1) the date on which the Secretary
completes amendment or revision of the land and resource management
plans directed under and in compliance with subsection (i) for the
Plumas National Forest, Lassen National Forest, and Tahoe National
Forest; or (2) five years after the date of the commencement of the
pilot project.
(h) Consultation.--(1) The statement required by subsection (b)(1)
shall be prepared in consultation with interested members of the public,
including the Quincy Library Group.
(2) Contracting.--The Forest Service, subject to the availability of
appropriations, may carry out any (or all) of the requirements of this
section using private contracts.
(i) Corresponding Forest Plan Amendments.--Within 2 years after the
date of the enactment of this Act, the Regional Forester for Region 5
shall initiate the process to amend or revise the land and resource
management plans for Plumas National Forest, Lassen National Forest, and
Tahoe National Forest. The process shall include preparation of at least
one alternative that--
(1) incorporates the pilot project and area designations
made by subsection (b), the resource management activities
described in subsection (d), and other aspects of the Quincy
Library Group-Community Stability Proposal; and
(2) makes other changes warranted by the analyses conducted
in compliance with section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604), and other applicable laws.
(j) Status Reports.--
(1) In general.--Not later than February 28 of each year
during the term of the pilot project, the Secretary shall submit
to Congress a report on the status of the pilot project. The
report shall include at least the following:
(A) A complete accounting of the use of funds made
available under subsection (f)(1)(A) until such funds
are fully expended.
(B) A complete accounting of the use of funds and
accounts made available under subsection (f)(1) for the
previous fiscal year, including a schedule of the
amounts drawn from each account used to perform resource
management activities described in subsection (d).
(C) A description of total acres treated for each of
the resource management activities required under
subsection (d), forest health improvements, fire risk
reductions, water yield increases, and other natural
resources-related benefits achieved by the
implementation of the resource management activities
described in subsection (d).
[[Page 112 STAT. 2681-309]]
(D) A description of the economic benefits to local
communities achieved by the implementation of the pilot
project.
(E) A comparison of the revenues generated by, and
costs incurred in, the implementation of the resource
management activities
described in subsection (d) on the Federal lands included in the pilot
project area with the revenues and costs during each of the fiscal years
1992 through 1997 for timber management of such lands before their
inclusion in the pilot project.
(F) A proposed schedule for the resource management
activities to be undertaken in the pilot project area
during the 1-year period beginning on the date of
submittal of the report.
(G) A description of any adverse environmental
impacts from the pilot project.
(2) Limitation on expenditures.--The amount of Federal funds
expended on each annual report under this subsection shall not
exceed $125,000.
(k) Final Report.--
(1) In general.--The Secretary shall establish an
independent scientific panel to review and report on whether,
and to what extent, implementation of the pilot project under
this section achieved the goals stated in the Quincy Library
Group-Community Stability Proposal, including improved
ecological health and community stability. The membership of the
panel shall reflect expertise in diverse disciplines in order to
adequately address all of those goals.
(2) Preparation.--The panel shall initiate such review no
sooner than 18 months after the first day of the term of the
pilot project under subsection (g). The panel shall prepare the
report in consultation with interested members of the public,
including the Quincy Library Group. The report shall include,
but not be limited to, the following:
(A) A description of any adverse environmental
impacts resulting from implementation of the pilot
project.
(B) An assessment of watershed monitoring data on
lands treated pursuant to this section. Such assessment
shall address the following issues on a priority basis:
timing of water releases; water quality changes; and
water yield changes over the short- and long-term in the
pilot project area.
(3) Submission to the congress.--The panel shall submit the
final report to the Congress as soon as practicable, but in no
case later than 18 months after completion of the pilot project.
(4) Limitation on expenditures.--The amount of Federal funds
expended for the report under this subsection, other than for
watershed monitoring, shall not exceed $350,000. The amount of
Federal funds expended for watershed monitoring under this
subsection shall not exceed $175,000 for each fiscal year in
which the report is prepared.
(l) Relationship to Other Laws.--Nothing in this section exempts the
pilot project from any Federal environmental law.
(m) Loans for Demonstration Projects for Wood Waste or Low-Quality
Wood Byproducts.--
[[Page 112 STAT. 2681-310]]
(1) Evaluation of loan advisability.--The Alternative
Agricultural Research and Commercialization Corporation
established under section 1658 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5902) (in this
section referred to as the ``Corporation'') shall evaluate the
advisability of making commercialization assistance loans under
section 1661 of such Act (7 U.S.C. 5905) to support a minimum of
2 demonstration projects for the development and demonstration
of commercial application of technology to convert wood waste or
low-quality wood byproducts into usable, higher value products.
(2) Location of demonstration projects.--If the Corporation
determines to make
loans under this subsection to support the development and demonstration
of commercial application of technology to convert wood waste or low-
quality wood byproducts into usable, higher value products, the
Corporation shall consider making one loan with regard to a
demonstration project to be conducted in the pilot project area and one
loan with regard to a demonstration project to be conducted in southeast
Alaska.
(3) Eligibility requirements.--To be eligible for a loan
under this subsection, a demonstration project shall be required
to satisfy the eligibility requirements imposed by the
Corporation under section 1661 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5905).
Sec. 402. Short Title. Section 401 of this title may be cited as the
``Herger-Feinstein Quincy Library Group Forest Recovery Act''.
<<NOTE: The Land Between the Lakes Protection Act of 1998.>> TITLE V--
LAND BETWEEN THE LAKES PROTECTION ACT
SEC. 501. <<NOTE: 16 USC 460lll note.>> SHORT TITLE.
This title may be referred to as ``The Land Between the Lakes
Protection Act of 1998''.
<<NOTE: 16 USC 460lll note.>> SEC. 502. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory board.--The term ``Advisory Board'' means the
Land Between the Lakes Advisory Board established under section
522.
(3) Chairman.--The term ``Chairman'' means the Chairman of
the Board of Directors of the Tennessee Valley Authority.
(4) Eligible employee.--The term ``eligible employee'' means
a person that was, on the date of transfer pursuant to section
541, a full-time or part-time annual employee of the Tennessee
Valley Authority at the Recreation Area.
(5) Environmental law.--
(A) In general.--The term ``environmental law''
means all applicable Federal, State, and local laws
(including regulations) and requirements related to
protection of human health, natural and cultural
resources, or the environment.
(B) Inclusions.--The term ``environmental law''
includes--
[[Page 112 STAT. 2681-311]]
(i) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(iii) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(v) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(vii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(viii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(ix) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(6) Forest highway.--The term ``forest highway'' has the
meaning given the term in section 101(a) of title 23, United
States Code.
(7) Governmental unit.--The term ``governmental unit'' means
an agency of the Federal Government or a State or local
government, local governmental unit, public or municipal
corporation, or unit of a State university system.
(8) Hazardous substance.--The term ``hazardous substance''
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(9) Person.--The term ``person'' has the meaning given the
term in section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(10) Pollutant or contaminant.--The term ``pollutant or
contaminant'' has the meaning given the term in section 101 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(11) Recreation area.--The term ``Recreation Area'' means
the Land Between the Lakes National Recreation Area.
(12) Release.--The term ``release'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(13) Response action.--The term ``response action'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) State.--The term ``State'' means the State of Kentucky
and the State of Tennessee.
SEC. 503. <<NOTE: 16 USC 460lll-1.>> PURPOSES.
The purposes of this title are--
(1) to transfer without consideration administrative
jurisdiction over the Recreation Area from the Tennessee Valley
[[Page 112 STAT. 2681-312]]
Authority to the Secretary so that the Recreation Area may be
managed as a unit of the National Forest System;
(2) to protect and manage the resources of the Recreation
Area for optimum yield of outdoor recreation and environmental
education through multiple use management by the Forest Service;
(3) to authorize, research, test, and demonstrate innovative
programs and cost-effective management of the Recreation Area;
(4) to authorize the Secretary to cooperate between and
among the States, Federal agencies, private organizations, and
corporations, and individuals, as appropriate, in the management
of the Recreation Area and to help stimulate the development of
the surrounding region and extend the beneficial results as
widely as practicable; and
(5) to provide for the smooth and equitable transfer of
jurisdiction from the Tennessee Valley Authority to the
Secretary.
Subtitle A--Establishment, Administration, and Jurisdiction
SEC. 511. <<NOTE: 16 USC 460lll-11.>> ESTABLISHMENT.
(a) In General.--On the transfer of administrative jurisdiction
under section 541, the Land Between the Lakes National Recreation Area
in the States of Kentucky and Tennessee is established as a unit of the
National Forest System.
(b) Management.--
(1) In general.--The Secretary shall manage the Recreation
Area for multiple use as a unit of the National Forest System.
(2) Emphases.--The emphases in the management of the
Recreation Area shall be--
(A) to provide public recreational opportunities;
(B) to conserve fish and wildlife and their habitat;
and
(C) to provide for diversity of native and desirable
non-native plants, animals, opportunities for hunting
and fishing, and environmental education.
(3) Status of unit.--The Secretary may administer the
Recreation Area as a separate unit of the National Forest System
or in conjunction with an existing national forest.
(c) Area Included.--
(1) In general.--The Recreation Area shall comprise the
federally owned land, water, and interests in the land and water
lying between Kentucky Lake and Lake Barkley in the States of
Kentucky and Tennessee, as generally depicted on the map
entitled ``Land Between the Lakes National Recreation Area--
January, 1998''.
(2) Map.--The map described in paragraph (1) shall be
available for public inspection in the Office of the Chief of
the Forest Service, Washington, D.C.
(d) Waters.--
(1) Water levels and navigation.--Nothing in this title
affects the jurisdiction of the Tennessee Valley Authority or
the Army Corps of Engineers to manage and regulate water levels
and navigation of Kentucky Lake and Lake Barkley and areas
subject to flood easements.
[[Page 112 STAT. 2681-313]]
(2) Occupancy and use.--Subject to the jurisdiction of the
Tennessee Valley Authority and the Army Corps of Engineers, the
Secretary shall have jurisdiction to regulate the occupancy and
use of the surface waters of the lakes for recreational
purposes.
SEC. 512. <<NOTE: 16 USC 460lll-12.>> CIVIL AND CRIMINAL JURISDICTION.
(a) Administration.--The Secretary, acting through the Chief of the
Forest Service, shall administer the Recreation Area in accordance with
this title and the laws, rules, and regulations pertaining to the
National Forest System.
(b) Status.--Land within the Recreation Area shall have the status
of land acquired under the Act of March 1, 1911 (commonly known as the
``Weeks Act'') (16 U.S.C. 515 et seq.).
(c) Law Enforcement.--In order to provide for a cost-effective
transfer of the law enforcement responsibilities between the Forest
Service and the Tennessee Valley Authority, the law enforcement
authorities designated under section 4A of the Tennessee Valley
Authority Act 1933 (16 U.S.C. 831c-3) are hereby granted to special
agents and law enforcement officers of the Forest Service. The law
enforcement authorities designated under the eleventh undesignated
paragraph under the heading ``Surveying the public lands'' of the Act of
June 4, 1897 (30 Stat. 35; 16 U.S.C. 551), the first paragraph of that
portion designated ``General Expenses, Forest Service'' of the Act of
March 3, 1905 (33 U.S.C. 873; 16 U.S.C. 559), the National Forest System
Drug Control Act of 1986 (16 U.S.C. 559b-559g) are hereby granted to law
enforcement agents of the Tennessee Valley Authority, within the
boundaries of the Recreation Area, for a period of 1 year from the date
on which this section takes effect.
SEC. 513. <<NOTE: 16 USC 460lll-13.>> PAYMENTS TO STATES AND COUNTIES.
(a) Payments in Lieu of Taxes.--Land within the Recreation Area
shall be subject to the provisions for payments in lieu of taxes under
chapter 69 of title 31, United States Code.
(b) Distribution.--All amounts received from charges, use fees, and
natural resource utilization, including
timber and agricultural receipts, shall not be subject to distribution
to States under the Act of May 23, 1908 (16 U.S.C. 500).
(c) Payments by the Tennessee Valley Authority.--After the transfer
of administrative jurisdiction is made under section 541--
(1) the Tennessee Valley Authority shall continue to
calculate the amount of payments to be made to States and
counties under section 13 of the Tennessee Valley Authority Act
of 1933 (16 U.S.C. 831l); and
(2) each State (including, for the purposes of this
subsection, the State of Kentucky, the State of Tennessee, and
any other State) that receives a payment under that section
shall continue to calculate the amounts to be distributed to the
State and local governments, as though the transfer had not been
made.
SEC. 514. <<NOTE: 16 USC 460lll-14.>> FOREST HIGHWAYS.
(a) In General.--For purposes of section 204 of title 23, United
States Code, the road known as ``The Trace'' and every other paved road
within the Recreation Area (including any road constructed to secondary
standards) shall be considered to be a forest highway.
[[Page 112 STAT. 2681-314]]
(b) State Responsibility.--
(1) In general.--The States shall be responsible for the
maintenance of forest highways within the Recreation Area.
(2) Reimbursement.--To the maximum extent provided by law,
from funds appropriated to the Department of Transportation and
available for purposes of highway construction and maintenance,
the Secretary of Transportation shall reimburse the States for
all or a portion of the costs of maintenance of forest highways
in the Recreation Area.
Subtitle B--Management Provisions
SEC. 521. <<NOTE: 16 USC 460lll-21.>> LAND AND RESOURCE MANAGEMENT
PLAN.
(a) In General.--As soon as practicable after the effective date of
the transfer of jurisdiction under section 541, the Secretary shall
prepare a land and resource management plan for the Recreation Area in
conformity with the National Forest Management Act of 1976 (16 U.S.C.
472a et seq.) and other applicable law.
(b) Interim Provision.--Until adoption of the land and resource
management plan, the Secretary may use, as appropriate, the existing
Tennessee Valley Authority Natural Resource Management Plan to provide
interim management direction. Use of all or a portion of the management
plan by the Secretary shall not be considered to be a major Federal
action significantly affecting the quality of the human environment.
SEC. 522. <<NOTE: 16 USC 460lll-22.>> ADVISORY BOARD.
(a) Establishment.--Not later than 90 days after the date of
transfer pursuant to section 541, the Secretary shall establish the Land
Between the Lakes Advisory Board.
(b) Membership.--The Advisory Board shall be composed of 17 members,
of whom--
(1) 4 individuals shall be appointed by the Secretary,
including--
(A) 2 residents of the State of Kentucky; and
(B) 2 residents of the State of Tennessee;
(2) 2 individuals shall be appointed by the Kentucky Fish
and Wildlife Commissioner or designee;
(3) 1 individual shall be appointed by the Tennessee Fish
and Wildlife Commission or designee;
(4) 2 individuals shall be appointed by the Governor of the
State of Tennessee;
(5) 2 individuals shall be appointed by the Governor of the
State of Kentucky; and
(6) 2 individuals shall be appointed by appropriate
officials of each of the 3 counties containing the Recreation
Area.
(c) Term.--
(1) In general.--The term of a member of the Advisory Board
shall be 5 years.
(2) Succession.--Members of the Advisory Board may not
succeed themselves.
(d) Chairperson.--The Regional Forester shall serve as chairperson
of the Advisory Board.
(e) Rules of Procedure.--The Secretary shall prescribe the rules of
procedure for the Advisory Board.
(f) Functions.--The Advisory Board may advise the Secretary on--
[[Page 112 STAT. 2681-315]]
(1) means of promoting public participation for the land and
resource management plan for the Recreation Area; and
(2) environmental education.
(g) Meetings.--
(1) Frequency.--The Advisory Board shall meet at least
biannually.
(2) Public meeting.--A meeting of the Advisory Board shall
be open to the general public.
(3) Notice of meetings.--The chairperson, through the
placement of notices in local news media and by other
appropriate means shall give 2 weeks' public notice of each
meeting of the Advisory Board.
(h) No Termination.--Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
SEC. 523. <<NOTE: 16 USC 460lll-23.>> FEES.
(a) Authority.--The Secretary may charge reasonable fees for
admission to and the use of the designated sites, or for activities,
within the Recreation Area.
(b) Factors.--In determining whether to charge fees, the Secretary
may consider the costs of collection weighed against potential income.
(c) Limitation.--No general entrance fees shall be charged within
the Recreation Area.
SEC. 524. <<NOTE: 16 USC 460lll-24.>> DISPOSITION OF RECEIPTS.
(a) In General.--All amounts received from charges, use fees, and
natural resource utilization, including timber and agricultural
receipts, shall be deposited in a special fund in the Treasury of the
United States to be known as the ``Land Between the Lakes Management
Fund''.
(b) Use.--Amounts in the Fund shall be available to the Secretary
until expended, without further Act of appropriation, for the management
of the Recreation Area, including payment of salaries and expenses.
SEC. 525. <<NOTE: 16 USC 460lll-25.>> SPECIAL USE AUTHORIZATIONS.
(a) In General.--In addition to other authorities for the
authorization of special uses within the National Forest System, within
the Recreation Area, the Secretary may, on such terms and conditions as
the Secretary may prescribe--
(1) convey for no consideration perpetual easements to
governmental units for public roads over United States Route 68
and the Trace, and such other rights-of-way as the Secretary and
a governmental unit may agree;
(2) transfer or lease to governmental units developed
recreation sites or other facilities to be managed for public
purposes; and
(3) lease or authorize recreational sites or other
facilities, consistent with sections 503(2) and 511(b)(2).
(b) Consideration.--
(1) In general.--Consideration for a lease or other special
use authorization within the Recreation Area shall be based on
fair market value.
(2) Reduction or waiver.--The Secretary may reduce or waive
a fee to a governmental unit or nonprofit organization
[[Page 112 STAT. 2681-316]]
commensurate with other consideration provided to the United
States, as determined by the Secretary.
(c) Procedure.--The Secretary may use any fair and equitable method
for authorizing special uses within the Recreation Area, including
public solicitation of proposals.
(d) Existing Authorizations.--
(1) In general.--A permit or other authorization granted by
the Tennessee Valley Authority that is in effect on the date of
transfer pursuant to section 541 may continue on transfer of
administration of the Recreation Area to the Secretary.
(2) Reissuance.--A permit or authorization described in
paragraph (1) may be reissued or terminated under terms and
conditions prescribed by the Secretary.
(3) Exercise of rights.--The Secretary may exercise any of
the rights of the Tennessee Valley Authority contained in any
permit or other authorization, including any right to amend,
modify, and revoke the permit or authorization.
SEC. 526. <<NOTE: 16 USC 460lll-26.>> COOPERATIVE AUTHORITIES AND
GIFTS.
(a) Fish and Wildlife Service.--
(1) Management.--
(A) In general.--Subject to such terms and
conditions as the Secretary may prescribe, the Secretary
may issue a special use authorization to the United
States Fish and Wildlife Service for the management by
the Service of facilities and land agreed on by the
Secretary and the Secretary of the Interior.
(B) Fees.--
(i) In general.--Reasonable admission and use
fees may be charged for all areas administered by
the United States Fish and Wildlife Service.
(ii) Deposit.--The fees shall be deposited in
accordance with section 524.
(2) Cooperation.--The Secretary and the Secretary of the
Interior may cooperate or act jointly on activities such as
population monitoring and inventory of fish and wildlife with
emphasis on migratory birds and endangered and threatened
species, environmental education, visitor services, conservation
demonstration projects and scientific research.
(3) Subordination of fish and wildlife activities to overall
management.--The management and use of areas and facilities
under permit to the United States Fish and Wildlife Service as
authorized pursuant to this section shall be subordinate to the
overall management of the Recreation Area as directed by the
Secretary.
(b) Authorities.--For the management, maintenance, operation, and
interpretation of the Recreation Area and its facilities, the Secretary
may--
(1) make grants and enter into contracts and cooperative
agreements with Federal agencies, governmental units, nonprofit
organizations, corporations, and individuals; and
(2) accept gifts under Public Law 95-442 (7 U.S.C. 2269)
notwithstanding that the donor conducts business with any agency
of the Department of Agriculture or is regulated by the
Secretary of Agriculture.
[[Page 112 STAT. 2681-317]]
SEC. 527. <<NOTE: 16 USC 460lll-27.>> DESIGNATION OF NATIONAL RECREATION
TRAIL.
Effective on the date of transfer pursuant to section 541, the
North-South Trail is designated as a national recreation trail under
section 4 of the National Trails System Act (16 U.S.C. 1243).
SEC. 528. <<NOTE: 16 USC 460lll-28.>> CEMETERIES.
The Secretary shall maintain an inventory of and ensure access to
cemeteries within the Recreation Area for purposes of burial,
visitation, and maintenance.
SEC. 529. <<NOTE: 16 USC 460lll-29.>> RESOURCE MANAGEMENT.
(a) Minerals.--
(1) Withdrawal.--The land within the Recreation Area is
withdrawn from the operation of the mining and mineral leasing
laws of the United States.
(2) Use of mineral materials.--The Secretary may permit the
use of common varieties of mineral materials for the development
and maintenance of the Recreation Area.
(b) Hunting and Fishing.--
(1) In general.--The Secretary shall permit hunting and
fishing on land and water under the jurisdiction of the
Secretary within the boundaries of the Recreation Area in
accordance with applicable laws of the United States and of each
State, respectively.
(2) Prohibition.--
(A) In general.--The Secretary may designate areas
where, and establish periods when, hunting or fishing is
prohibited for reasons of public safety, administration,
or public use and enjoyment.
(B) Consultation.--Except in emergencies, a
prohibition under subparagraph (A) shall become
effective only after consultation with the appropriate
fish and game departments of the States.
(3) Fish and wildlife.--Nothing in this title affects the
jurisdiction or responsibilities of the States with respect to
wildlife and fish on national forests.
SEC. 530. <<NOTE: 16 USC 460lll-30.>> HEMATITE DAM.
Within one year from the date of transfer pursuant to section 541,
the Tennessee Valley Authority shall cause any breach in the Hematite
Dam to be repaired, or if such repairs have previously been made, the
Tennessee Valley Authority shall certify in a letter to the Secretary
the sound condition of the dam. Future repair costs and maintenance of
the Hematite Dam shall be the responsibility of the Secretary.
SEC. 531. <<NOTE: 16 USC 460lll-31.>> TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a special interest-bearing fund known as the ``Land
Between the Lakes Trust Fund''.
(b) Availability.--Amounts in the Fund shall be available to the
Secretary, until expended, for--
(1) public education, grants, and internships related to
recreation, conservation, and multiple use land management in
the Recreation Area; and
(2) regional promotion in the Recreation Area, in
cooperation with development districts, chambers of commerce,
and State and local governments.
[[Page 112 STAT. 2681-318]]
(c) Deposits.--The Tennessee Valley Authority shall deposit into the
Fund $1,000,000 annually for each of the 5 fiscal years commencing in
the first fiscal year of the transfer. Funding to carry out this section
shall be derived from funding described in section 549.
Subtitle C--Transfer Provisions
SEC. 541. <<NOTE: 16 USC 460lll-41.>> EFFECTIVE DATE OF TRANSFER.
Effective on October 1 of the first fiscal year for which Congress
does not appropriate to the Tennessee Valley Authority at least
$6,000,000 for the Recreation Area, or, if this Act is enacted during a
fiscal year for which Congress has not made such an appropriation,
effective as of the date of enactment of this Act, administrative
jurisdiction over the Recreation Area is transferred from the Tennessee
Valley Authority to the Secretary.
SEC. 542. <<NOTE: 16 USC 460lll-42.>> STATEMENT OF POLICY.
It is the policy of the United States that, to the maximum extent
practicable--
(1) the transfer of jurisdiction over the Recreation Area
from the Tennessee Valley Authority to the Secretary should be
effected in an efficient and cost-effective manner; and
(2) due consideration should be given to minimizing--
(A) disruption of the personal lives of the
Tennessee Valley Authority and Forest Service employees;
and
(B) adverse impacts on permittees, contractees, and
others owning or operating businesses affected by the
transfer.
SEC. 543. <<NOTE: 16 USC 460lll-43.>> MEMORANDUM OF AGREEMENT.
(a) In General.--Not later than 30 days after the date of transfer
pursuant to section 541, the Secretary and the Tennessee Valley
Authority shall enter into a memorandum of agreement concerning
implementation of this title.
(b) Provisions.--The memorandum of understanding shall provide
procedures for--
(1) the orderly withdrawal of officers and employees of the
Tennessee Valley Authority;
(2) the transfer of property, fixtures, and facilities;
(3) the interagency transfer of officers and employees;
(4) the transfer of records; and
(5) other transfer issues.
(c) Transition Team.--
(1) In general.--The memorandum of understanding may provide
for a transition team consisting of the Tennessee Valley
Authority and Forest Service employees.
(2) Duration.--The team may continue in existence after the
date of transfer.
(3) Personnel costs.--The Tennessee Valley Authority and the
Forest Service shall pay personnel costs of their respective
team members.
SEC. 544. <<NOTE: 16 USC 460lll-44.>> RECORDS.
(a) Recreation Area Records.--The Secretary shall have access to all
records of the Tennessee Valley Authority pertaining to the management
of the Recreation Area.
[[Page 112 STAT. 2681-319]]
(b) Personnel Records.--The Tennessee Valley Authority personnel
records shall be made available to the Secretary, on request, to the
extent the records are relevant to Forest Service administration.
(c) Confidentiality.--The Tennessee Valley Authority may prescribe
terms and conditions on the availability of records to protect the
confidentiality of private or proprietary information.
(d) Land Title Records.--The Tennessee Valley Authority shall
provide to the Secretary original records pertaining to land titles,
surveys, and other records pertaining to transferred personal property
and facilities.
SEC. 545. <<NOTE: 16 USC 460lll-45.>> TRANSFER OF PERSONAL PROPERTY.
(a) Subject Property.--
(1) Inventory.--Not later than 60 days after the date of
transfer pursuant to section 541, the Tennessee Valley Authority
shall provide the Secretary with an inventory of all property
and facilities at the Recreation Area.
(2) Availability for transfer.--
(A) In general.--All Tennessee Valley Authority
property associated with the administration of the
Recreation Area, including any property purchased with
Federal funds appropriated for the management of the
Tennessee Valley Authority land, shall be available for
transfer to the Secretary.
(B) Property included.--Property under subparagraph
(A) includes buildings, office furniture and supplies,
computers, office equipment, buildings, vehicles, tools,
equipment, maintenance supplies, boats, engines, and
publications.
(3) Exclusion of property.--At the request of the authorized
representative of the Tennessee
Valley Authority, the Secretary may exclude movable property from
transfer based on a showing by the Tennessee Valley Authority that the
property is vital to the mission of the Tennessee Valley Authority and
cannot be replaced in a cost-effective manner, if the Secretary
determines that the property is not needed for management of the
Recreation Area.
(b) Designation.--Pursuant to such procedures as may be prescribed
in the memorandum of agreement entered into under section 543, the
Secretary shall identify and designate, in writing, all Tennessee Valley
Authority property to be transferred to the Secretary.
(c) Facilitation of Transfer.--The Tennessee Valley Authority shall,
to the maximum extent practicable, use current personnel to facilitate
the transfer of necessary property and facilities to the Secretary,
including replacement of signs and insignia, repainting of vehicles,
printing of public information, and training of new personnel. Funding
for these costs shall be derived from funding described in section 549.
(d) Surplus Property.--
(1) Disposition.--Any personal property, including
structures and facilities, that the Secretary determines cannot
be efficiently managed and maintained either by the Forest
Service or by lease or permit to other persons may be declared
excess by the Secretary and--
[[Page 112 STAT. 2681-320]]
(A) sold by the Secretary on such terms and
conditions as the Secretary may prescribe to achieve the
maximum benefit to the Federal Government; or
(B) disposed of under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.).
(2) Deposit of proceeds.--All net proceeds from the disposal
of any property shall be deposited into the Fund established by
section 531.
SEC. 546. <<NOTE: 16 USC 460lll-46.>> COMPLIANCE WITH ENVIRONMENTAL
LAWS.
(a) Documentation of Existing Conditions.--
(1) In general.--Not later than 60 days after the date of
transfer pursuant to section 541, the Chairman and the
Administrator shall provide the Secretary all documentation and
information that exists on the environmental condition of the
land and waters comprising the Recreation Area property.
(2) Additional documentation.--The Chairman and the
Administrator shall provide the Secretary with any additional
documentation and information regarding the environmental
condition of the Recreation Area property as such documentation
and information becomes available.
(b) Action Required.--
(1) Assessment.--Not later than 120 days after the date of
transfer pursuant to section 541, the Chairman shall provide to
the Secretary an assessment indicating what action, if any, is
required under any environmental law on Recreation Area
property.
(2) Memorandum of understanding.--If the assessment
concludes action is required under any environmental law with
respect to any portion of the Recreation Area property, the
Secretary and the Chairman shall enter into a memorandum of
understanding that--
(A) provides for the performance by the Chairman of
the required actions identified in the assessment; and
(B) includes a schedule providing for the prompt
completion of the required actions to the satisfaction
of the Secretary.
(c) Documentation Demonstrating Action.--On the transfer of
jurisdiction over the Recreation Area from the Tennessee Valley
Authority to the Secretary, the Chairman shall provide the Secretary
with documentation
demonstrating that all actions required under any environmental law have
been taken, including all response actions under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) that are necessary to protect human health and the
environment with respect to any hazardous substance, pollutant,
contaminant, hazardous waste, hazardous material, or petroleum product
or derivative of a petroleum product on Recreation Area property.
(d) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of the Recreation Area
property under this title, and the requirements of this section,
shall not in any way affect the responsibilities and liabilities
of the Tennessee Valley Authority at the Recreation Area under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other
environmental law.
[[Page 112 STAT. 2681-321]]
(2) Access.--After transfer of the Recreation Area property,
the Chairman shall be accorded any access to the property that
may be reasonably required to carry out the responsibility or
satisfy the liability referred to in paragraph (1).
(3) No liability.--The Secretary shall not be liable under
any environmental law for matters that are related directly or
indirectly to present or past activities of the Tennessee Valley
Authority on the Recreation Area property, including liability
for--
(A) costs or performance of response actions
required under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) at or related to the Recreation Area; or
(B) costs, penalties, fines, or performance of
actions related to noncompliance with any environmental
law at or related to the Recreation Area or related to
the presence, release, or threat of release of any
hazardous substance, pollutant, or contaminant,
hazardous waste, hazardous material, or petroleum
product or derivative of a petroleum product of any kind
at or related to the Recreation Area, including
contamination resulting from migration.
(4) No effect on responsibilities or liabilities.--Except as
provided in paragraph (3), nothing in this title affects,
modifies, amends, repeals, alters, limits or otherwise changes,
directly or indirectly, the responsibilities or liabilities
under any environmental law with respect to the Secretary.
(e) Other Federal Agencies.--Subject to the other provisions of this
section, a Federal agency that carried or carries out operations at the
Recreation Area resulting in the release or threatened release of a
hazardous substance, pollutant, or contaminant, hazardous waste,
hazardous material, or petroleum product or derivative of a petroleum
product for which that agency would be liable under any environmental
law shall pay the costs of related response actions and shall pay the
costs of related actions to remediate petroleum products or their
derivatives.
SEC. 547. <<NOTE: 16 USC 460lll-47.>> PERSONNEL.
(a) In General.--
(1) Hiring.--Notwithstanding section 3503 of title 5, United
States Code, and subject to paragraph (2), the Secretary may--
(A) appoint, hire, and discharge officers and
employees to administer the Recreation Area; and
(B) pay the officers and employees at levels that
are commensurate with levels at other units of the
National Forest System.
(2) Interim retention of eligible employees.--
(A) In general.--For a period of not less than 5
months after the effective date of transfer to the
Forest Service--
(i) all eligible employees shall be retained
in the employment of the Tennessee Valley
Authority;
(ii) those eligible employees shall be
considered to be placed on detail to the Secretary
and shall be subject to the direction of the
Secretary; and
[[Page 112 STAT. 2681-322]]
(iii) the Secretary shall reimburse the
Tennessee Valley Authority for the amount of the
basic pay and all other compensation of those
eligible employees.
(B) Notice to employees.--The Secretary shall
provide eligible employees a written notice of not less
than 60 days before termination.
(C) Termination for cause.--Subparagraph (A) does
not preclude a termination for cause during the period
described in subparagraph (A).
(b) Applications for Transfer and Appointment.--An eligible employee
shall have the right to apply for employment by the Secretary under
procedures for transfer and appointment of Federal employees outside the
Department of Agriculture.
(c) Hiring by the Secretary.--
(1) In general.--Subject to subsection (b), in filling
personnel positions within the Recreation Area, the Secretary
shall follow all laws (including regulations) and policies
applicable to the Department of Agriculture.
(2) Notification and hiring.--Notwithstanding paragraph (1),
the Secretary--
(A) shall notify all eligible employees of all
openings for positions with the Forest Service at the
Recreation Area before notifying other individuals or
considering applications by other individuals for the
positions; and
(B) after applications by eligible employees have
received consideration, if any positions remain
unfilled, shall notify other individuals of the
openings.
(3) Noncompetitive appointments.--Notwithstanding any other
placement of career transition programs authorized by the Office
of Personnel Management of the United States Department of
Agriculture, the Secretary may noncompetitively appoint eligible
employees to positions in the Recreation Area.
(4) Period of service.--Except to the extent that an
eligible employee that is appointed by the Secretary may be
otherwise compensated for the period of service as an employee
of the Tennessee Valley Authority, that period of service shall
be treated as a period of service as an employee of the
Secretary for the purposes of probation, career tenure, time-in-
grade, and leave.
(d) Transfer to Positions in Other Units of the Tennessee Valley
Authority.--The Tennessee Valley Authority--
(1) shall notify all eligible employees of all openings for
positions in other units of the Tennessee Valley Authority
before notifying other individuals or considering applications
by other individuals for the positions; and
(2) after applications by eligible employees have received
consideration, if any positions remain unfilled, shall notify
other individuals of the openings.
(e) Employee Benefit Transition.--
(1) Memorandum of understanding.--
(A) In general.--The Secretary and the heads of the
Office of Personnel Management, the Tennessee Valley
Authority and the Tennessee Valley Authority Retirement
System shall enter into a memorandum of understanding
providing for the transition for all eligible employees
of compensation made available through the Tennessee
Valley Authority Retirement System.
[[Page 112 STAT. 2681-323]]
(B) Employee participation.--In deciding on the
terms of the memorandum of understanding, the Secretary
and the heads of the Office of Personnel Management, the
Tennessee Valley Authority and the Tennessee Valley
Authority Retirement System shall meet and consult with
and give full consideration to the views of employees
and representatives of the employees of the Tennessee
Valley Authority.
(2) Eligible employees that are transferred to other units
of tva.--An eligible employee that is transferred to another
unit of the Tennessee Valley Authority shall experience no
interruption in coverage for or reduction of any retirement,
health, leave, or other employee benefit.
(3) Eligible employees that are hired by the secretary.--
(A) Level of benefits.--The Secretary shall provide
to an eligible employee that is hired by the Forest
Service a level of retirement and health benefits that
is equivalent to the level to which the eligible
employee would have been entitled if the eligible
employee had remained an employee of the Tennessee
Valley Authority.
(B) Transfer of retirement benefits.--
(i) In general.--Eligible employees hired by
the Forest Service shall become members of the
Civil Service Retirement System (CSRS) Offset Plan
and shall have the option to transfer into the
Federal Employees Retirement System (FERS) within
six months of their date of transfer. Such
employees shall have the option at any time to
receive credit in CSRS Offset or FERS for all of
their TVA service in accordance with applicable
procedures. Any deposits necessary to receive
credit for such service shall be considered
transfers to a qualified plan for purposes of
favorable tax treatment of such amount under the
Internal Revenue Code.
(ii) Funding shortfall.--
(I) In general.--For all eligible
employees that are not part of the Civil
Service Retirement System, the Tennessee
Valley Authority shall meet any funding
shortfall resulting from the transfer of
retirement benefits.
(II) Notification.--The Secretary
shall notify the Tennessee Valley
Authority Board of the cost associated
with the transfer of retirement
benefits.
(III) Payment.--The Tennessee Valley
Authority shall fully compensate the
Secretary for the costs associated with
the transfer of retirement benefits.
(IV) No interruption.--An eligible
employee that is hired by the Forest
Service and is eligible for Civil
Service Retirement shall not experience
any interruption in retirement benefits.
(C) No interruption.--An eligible employee that is
hired by the Secretary--
(i) shall experience no interruption in
coverage for any health, leave, or other employee
benefit; and
[[Page 112 STAT. 2681-324]]
(ii) shall be entitled to carry over any leave
time accumulated during employment by the
Tennessee Valley Authority.
(D) Period of service.--Notwithstanding section
8411(b)(3) of title 5, United States Code, except to the
extent that an eligible employee may be otherwise
compensated (including the provision of retirement
benefits in accordance with the memorandum of
understanding) for the period of service as an employee
of the Tennessee Valley Authority, that period of
service shall be treated as a period of service as an
employee of the U.S. Department of Agriculture for all
purposes relating to the Federal employment of the
eligible employee.
(4) Eligible employees that are discharged not for cause.--
(A) Level of benefits.--The parties to the
memorandum of understanding shall have authority to deem
any applicable requirement to
be met, to make payments to an employee, or take any other action
necessary to provide to an eligible employee that is discharged as being
excess to the needs of the Tennessee Valley Authority or the Secretary
and not for cause and that does not accept an offer of employment from
the Secretary, an optimum level of retirement and health benefits that
is equivalent to the level that has been afforded employees discharged
in previous reductions in force by the Tennessee Valley Authority.
(B) Minimum benefits.--An eligible employee that is
discharged as being excess to the needs of the Tennessee
Valley Authority or the Secretary and not for cause
shall, at a minimum be entitled to--
(i) at the option of the eligible employee--
(I) a lump-sum equal to $1,000,
multiplied by the number of years of
service of the eligible employee (but
not less that $15,000 nor more than
$25,000);
(II) a lump-sum payment equal to the
amount of pay earned by the eligible
employee for the last 26 weeks of the
eligible employee's service; or
(III) the deemed addition of 5 years
to the age and the years of service of
an eligible employee;
(ii) 15 months of health benefits for
employees and dependents at the same level
provided as of the date of transfer pursuant to
section 541;
(iii) 1 week of pay per year of service as
provided by the Tennessee Valley Authority
Retirement System;
(iv) a lump-sum payment of all accumulated
annual leave;
(v) unemployment compensation in accordance
with State law;
(vi) eligible pension benefits as provided by
the Tennessee Valley Authority Retirement System;
and
(vii) retraining assistance provided by the
Tennessee Valley Authority.
(C) Shortfall.--If the board of directors of the
Tennessee Valley Authority Retirement System determines
[[Page 112 STAT. 2681-325]]
that the cost of providing the benefits described in
subparagraphs (A) and (B) would have a negative impact
on the overall retirement system, the Tennessee Valley
Authority shall be required to meet any funding
shortfalls.
SEC. 548. <<NOTE: 16 USC 460lll-48.>> TENNESSEE VALLEY AUTHORITY
TRANSFER COSTS.
Any costs incurred by Tennessee Valley Authority associated with the
transfer under this subtitle shall be derived from funding described in
section 549.
SEC. 549. <<NOTE: 16 USC 460lll-49.>> TENNESSEE VALLEY AUTHORITY
TRANSFER FUNDING.
(a) In General.--The funding described in this section is funding
derived from only 1 or more of the following sources:
(1) Nonpower fund balances and collections.
(2) Investment returns of the nonpower program.
(3) Applied programmatic savings in the power and nonpower
programs.
(4) Savings from the suspension of bonuses and awards.
(5) Savings from reductions in memberships and
contributions.
(6) Increases in collections resulting from nonpower
activities, including user fees.
(7) Increases in charges to private and public utilities
both investor and cooperatively owned, as well as to direct load
customers.
(b) Availability.--Funds from the sources described in subsection
(a) shall be available notwithstanding section 11, 14, 15, or 29 or any
other provision of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831 et seq.) or any provisions of the covenants contained in any power
bonds issued by the Tennessee Valley Authority.
(c) Sufficiency of Savings.--The savings from and the revenue
adjustment to the budget of the Tennessee Valley Authority for the first
fiscal year of the transfer and each fiscal year thereafter shall be
sufficient so that the net spending authority and resulting outlays to
carry out activities with funding described in subsection (a) shall not
exceed $0 for the first fiscal year of the transfer and each fiscal year
thereafter.
(d) Itemized List of Reductions and Increased Receipts.--
(1) Proposed changes.--Not later than 30 days after the date
of transfer pursuant to section 541, the Chairman of the
Tennessee Valley Authority shall submit to the Committee on
Appropriations of the House of Representatives and the Committee
on Appropriations of the Senate an itemized list of the amounts
of reductions in spending and increases in receipts that are
proposed to be made as a result of activities under this
subsection during the first fiscal year of the transfer.
(2) Actual changes.--Not later than 24 months after the
effective date of the transfer, the Chairman of the Tennessee
Valley Authority shall submit to the Committee on Appropriations
of the House of Representatives and the Committee on
Appropriations of the Senate an itemized list of the amounts of
reductions in spending and increases in receipts as a result of
activities under this subsection during the first fiscal year of
the transfer.
[[Page 112 STAT. 2681-326]]
Subtitle D--Funding
SEC. 551. <<NOTE: 16 USC 460lll-61.>> AUTHORIZATION OF APPROPRIATIONS.
(a) Agriculture.--There are authorized to be appropriated to the
Secretary of Agriculture such sums as are necessary to--
(1) permit the Secretary to exercise administrative
jurisdiction over the Recreation Area under this title; and
(2) administer the Recreation Area area as a unit of the
National Forest System.
(b) Interior.--There are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary to carry out
activities within the Recreation Area.
TITLE VI
<<NOTE: Interstate 90 Land Exchange Act of 1998. 16 USC 539k
note.>> INTERSTATE 90 LAND EXCHANGE ACT
SEC. 601. SHORT TITLE.
This Act may be cited as the ``Interstate 90 Land Exchange Act of
1998''.
SEC. 602. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) certain parcels of private land located in central and
southwest Washington are intermingled with National Forest
System land owned by the United States and administered by the
Secretary of Agriculture as parts of the Mt. Baker-Snoqualmie
National Forest, Wenatchee National Forest, and Gifford Pinchot
National Forest;
(2) the private land surface estate and some subsurface is
owned by the Plum Creek Timber Company, L.P. in an intermingled
checkerboard pattern, with the United States or Plum Creek
owning alternate square mile sections of land or fractions of
square mile sections;
(3) the checkerboard land ownership pattern in the area has
frustrated sound and efficient land management on both private
and National Forest lands by complicating fish and wildlife
habitat management, watershed protection, recreation use, road
construction and timber harvest, boundary administration, and
protection and management of threatened and endangered species
and old growth forest habitat;
(4) acquisition by the United States of certain parcels of
land that have been offered by Plum Creek for addition to the
Mt. Baker-Snoqualmie National Forest and Wenatchee National
Forest will serve important public objectives, including--
(A) enhancement of public access, aesthetics and
recreation opportunities within or near areas of very
heavy public recreational use including--
(i) the Alpine Lakes Wilderness Area;
(ii) the Pacific Crest Trail;
(iii) Snoqualmie Pass;
(iv) Cle Elum Lake, Kachess Lake and Keechulus
Lake; and
(v) other popular recreation areas along the
Interstate 90 corridor east of the Seattle-Tacoma
Metropolitan Area;
[[Page 112 STAT. 2681-327]]
(B) protection and enhancement of old growth forests
and habitat for threatened, endangered and sensitive
species, including a net gain of approximately 28,500
acres of habitat for the northern spotted owl;
(C) consolidation of National Forest holdings for
more efficient administration and to meet a broad array
of ecosystem protection and other public land management
goals, including net public gains of approximately 283
miles of stream ownership, 14 miles of the route of the
Pacific Crest Trail, 20,000 acres of unroaded land, and
7,360 acres of riparian land; and
(D) a significant reduction in administrative costs
to the United States through--
(i) consolidation of Federal land holdings for
more efficient land management and planning;
(ii) elimination of approximately 300 miles of
boundary identification and posting;
(iii) reduced right-of-way, special use, and
other permit processing and issuance for roads and
other facilities on National Forest System land;
and
(iv) other administrative cost savings;
(5) Plum Creek has selected certain parcels of National
Forest System land that are logical for
consolidation into Plum Creek ownership utilizing a land exchange
because the parcels--
(A) are intermingled with parcels owned by Plum
Creek; and
(B)(i) are generally located in less environmentally
sensitive areas than the Plum Creek offered land; and
(ii) have lower public recreation and other public
values than the Plum Creek offered land;
(6) time is of the essence in consummating a land exchange
because delays may force Plum Creek to road or log the offered
land and thereby diminish the public values for which the
offered land is to be acquired; and
(7) it is in the public interest to complete the land
exchange at the earliest practicable date so that the offered
land can be acquired and preserved by the United States for
permanent public management, use, and enjoyment.
(b) Purpose.--It is the purpose of this Act to further the public
interest by authorizing, directing, facilitating, and expediting the
consummation of the Interstate 90 land exchange so as to ensure that the
offered land is expeditiously acquired for permanent public use and
enjoyment.
SEC. 603. DEFINITIONS.
In this Act:
(1) Offered land.--The term ``offered land'' means all
right, title and interest, including the surface and subsurface
interests, in land described in section 604(a) to be conveyed
into the public ownership of the United States under this Act.
(2) Plum creek.--The term ``Plum Creek'' means Plum Creek
Timber Company, L.P., a Delaware Limited Partnership, or its
successors, heirs, or assigns.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
[[Page 112 STAT. 2681-328]]
(4) Selected land.--The term ``selected land'' means all
right, title and interest, including the surface and subsurface
interests, unless Plum Creek agrees otherwise, in land described
in section 604(b) to be conveyed into the private ownership of
Plum Creek under this Act.
SEC. 604. LAND EXCHANGE.
(a) Condition and Conveyance of Offered Land.--The exchange directed
by this Act shall be consummated if Plum Creek conveys title acceptable
to the Secretary in and to the lands described in subsection (d), the
offered lands described in paragraphs (1) and (2), or, if necessary, the
lands and interests in land as provided in subsection (c).
(1) Certain land comprising approximately 8,808 acres and
located within the exterior boundaries of the Mt. Baker-
Snoqualmie National Forest, Washington, as generally depicted on
a map entitled ``Interstate 90 Land Exchange'', dated October
1998; and
(2) Certain land comprising approximately 53,576 acres and
located within or adjacent to the exterior boundaries of the
Wenatchee National Forest, Washington, as generally depicted on
a map entitled ``Interstate 90 Land Exchange'', dated October
1998.
(b) Conveyance of Selected Land by the United States.--Upon receipt
of acceptable title to the offered land, and lands and interests
described in subsection (d), the Secretary shall simultaneously convey
to Plum Creek all right, title and interest of the United States,
subject to valid existing rights, in and to the following selected land:
(1) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the Mt.
Baker-Snoqualmie National Forest, Washington, and comprising
approximately
5,697 acres, as generally depicted on a map entitled ``Interstate 90
Land Exchange'', dated October 1998.
(2) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the
Wenatchee National Forest, Washington, and comprising
approximately 5,197 acres, as generally depicted on a map
entitled ``Interstate 90 Land Exchange'', dated October 1998.
(3) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the
Gifford Pinchot National Forest, Washington, and comprising
approximately 5,601 acres, as generally depicted on a map
entitled ``Interstate 90 Land Exchange'', dated October 1998.
(c) Offered Land Title.--If Plum Creek conveys title acceptable to
the Secretary to less than all rights and interests in the offered
lands, but conveys title acceptable to the Secretary to all rights and
interests that Plum Creek owns and acquires under previous agreements in
the lands described in subsection (d), the offered lands, and lands on
the east and west sides of Cle Elum Lake, comprising approximately 252
acres, described as Township 21 North, Range 14 East, Section 5, and
Lost Lake lands comprising approximately 272 acres, described as
Township 21 North, Range 11 East, W\1/2\ of Section 3, the Secretary
shall convey to Plum Creek all rights and interest in the selected land
after the values of the offered and selected land are equalized. The
values of the
[[Page 112 STAT. 2681-329]]
offered and selected lands shall be equalized as provided in section
605(c)-(e) without regard to the value of lands described in subsection
(d) or the Cle Elum or Lost Lake lands.
(d) <<NOTE: 16 USC 1132 note.>> Land Donation.--Plum Creek agrees
that it will convey, in the form of a voluntary donation, title
acceptable to the Secretary in and to lands and interests in lands
comprising approximately 320 acres, described as Township 22 North,
Range 11 East, S\1/2\ of Section 13, if Plum Creek conveys title to
lands and interests pursuant to subsections (a) or (c). It is the
intention of Congress that any portion of such donated land which the
Secretary determines qualifies as wilderness be, upon the date of its
acquisition by the United States, incorporated in and managed as part of
the adjacent Alpine Lakes Wilderness (as designated by Public Law 94-
357) in accordance with section 6(a) of the Wilderness Act (16 U.S.C.
1135).
SEC. 605. EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.
(a) Equal Value Exchange.--
(1) In general.--The values of the offered and selected
land--
(A) shall be equal; or
(B) if the values are not equal, shall be equalized
as set forth in subsections (c)-(e).
(2) Appraisal assumption.--In order to ensure the equitable
and uniform appraisal of both the offered and selected land
directed for exchange by this Act, all appraisals shall
determine the highest and best use of the offered and selected
land in
accordance with applicable provisions of the Washington State Forest
Practices Act and rules and regulations thereunder, including
alternative measures for protecting critical habitat pursuant to a
habitat conservation plan as provided in Washington Administrative Code
222-16-080-(6).
(3) Appraisals.--The values of the offered land and selected
land shall be determined by appraisals utilizing nationally
recognized appraisal standards, including applicable provisions
of the Uniform Appraisal Standards for Federal Land Acquisitions
(1992), the Uniform Standards of Professional Appraisal
Practice, and section 206(d) of the Federal Land Policy and
Management Act of 1976, as amended (43 U.S.C. 1716(d)).
(4) Approval by the Secretary.--The appraisals, if not
already completed by the date of enactment of this Act, shall be
completed and submitted to the Secretary for approval not later
than 180 days after the date of enactment of this Act: Provided,
That all timber harvest cease no later than November 30, 1998,
except for any cleanup, reforestation, or other post-harvest
work which cannot be completed by November 30, 1998. A
comprehensive summary of the appraisal consistent with 7 CFR
Part 1.11 shall be made available for public inspection in the
Office of the Supervisor, Wenatchee National Forest, not less
than 30 days nor more than 45 days prior to the exchange of
deeds.
(b) Appraisal Period.--After the final appraised values of the
offered and selected lands, or any portion of the land, have been
approved by the Secretary or otherwise determined under section 206(d)
of the Federal Land Policy and Management Act (43 U.S.C. 1716(d)), the
value shall not be reappraised or updated before
[[Page 112 STAT. 2681-330]]
consummation of the land exchange, except to account for any timber
harvest that might occur after completion of the final appraisal, or for
any adjustments under section 606(g).
(c) Equalization if Surplus of Offered Land.--
(1) In general.--If the final appraised value of the offered
land or lands and interest in lands conveyed by Plum Creek under
section 604(c), except for the Cle Elum and Lost Lake lands,
exceeds the final appraised value of the selected land, Plum
Creek shall delete offered land parcels from the exchange in the
exact order each land Section (or offered portion thereof) is
listed in paragraph (2) until the values are approximately
equal.
(2) Order of deletion.--Offered land deletions under
paragraph (1) shall be made in the following order:
(A) Township 22 North, Range 13 East, Section 31,
Willamette Meridian;
(B) Township 21 North, Range 11 East, Section 35;
(C) Township 19 North, Range 11 East, Section 35;
(D) Township 19 North, Range 12 East, Section 1;
(E) Township 20 North, Range 11 East, Sections 1 and
13;
(F) Township 19 North, Range 12 East, Section 15;
(G) Township 20 North, Range 11 East, Section 11;
(H) Township 21 North, Range 11 East, Section 27;
(I) Township 19 North, Range 13 East, Sections 27
and 15;
(J) Township 21 North, Range 11 East, Sections 21
and 25;
(K) Township 19 North, Range 11 East, Section 23;
(L) Township 19 North, Range 13 East, Sections 21, 9
and 35;
(M) Township 20 North, Range 12 East, Sections 35
and 27;
(N) Township 19 North, Range 12 East, Section 11;
(O) Township 21 North, Range 11 East, Section 17;
(P) Township 21 North, Range 11 East, Section 5;
(Q) Township 18 North, Range 15 East, Section 3;
(R) Township 19 North, Range 14 East, Section 25;
(S) Township 19 North, Range 15 East, Sections 29
and 31; and
(T) Township 19 North, Range 13 East, Section 7.
(d) Equalization if Surplus of Selected Land.--
(1) In general.--If the final appraised value of the
selected land exceeds the final appraised value of the offered
land or lands and interest in lands conveyed by Plum Creek under
section 604(c), except for the Cle Elum and Lost Lake lands, the
Secretary shall delete selected land parcels from the exchange
in the exact order each land Section (or selected portion
thereof) is listed in paragraph (2) until the values are
approximately equal.
(2) Order of deletion.--Selected land deletions under
paragraph 1 shall be made in the following listed order:
(A) the portion of Township 20 North, Range 11 East,
Section 30 lying east of the thread of Sawmill Creek;
(B) the portion of Township 19 North, Range 11 East,
Section 6 lying east of the thread of Sawmill Creek;
(C) Township 20 North, Range 11 East, Section 32;
[[Page 112 STAT. 2681-331]]
(D) Township 21 North, Range 14 East, Sections 28,
22, 36, 26 and 16;
(E) Township 18 North, Range 15 East, Sections 13,
12 and 2;
(F) Township 18 North, Range 15 East, Section 1; and
(G) Township 18 North, Range 15 East, Section 17,
Willamette Meridian.
(e) Once the values of the offered and selected lands are equalized
to the maximum extent practicable under subsections (c) or (d), any cash
equalization balance due the Secretary or Plum Creek shall be made
through cash equalization payments under subsection 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(f) Use of Proceeds by the Secretary.--The amount of any cash
equalization payment received by the Secretary under this section shall
be retained by the Secretary and shall be used by the Secretary until
fully expended to purchase land from willing sellers in the State of
Washington for addition to the National Forest System.
SEC. 606. MISCELLANEOUS PROVISIONS.
(a) Status of Lands After Exchange.--
(1) Land acquired by the secretary.--
(A) In general.--Land acquired by the Secretary
under this Act shall become part of the Mt. Baker-
Snoqualmie, Gifford Pinchot or Wenatchee National
Forests, as appropriate.
(B) Modification of boundaries.--
(1) If any land acquired by the Secretary lies
outside the exterior boundaries of the national
forests identified in subparagraph (A), the
boundaries of the
appropriate national forest are hereby modified to include such land.
(2) Nothing in this section shall limit the
authority of the Secretary to adjust the
boundaries of such National Forests pursuant to
section 11 of the Act of March 1, 1911 (commonly
known as the ``Weeks Act'').
(3) For purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C.
4601-9) the boundaries of Mt. Baker-Snoqualmie,
Wenatchee and Gifford Pinchot as modified by this
Act shall be considered to be the boundaries of
such forests as of January 1, 1965.
(C) Management.--Land acquired by the Secretary
under this Act shall have the status of lands acquired
under the Act of March 1, 1911 and shall be managed in
accordance with the laws, rules, regulations and
guidelines applicable to the National Forest System.
(2) Land acquired by plum creek.--Land acquired by Plum
Creek under this Act shall become private land for all purposes
of law, unless the deed by which conveyance is made to Plum
Creek contains a specific reservation.
(b) Post-Exchange Access to Land.--
(1) Finding.--Congress finds that Plum Creek and the
Secretary should have adequate and timely post-exchange
Tuesday, April 2, 2013
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment