c8af34426a31234c7de34a1618f3f976da540ba054eaac64e619934d546e0346

expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.

9451b0b2136777a98d5565390b06041c311e43c2c8d36e6213b0000281636507

TITLE I

-DEPARTMENT OF THE INTERIOR

of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oilspills; response and
natural resource damage assessment activities related to actual
oilspills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for emergency
rehabilitation and wildfire suppression activities, no funds shall be
made available under this authority until funds appropriated to
``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)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.

57ece0353464b94b29e368b39c9cb206fbbe15c00bb06a790c182ba118eb881e

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.

e9059b83172d1a9a363d443fa6d7edb56233ca1cf5ecc7396f79827ff1f4df23

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.

6858fae8ed81c5720677bc0d5fa6e1d0144c116f7efbd2d567a08a4148580d40

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).

10e26ac7bd5ceca1787bd42d287a99a85125b05abd3fdaa97d809395875b2417

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.

fb489677909f0d303a6c9872c3a8528dd42231f6b3194d3e72d77429a72eb425

which the recreation fee demonstration program authorized in Public Law
104-134 is in effect, the fee collection support authority provided in
16 U.S.C. 460l-6(i)(1)(B) applies only to parks not included in the fee
demonstration program, and that the amount retained under this
authority to cover fee collection costs will not exceed those costs at
the non-demonstration parks, or 15 percent of all fees collected at
non-demonstration parks in a fiscal year whichever is less. Fee
collection costs for parks included in the fee demonstration program
will be covered by the fees retained at those parks.

a926ac97ab82bc630e5a7509ab3a94795e71dafe71b34806a4d7830b83a0a1de

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.

47a207d18a6c25cce5688e12bbcff33d4332a9c122bee1d2016c529b2177ab68

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.

bbfc5c199559287c9b8fe4299a8b054a9067a50520baef7413df70e1bff814c5

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.

fac6caa53ad16e754f57c15b4a2588653d5e10b46858da93227333afacdf27ec

Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.

1fffa1845aa82cd9451ea82dd9cc445a03cb85b23f686c5d3bef53e6d0127bfa

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.

ab3192878989afbbfeb819b375ca1128cc05c4c23560648ff0b8c9ba91bb043e

Management, entitled to severance pay under 5 U.S.C. 5595, may apply
for, and the Secretary of the Interior may pay, the total amount of the
severance pay to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the Federal Government
shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and
(3), except that any repayment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the
required employee contribution under 5 U.S.C. 8905a(d)(1)(A). The
Helium Fund shall pay for 18 months the remaining portion of required
contributions.
(c) The Secretary of the Interior may provide for training to
assist Helium Operations employees in the transition to other Federal
or private sector jobs during the facility shut-down and disposition
process and for up to 12 months following separation from Federal
employment, including retraining and relocation incentives on the same
terms and conditions as authorized for employees of the Department of
Defense in section 348 of the National Defense Authorization Act for
Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions of 5
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and
other related Helium Program activities shall be deemed to create an
exigency of public business under, and annual leave that is lost during
leave years 1997 through 2001 because of, 5 U.S.C. 6304 (regardless of
whether such leave was scheduled in advance) shall be restored to the
employee and shall be credited and available in accordance with 5
U.S.C. 6304(d)(2). Annual leave so restored and remaining unused upon
the transfer of a Helium Program employee to a position of the
executive branch outside of the Helium Program shall be liquidated by
payment to the employee of a lump sum from the Helium Fund for such
leave.
(e) Benefits under this section shall be paid from the Helium Fund
in accordance with section 4(c)(4) of the Helium Privatization Act of
1996. Funds may be made available to Helium Program employees who are
or will be separated before October 1, 2002 because of the cessation of
helium production and sales and other related activities. Retraining
benefits, including retraining and relocation incentives, may be paid
for retraining commencing on or before September 30, 2002.

f9be4ac3b5d8d177b1261ce0dce637cdbad5d9e275049408001e17ae5b573246

may be used to establish a new regional office in the United States
Fish and Wildlife Service without the advance approval of the House and
Senate Committees on Appropriations.

8a625a937546d823b600aad462369db48df1b3daab5d357401a1d484c606905e

date of enactment of this Act, the Secretary of the Interior shall
convey to the State of West Virginia without reimbursement, all right,
title, and interest of the United States in and to the property
described in subsection (b), for sole use by the Wildlife Resources
Section of the West Virginia Division of Natural Resources, as part of
the State of West Virginia fish culture program.
(b) Property Described.--The property referred to in subsection (a)
is the property known as the Bowden National Fish Hatchery, located on
old United States Route 33, Randolph County, West Virginia, consisting
of 44 acres (more or less), and all improvements and related personal
property under the control of the Secretary that is located on that
property, including buildings, structures, equipment, and all
easements, leases, and water rights relating to that property.
(c) Use and Reversionary Interest.--The property conveyed to the
State of West Virginia pursuant to this section shall be used and
operated solely by the Wildlife Resources Section of the West Virginia
Division of Natural Resources for the purposes of fishery resources
management and fisheries-related activities, and if it is used for any
other purposes or by any other party other than the use authorized
under subsection (a), all right, title, and interest in and to all
property conveyed under this section shall revert to the United States.
The State of West Virginia shall ensure that the property reverting to
the United States is in substantially the same or better condition as
at the time of transfer.

ce0f9a4cbfa9c59bc99a06efa0cdd21023d6f1869e650e094c1a33beb7a28283

after the word ``title'' the following: ``or provided from other
Federal agencies through reimbursable or other agreements pursuant to
the Economy Act''.

0889cf0708c9cdb04dc9e637a985604f6f27e48847ecc4726bff2de556d79016

Association'' of Public Law 100-446 is amended by striking
``$2,000,000'' and inserting ``$2,500,000'' and by adding at the end of
the proviso the following: ``and commencing on October 1, 1998 and
every year thereafter, this dollar amount shall be changed to reflect
any fluctuation occurring during the previous twelve (12) months in the
Consumer Price Index, as determined by the Secretary of Labor''.

4aa29d6d429153b1d9eabe4d2af3d7b396c9f3126381d9d795752755439d8096

tribal priority allocations (hereafter in this section ``TPA'') in
excess of the funds expended for TPA in fiscal year 1997 (adjusted for
fixed costs, internal transfers pursuant to other law, and proposed
increases to formula-driven programs not included in tribes' TPA base)
shall only be available for distribution--
(1) to each tribe to the extent necessary to provide that tribe
the minimum level of funding recommended by the Joint-Tribal/BIA/
DOI Task Force on Reorganization of the Bureau of Indian Affairs
Report of 1994 (hereafter ``the 1994 Report'') not to exceed
$160,000 per tribe; and
(2) to the extent funds remain, such funds will be allocated
according to the recommendations of a task force comprised of 2
designated Federal officials and 2 tribal representatives from each
BIA area. These representatives shall be selected by the Secretary
after considering a list of names of tribal leaders nominated and
elected by the tribes in each area. The list of nominees shall be
provided to the Secretary by October 31, 1997. If the tribes in an
area fail to submit a list of nominees to the Secretary by October
31, 1997, the Secretary shall select representatives after
consulting with the BIA. In determining the allocation of remaining
funds, the Task Force shall consider the recommendations and
principles contained in the 1994 Report. If the Task Force cannot
agree on a distribution by January 31, 1998, the Secretary shall
distribute the remaining funds based on the recommendations of a
majority of Task Force members no later than February 28, 1998. If
a majority recommendation cannot be reached, the Secretary in
exercising his discretion shall distribute the remaining funds
considering the recommendations of the Task Force members.

9bdb21d9943c03eca9885008b26a84d52f50aa67634dc7aab264c7d65181686f

Year 1997 (Public Law 104-208; 110 Stat. 3009-201) is amended--
(1) by striking ``Miners Hospital Grant'' each place it appears
and inserting in lieu thereof ``Miners Hospital Grants'';
(2) by striking ``(February 20, 1929, 45 Stat. 1252)'' each
place it appears and inserting in lieu thereof ``(July 16, 1894, 28
Stat. 110 and February 20, 1929, 45 Stat. 1252)''; and
(3) by striking ``(July 26, 1894, 28 Stat. 110)'' each place it
appears and inserting in lieu thereof ``(July 16, 1894, 28 Stat.
110)''.

aa30d047193cb9fb8ffc464bb1a0b80a98553d4b64eebb581c0cfc0460166c00

enactment of this section there is hereby vested in the United States
all right, title and interest in and to, and the right of immediate
possession of, all patented mining claims and valid unpatented mining
claims (including any unpatented claim whose validity is in dispute, so
long as such validity is later established in accordance with
applicable agency procedures) in the area known as the Kantishna Mining
District within Denali National Park and Preserve, for which all
current owners (or the bankruptcy trustee as provided hereafter) of
each such claim (for unpatented claims, ownership as identified in
recordations under the mining laws and regulations) consent to such
vesting in writing to the Secretary of the Interior within said 90-day
period: Provided, That in the case of a mining claim in the Kantishna
Mining District that is involved in a bankruptcy proceeding, where the
bankruptcy trustee is a holder of an interest in such mining claim,
such consent may only be provided and will be deemed timely for
purposes of this section if the trustee applies within said 90-day
period to the bankruptcy court or any other appropriate court for
authority to sell the entire mining claim and to consent to the vesting
of title to such claim in the United States pursuant to this section,
and that in such event title in the entire mining claim shall vest in
the United States 10 days after entry of an unstayed, final order or
judgment approving the trustee's application: Provided further, That
the United States shall pay just compensation to the aforesaid owners
of any valid claims to which title has vested in the United States
pursuant to this section, determined as of the date of taking: Provided
further, That payment shall be in the amount of a negotiated settlement
of the value of such claim or the valuation of such claim awarded by
judgment, and such payment, including any deposits in the registry of
the court, shall be made solely from the permanent judgment
appropriation established pursuant to section 1304 of title 31, United
States Code, and shall include accrued interest on the amount of the
agreed settlement value or the final judgment from the date of taking
to the date of payment, calculated in accordance with section 258a of
title 40, United States Code: Provided further, That the United States
or a claim owner or bankruptcy trustee may initiate proceedings after
said 90-day period, but no later than six years after the date of
enactment of this section, seeking a determination of just compensation
in the District Court for the District of Alaska pursuant to the
Declaration of Taking Act, sections 258a-e of title 40, United States
Code (except where inconsistent with this section), and joining all
owners of the claim: Provided further, That when any such suit is
instituted by the United States or the owner or bankruptcy trustee, the
United States shall deposit as soon as possible in the registry of the
court the estimated just compensation, in accordance with the
procedures generally described in section 258a of title 40, United
States Code, not otherwise inconsistent with this section: Provided
further, That in establishing any estimate for deposit in the court
registry (other than an estimate based on an agency approved appraisal
made prior to the date of enactment of this Act) the Secretary of the
Interior shall permit the claim owner to present information to the
Secretary on the value of the claim, including potential mineral value,
and the Secretary shall consider such information and permit the claim
owner to have a reasonable and sufficient opportunity to comment on
such estimate: Provided further, That the estimated just compensation
deposited in the court registry shall be paid forthwith to the
aforesaid owners upon application to the court: Provided further, That
any payment from the court registry to the aforesaid owners shall be
deducted from any negotiated settlement or award by judgment: Provided
further, That the United States may not request the court to withhold
any payment from the court registry for environmental remediation with
respect to such claim: Provided further, That the Secretary shall not
allow any unauthorized use of claims acquired pursuant to this section
after the date title vests in the United States pursuant to this
section, and the Secretary shall permit the orderly termination of all
operations on the lands and the removal of equipment, facilities, and
personal property by claim owners or bankruptcy trustee (as
appropriate).

60735c20c18661b5a7a4c2ad9adc799edd6adbdbd1ace310d1d8c8c8d947d722

is amended by striking ``at any time within 12 months of enactment of
this Act'' and inserting in lieu thereof ``on or before October 1,
1998'' and by inserting at the end of the section the following new
sentence: ``If such litigation is commenced, at the court trial, any
party may introduce any relevant evidence bearing on the interpretation
of the 1976 agreement.''.

e7ffddc1d8e57cd5b5f85ffddaf15fcd60abc6c71731fd7a033ced9a4935c913

Revenue Sharing Act (16 U.S.C. 715s) or any regulations implementing
such Act, the fair market value for the initial computation of the
payment to Kodiak Island Borough pursuant to such Act shall be based on
the purchase price of the parcels acquired from Akhiok-Kaguyak,
Incorporated, Koniag, Incorporated, and the Old Harbor Native
Corporation for addition to the Kodiak National Wildlife Refuge.
(b) Reappraisals.--The fair market value of the parcels described
in subsection (a) shall be reappraised by the Alaska Region of the
United States Fish and Wildlife Service under the Refuge Revenue
Sharing Act (16 U.S.C. 715s). Any such reappraisals shall be made in
accordance with such Act and any other applicable law and regulation,
and shall be effective for any payments made in fiscal year 1999.
(c) Effective Date.--The fair market value computation required
under subsection (a) shall be effective as of the date of the
acquisition of the parcels described is such subsection.

1dccc77cb5b43f88896e729e365aa1a997a5e9de8edb570bfe32d625ddfae1bd

18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)) is
amended--
(1) in paragraph (1), by striking ``class II gaming activity''
and inserting ``gaming operation that conducts a class II or class
III gaming activity''; and
(2) in paragraph (2)--
(A) in subparagraph (A)(i), by striking ``no less than 0.5
percent nor'' and inserting ``no'';
(B) in subparagraph (B), by striking ``$1,500,000'' and
inserting ``$8,000,000''; and
(C) nothing in subsection (a) of this section shall apply
to self-regulated tribes such as the Mississippi Band of
Choctaw.
(b) Authorization of Appropriations.--Section 19 of the Indian
Gaming Regulatory Act (25 U.S.C. 2718) is amended--
(1) in subsection (a), by striking ``such sums as may be
necessary'' and inserting ``for fiscal year 1998, and for each
fiscal year thereafter, an amount equal to the amount of funds
derived from the assessments authorized by section 18(a) for the
fiscal year immediately preceding the fiscal year involved,''; and
(2) by striking subsection (b) and inserting the following:
``(b) Notwithstanding section 18, there are authorized to be
appropriated to fund the operation of the Commission, $2,000,000 for
fiscal year 1998, and $2,000,000 for each fiscal year thereafter. The
amounts authorized to be appropriated in the preceding sentence shall
be in addition to the amounts authorized to be appropriated under
subsection (a).''.

0d077f1fafbe64705622fdcfb9aceab8a4358b516636a31d225648424255d517

(90 Stat. 1193, 1195) is amended--
(1) by striking ``priority for payment'' and inserting ``a
parity lien with every other issue of bonds or other obligations
issued for payment''; and
(2) by striking ``in the order of the date of issue''.
(b) Application.--The amendments made by subsection (a) shall apply
to obligations issued on or after the date of enactment of this
section.
(c) Short Term Borrowing.--Section 1 of Public Law 94-392 (90 Stat.
1193) is amended by adding the following new subsection at the end:
``(d) The legislature of the Government of the Virgin Islands may
cause to be issued notes in anticipation of the collection of the taxes
and revenues for the current fiscal year. Such notes shall mature and
be paid within one year from the date they are issued. No extension of
such notes shall be valid and no additional notes shall be issued under
this section until all notes issued during a preceding year shall have
been paid.''.

91fb4427885fe660195aebe1eb27f13d30b03abd266e901001c125a24c4bc07f

(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 \1/4\ 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.''.

efdb538c9c3d26afb9ded56b1b5fd10cff407a8ada7aa2b0d970cdb5a7a36582

the Arkansas Post National Memorial are revised to include the
approximately 360 acres of land generally depicted on the map entitled
``Arkansas Post National Memorial, Osotouy Unit, Arkansas County,
Arkansas'' and dated June 1993. Such map shall be on file and available
for public inspection in appropriate offices of the National Park
Service of the Department of the Interior.
(b) The Secretary of the Interior is authorized to acquire the
lands and interests therein described in subsection (a) by donation,
purchase with donated or appropriated funds, or exchange: Provided,
That such lands or interests therein may only be acquired with the
consent of the owner thereof.

78a07424a0be221cfb25aab7dc9baf822f27b4e2ae700cd98e84c425abaf4de1

authorized visitor services or facilities at, or originating from, the
public dock area at Bartlett Cove, the National Park Service shall
initiate a competitive process by which the National Park Service shall
allow one entry per day for a passenger ferry into Bartlett Cove from
Juneau: Provided, That any passenger ferry allowed entry pursuant to
this Act shall be subject to speed, distance from coast lines, and
other limitations imposed necessary to protect park resources: Provided
further, That nothing in this Act shall be construed as constituting
approval for entry into the waters of Glacier Bay National Park and
Preserve beyond the immediate Bartlett Cove area as defined by a line
extending northeastward from Point Carolus to the west to the
southernmost point of Lester Island, absent required permits.

ab7b14541a37ae666e6ea4ed902db8b1ba4e28c24cfab73749f020254e3ba0a6

under the heading ``Exploration of National Petroleum Reserve in
Alaska'' by striking ``(8) each lease shall be issued'' through the end
of the first paragraph and inserting in lieu thereof the following:
``(8) each lease shall be issued for an initial period of ten years,
and shall be extended for so long thereafter as oil or gas is produced
from the lease in paying quantities, or as drilling or reworking
operations, as approved by the Secretary, are conducted thereon; (9)
for purposes of conservation of the natural resources of any oil or gas
pool, field, or like area, or any part thereof, lessees thereof and
their representatives are authorized to unite with each other, or
jointly or separately with others, in collectively adopting and
operating under a unit agreement for such pool, field, or like area, or
any part thereof (whether or not any other part of said oil or gas
pool, field, or like area is already subject to any cooperative or unit
plan of development or operation), whenever determined by the Secretary
to be necessary or advisable in the public interest. Drilling,
production, and well reworking operations performed in accordance with
a unit agreement shall be deemed to be performed for the benefit of all
leases that are subject in whole or in part to such unit agreement.
When separate tracts cannot be independently developed and operated in
conformity with an established well spacing or development program, any
lease, or a portion thereof, may be pooled with other lands, whether or
not owned by the United States, under a communitization or drilling
agreement providing for an apportionment of production or royalties
among the separate tracts of land comprising the drilling or spacing
unit when determined by the Secretary of the Interior to be in the
public interest, and operations or production pursuant to such an
agreement shall be deemed to be operations or production as to each
such lease committed thereto; (10) to encourage the greatest ultimate
recovery of oil or gas or in the interest of conservation the Secretary
is authorized to waive, suspend, or reduce the rental, or minimum
royalty, or reduce the royalty on an entire leasehold, including on any
lease operated pursuant to a unit agreement, whenever in his judgment
the leases cannot be successfully operated under the terms provided
therein. The Secretary is authorized to direct or assent to the
suspension of operations and production on any lease or unit. In the
event the Secretary, in the interest of conservation, shall direct or
assent to the suspension of operations and production on any lease or
unit, any payment of acreage rental or minimum royalty prescribed by
such lease or unit likewise shall be suspended during the period of
suspension of operations and production, and the term of such lease
shall be extended by adding any such suspension period thereto; and
(11) all receipts from sales, rentals, bonuses, and royalties on leases
issued pursuant to this section shall be paid into the Treasury of the
United States: Provided, That 50 percent thereof shall be paid by the
Secretary of the Treasury semiannually, as soon thereafter as
practicable after March 30 and September 30 each year, to the State of
Alaska for: (A) planning; (B) construction, maintenance, and operation
of essential public facilities; and (C) other necessary provisions of
public service: Provided further, That in the allocation of such funds,
the State shall give priority to use by subdivisions of the State most
directly or severely impacted by development of oil and gas leased
under this Act.''.

f88fe1657e93e052127c360dec875e1b19c1ffa674118ca70b0c4e6775a0207e

Definitions.--For purposes of this section, the following definitions
shall apply:
(1) Class iii gaming.--The term ``class III gaming'' has the
meaning provided that term in section 4(8) of the Indian Gaming
Regulatory Act (25 U.S.C. 2703(8)).
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
provided that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450(e)).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Department of the Interior.
(4) Tribal-state compact.--The term ``Tribal-State compact''
means a Tribal-State compact referred to in section 11(d) of the
Indian Gaming Regulatory Act (25 U.S.C. 2710(d)).
(b) Class III Gaming Compacts.--
(1) In general.--
(A) Prohibition.--During fiscal year 1998, the Secretary
may not expend any funds made available under this Act to
review or approve any initial Tribal-State compact for class
III gaming entered into on or after the date of enactment of
this Act. This provision shall not apply to any Tribal-State
compact which has been approved by a State in accordance with
State law and the Indian Gaming Regulatory Act.
(B) Rule of construction.--Nothing in this paragraph may be
construed to prohibit the review or approval by the Secretary
of a renewal or revision of, or amendment to a Tribal-State
compact that is not covered under subparagraph (A).
(2) Tribal-state compacts.--During fiscal year 1998,
notwithstanding any other provision of law, no Tribal-State compact
for class III gaming shall be considered to have been approved by
the Secretary by reason of the failure of the Secretary to approve
or disapprove that compact. This provision shall not apply to any
Tribal-State compact which has been approved by a State in
accordance with State law and the Indian Gaming Regulatory Act.

df02fc1e7db25101af0883044bd68cb599bdc01dcc4c2c374e2076c3139b8251

sense of the Senate that the United States Department of Justice should
vigorously enforce the provisions of the Indian Gaming Regulatory Act
requiring an approved Tribal-State gaming compact prior to the
initiation of class III gaming on Indian lands.

5f630a8d23b7b1f07c5f0778819db83260554ed110c3af5d26fc909f86dd5974

expended for the promulgation of a proposed or final rule to amend or
replace the National Indian Gaming Commission's definition regulations
located at 25 CFR 502.7 and 502.8.

11c12187dde8cc3c7e6c339115a3088eeba7f9bf3082069f8554c3743c835287

United States Fish and Wildlife Service may disburse to local entities
impact funding pursuant to Refuge Revenue Sharing that is associated
with Federal real property transferred to the United States Geological
Survey from the United States Fish and Wildlife Service.

7ee398029b99940a50a3ccd40fe37a2c6e2b02ef8731464ddf20abcd0c06f1b1

Conveyance.--Not later than the date that is 120 days after the date of
enactment of this Act, the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, shall convey to Lander
County, Nevada, 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 (b), in the property described as
T. 32 N., R. 45 E., sec. 18, lots 3, 4, 11, 12, 16, 17, 18, 19, 20 and
21, Mount Diablo Meridian.
(b) Rights-of-way.--The property conveyed under subsection (a)
shall be subject to--
(1) the right-of-way for Interstate 80;
(2) the 33-foot wide right-of-way for access to the Indian
cemetery included under Public Law 90-71 (81 Stat. 173); and
(3) the following rights-of-way granted by the Secretary of the
Interior:
NEV-010937 (powerline).
NEV-066891 (powerline).
NEV-35345 (powerline).
N-7636 (powerline).
N-56088 (powerline).
N-57541 (fiber optic cable).
N-55974 (powerline).
(c) Requirement.--The property described in this section shall be
used for public purposes and should the property be sold or used for
other than public purposes, the property shall revert to the United
States.

cee9352d9cf7e2fd8b307d4208f1a2161d40dd4a006317dbfc9e563c5f4f00e2

Clark County, Nevada. (a) Findings.--Congress finds that--
(1) certain landowners who own property adjacent to land
managed by the Bureau of Land Management in the North Decatur
Boulevard area of Las Vegas, Nevada, bordering on North Las Vegas,
have been adversely affected by certain erroneous private land
surveys that the landowners believed were accurate;
(2) the landowners have occupied or improved their property in
good faith reliance on the erroneous surveys of the properties;
(3) the landowners believed that their entitlement to occupancy
was finally adjudicated by a Judgment and Decree entered by the
Eighth Judicial District Court of Nevada on October 26, 1989;
(4) errors in the private surveys were discovered in connection
with a dependent resurvey and section subdivision conducted by the
Bureau of Land Management in 1990, which established accurate
boundaries between certain federally owned properties and private
properties; and
(5) the Secretary has authority to sell, and it is appropriate
that the Secretary should sell, based on an appraisal of the fair
market value as of December 1, 1982, the properties described in
section 2(b) to the adversely affected landowners.
(b) Conveyance of Properties.--
(1) Purchase offers.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the city of Las Vegas, Nevada, on behalf
of the owners of real property located adjacent to the
properties described in paragraph (2), may submit to the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management (referred to in this Act as the
``Secretary''), a written offer to purchase the properties.
(B) Information to accompany offer.--An offer under
subparagraph (A) shall be accompanied by--
(i) a description of each property offered to be
purchased;
(ii) information relating to the claims of ownership of
the property based on an erroneous land survey; and
(iii) such other information as the Secretary may
require.
(2) Description of properties.--The properties described in
this paragraph, containing 37.36 acres, more or less, are--
(A) Government lots 22, 23, 26, and 27 in sec. 18, T. 19
S., R. 61 E., Mount Diablo Meridian;
(B) Government lots 20, 21, and 24 in sec. 19, T. 19 S., R.
61 E., Mount Diablo Meridian; and
(C) Those lands encroached upon in Government lot 1 in sec.
24, T. 19 S., R. 60 E., Mount Diablo Meridian, containing
approximately 8 acres.
(3) Conveyance.--
(A) In general.--Subject to the condition stated in
subparagraph (B), the Secretary shall convey subject to valid
existing rights to the city of Las Vegas, Nevada, all right,
title, and interest of the United States in and to the
properties offered to be purchased under paragraph (1) on
payment by the city of the fair market value of the properties,
based on an appraisal of the fair market value as of December
1, 1982, approved by the Secretary.
(B) Condition.--Properties shall be conveyed under
subparagraph (A) subject to the condition that the city convey
the properties to the landowners who were adversely affected by
reliance on erroneous surveys as described in subsection (a).

3e82257554847930e1870bab1d188b9ce3240dc7806ef747e1635a4bd245ec2a

Secretary of the Interior is directed to accept full title to
approximately 84 acres of land located in Prince Georges County,
Maryland, adjacent to Oxon Cove Park, and bordered generally by the
Potomac River, Interstate 295 and the Woodrow Wilson Bridge, and in
exchange therefor shall convey to the Corrections Corporation of
America all of the interest of the United States in approximately 42
acres of land located in Oxon Cove Park in the District of Columbia,
and bordered generally by Oxon Cove, Interstate 295 and the District of
Columbia Impound Lot.
(b) The Secretary shall not acquire any lands under this section if
the Secretary determines that the lands or any portion thereof have
become contaminated with hazardous substances (as defined in the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601)).
(c) Notwithstanding any other provision of law, the United States
shall have no responsibility or liability with respect to any hazardous
wastes or other substances placed on any of the lands covered by this
section after their transfer to any party, but nothing in this section
shall be construed as either diminishing or increasing any
responsibility or liability of the United States based on the condition
of such lands on the date of their transfer to the ownership of another
party: Provided, That the Corrections Corporation of America shall
indemnify the United States for liabilities arising under the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601) and the Resource Conservation Recovery Act (42 U.S.C.
9601 et seq.).
(d) The properties so exchanged shall be equal in fair market value
or if they are not approximately equal, the Corrections Corporation of
America shall equalize the values by the payment of cash to the
Secretary and any such payments shall be deposited to credit of
``Miscellaneous Trust Funds, National Park Service'' and shall be
available without further appropriation until expended for the
acquisition of land within the National Park System. No equalization
shall be required if the value of the property received by the
Secretary is more than that transferred by the Secretary.
(e) Costs of conducting necessary land surveys, preparing the legal
descriptions of the lands to be conveyed, appraisals, deeds, other
necessary documents, and administrative costs shall be borne by the
Corporation. The required appraisals shall be conducted in accordance
with 43 CFR 2201.3-1, 2201.3-3, and 2201.3-4.
(f) Following any exchange authorized by this provision, the
boundaries of the Park System of the Nation's Capital are hereby
amended to reflect the property added to and deleted from that System.

6145b908325aea46ec71681e1490fcbbf961e2080ec58616e99ebfce3bcbea6f

f41c6f14a56280e80b90fd3aa8eac11824fd5e723535f8adccc7d382cd704f0c

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.

54bb20f7c779c6a63f826c7eb96d1c857c57b618f3b7db77c9de1abdb665cda0

TITLE III

-GENERAL PROVISIONS

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.

7531cc1afb9786875a794963a4b3629cbf2d08ba2b441a3205c61ead1edce272

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.

34c2c2b378c195e6236724023130e7321efcfc98710072aa6818da4d02b92a4c

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

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.

025c162a383a5c8821780d10911e65a763189ad300110a1474cdf0407a837472

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.

318825a2071afaf7b6ff845debcf47fbc12e1c1a989d3295139716268d0b7680

made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in paragraph (1)
by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined by a
court or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available
in this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.

3ad3a25c71ac9b710ea6689b48df6c22f0708feaad1fc4f850f25dd704a008ef

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.

a76280d6025a46bafd20cddae0eddb87af41766505829a9dd09d2f20069cb1a4

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.

82dbb5803147632fc05847ce7b36b0812ebbe5dee02868d52068051a57afb2a3

actual costs of construction projects under self-determination
contracts, compacts, or grants, pursuant to Public Laws 93-638, 103-
413, or 100-297, are less than the estimated costs thereof, use of the
resulting excess funds shall be determined by the appropriate Secretary
after consultation with the tribes.

62e06f506ec72321f039e6c128577758abab48febeb5707451f24e1f62ef2ad6

funds to tribes and tribal organizations under annual funding
agreements pursuant to section 108 of Public Law 93-638, as amended,
beginning in fiscal year 1998 and therafter, may be made on the first
business day following the first day of a fiscal quarter.

e1acb256c89a9fec7266146dae5f8a298273874edbb4a92fcf11c49d0126cc9c

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, 1998, then none of the funds appropriated
or otherwise made available by this Act may be used for the AmeriCorps
programs.

907d00fbd0f23d89809df46bdabf765f771e097a1b7f8bb4464216c21aff1f2d

(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.

3ad9954b627fffb420a58fedeb0a6c4cd384a68dac9cb730d83854f7e9fd8987

or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
claims, as the case may be, were fully complied with by the applicant
by that date.
(c) Report.--On September 30, 1998, 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.

5fd35c881fa7aff2afd0d293270c8a7530a94612293cff43583ea78026ee165e

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.

9ff914d4d91805051033297a661be1dd2d07fdc5978105a7b4f422f701e372d7

on Federal Management.--None of the funds made available to the
Department of the Interior or the Department of Agriculture by this or
any other Act hereafter enacted may be used prior to December 1, 1998
to issue or implement final regulations, rules, or policies pursuant to
title VIII of the Alaska National Interest Lands Conservation Act to
assert jurisdiction, management, or control over the navigable waters
transferred to the State of Alaska pursuant to the Submerged Lands Act
of 1953 or the Alaska Statehood Act of 1959.
(b) Amendments to Alaska National Interest Lands Conservation
Act.--
(1) Amendment of anilca.--Except as otherwise expressly
provided, whenever in this subsection an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or
other provision, the reference shall be considered to be made to a
section or other provision of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.).
(2) Definitions.--Section 102(2) (16 U.S.C. 3102(2)) is amended
to read as follows:
``(2) The term `Federal land' means lands the title to which is
in the United States after December 2, 1980. `Federal land' does
not include lands the title to which is in the State, an Alaska
Native corporation, or other private ownership.''.
(3) Findings.--Section 801 (16 U.S.C. 3111) is amended--
(A) by inserting ``(a)'' immediately before ``The Congress
finds and declares''; and
(B) by inserting at the end the following new subsection:
``(b) The Congress finds and declares further that--
``(1) subsequent to the enactment of this Act in 1980, the
subsistence law of the State of Alaska (AS 16.05) accomplished the
goals of Congress and requirements of this Act in providing
subsistence use opportunities for rural residents of Alaska, both
Alaska Native and non-Alaska Native;
``(2) the Alaska subsistence law was challenged in Alaska
courts, and the rural preference requirement in the law was found
in 1989 by the Alaska Supreme Court in McDowell v. State of Alaska
(785 P.2d 1, 1989) to violate the Alaska Constitution;
``(3) since that time, repeated attempts to restore the
validity of the State law through an amendment to the Alaska
Constitution have failed, and the people of Alaska have not been
given the opportunity to vote on such an amendment;
``(4) in accordance with title VIII of this Act, the Secretary
of the Interior is required to manage fish and wildlife for
subsistence uses on all public lands in Alaska because of the
failure of State law to provide a rural preference;
``(5) the Ninth Circuit Court of Appeals determined in 1995 in
State of Alaska v. Babbitt (73 F.3d 698) that the subsistence
priority required on public lands under section 804 of this Act
applies to navigable waters in which the United States has reserved
water rights as identified by the Secretary of the Interior;
``(6) management of fish and wildlife resources by State
governments has proven successful in all 50 States, including
Alaska, and the State of Alaska should have the opportunity to
continue to manage such resources on all lands, including public
lands, in Alaska in accordance with this Act, as amended; and
``(7) it is necessary to amend portions of this Act to restore
the original intent of Congress to protect and provide for the
continued opportunity for subsistence uses on public lands for
Alaska Native and non-Alaska Native rural residents through the
management of the State of Alaska.''.
(4) Title viii definitions.--Section 803 (16 U.S.C. 3113) is
amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period and inserting a semicolon at the
end of paragraph (2); and
(C) by inserting at the end the following new paragraphs:
``(3) `customary and traditional uses' means the noncommercial,
long-term, and consistent taking of, use of, or reliance upon fish
and wildlife in a specific area and the patterns and practices of
taking or use of that fish and wildlife that have been established
over a reasonable period of time, taking into consideration the
availability of the fish and wildlife;
``(4) `customary trade' means, except for money sales of furs
and furbearers, the limited noncommercial exchange for money of
fish and wildlife or their parts in minimal quantities; and
``(5) `rural Alaska resident' means a resident of a rural
community or area. A `rural community or area' means a community or
area substantially dependent on fish and wildlife for nutritional
and other subsistence uses.''.
(5) Preference for subsistence uses.--Section 804 (16 U.S.C.
3114) is amended--
(A) by inserting ``(a)'' immediately before the first
sentence; and
(B) by inserting at the end the following new subsection:
``(b) The priority granted by this section is for a reasonable
opportunity to take fish and wildlife. For the purposes of this
subsection, the term `reasonable opportunity' means an opportunity,
consistent with customary and traditional uses (as defined in section
803(3)), to participate in a subsistence hunt or fishery with a
reasonable expectation of success, and does not mean a guarantee that
fish and wildlife will be taken.''.
(6) Local and regional participation.--Section 805 (16 U.S.C.
3115) is amended--
(A) in subsection (a) by striking ``one year after the date
of enactment of this Act,''; and
(B) by amending subsection (d) to read as follows:
``(d)(1) Upon certification by the Secretary that the State has
enacted and implemented laws of general applicability which are
consistent with, and which provide for the definition, preference, and
participation specified in sections 803, 804, and 805, the Secretary
shall not implement subsections (a), (b), and (c) of this section, and
the State may immediately assume management for the taking of fish and
wildlife on the public lands for subsistence uses pursuant to this
title. Upon assumption of such management by the State, the Secretary
shall not implement subsections (a), (b), and (c) of this section
unless a court of competent jurisdiction determines that such laws have
been repealed, modified, or implemented in a way that is inconsistent
with, or does not provide for, the definition, preference, and
participation specified in sections 803, 804, and 805, or that the
State has failed to cure any such inconsistency after such
determination. The State laws shall otherwise supercede such sections
insofar as such sections govern State responsibility pursuant to this
title for the taking of fish and wildlife on the public lands for
subsistence uses. The Secretary may bring a judicial action to enforce
this subsection.
``(2)(A) Laws establishing a system of local advisory committees
and regional advisory councils consistent with section 805 shall
provide that the State rulemaking authority shall consider the advice
and recommendations of the regional councils concerning the taking of
fish and wildlife populations on public lands within their respective
regions for subsistence uses. The regional councils may present
recommendations, and the evidence upon which such recommendations are
based, to the State rulemaking authority during the course of the
administrative proceedings of such authority. The State rulemaking
authority may choose not to follow any recommendation which it
determines is not supported by substantial evidence presented during
the course of its administrative proceedings, violates recognized
principles of fish and wildlife conservation or would be detrimental to
the satisfaction of rural subsistence needs. If a recommendation is not
adopted by the State rulemaking authority, such authority shall set
forth the factual basis and the reasons for its decision.
``(B) The members of each regional advisory council established
under this subsection shall be appointed by the Governor of Alaska.
Each council shall have ten members, four of whom shall be selected
from nominees who reside in the region submitted by tribal councils in
the region, and six of whom shall be selected from nominees submitted
by local governments and local advisory committees. Three of these six
shall be subsistence users who reside in the subsistence resource
region and three shall be sport or commercial users who may be
residents of any subsistence resource region. Regional council members
shall have staggered terms of three years in length, with no limit on
the number of terms a member may serve. A quorum shall be a majority of
the members of the council.''.
(7) Judicial enforcement.--Section 807 (16 U.S.C. 3117) is
amended by inserting the following as subsection (b):
``(b) State agency actions may be declared invalid by the court
only if they are arbitrary, capricious, or an abuse of discretion, or
otherwise not in accordance with law. When reviewing any action within
the specialized knowledge of a State agency, the court shall give the
decision of the State agency the same deference it would give the same
decision of a comparable Federal agency.''.
(8) Regulations.--Section 814 (16 U.S.C. 3124) is amended--
(A) by inserting ``, and the State at any time the State
has complied with section 805(d)'' after ``Secretary''; and
(B) by adding at the end the following new sentence:
``During any time that the State has complied with section
805(d), the Secretary shall not make or enforce regulations
implementing section 805(a), (b), or (c).''.
(9) Limitations, savings clauses.--Section 815 (16 U.S.C. 3125)
is amended--
(A) by striking ``or'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting in lieu thereof a semicolon and ``or''; and
(C) by inserting at the end the following new paragraph:
``(5) prohibiting the Secretary or the State from entering into
co-management agreements with Alaska Native organizations or other
local or regional entities when such organization or entity is managing
fish and wildlife on public lands in Alaska for subsistence uses.''.
(c) Savings Clause.--No provision of this section, amendment made
by this section, or exercise of authority pursuant to this section may
be construed to validate, invalidate, or in any way affect--
(1) any assertion that an Alaska Native organization (including
a federally recognized tribe, traditional Alaska Native council, or
Alaska Native council organized pursuant to the Act of June 18,
1934 (25 U.S.C. 461 et seq.), as amended) has or does not have
governmental authority over lands (including management of, or
regulation of the taking of, fish and wildlife) or persons within
the boundaries of the State of Alaska;
(2) any assertion that Indian country, as defined in section
1151 of title 18, United States Code, exists or does not exist
within the boundaries of the State of Alaska;
(3) any assertion that the Alaska National Interest Lands
Conservation Act, as amended (16 U.S.C. 3101 et seq.) is or is not
Indian law; or
(4) the authority of the Secretary of the Interior under
section 1314(c) of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3202(c)).
(d) Effective Date.--Unless and until laws are adopted in the State
of Alaska which provide for the definition, preference, and
participation specified in sections 803, 804, and 805 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), the
amendments made by subsection (b) of this section shall be effective
only for the purposes of determining whether the State's laws provide
for such definition, preference, and participation. The Secretary shall
certify before December 1, 1998 if such laws have been adopted in the
State of Alaska. Subsection (b) shall be repealed on such date if such
laws have not been adopted.

0b29d9fc6954750df96c4d7d2a8bb1df8a9d1c10155e988253432908596e8b81

104-333 is amended by striking the following: ``For technical
assistance pursuant to section 908, not more than $50,000 annually.''.

283e4cd3e2ed42d8f46a0f66f0677fbaddf2b3719b9cf5b8465500cf5ada3c70

be expended or obligated to fund the activities of the western director
and special assistant to the Secretary within the Office of the
Secretary of Agriculture that exceeds the funding provided for these
activities from this Act during fiscal year 1997.

6df55e971c273bf69e2ff09fd91892d1b0b4239593dfb25c5f86b3b1b2ad1c05

year 1998 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.

01ad639a918f501ad5500714cfed4c506e88c63ad1bf30534f05b37d5a3d9726

follows: Under the heading ``TITLE III--GENERAL PROVISIONS'' amend
section 315(c)(1) by striking subparagraphs (A) and (B) and inserting:
``(A) Eighty percent to a special account in the Treasury for
use without further appropriation, by the agency which administers
the site, to remain available for expenditure in accordance with
paragraph (2)(A).
``(B) Twenty percent to a special account in the Treasury for
use without further appropriation, by the agency which administers
the site, to remain available for expenditure in accordance with
paragraph (2)(B).''.
(b) Subparagraph (C) of section 315(c)(1) is amended by inserting
``and the National Park Service'' after ``the Fish and Wildlife
Service''.

228e2599d551a6f3cd5462dfc55ec8d6714596329e8a50628ab5385bb65c9b18

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.

b9d1f8df87f395d87ea16ae418f2eb4b23ad71df7c683974a29d175047a5827f

1606a(d)(1)) is amended by inserting before the semicolon the
following: ``and other forest stand improvement activities to enhance
forest health and reduce hazardous fuel loads of forest stands in the
National Forest System''.

92dcfb82baf92433e14ba3296d5a4354339b6ce066560d45c8d4283c660477a5

the making of any decision related to the final Environmental Impact
Statements (hereinafter ``final EISs'') associated with the Interior
Columbia Basin Ecosystem Project (hereinafter the ``Project''), the
Secretary of Agriculture and the Secretary of the Interior shall
prepare and submit to the Committees on Appropriations of the Senate
and the House of Representatives a report that shall include:
(1) a detailed description of any and all land and resource
management planning and policy or project decisions to be made, by
type and by the level of official responsible, and the procedures
for such decisions to be undertaken, by the Forest Service, Bureau
of Land Management, and Fish and Wildlife Service pursuant to the
National Forest Management Act, Federal Land Policy and Management
Act, Endangered Species Act, National Environmental Policy Act and
any other applicable law in order to authorize and implement
actions affecting the environment on Federal lands within the
jurisdiction of either Secretary in the Project area that are
consistent with the final EISs;
(2) a detailed estimation of the time and cost (for all
participating Federal agencies) to accomplish each decision
described in paragraph (1), from the date of initiation of
preparations for, to the date of publication or announcement of,
the decision, including a detailed statement of the source of funds
for each such decision and any reprogramming in fiscal year 1998;
(3) estimated production of goods and services from each unit
of the Federal lands for the first 5 years during the course of the
decision making described in paragraph (1) beginning with the date
of publication of the applicable final EIS; and
(4) if the requirements described in paragraphs (1) through (3)
cannot be accomplished within the appropriations provided in this
Act, adjusted only for inflation, in subsequent fiscal years and
without any reprogramming of such appropriations, provide a
detailed description of the decision making process that will be
used to establish priorities in accordance with such
appropriations.
(b) Using all research information available from the area
encompassed by the Project, the Secretaries, to the extent practicable,
shall analyze the economic and social conditions, and culture and
customs, of the communities at the sub-basin level within the Project
area and the impacts the alternatives in the draft EISs will have on
those communities. This analysis shall be published on a schedule that
will allow a reasonable period of time for public comment thereon prior
to the close of the comment periods on the draft EISs. The analysis,
together with the response of the Secretaries to the public comment,
shall be incorporated in the final EISs and, subject to subsection (a),
subsequent decisions related thereto.
(c) Nothing in this section shall be construed as altering or
affecting in any manner any provision of applicable land or resource
management plans, PACFISH, INFISH, Eastside screens, and other policies
adopted by the Forest Service or Bureau of Land Management prior to the
date of enactment of this Act to protect wildlife, watershed, riparian,
and other resources of the Federal lands.

d3606a1a2a6440a3947c9b763581374162a4ad090786a96cd1e0b4803a934897

hereafter, the Heritage Area established under section 904 of title IX
of division II of Public Law 104-333 shall include any portion of a
city, town, or village within an area specified in section 904(b)(2) of
that Act only to the extent that the government of the city, town, or
village, in a resolution of the governing board or council, agrees to
be included and submits the resolution to the Secretary of the Interior
and the management entities for the Heritage Area and to the extent
such resolution is not subsequently revoked in the same manner.

3181a34229f42017ff82d06077d62a38da2faa43ad622b3b1ec3fb728292b973

except as provided in this section, the Aleutian/Pribilof Islands
Association, Inc., Bristol Bay Area Health Corporation, Chugachmiut,
Copper River Native Association, Kodiak Area Native Area Association,
Maniilaq Association, Metlakatla Indian Community, Arctic Slope Native
Association, Ltd., Norton Sound Health Corporation, Southcentral
Foundation, Southeast Alaska Regional Health Consortium, Tanana Chiefs
Conference, Inc., and Yukon-Kuskokwim Health Corporation (hereinafter
``regional health entities''), without further resolutions from the
Regional Corporations, Village Corporations, Indian Reorganization Act
Councils, tribes and/or villages which they represent are authorized to
form a consortium (hereinafter ``the Consortium'') to enter into
contracts, compacts, or funding agreements under Public Law 93-638 (25
U.S.C. 450 et seq.), as amended, to provide all statewide health
services provided by the Indian Health Service of the Department of
Health and Human Services through the Alaska Native Medical Center and
the Alaska Area Office. Each specified ``regional health entity'' shall
maintain that status for purposes of participating in the Consortium
only so long as it operates a regional health program for the Indian
Health Service under Public Law 93-638 (25 U.S.C. 450 et seq.), as
amended.
(b) The Consortium shall be governed by a 15-member Board of
Directors, which shall be composed of one representative of each
regional health entity listed in subsection (a) above, and two
additional persons who shall represent Indian tribes, as defined in 25
U.S.C. 450b(e), and sub-regional tribal organizations which operate
health programs not affiliated with the regional health entities listed
above and Indian tribes not receiving health services from any tribal,
regional or sub-regional health provider. Each member of the Board of
Directors shall be entitled to cast one vote. Decisions of the Board of
Directors shall be made by consensus whenever possible, and by majority
vote in the event that no consensus can be reached. The Board of
Directors shall establish at its first meeting its rules of procedure,
which shall be published and made available to all members.
(c) The statewide health services (including any programs,
functions, services and activities provided as part of such services)
of the Alaska Native Medical Center and the Alaska Area Office may only
be provided by the Consortium. Statewide health services for purposes
of this section shall consist of all programs, functions, services, and
activities provided by or through the Alaska Native Medical Center and
the Alaska Area Office, not under contract or other funding agreement
with any other tribe or tribal organization as of October 1, 1997,
except as provided in subsection (d) below. All statewide health
services provided by the Consortium under this section shall be
provided pursuant to contracts or funding agreements entered into by
the Consortium under Public Law 93-638 (25 U.S.C. 450 et seq.), as
amended, and for such purpose the Consortium shall be deemed to have
mature contract status as defined in section 4(h) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(h)).
(d) Cook Inlet Region, Inc., through Southcentral Foundation (or
any successor health care entity designated by Cook Inlet Region, Inc.)
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.), as amended, is
hereby authorized to enter into contracts or funding agreements under
such Public Law for all services provided at or through the Alaska
Native Primary Care Center or other satellite clinics in Anchorage or
the Matanuska-Susitna Valley without submission of any further
authorizing resolutions from any other Alaska Native Region, village
corporation, Indian Reorganization Act council, or tribe, no matter
where located. Services provided under this paragraph shall, at a
minimum, maintain the level of statewide and Anchorage Service Unit
services provided at the Alaska Native Primary Care Center as of
October 1, 1997, including necessary related services performed at the
Alaska Native Medical Center. In addition, Cook Inlet Region, Inc.,
through Southcentral Foundation, or any lawfully designated health care
entity of Cook Inlet Region, Inc., shall contract or enter into a
funding agreement under Public Law 93-638 (25 U.S.C. 450 et seq.), as
amended, for all primary care services provided by the Alaska Native
Medical Center, including, but not limited to, family medicine, primary
care internal medicine, pediatrics, obstetrics and gynecology, physical
therapy, psychiatry, emergency services, public health nursing, health
education, optometry, dentistry, audiology, social services, pharmacy,
radiology, laboratory and biomedical, and the administrative support
for these programs, functions, services and activities. Cook Inlet
Region, Inc., through Southcentral Foundation, or any lawfully
designated health care entity of Cook Inlet Region, Inc., may provide
additional health care services at the Alaska Native Medical Center if
such use and services are provided pursuant to an agreement with the
Consortium. All services covered by this subsection shall be provided
on a nondiscriminatory basis without regard to residency within the
Municipality of Anchorage.

33570bc388460fca08bbef776842f4c0570874b8d23057b94afc4c732af58432

September 30, 1997 the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.), with any Alaska Native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into prior to
August 27, 1997, or to prohibit the renewal of any such agreement.
(c) The General Accounting Office shall conduct a study of the
impact of contracting and compacting by the Indian Health Service under
Public Law 93-638 with Alaska Native villages and Alaska Native village
corporations for the provision of health care services by Alaska Native
regional corporation health care entities. The General Accounting
Office shall submit the results of that study to the Committee on
Appropriations of the Senate and the Committee on Appropriations of the
House of Representatives by June 1, 1998.
(d) Section 1004 of the Coast Guard Authorization Act of 1996
(Public Law 104-324; 110 Stat. 3956) is amended--
(1) in subsection (a) by striking ``for use as a health or
social services facility'' and inserting ``for sale or use other
than for a facility for the provision of health programs funded by
the Indian Health Service (not including any such programs operated
by Ketchikan Indian Corporation prior to 1993)''; and
(2) by striking subsection (c).

747d46ad08b41057a1be4ae31f279bc55e86257aec3164cdd6aa317755250ce4

to require any person to vacate real property where a term is expiring
under a use and occupancy reservation in Sleeping Bear Dunes National
Lakeshore until such time as the National Park Service (NPS) indicates
to the appropriate congressional committees and the holders of these
reservations that it has sufficient funds to remove the residence on
that property within 90 days of that residence being vacated. The NPS
will provide at least 90 days notice to the holders of expired
reservations to allow them time to leave the residence. The NPS will
charge fair market value rental rates while any occupancy continues
beyond an expired reservation. Reservation holders who stay beyond the
expiration date will also be required to pay for appraisals to
determine current fair market value rental rates, any rehabilitation
needed to ensure suitability for occupancy, appropriate insurance, and
all continuing utility costs.
Sec. 327A. (a) None of the funds made available in this Act or any
other Act providing appropriations for the Department of the Interior,
the Forest Service or the Smithsonian Institution may be used to submit
nominations for the designation of Biosphere Reserves pursuant to the
Man and Biosphere program administered by the United Nations
Educational, Scientific, and Cultural Organization.
(b) The provisions of this section shall be repealed upon enactment
of subsequent legislation specifically authorizing United States
participation in the Man and Biosphere program.

1b34f662ca6977a8748b8085d9620b8c38d4bf7fe544d9353773b88c1254615a

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.

3b4c05cd7f1427f9696221375584e9568b66186f592b052b28cde1d7dcdb8262

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.

1d013cf62a3f12191339e032417b97838fe7c06d021640c4ef3846f40100be4e

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.

4a76c1f0307f8f340dba396a6c459810dcd901e8fee1c29f092be4d1f5fccee2

Interior and Agriculture may make reciprocal delegations of their
respective authorities, duties and responsibilities in support of joint
pilot programs to promote customer service and efficiency in the
management of public lands and national forests: Provided, That nothing
herein shall alter, expand or limit the existing applicability of any
public law or regulation to lands administered by the Bureau of Land
Management or the Forest Service.

6528d3b72b7363a7beb927e08e6ba9d2cf5c9c2fe5d5a74769a181673619a28d

be expended or obligated to fund new revisions of national forest land
management plans until new final or interim final rules for forest land
management planning are published in the Federal Register. Those
national forests which are currently in a revision process, having
formally published a Notice of Intent to revise prior to October 1,
1997, or having been court-ordered to revise, are exempt from this
section and may utilize funds in this Act and proceed to complete the
forest plan revision in accordance with current forest planning
regulations.

109b04ecef2f1c32df11dd1adc69481c800f0a438752975551846c956eb05b0c

be expended or obligated to complete and issue the five-year program
under the Forest and Rangeland Renewable Resources Planning Act.

341d52660627ccd1864b65c45801446007cc876447baa9bb9363b7a01474f611

For fiscal year 1998, appropriations for the Forest Service may be used
by the Secretary of Agriculture for the purpose of entering into
cooperative agreements with willing State and local governments,
private and nonprofit entities and landowners for protection,
restoration and enhancement of fish and wildlife habitat, and other
resources on public or private land 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;
(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.

c69dba5a40690c9d7349c8ba1414790390658c0be8e77b1bdd479f9a4552709c

establish a commission to formulate plans for a memorial to Franklin
Delano Roosevelt'', approved August 11, 1955 (69 Stat. 694), is
amended--
(1) in the first section by inserting before the last sentence
the following: ``The Commission shall submit a final report to the
President and Congress prior to termination.'';
(2) by redesignating section 4 as section 5; and
(3) by inserting after section 3 the following:
``termination of the commission
``Sec. 4. (a) In General.--The Commission shall terminate on the
earlier of--
``(1) December 31, 1997; or
``(2) the date that the Commission reports to the President and
the Congress that the Commission's work is complete.
``(b) Commission Funds.--
``(1) Designation.--Before the termination of the Commission,
the Commission shall designate a nonprofit organization to collect,
manage, and expend Commission funds after its termination.
``(2) Transfer of funds.--Before termination the Commission
shall transfer all Commission funds to the entity designated under
paragraph (1).
``(3) Amounts collected after termination.--The entity
designated under paragraph (1) shall have the right to collect any
amounts accruing to the Commission after the Commission's
termination, including amounts--
``(A) given to the Commission as a gift or bequest; or
``(B) raised from the sale of coins issued under the United
States Commemorative Coin Act of 1996 (110 Stat. 4005; 31
U.S.C. 5112 note).
``(4) Uses of funds.--The Commission may specify uses for any
funds made available under this section to the entity designated
under paragraph (1), including--
``(A) to provide for the support, maintenance, and repair
of the Memorial; and
``(B) to interpret and educate the public about the
Memorial.
``(5) Negotiation and contract.--The Commission may negotiate
and contract with a nonprofit organization before designating the
organization under paragraph (1).''.

48bdd7523545195450ddc6eb3f8776b0dd9b95a3f0911b235f8e5c7bf1587ffb

United States will receive land within the White Salmon Wild and Scenic
River boundaries and within the Columbia River Gorge National Scenic
Area, the Secretary of Agriculture may, until September 30, 2000,
accept title to such lands deemed appropriate by the Secretary within
the States of Oregon and Washington, regardless of the State in which
the transferred lands are located, following existing exchange
authorities.

09e93f846d477282466cea9b2009039b59052bd536ee21abef7515ea4855ab55

County, Washington, is hereby adjusted to exclude section 1 of Township
23 North, Range 19 East, Willamette Meridian.

9cf9dc7d76e598421c98b43ceb009bc8436d747b3aa694f7fc0efb6c4b116685

any activities associated with the Center of Excellence for Sustainable
Development unless a budget request has been submitted and approved by
the Committees on Appropriations of the House of Representatives and
the Senate.

d0b0c18e092fad9e8ef357a25f801328dc23d1361659f83879ddd0b522b6e9ec

expended to develop a rulemaking proposal to amend or replace the
Bureau of Land Management regulations found at 43 CFR 3809 or to
prepare a draft environmental impact statement on such proposal, until
the Secretary of the Interior certifies to the Committees on Energy and
Natural Resources and Appropriations of the Senate and the Committees
on Resources and Appropriations of the House of Representatives that
the Department of the Interior has consulted with the Governor, or his/
her representative, from each State that contains public lands open to
location under the General Mining Laws.
(b) The Secretary shall not publish proposed regulations to amend
or replace the Bureau of Land Management regulations found at 43 CFR
3809 prior to November 15, 1998, and shall not finalize such
regulations prior to 90 days after such publication.

c08ddffb4ce79df94a20666ded9a87daa5a73f7083146742bd0afd67a583fda6

directed to negotiate with Skamania County for the exchange of lands or
interests in lands constituting the Wind River Nursery Site within the
Gifford Pinchot National Forest, Washington.
(b) In return for the Nursery Site properties, Skamania County is
authorized and directed to negotiate with the Forest Service the
conveyance of approximately 120 acres of high biodiversity, special
management lands located near Table Mountain within the Columbia River
Gorge National Scenic Area, title to which must be acceptable to the
Secretary of Agriculture.
(c) Before this exchange can occur, it must be of equal value and
the Secretary and the Skamania County Board of Commissioners must agree
on the exact parcels of land to be included in the exchange. An
agreement signed by the Secretary of Agriculture and the Skamania
County Board of Commissioners describing the properties involved and a
certification that the exchange is of equal value must be completed no
later than September 30, 1999.
(d) During this two-year negotiating period, the Wind River Nursery
property shall not be conveyed to another party. The Forest Service
shall maintain the site in a tenantable condition.
(e) Except as provided herein, the exchange shall be for equal
value in accordance with land exchange authorities applicable to the
National Forest System.
(f) The Secretary is directed to equalize values by not only cash
and exchange of lands, easements, reservations, and other interests in
lands, but also by full value credit for such services as Skamania
County provides to the Gifford Pinchot and Columbia River Gorge
National Scenic Area and as the Secretary and Skamania County deem
appropriate. The Secretary may accept services in lieu of cash when the
Secretary can discern cash value for the services and when the
Secretary determines such services would provide direct benefits to
lands and resources and users of such lands and resources under the
jurisdiction of the Secretary.
(g) Any cash equalization which Skamania County elects to make may
be made up to 50 percent of the fair market value of the Federal
property, and such cash equalization may be made in installments over a
period not to exceed 25 years. Payments received as partial
consideration shall be deposited into the fund in the Treasury
established under the Act of December 4, 1967, commonly known as the
Sisk Act, and shall be available for expenditure as provided in the Act
except that the Secretary may not use those funds to purchase lands
within Skamania County.
(h) In defining the Federal estate to be conveyed, the Secretary
may require such additional terms and conditions as deemed necessary in
connection with assuring equal value and public interest considerations
in this exchange including, but not limited to, continued research use
of the Wind River Experimental Forest and protection of natural,
cultural, and historic resources, existing administrative sites, and a
scenic corridor for the Pacific Crest National Scenic Trail.
(i) This authorization is predicated on Skamania County's Board of
Commissioners commitment to give foremost consideration to preservation
of the overall integrity of the site and conservation of the
educational and research potential of the site, including providing for
access to and assurance of the continued administration and operation
of forestry research on the adjacent Thornton Munger Research Natural
Area.
(j) The Secretary is further directed to cooperate with Skamania
County to address applicable Federal and State environmental laws.
(k) Notwithstanding the processes involved with the National
Environmental Policy Act and the State Environmental Policy Act, should
the Secretary of Agriculture and the Skamania County Board of
Commissioners fail to reach an agreement on an equal value exchange
defined under the terms of this legislation by September 30, 1999, the
Wind River Nursery Site shall remain under Forest Service ownership and
be maintained by the Forest Service in a tenantable condition.

1fec31f3b052c0cc801f2784e77b8abc0f3443c45de1c03c90a1aa4aaf70d231

Counties, Iowa, authorized in Public Law 101-302 shall be referred to
in any law, regulation, document or record of the United States in
which such project is referred to, as the Neal Smith National Wildlife
Refuge.

768c7443820940099c91b8fed0b029dc81a5e24a8737fad5449456aac9b35642

expended by the Department of the Interior, the Forest Service or any
other Federal agency, for the introduction of the grizzly bear
population in the Selway-Bitteroot area of Idaho and adjacent Montana,
or for consultations under section 7(b)(2) of the Endangered Species
Act for Federal actions affecting grizzly bear within the Selway-
Bitteroot area of Idaho, except that, funds may be used by the
Department of the Interior or the Forest Service, or any other Federal
agency for the purposes of receiving public comment on the draft
Environmental Impact Statement dated July 1997 and issuing a Record of
Decision, and for conducting a habitat-based population viability
analysis.

a1c8429cb7c628841df43cfe9ef9233e50f9b16afd67d0bfca72f45e2cc1f7a0

over a 3-year period in equal annual installments, that portion of the
fee increase for a recreation residence special use permit holder which
is more than 100 percent of the previous year's fee: Provided, That no
recreation residence fee may be increased any sooner than one year from
the time the permittee has been notified by the Forest Service of the
results of an appraisal which has been conducted for the purpose of
establishing such fees: Provided further, That no increases in
recreation residence fees on the Sawtooth National Forest will be
implemented prior to January 1, 1999.

e8e98d4338e02bb3536e67431b3dff2408c374266a3ba2f1dd57cfff994b4a5a

(1) preserving Civil War battlefields should be an integral
part of preserving our Nation's history; and
(2) Congress should give special priority to the preservation
of Civil War battlefields by making funds available for the
purchase of threatened and endangered Civil War battlefield sites.

81b7622e92c7eaacc6d5729096c46c791d8a6718b8f02276d7253b0ea16840f0

disagreement as to what extent, if any, Federal funding for the arts is
appropriate, and what modifications to the mechanism for such funding
may be necessary; and further, inasmuch as there is a role for the
private sector to supplement the Federal, State, and local partnership
in support of the arts, hearings should be conducted and legislation
addressing these issues should be brought before the full Senate for
debate and passage during this Congress.

5a6dfe8be823dc06bf3f2aefe1ea215f66ff214b18ccf34a84096de18b158dbf

assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals who have historically been outside the purview of arts
and humanities programs due to factors such as a high incidence of
income below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1); and
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act.
(e) Section 6(b) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 955(b)) is amended to read as
follows:
``(b) Appointment and Composition of Council.--(1) The Council
shall be composed of members as follows:
``(A) The Chairperson of the National Endowment for the Arts,
who shall be the chairperson of the Council.
``(B) Members of Congress appointed for a 2-year term beginning
on January 1 of each odd-numbered year as follows:
``(i) Two Members of the House of Representatives appointed
by the Speaker of the House of Representatives.
``(ii) One Member of the House of Representatives appointed
by the Minority Leader of the House of Representatives.
``(iii) One Senator appointed by the Majority Leader of the
Senate.
``(iv) One Senator appointed by the Minority Leader of the
Senate.
Members of the Council appointed under this subparagraph shall
serve ex officio and shall be nonvoting members of the Council.
``(C) 14 members appointed by the President, by and with the
advice and consent of the Senate, who shall be selected--
``(i) from among private citizens of the United States
who--
``(I) are widely recognized for their broad knowledge
of, or expertise in, or for their profound interest in the
arts; and
``(II) have established records of distinguished
service, or achieved eminence, in the arts;
``(ii) so as to include practicing artists, civic cultural
leaders, members of the museum profession, and others who are
professionally engaged in the arts; and
``(iii) so as collectively to provide an appropriate
distribution of membership among major art fields and
interested citizens groups.
In making such appointments, the President shall give due regard to
equitable representation of women, minorities, and individuals with
disabilities who are involved in the arts and shall make such
appointments so as to represent equitably all geographical areas in the
United States.
``(2) Transition to the new council composition.--
``(A) Notwithstanding subsection (b)(1)(B), members first
appointed pursuant to such subsection shall be appointed not later
than December 31, 1997. Notwithstanding such subsection, such
members shall be appointed to serve until December 31, 1998.
``(B) Members of the Council serving on the effective date of
this subsection may continue to serve on the Council until their
current terms expire and new members shall not be appointed under
subsection (b)(1)(C) until the number of Presidentially appointed
members is less than 14.''.
(f) Section 6(c) of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 955(c)) is amended--
(1) by inserting ``appointed under subsection (b)(1)(C)'' after
``member'' each place it appears; and
(2) in the second sentence by inserting ``appointed under
subsection (b)(1)(C)'' after ``members''.

481cda06d6c07a5db19ac45130091ff2f185f155530af97a53890eb7b8c812a7

when using domestic Alaska western red cedar selling values and
manufacturing costs, fails to provide at least 60 percent of normal
profit and risk of the appraised timber, except at the written request
by a prospective bidder. Program accomplishments shall be based on
volume sold. Should Region 10 sell, in fiscal year 1998, the annual
average portion of the decadal allowable sale quantity called for in
the current Tongass Land Management Plan which provides greater than 60
percent of normal profit and risk at the time of the sale
advertisement, all of the western red cedar timber from those sales
which is surplus to the needs of domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48 States at
domestic rates. Should Region 10 sell, in fiscal year 1998, less than
the annual average portion of the decadal allowable sale quantity
called for in the current Tongass Land Management Plan meeting the 60
percent of the normal profit and risk standard at the time of
advertisement, the volume of western red cedar available to domestic
processors at domestic rates in the contiguous 48 States shall be that
volume: (1) which is surplus to the needs of domestic processors in
Alaska; and (2) is that percent of the surplus western red cedar volume
determined by calculating the ratio of the total timber volume which
has been sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan. All additional western red cedar volume not sold to
Alaska or contiguous 48 States domestic processors may be exported and
sold at export rates at the election of the timber sale holder. All
Alaska yellow cedar may be sold at export rates at the election of the
timber sale holder.

5b77c5346f544a18b5691bd512d784f1fbf9097ea208b914c684d56f83b64b05

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.

2e36e32488bae8a15b157f54f96e547beb03c84cadf307956ab60fbbdcbedfb8

Arizona and New Mexico.--(a) Notwithstanding any other provision of
law, none of the funds made available under this or any other Act may
be used for the purposes of executing any adjustments to annual
operating plans, allotment management plans, or terms and conditions of
existing grazing permits on National Forests in Arizona and New Mexico,
which are or may be deemed necessary to achieve compliance with 1996
amendments to the applicable forest plans, until March 1, 1998, or such
time as the Forest Service publishes a schedule for implementing
proposed changes, whichever occurs first.
(b) Nothing in this section shall be interpreted to preclude the
expenditure of funds for the development of annual operating plans,
allotment management plans, or in developing modifications to grazing
permits in cooperation with the permittee.
(c) Nothing in this section shall be interpreted to change
authority or preclude the expenditure of funds pursuant to section 504
of the 1995 Rescissions Act (Public Law 104-19).

576963b105eda8905fa9e418444763f9057f1b68ab8b92e3291445469ad0b9e5

title 31, United States Code, is amended by inserting ``(other than in
Alaska)'' after ``city'' the first place such term appears.

cb270f5f804f6bd3b7167468447d8c7a1b1a769efa50fa2a6a781e02344bb021

the following:
``(7) Staff.--Notwithstanding any other provisions of law, the
Trust is authorized to appoint and fix the compensation and duties
and terminate the services of an executive director and such other
officers and employees as it deems necessary without regard to the
provisions of title 5, United States Code, or other laws related to
the appointment, compensation or termination of Federal
employees.''.

68d88f3f4282c099d3bcb056c2f21edbd66fb64b969dc4a048dc92db6fdbda79

Court to the United States in the case of United States of America v.
State of Alaska (117 S.Ct. 1888) shall be deposited in a fund in the
Treasury of the United States to be known as the ``Environmental
Improvement and Restoration Fund'' (referred to in this section as the
``Fund'').
(b) Investments.--
(1) In general.--The Secretary of the Treasury shall invest
amounts in the Fund in interest bearing obligations of the United
States.
(2) Acquisition of obligations.--For the purpose of investments
under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(3) Sale of obligations.--Any obligations acquired by the Fund
may be sold by the Secretary of the Treasury at the market price.
(4) Credits to fund.--The interest earned from investments of
the Fund shall be covered into and form a part of the Fund.
(c) Transfer and Availability of Amounts Earned.--Each year,
interest earned and covered into the Fund in the previous fiscal year
shall be available for appropriation, to the extent provided in the
subsequent appropriations Acts, as follows:
(1) 80 percent of such amounts shall be made available to be
equally divided among the Directors of the National Park Service,
the United States Fish and Wildlife Service, the Bureau of Land
Management, and the Chief of the Forest Service for high priority
deferred maintenance and modernization of facilities that directly
enhance the experience of visitors, including natural, cultural,
recreational, and historic resources protection projects in
National Parks, National Wildlife Refuges, and the public lands
respectively as provided in subsection (d) and for payment to the
State of Louisiana and its lessees for oil and gas drainage in the
West Delta field. The Secretary shall submit with the annual budget
submission to Congress a list of high priority maintenance and
modernization projects for congressional consideration.
(2) 20 percent of such amounts shall be made available to the
Secretary of Commerce for the purpose of carrying out marine
research activities in the North Pacific in accordance with
subsection (e).
(d) Projects.--A project referred to in subsection (c)(1) shall be
consistent with the laws governing the National Park System, the
National Wildlife Refuge System, the public lands and Forest Service
lands and management plan for such unit.
(e) Marine Research Activities.--(1) Funds available under
subsection (c)(2) shall be used by the Secretary of Commerce according
to this subsection to provide grants to Federal, State, private or
foreign organizations or individuals to conduct research activities on
or relating to the fisheries or marine ecosystems in the north Pacific
Ocean, Bering Sea, and Arctic Ocean (including any lesser related
bodies of water).
(2) Research priorities and grant requests shall be reviewed and
recommended for Secretarial approval by a board to be known as the
North Pacific Research Board (referred to in this subsection as the
``Board''). The Board shall seek to avoid duplicating other research
activities, and shall place a priority on cooperative research efforts
designed to address pressing fishery management or marine ecosystem
information needs.
(3) The Board shall be comprised of the following representatives
or their designees--
(A) the Secretary of Commerce, who shall be a co-chair of the
Board;
(B) the Secretary of State;
(C) the Secretary of the Interior;
(D) the Commandant of the Coast Guard;
(E) the Director of the Office of Naval Research;
(F) the Alaska Commissioner of Fish and Game, who shall also be
a co-chair of the Board;
(G) the Chairman of the North Pacific Fishery Management
Council;
(H) the Chairman of the Arctic Research Commission;
(I) the Director of the Oil Spill Recovery Institute;
(J) the Director of the Alaska SeaLife Center;
(K) five members nominated by the Governor of Alaska and
appointed by the Secretary of Commerce, one of whom shall represent
fishing interests, one of whom shall represent Alaska Natives, one
of whom shall represent environmental interests, one of whom shall
represent academia, and one of whom shall represent oil and gas
interests;
(L) three members nominated by the Governor of Washington and
appointed by the Secretary of Commerce; and
(M) one member nominated by the Governor of Oregon and
appointed by the Secretary of Commerce.
The members of the Board shall be individuals knowledgeable by
education, training, or experience regarding fisheries or marine
ecosystems in the north Pacific Ocean, Bering Sea, or Arctic Ocean.
Three nominations shall be submitted for each member to be appointed
under subparagraphs (K), (L), and (M). Board members appointed under
subparagraphs (K), (L), and (M) shall serve for three-year terms, and
may be reappointed.
(4)(A) The Secretary of Commerce shall review and administer grants
recommended by the Board. If the Secretary does not approve a grant
recommended by the Board, the Secretary shall explain in writing the
reasons for not approving such grant, and the amount recommended to be
used for such grant shall be available only for other grants
recommended by the Board.
(B) Grant recommendations and other decisions of the Board shall be
by majority vote, with each member having one vote. The Board shall
establish written criteria for the submission of grant requests through
a competitive process and for deciding upon the award of grants. Grants
shall be recommended by the Board on the basis of merit in accordance
with the priorities established by the Board. The Secretary shall
provide the Board such administrative and technical support as is
necessary for the effective functioning of the Board. The Board shall
be considered an advisory panel established under section 302(g) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) for the purposes of section 302(i)(1) of such Act, and
the other procedural matters applicable to advisory panels under
section 302(i) of such Act shall apply to the Board to the extent
practicable. Members of the Board may be reimbursed for actual expenses
incurred in performance of their duties for the Board. Not more than 5
percent of the funds provided to the Secretary of Commerce under
paragraph (1) may be used to provide support for the Board and
administer grants under this subsection.
(f) Sunset.--If amounts are not assumed by the concurrent budget
resolution and appropriated from the Fund by December 15, 1998, the
Fund shall terminate and the amounts in the Fund including the accrued
interest shall be applied to reduce the Federal deficit.
For priority land acquisitions, land exchange agreements, other
activities consistent with the Land and Water Conservation Fund Act of
1965, as amended, and critical maintenance to be conducted by the
Bureau of Land Management, the United States Fish and Wildlife Service,
the National Park Service and the Forest Service, $699,000,000, to be
derived from the Land and Water Conservation Fund notwithstanding any
other provision of law, to remain available until September 30, 2001,
of which $167,000,000 is available to the Secretary of Agriculture and
$532,000,000 is available to the Secretary of the Interior: Provided,
That of the funds made available to the Secretary of Agriculture, not
to exceed $65,000,000 may be used to acquire interests to protect and
preserve Yellowstone National Park, pursuant to the terms and
conditions set forth in sections 502 and 504 of this title, and
$12,000,000 may be used for the rehabilitation and maintenance of the
Beartooth Highway pursuant to section 502 of this title: Provided
further, That of the funds made available to the Secretary of the
Interior, not to exceed $250,000,000 may be used to acquire interests
to protect and preserve the Headwaters Forest, pursuant to the terms
and conditions set forth in sections 501 and 504 of this title, and
$10,000,000 may be used for a direct payment to Humboldt County,
California pursuant to section 501 of this title: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture,
after consultation with the heads of the Bureau of Land Management, the
United States Fish and Wildlife Service, the National Park Service and
the Forest Service, shall, in fiscal year 1998 and each of the
succeeding three fiscal years, jointly submit to Congress a report
listing the lands and interests in land that the Secretaries propose to
acquire or exchange and the maintenance requirements they propose to
address using funds provided under this heading for purposes other than
the purposes of sections 501 and 502 of this title: Provided further,
That none of the funds appropriated under this title for purposes other
than the purposes of sections 501 and 502 of this title shall be
available until the House Committee on Appropriations and the Senate
Committee on Appropriations approve, in writing, a list of projects to
be undertaken with such funds: Provided further, That moneys provided
in this title, when combined with moneys provided by other titles in
this Act, shall, for the purposes of section 205(a) of H. Con. Res. 84
(105th Congress), be considered to provide $700,000,000 in budget
authority for fiscal year 1998 for Federal land acquisitions and to
finalize priority land exchanges.

c1b2d2da2ce6a34e09e35726400310b0d2c256c11e2e20eee2d9a3f3c480a84d

TITLE IV

-ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND

Authorization.--Subject to the terms and conditions of this section, up
to $250,000,000 from the Land and Water Conservation Fund is authorized
to be appropriated to acquire lands referenced in the Agreement of
September 28, 1996, which consist of approximately 4,500 acres commonly
referred to as the ``Headwaters Forest'', approximately 1,125 acres
referred to as the ``Elk Head Forest'', and approximately 9,600 acres
referred to as the ``Elk River Property'', which are located in
Humboldt County, California. This section is the sole authorization for
the acquisition of such property, which is the subject of the Agreement
dated September 28, 1996 between the United States of America
(hereinafter ``United States''), the State of California, MAXXAM, Inc.,
and the Pacific Lumber Company. Of the entire Elk River Property, the
United States and the State of California are to retain approximately
1,845 acres and transfer the remaining approximately 7,755 acres of Elk
River Property to the Pacific Lumber Company. The property to be
acquired and retained by the United States and the State of California
is that property that is the subject of the Agreement of September 28,
1996 as generally depicted on maps labeled as sheets 1 through 7 of
Township 3 and 4 North, Ranges 1 East and 1 West, of the Humboldt
Meridian, California, titled ``Dependent Resurvey and Tract Survey'',
as approved by Lance J. Bishop, Chief Cadastral Surveyor--California,
on August 29, 1997. Such maps shall be on file in the Office of the
Chief Cadastral Surveyor, Bureau of Land Management, Sacramento,
California. The Secretary of the Interior is authorized to make such
typographical and other corrections to this description as are mutually
agreed upon by the parties to the Agreement of September 28, 1996. The
land retained by the United States and the State of California
(approximately 7,470 acres) shall hereafter be the ``Headwaters
Forest''. Any funds appropriated by the Federal Government to acquire
lands or interests in lands that enlarge the Headwaters Forest by more
than five acres per each acquisition shall be subject to specific
authorization enacted subsequent to this Act, except that such funds
may be used pursuant to existing authorities to acquire such lands up
to five acres per each acquisition or interests in lands that may be
necessary for roadways to provide access to the Headwaters Forest.
(b) Effective Period of Authorization.--The authorization in
subsection (a) expires March 1, 1999 and shall become effective only--
(1) when the State of California provides a $130,000,000
contribution for the transaction;
(2) when the State of California approves a Sustained Yield
Plan covering Pacific Lumber Company timber property;
(3) when the Pacific Lumber Company dismisses the following
legal actions as evidenced by instruments in form and substance
satisfactory to each of the parties to such legal actions: Pacific
Lumber Co. v. United States, No. 96-257L (Fed. Cls.) and Salmon
Creek Corp. v. California Board of Forestry, No. 96-CS-1057 (Cal.
Super. Ct.);
(4) when the incidental take permit under section 10(a) of the
Endangered Species Act (based upon a multispecies Habitat
Conservation Plan covering Pacific Lumber Company timber property,
including applicable portions of the Elk River Property) is issued
by the United States Fish and Wildlife Service and the National
Marine Fisheries Service;
(5) after an appraisal of all lands and interests therein to be
acquired by the United States has been undertaken, such appraisal
has been reviewed for a period not to exceed 30 days by the
Comptroller General of the United States, and such appraisal has
been provided to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural Resources of
the Senate, and the Committees on Appropriations of the House and
Senate;
(6) after the Secretary of the Interior issues an opinion of
value to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural Resources of
the Senate, and the Committees on Appropriations of the House and
Senate for the land and property to be acquired by the Federal
Government. Such opinion of value shall also include the total
value of all compensation (including tax benefits) proposed to be
provided for the acquisition;
(7) after an Environmental Impact Statement for the proposed
Habitat Conservation Plan has been prepared and completed in
accordance with the applicable provisions of the National
Environmental Policy Act of 1969; and
(8) when adequate provision has been made for public access to
the property.
(c) Acquisition.--Notwithstanding any other provision of law, the
amount paid by the United States to acquire identified lands and
interests in lands referred to in section 501(a) may differ from the
value contained in the appraisal required by section 501(b)(5) if the
Secretary of the Interior certifies, in writing, to Congress that such
action is in the best interest of the United States.
(d) Habitat Conservation Plan.--
(1) Applicable standards.--Within 60 days after the enactment
of this section, the Secretary of the Interior and the Secretary of
Commerce shall report to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House
of Representatives on the scientific and legal standards and
criteria for threatened, endangered, and candidate species under
the Endangered Species Act and any other species used to develop
the habitat conservation plan (hereinafter ``HCP'') and the section
10(a) incidental take permit for the Pacific Lumber Company land.
(2) Report.--If the Pacific Lumber Company submits an
application for an incidental take permit under section 10(a) of
the Endangered Species Act for the transaction authorized by
subsection (a), and the permit is not issued, then the United
States Fish and Wildlife Service and the National Marine Fisheries
Service shall set forth the substantive rationale or rationales for
why the measures proposed by the applicant for such permit did not
meet the issuance criteria for the species at issue. Such report
shall be submitted to the Congress within 60 days of the decision
not to issue such permit or by May 1, 1999, whichever is earlier.
(3) HCP standards.--If a section 10(a) permit for the Pacific
Lumber Company HCP is issued, it shall be deemed to be unique to
the circumstances associated with the acquisition authorized by
this section and shall not establish a higher or lesser standard
for any other multispecies HCPs than would otherwise be established
under existing law.
(e) Payment to Humboldt County.--Within 30 days of the acquisition
of the Headwaters Forest, the Secretary of the Interior shall provide a
$10,000,000 direct payment to Humboldt County, California.
(f) Payment In Lieu Of Taxes.--The Federal portion of the
Headwaters Forest acquired pursuant to this section shall be
entitlement land under section 6905 of title 31 of the United States
Code.
(g) Out-Year Budget Limitations.--The following funding limitations
and parameters shall apply to the Headwaters Forest acquired under
subsection (a)--
(1) At least 50 percent of the total funds for management of
such lands above the annual level of $100,000 shall (with the
exception of law enforcement activities and emergency activities)
be from non-Federal sources.
(2) Subject to appropriations, the authorized annual Federal
funding for management of such land is $300,000 (with the exception
of law enforcement activities and emergency activities).
(3) The Secretary of the Interior or the Headwaters Forest
Management Trust referenced in subsection (h) is authorized to
accept and use donations of funds and personal property from the
State of California, private individuals, and other nongovernmental
entities for the purpose of management of the Headwaters Forest.
(h) Headwaters Forest Management Trust.--The Secretary of the
Interior is authorized, with the written concurrence of the Governor of
the State of California, to establish a Headwaters Forest Management
Trust (``Trust'') for the management of the Headwaters Forest as
follows:
(1) Management authority.--The Secretary of the Interior is
authorized to vest management authority and responsibility in the
Trust composed of a board of five trustees each appointed for terms
of three years. Two trustees shall be appointed by the Governor of
the State of California. Three trustees shall be appointed by the
President of the United States. The first group of trustees shall
be appointed within 60 days of exercising the authority under this
subsection and the terms of the trustees shall begin on such day.
The Secretary of the Interior, the Secretary of Resources of the
State of California, and the Chairman of the Humboldt County Board
of Supervisors shall be nonvoting, ex officio members of the board
of trustees. The Secretary is authorized to make grants to the
Trust for the management of the Headwaters Forest from amounts
authorized and appropriated.
(2) Operations.--The Trust shall have the power to develop and
implement the management plan for the Headwaters Forest.
(i) Management Plan.--
(1) In general.--A concise management plan for the Headwaters
Forest shall be developed and periodically amended as necessary by
the Secretary of the Interior in consultation with the State of
California (and in the case that the authority provided in
subsection (h) is exercised, the trustees shall develop and
periodically amend the management plan), and shall meet the
following requirements:
(A) Management goals for the plan shall be to conserve and
study the land, fish, wildlife, and forests occurring on such
land while providing public recreation opportunities and other
management needs.
(B) Before a management structure and management plan are
adopted for such land, the Secretary of the Interior or the
board of trustees, as the case may be, shall submit a proposal
for the structure and plan to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources
of the House of Representatives. The proposed management plan
shall not become effective until the passage of 90 days after
its submission to the Committees.
(C) The Secretary of the Interior or the board of trustees,
as the case may be, shall report annually to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Resources of the House of Representatives, and the House and
Senate Committees on Appropriations concerning the management
of lands acquired under the authority of this section and
activities undertaken on such lands.
(2) Plan.--The management plan shall guide general management
of the Headwaters Forest. Such plan shall address the following
management issues--
(A) scientific research on forests, fish, wildlife, and
other such activities that will be fostered and permitted on
the Headwaters Forest;
(B) providing recreation opportunities on the Headwaters
Forest;
(C) access to the Headwaters Forest;
(D) construction of minimal necessary facilities within the
Headwaters Forest so as to maintain the ecological integrity of
the Headwaters Forest;
(E) other management needs; and
(F) an annual budget for the management of the Headwaters
Forest, which shall include a projected revenue schedule (such
as fees for research and recreation) and projected expenses.
(3) Compliance.--The National Environmental Policy Act shall
apply to the development and implementation of the management plan.
(j) Cooperative Management.--
(1) The Secretary of the Interior may enter into agreements
with the State of California for the cooperative management of any
of the following: Headwaters Forest, Redwood National Park, and
proximate State lands. The purpose of such agreements is to acquire
from and provide to the State of California goods and services to
be used by the Secretary and the State of California in cooperative
management of lands if the Secretary determines that appropriations
for that purpose are available and an agreement is in the best
interests of the United States; and
(2) an assignment arranged by the Secretary under section 3372
of title 5, United States Code, of a Federal or State employee for
work in any Federal or State of California lands, or an extension
of such assignment, may be for any period of time determined by the
Secretary or the State of California, as appropriate, to be
mutually beneficial.

92f363ec8c94b8317d50934cdf46a830adf2a92e7ebd866edc285483e380733c

TITLE V

-PRIORITY LAND ACQUISITIONS, LAND EXCHANGES, AND MAINTENANCE

Acquisition of Crown Butte Mining Interests. (a) Authorization.--
Subject to the terms and conditions of this section, up to $65,000,000
from the Land and Water Conservation Fund is authorized to be
appropriated to acquire identified lands and interests in lands
referred to in the Agreement of August 12, 1996 to protect and preserve
Yellowstone National Park.
(b) Conditions of Acquisition Authority.--The Secretary of
Agriculture may not acquire the District Property until:
(1) the parties to the Agreement have entered into and lodged
with the United States District Court for the District of Montana a
consent decree as required under the Agreement that requires, among
other things, Crown Butte to perform response or restoration
actions (or both) or pay for such actions in accordance with the
Agreement;
(2) an appraisal of the District Property has been undertaken,
such appraisal has been reviewed for a period not to exceed 30 days
by the Comptroller General of the United States, and such appraisal
has been provided to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural Resources of
the Senate, and the House and Senate Committees on Appropriations;
(3) after the Secretary of Agriculture issues an opinion of
value to the Committee on Resources of the House of
Representatives, the Committee on Energy and Natural Resources of
the Senate, and the House and Senate Committees on Appropriations
for the land and property to be acquired by the Federal Government;
and
(4) the applicable requirements of the National Environmental
Policy Act have been met.
(c) Acquisition.--Notwithstanding any other provision of law, the
amount paid by the United States to acquire identified lands and
interests in lands referred to in the Agreement of August 12, 1996 to
protect and preserve Yellowstone National Park may exceed the value
contained in the appraisal required by section 502(b)(2) if the
Secretary of Agriculture certifies, in writing, to Congress that such
action is in the best interest of the United States.
(d) Deposit in Account.--Immediately upon receipt of payments from
the United States, Crown Butte shall deposit $22,500,000 in an interest
bearing account in a private, federally chartered financial institution
that, in accordance with the Agreement, shall be--
(1) acceptable to the Secretary of Agriculture; and
(2) available to carry out response and restoration actions.
The balance of amounts remaining in such account after completion
of response and restoration actions shall be available to the Secretary
of Agriculture for use in the New World Mining District for any
environmentally beneficial purpose otherwise authorized by law.
(e) Maintenance and Rehabilitation of Beartooth Highway.--
(1) Maintenance.--The Secretary of Agriculture shall,
consistent with the funds provided herein, be responsible for--
(A) snow removal on the Beartooth Highway from milepost 0
in Yellowstone National Park, into and through Wyoming, to
milepost 43.1 on the border between Wyoming and Montana; and
(B) pavement preservation, in conformance with a pavement
preservation plan, on the Beartooth Highway from milepost 8.4
to milepost 24.5.
(2) Rehabilitation.--The Secretary of Agriculture shall be
responsible for conducting rehabilitation and minor widening of the
portion of the Beartooth Highway in Wyoming that runs from milepost
24.5 to milepost 43.1.
(3) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture--
(A) for snow removal and pavement preservation under
paragraph (1), $2,000,000; and
(B) for rehabilitation under paragraph (2), $10,000,000.
(4) Availability of funds.--Within 30 days of the acquisition
of lands and interests in lands pursuant to this section, the funds
authorized in subsection (e)(3) and appropriated herein for that
purpose shall be made available to the Secretary of Agriculture.
(f) Response and Restoration Plan.--The Administrator of the
Environmental Protection Agency and the Secretary of Agriculture shall
approve or prepare a plan for response and restoration activities to be
undertaken pursuant to the Agreement and a quarterly accounting of
expenditures made pursuant to such plan. The plan and accountings shall
be transmitted to the Committee on Resources of the House of
Representatives, the Senate Committee on Energy and Natural Resources
and the House and Senate Committees on Appropriations.
(g) Map.--The Secretary of Agriculture shall provide to the
Committee on Resources of the House of Representatives, the Senate
Committee on Energy and Natural Resources and the House and Senate
Committees on Appropriations, a map depicting the acreage to be
acquired pursuant to this section.
(h) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the agreement in
principle, concerning the District Property, entered into on August
12, 1996 by Crown Butte Mines, Inc., Crown Butte Resources Ltd.,
Greater Yellowstone Coalition, Northwest Wyoming Resource Council,
Sierra Club, Gallatin Wildlife Association, Wyoming Wildlife
Federation, Montana Wildlife Federation, Wyoming Outdoor Council,
Beartooth Alliance, and the United States of America, with such
other changes mutually agreed to by the parties.
(2) Beartooth highway.--The term ``Beartooth Highway'' means
the portion of United States Route 212 that runs from the northeast
entrance of Yellowstone National Park near Silver Gate, Montana,
into and through Wyoming to Red Lodge, Montana.
(3) Crown butte.--The term ``Crown Butte'' means Crown Butte
Mines, Inc. and Crown Butte Resources Ltd., acting jointly.
(4) District property.--The term ``District Property'' means
the portion of the real property interests specifically described
as District Property in appendix B of the Agreement.
(5) New world mining district.--The term ``New World Mining
District'' means the New World Mining District as specifically
described in appendix A of the Agreement.

78f5bbdbc6ae80d951cfa59f01666a7c3785dd33aa13eae3b6652f53e260d518

Requirement.--Not later than January 1, 2001, but not prior to 180 days
after the enactment of this Act, the Secretary of the Interior shall
convey to the State of Montana, without consideration, all right,
title, and interest of the United States in and to--
(1) $10,000,000 in Federal mineral rights in the State of
Montana agreed to by the Secretary of the Interior and the Governor
of Montana through negotiations in accordance with subsection (b);
or
(2) all Federal mineral rights in the tracts in Montana
depicted as Otter Creek number 1, 2, and 3 on the map entitled
``Ashland Map''.
(b) Negotiations.--The Secretary of the Interior shall promptly
enter into negotiations with the Governor of Montana for purposes of
subsection (a)(1) to determine and agree to mineral rights owned by the
United States having a fair market value of $10,000,000.
(c) Federal Law Not Applicable to Conveyance.--Any conveyance under
subsection (a) shall not be subject to the Mineral Leasing Act (30
U.S.C. 181 et seq.).
(d) Availability of Map.--The Secretary of the Interior shall keep
the map referred to in subsection (a)(2) on file and available for
public inspection in appropriate offices of the Department of the
Interior located in the District of Columbia and Billings, Montana,
until January 1, 2001.
(e) Conveyance Dependent Upon Acquisition.--No conveyance pursuant
to subsection (a) shall take place unless the acquisition authorized in
section 502(a) is executed.

4e2acfa71a5a7f0e078500df594e0bbefc896a8b70325a28e1cf9133a61da0f9

this title may not occur prior to the earlier of: (1) 180 days after
enactment of this Act; or (2) enactment of separate authorizing
legislation that modifies section 501, 502, or 503 of this title.
Within 120 days of enactment, the Secretary of the Interior and the
Secretary of Agriculture, respectively, shall submit to the Committee
on Resources of the House of Representatives, the Senate Committee on
Energy and Natural Resources and the House and Senate Committees on
Appropriations, reports detailing the status of efforts to meet the
conditions set forth in this title imposed on the acquisition of the
interests to protect and preserve the Headwaters Forest and the
acquisition of interests to protect and preserve Yellowstone National
Park. For every day beyond 120 days after the enactment of this Act
that the appraisals required in subsections 501(b)(5) and 502(b)(2) are
not provided to the Committee on Resources of the House, the Committee
on Energy and Natural Resources of the Senate and the House and Senate
Committees on Appropriations in accordance with such subsections, the
180-day period referenced in this section shall be extended by one day.

866b4fd71dc4a4553e3bf8a82508db29446de26f24e9c8b5b618228d356e79eb

Law 88-578; 78 Stat. 897) (16 U.S.C. 460l-4 through 11) is amended by
moving section 13 (as added by section 1021(b) of the Omnibus Parks and
Public Lands Management Act of 1996; 110 Stat. 4210) so as to appear in
title I of that Act following section 12.

504167919d9145ca5157098f2d082f4fde813dd3386f8d8ae27dcbb72186cb94

Resources Conservation and Shortage Relief Act of 1997''.

476b2a63602dcd7579216b5446bb6f510afea0eab5d710a33cd4e3cc4256d16a

TITLE VI

-FOREST RESOURCES CONSERVATION AND SHORTAGE RELIEF

of Unprocessed Federal Timber for Unprocessed Timber From Private
Land.--Section 490 of the Forest Resources Conservation and Shortage
Relief Act of 1990 (16 U.S.C. 620b) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``paragraph (3) and''
after ``provided in''; and
(B) by adding at the end the following:
``(3) Applicability.--In the case of the purchase by a person
of unprocessed timber originating from Federal lands west of the
119th meridian in the State of Washington, paragraph (1) shall
apply only if--
``(A) the private lands referred to in paragraph (1) are
owned by the person; or
``(B) the person has the exclusive right to harvest timber
from the private lands described in paragraph (1) during a
period of more than 7 years, and may exercise that right at any
time of the person's choosing.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Approval of'';
(B) in paragraph (2)--
(i) in the paragraph heading, by inserting ``for
sourcing areas for processing facilities located outside
the northwestern private timber open market area''; after
``Application''; and
(ii) in subparagraph (A), by inserting ``(except
private land located in the northwestern private timber
open market area)'' after ``lands'';
(C) in paragraph (3)--
(i) in the paragraph heading, by inserting ``for
sourcing areas for processing facilities located outside of
the northwestern private timber open market area.--(A) In
general''; after ``approval''; and
(ii) by striking the last sentence of paragraph (3) and
adding at the end the following:
``(B) For timber manufacturing facilities located in
idaho.--Except as provided in subparagraph (D), in making a
determination referred to in subparagraph (A), the Secretary
concerned shall consider the private timber export and the
private and Federal timber sourcing patterns for the
applicant's timber manufacturing facilities, as well as the
private and Federal timber sourcing patterns for the timber
manufacturing facilities of other persons in the same local
vicinity of the applicant, and the relative similarity of such
private and Federal timber sourcing patterns.
``(C) For timber manufacturing facilities located in states
other than idaho.--Except as provided in subparagraph (D), in
making the determination referred to in subparagraph (A), the
Secretary concerned shall consider the private timber export
and the Federal timber sourcing patterns for the applicant's
timber manufacturing facilities, as well as the Federal timber
sourcing patterns for the timber manufacturing facilities of
other persons in the same local vicinity of the applicant, and
the relative similarity of such Federal timber sourcing
patterns. Private timber sourcing patterns shall not be a
factor in such determinations in States other than Idaho.
``(D) Area not included.--In deciding whether to approve or
disapprove an application, the Secretary shall not--
``(i) consider land located in the northwestern private
timber open market area; or
``(ii) condition approval of the application on the
inclusion of any such land in the applicant's sourcing
area, such land being includable in the sourcing area only
to the extent requested by the applicant.'';
(D) in paragraph (4), in the paragraph heading, by
inserting ``for sourcing areas for processing facilities
located outside the northwestern private timber open market
area''; after ``application'';
(E) in paragraph (5), in the paragraph heading, by
inserting ``for sourcing areas for processing facilities
located outside the northwestern private timber open market
area''; after ``Determinations''; and
(F) by adding at the end the following:
``(6) Sourcing areas for processing facilities located in the
northwestern private timber open market area.--
``(A) Establishment.--In the northwestern private timber
open market area--
``(i) a sourcing area boundary shall be a circle around
the processing facility of the sourcing area applicant or
holder;
``(ii) the radius of the circle--
``(I) shall be the furthest distance that the
sourcing area applicant or holder proposes to haul
Federal timber for processing at the processing
facility; and
``(II) shall be determined solely by the sourcing
area applicant or holder;
``(iii) a sourcing area shall become effective on
written notice to the Regional Forester for Region 6 of the
Forest Service of the location of the boundary of the
sourcing area;
``(iv) the 24-month requirement in paragraph (1)(A)
shall not apply;
``(v) a sourcing area holder--
``(I) may adjust the radius of the sourcing area
not more frequently than once every 24 months; and
``(II) shall provide written notice to the Regional
Forester for Region 6 of the adjusted boundary of its
sourcing area before using the adjusted sourcing area;
and
``(vi) a sourcing area holder that relinquishes a
sourcing area may not reestablish a sourcing area for that
processing facility before the date that is 24 months after
the date on which the sourcing area was relinquished.
``(B) Transition.--With respect to a portion of a sourcing
area established before the date of enactment of this paragraph
that contains Federal timber under contract before that date
and is outside the boundary of a new sourcing area established
under subparagraph (A)--
``(i) that portion shall continue to be a sourcing area
only until unprocessed Federal timber from the portion is
no longer in the possession of the sourcing area holder;
and
``(ii) unprocessed timber from private land in that
portion shall be exportable immediately after unprocessed
timber from Federal land in the portion is no longer in the
possession of the sourcing area holder.
``(7) Relinquishment and termination of sourcing areas.--
``(A) In general.--A sourcing area may be relinquished at
any time.
``(B) Effective date.--A relinquishment of a sourcing area
shall be effective as of the date on which written notice is
provided by the sourcing area holder to the Regional Forester
with jurisdiction over the sourcing area where the processing
facility of the holder is located.
``(C) Exportability.--
``(i) In general.--On relinquishment or termination of
a sourcing area, unprocessed timber from private land
within the former boundary of the relinquished or
terminated sourcing area is exportable immediately after
unprocessed timber from Federal land from within that area
is no longer in the possession of the former sourcing area
holder.
``(ii) No restriction.--The exportability of
unprocessed timber from private land located outside of a
sourcing area shall not be restricted or in any way
affected by relinquishment or termination of a sourcing
area.''; and
(3) by adding at the end the following:
``(d) Domestic Transportation and Processing of Private Timber.--
Nothing in this section restricts or authorizes any restriction on the
domestic transportation or processing of timber harvested from private
land, except that the Secretary may prohibit processing facilities
located in the State of Idaho that have sourcing areas from processing
timber harvested from private land outside of the boundaries of those
sourcing areas.''.
(b) Restriction of Exports of Unprocessed Timber From State and
Public Land.--Section 491(b)(2) of the Forest Resources Conservation
and Shortage Relief Act of 1990 (16 U.S.C. 620c(b)(2)) is amended--
(1) by striking ``the following'' and all that follows through
``(A) The Secretary'' and inserting ``the Secretary'';
(2) by striking ``during the period beginning on June 1, 1993,
and ending on December 31, 1995'' and inserting ``as of the date of
enactment of the Forest Resources Conservation and Shortage Relief
Act of 1997''; and
(3) by striking subparagraph (B).

b300c9b312356e5c37b678312f5d7ce0e152e5710fd9863e4a4b53049defed45

Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620d)
is amended--
(1) in subsection (c)(2), by adding at the end the following:
``(C) Mitigation of penalties.--
``(i) In general.--The Secretary concerned--
``(I) in determining the applicability of any
penalty imposed under this paragraph, shall take into
account all relevant mitigating factors, including
mistake, inadvertence, and error; and
``(II) based on any mitigating factor, may, with
respect to any penalty imposed under this paragraph--
``(aa) reduce the penalty;
``(bb) not impose the penalty; or
``(cc) on condition of there being no further
violation under this paragraph for a prescribed
period, suspend imposition of the penalty.
``(ii) Contractural remedies.--In the case of a minor
violation of this title (including a regulation), the
Secretary concerned shall, to the maximum extent
practicable, permit a contracting officer to redress the
violation in accordance with the applicable timber sale
contract rather than assess a penalty under this
paragraph.''; and
(2) in subsection (d)(1)--
(A) by striking ``The head'' and inserting the following:
``(A) In general.--Subject to subparagraph (B), the head'';
and
(B) by adding at the end the following:
``(B) Prerequisites for debarment.--
``(i) In general.--No person may be debarred from
bidding for or entering into a contract for the purchase of
unprocessed timber from Federal lands under subparagraph
(A) unless the head of the appropriate Federal department
or agency first finds, on the record and after an
opportunity for a hearing, that debarment is warranted.
``(ii) Withholding of awards during debarment
proceedings.--The head of an appropriate Federal department
or agency may withhold an award under this title of a
contract for the purchase of unprocessed timber from
Federal lands during a debarment proceeding.''.

b0168c692c1d4bf32300de51bfea39d272df29b2a15dd37ac4747d9e2eb38c4b

Department of the Interior and Related Agencies Appropriations Act, 1998

Other Sections

TITLE I

TITLE III

TITLE IV

TITLE V

TITLE VI

TITLE VII

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