101st CONGRESS
1st Session
H. R. 2788
AMENDMENTS
HR 2788 EAS
In the Senate of the United States,
July 26 (legislative day, January 3), 1989.
Resolved, That the bill from the House of Representatives (H.R. 2788)
entitled `An Act making appropriations for the Department of the Interior
and related agencies for the fiscal year ending September 30, 1990,
and for other purposes', do pass with the following
AMENDMENTS:
( 1 ) Page 2, line 10, strike out  [Struck out->][ $446,296,000 ][<-Struck
out]  and insert: $441,738,000
( 2 ) Page 2, line 23, strike out  [Struck out->][ National Forest System
and ][<-Struck out]
( 3 ) Page 2, line 24, strike out  [Struck out->][ $740,393,000 ][<-Struck
out]  and insert: $311,500,000
( 4 ) Page 2, line 25, strike out  [Struck out->][ $96,716,000 ][<-Struck
out]  and insert: $193,761,000
( 5 ) Page 2, line 26, strike out  [Struck out->][ $2,800,000 ][<-Struck
out]  and insert: $16,250,000
( 6 ) Page 3, line 1, strike out  [Struck out->][ $21,319,000 ][<-Struck
out]  and insert: $34,464,000
( 7 ) Page 3, line 2, strike out all after `Affairs' down to and including
`Service' in line 3.
( 8 ) Page 3, line 10, strike out  [Struck out->][ $2,400,000 ][<-Struck
out]  and insert: $6,865,000
( 9 ) Page 3, line 24, strike out  [Struck out->][ $13,490,000 ][<-Struck
out]  and insert: $11,340,000
( 10 ) Page 10, line 21, strike out  [Struck out->][ $375,370,000 ][<-Struck
out]  and insert: $399,225,000
( 11 ) Page 10, line 22, strike out  [Struck out->][ $5,500,000 ][<-Struck
out]  and insert: $6,000,000
( 12 ) Page 11, line 7, after `expended' insert: : Provided, That
notwithstanding any other provision of law, a procurement for the National
Wetlands Research Center shall be issued which includes the full scope
of the previously issued procurement for the facility: Provided further,
That the solicitation and contract shall contain the clause `availability
of funds' found at 48 CFR 52.232-18
( 13 ) Page 11, line 13, strike out  [Struck out->][ $30,457,000 ][<-Struck
out]  and insert: $53,579,000
( 14 ) Page 11, line 14, strike out  [Struck out->][ $2,000,000 ][<-Struck
out]  and insert: $1,500,000
( 15 ) Page 11, line 22, strike out  [Struck out->][ $65,790,000 ][<-Struck
out]  and insert: $52,810,000
( 16 ) Page 12, line 3, strike out  [Struck out->][ $7,645,000 ][<-Struck
out]  and insert: $10,500,000
( 17 ) Page 12, line 3, after `$7,645,000' insert: : Provided, That an
additional $2,845,000 shall be made available for the Refuge Revenue Sharing
Act (16 U.S.C. 715s), to be derived from the Federal share of receipts
from on-shore minerals leasing and royalty collection that are in excess
of $389,000,000
( 18 ) Page 13, line 18, strike out  [Struck out->][ $774,179,000 ][<-Struck
out]  and insert: $771,617,000
( 19 ) Page 14, line 3, strike out all after `compensation' down to and
including `Property' in line 6.
( 20 ) Page 14, line 6, strike out all after `Property' down to and including
`Ohio' in line 8.
( 21 ) Page 14, line 8, after `Ohio' insert: : Provided further, That $85,000
shall be available to assist the town of Harpers Ferry, West Virginia,
for police force use
( 22 ) Page 14, line 8, after `Ohio' insert: : Provided further, That the
National Park Service shall prepare an Environmental Impact Statement in
full compliance with the National Environmental Policy Act of 1969 that
evaluates alternative levels of development within the Appalachian Trail
corridor between the Shrewsbury-Mendon town line, on the south, and the
junction of the Appalachian and Long Trails north of Sherburne Pass, on
the north, in Rutland County, Vermont: Provided further, That negotiations
shall be suspended for any land acquisitions or easements in the study area
and no acquisitions or easements in the study area shall be executed until
60 calendar days after the final Environmental Impact Statement is filed:
Provided further, That the Secretary of the Interior shall take no action to
give force or effect or implement in any manner the easement signed January
19, 1989, between the National Park Service and Killington, Ltd., Inc.,
until 60 calendar days after the final Environmental Impact Statement is filed
( 23 ) Page 14, line 13, strike out  [Struck out->][ $16,029,000 ][<-Struck
out]  and insert: $15,735,000
( 24 ) Page 14, line 17, strike out  [Struck out->][ $30,500,000 ][<-Struck
out]  and insert: $38,000,000
( 25 ) Page 15, line 2, after `appropriation' insert: : Provided further,
That $1,000,000 of the amount appropriated herein shall remain available
until expended in the Bicentennial Lighthouse Fund, to be distributed on
a matching grant basis after consultation among the National Park Service,
the National Trust for Historic Preservation, State Historic Preservation
Officers from States with resources eligible for financial assistance,
and the lighthouse community. Consultation shall include such matters as a
distribution formula, timing of grant awards, a redistribution procedure for
grants remaining unobligated longer than two years after the award date,
and related implementation policies. The distribution formula for fiscal
year 1990 shall include consideration of such factors as--
(A) the number of lighthouses on or determined to be eligible for listing
on the National Register of Historic Places by March 30, 1990;
(B) the number of river lights and number of historic river sites on or
determined to be eligible for listing on the National Register by March 30,
1990; and
(C) the availability of matching contributions in the State: Provided
further, That no State shall receive more than 15 per centum of the
Bicentennial Lighthouse Fund in any one fiscal year, nor more than 10
per centum of the total appropriations to the Fund in any two fiscal year
period: Provided further, That only the light station structure, itself,
shall be counted in determining the number of properties in each State
eligible to participate in the Fund: Provided further, That the Secretary
shall allocate appropriate funds from the Bicentennial Lighthouse Fund
to be transferred, without the matching requirement, for use by Federal
agencies, in cooperative agreements with the National Park Service and the
State Office of Historic Preservation in which the property is located,
for properties otherwise eligible for the National Register but owned by
the Federal Government
( 26 ) Page 15, line 6, strike out  [Struck out->][ $174,210,000 ][<-Struck
out]  and insert: $140,851,000
( 27 ) Page 15, line 25, strike out  [Struck out->][ $81,016,000 ][<-Struck
out]  and insert: $89,018,000
( 28 ) Page 16, line 5, after `program' insert: : Provided further, That
Public Law 98-146 is amended by adding the following new section:
`The land owner may also use the credits in exchange for excess lands,
wherever located, under the jurisdiction of the Secretary of the Interior.'
( 29 ) Page 16, line 9, strike out  [Struck out->][ $15,193,000 ][<-Struck
out]  and insert: $9,193,000
( 30 ) Page 16, line 10, strike out  [Struck out->][ $10,000,000 ][<-Struck
out]  and insert: $4,000,000
( 31 ) Page 18, line 21, strike out  [Struck out->][ $486,931,000 ][<-Struck
out]  and insert: $476,909,000
( 32 ) Page 20, line 6, strike out  [Struck out->][ $175,066,000 ][<-Struck
out]  and insert: $179,761,000
( 33 ) Page 20, line 7, strike out  [Struck out->][ $52,601,000 ][<-Struck
out]  and insert: $56,796,000
( 34 ) Page 20, line 19, after `project' insert: : Provided further, That
of the above enacted amounts, up to one-half of the amounts for mineral
revenue compliance shall be used to compensate States and Indian tribes
for audit activities under the provisions of sections 202 and 205 of the
Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1732, 1735)
( 35 ) Page 20, line 19, strike out all after `project' over to and including
`due' in line 2 on page 21.
( 36 ) Page 21, line 2, strike out all after `due' down to and including
`Treasury' line in 7.
( 37 ) Page 21, line 20, strike out  [Struck out->][ $161,876,000 ][<-Struck
out]  and insert: $175,000,000
( 38 ) Page 21, line 20, strike out  [Struck out->][ $97,885,000 ][<-Struck
out]  and insert: $105,935,000
( 39 ) Page 21, line 24, after `operation' insert: : Provided further, That
the Secretary is authorized to convey in fee the Keyes Helium Plant, Keyes,
Oklahoma, to the Cimarron Industrial Park Authority, a public trust of the
State of Oklahoma, on or before September 30, 1990, on terms mutually agreed
on between the Secretary and the Authority: Provided further, That prior to
conveyance, the Secretary shall complete repair of asbestos insulation on
piping and equipment, including cleanup and disposal of asbestos containing
debris, at a cost which shall not exceed $50,000: Provided further, That,
as a condition of conveyance, the Cimarron Industrial Park Authority shall
accept full responsibility for any remedial actions with respect to hazardous
substances remaining at the plant after the date of conveyance
( 40 ) Page 23, line 23, strike out  [Struck out->][ $192,772,000 ][<-Struck
out]  and insert: $192,112,000
( 41 ) Page 26, line 10, strike out all after `offices,' down to and including
`and' in line 13, and insert: $965,126,000
( 42 ) Page 26, line 18, strike out  [Struck out->][ $2,180,000 ][<-Struck
out]  and insert: $1,480,000
( 43 ) Page 27, line 12, strike out all after `facilities' down to and
including `funds' in line 18.
( 44 ) Page 28, line 2, after `accounts' insert: : Provided further, That
for the purpose of enabling Indian reservation residents in Arizona who are
eligible for General Assistance and who have dependent children to participate
and succeed in Jobs Corps training, the Bureau shall pay general assistance
support for the dependent children at the full State AFDC A-2 grant level
( 45 ) Page 28, line 11, strike out  [Struck out->][ $134,379,000 ][<-Struck
out]  and insert: $119,671,000
( 46 ) Page 28, line 16, after `Project' insert: and the Safety of Dams
program
( 47 ) Page 29, line 14, after `99-503' insert: : Provided, That
notwithstanding any other provision of law, funds appropriated pursuant to
Public Law 100-383 shall not be subject to the provisions of 43 U.S.C. 1606(i)
( 48 ) Page 29, after line 14, insert:
NAVAJO REHABILITATION TRUST FUND
For Navajo tribal rehabilitation and improvement activities in accordance
with the provisions of section 32(d) of Public Law 93-531, as amended (25
U.S.C. 640d-30), including necessary administrative expenses, $800,000,
to remain available until expended.
( 49 ) Page 30, after line 6, insert:
MISCELLANEOUS TRUST FUNDS
Notwithstanding any other provision of law, the Secretary shall retain
the amount of excess interest drawn from the Treasury during the period
of January 1, 1987, to February 28, 1989, to compensate the trust funds
for the amount of interest that would have been earned had all available
trust funds been invested in the Treasury during the period from June 30,
1985, to December 31, 1986.
( 50 ) Page 30, line 13, after `only' insert: : Provided, That notwithstanding
any other provision of law, Tanalian, Incorporated shall be deemed certified
as a Native group under the Alaska Native Claims Settlement Act (Public
Law 92-203, 85 Stat. 688)
( 51 ) Page 30, line 13, after `only' insert: : Provided further, That
hereafter, with respect to claims for personal injury, including death,
resulting from the performance of functions under a contract, grant agreement,
or cooperative agreement authorized by the Indian Self-Determination and
Education Assistance Act of 1975, as amended (88 Stat. 2203; 25 U.S.C. 450
et seq.), a tribe or tribal organization is deemed to be part of the Bureau
of Indian Affairs in the Department of the Interior while carrying out any
such contract or agreement and its employee are deemed employees of the
Bureau while acting within the scope of their employment in carrying out
the contract or agreement
( 52 ) Page 30, line 13, after `only' insert: : Provided further, That any
civil action or proceeding brought against any tribe, tribal organization
or tribal employee covered by this proviso shall be deemed to be an action
against the United States and will be defended by the Attorney General and
be afforded the full protection and coverage of the Federal Tort Claims Act
( 53 ) Page 30, line 13, after `only' insert: : Provided further, That
beginning with the fiscal year ending September 30, 1991 and thereafter,
the Secretary shall request through annual appropriations funds sufficient
to reimburse the Treasury for any claims paid in the prior fiscal year
pursuant to the foregoing provision
( 54 ) Page 30, line 18, strike out  [Struck out->][ $76,789,000 ][<-Struck
out]  and insert: $76,204,000
( 55 ) Page 30, line 18, strike out  [Struck out->][ $72,843,000 ][<-Struck
out]  and insert: $73,258,000
( 56 ) Page 31, line 8, strike out  [Struck out->][ $3,946,000 ][<-Struck
out]  and insert: $2,946,000
( 57 ) Page 32, line 2, strike out  [Struck out->][ $710,000 ][<-Struck out]
and insert: $1,025,000
( 58 ) Page 32, line 4, after `Foundation' insert: : Provided further,
That the funds for the program of operations and maintenance improvement
are appropriated to institutionalize routine operations and maintenance of
capital infrastructure in American Samoa, Guam, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations and maintenance needs,
improved capability of local operations and maintenance institutions
and agencies (including management and vocational education training),
and project-specific maintenance (with territorial participation and cost
sharing to be determined by the Secretary based on the individual territory's
commitment to timely maintenance of its capital assets)
( 59 ) Page 32, line 13, strike out  [Struck out->][ $34,102,000 ][<-Struck
out]  and insert: $32,164,000
( 60 ) Page 33, line 12, strike out  [Struck out->][ $24,760,000 ][<-Struck
out]  and insert: $22,260,000
( 61 ) Page 33, line 24, strike out  [Struck out->][ $51,295,000 ][<-Struck
out]  and insert: $51,716,000
( 62 ) Page 33, line 25, strike out all after `expenses' over to and inclduing
`Washington, D.C.' in line 2 on page 34.
( 63 ) Page 34, after line 13, insert:
National Indian Gaming Commission
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gaming Commission, pursuant
to Public Law 100-497, $1,000,000: Provided, That in fiscal year 1990
and thereafter, fees collected pursuant to and as limited by section 18
of the Act shall be available to carry out the duties of the Commission,
to remain available until expended.
( 64 ) Page 38, strike out lines 14 to 18.
( 65 ) Page 38, line 19, strike out  [Struck out->][ 108 ][<-Struck out]
and insert: 107
( 66 ) Page 38, line 23, strike out  [Struck out->][ 109 ][<-Struck out]
and insert: 108
( 67 ) Page 39, line 3, strike out  [Struck out->][ 110 ][<-Struck out]
and insert: 109
( 68 ) Page 39, line 10, strike out  [Struck out->][ 111 ][<-Struck out]
and insert: 110
( 69 ) Page 39, line 15, strike out  [Struck out->][ 112 ][<-Struck out]
and insert: 111
( 70 ) Page 39, line 17, strike out  [Struck out->][ preleasing and
][<-Struck out]
( 71 ) Page 39, line 17, strike out all after `(including' down to and
including `statements,' in line 19.
( 72 ) Page 39, line 20, after `other' insert: post leasing
( 73 ) Page 40, line 7, strike out  [Struck out->][ 113 ][<-Struck out]
and insert: 112
( 74 ) Page 40, line 9, strike out  [Struck out->][ preleasing and
][<-Struck out]
( 75 ) Page 40, line 9, strike out all after `(including' down to and
including `statements,' in line 11.
( 76 ) Page 40, line 12, after `other' insert: post leasing
( 77 ) Page 41, line 6, strike out  [Struck out->][ 114 ][<-Struck out]
and insert: 113
( 78 ) Page 42, strike out all after line 15 over to and including line 4
on page 44.
( 79 ) Page 44, line 5, strike out  [Struck out->][ 116 ][<-Struck out]
and insert: 114
( 80 ) Page 44, line 5, strike out  [Struck out->][ prior ][<-Struck out]
( 81 ) Page 44, line 6, strike out all after `Interior' down to and including
`Mines' in line 7 and insert: the Office of Surface Mining Reclamation
and Enforcement
( 82 ) Page 44, line 11, strike out all after `completed' down to and
including `facility' in line 14.
( 83 ) Page 44, line 15, strike out  [Struck out->][ 117 ][<-Struck out]
and insert: 115
( 84 ) Page 44, line 22, strike out  [Struck out->][ 118 ][<-Struck out]
and insert: 116
( 85 ) Page 44, line 22, strike out  [Struck out->][ 117 ][<-Struck out]
and insert: 115
( 86 ) Page 44, strike out all after line 23, over to and including line
6 on page 45.
( 87 ) Page 45, line 7, strike out  [Struck out->][ 120 ][<-Struck out]
and insert: 117
( 88 ) Page 45, after line 10, insert:

094c0ca17de6c71968c44e1bd65dff43fac8d464e5c438dc707a7dc02af04220

is hereby amended by inserting the word `and' after the semicolon at the
end of subparagraph (b)(2), by striking out the semicolon and the word
`and' after the word `subsection' at the end of subparagraph (b)(3) and
inserting a period in lieu thereof, and by striking out all of subparagraph
(b)(4): Provided, That section 32 of Public Law 93-531, as amended (25
U.S.C. 640d-30), is hereby amended by inserting after subsection (d)
the following new subsection:
`(e) On September 1st of each year through September 1, 1995, the Navajo
Tribe shall submit to Congress a report on how funds in the Navajo
Rehabilitation Trust Fund will be expended to carry out the purposes
described in subsection (d) of this section. A copy of this report will
also be provided to the Office of Navajo and Hopi Indian Relocation.':
Provided further, That section 32 of Public Law 93-531, as amended (25
U.S.C. 640d-30), is further amended by redesignating subsection (e) as
subsection (f), and by redesignating subsection (f) as subsection (g).
( 89 ) Page 45, after line 10, insert:

463bbb67795ec0d148cc1ab5c253330222ff20baf76c997193b2e8016d5fc34c

with recommendations of what steps should be taken to further research on
finding an inexpensive means of converting salt water to fresh water.
( 90 ) Page 45, after line 10, insert:

24a07661f9af97ec9fcd26eefd082cab71338288d3f8b23d51cbea55f1de0e0d

this Act may be obligated or expended for the procurement of advisory or
assistance services by the Department of the Interior.
(b)(1) Not later than 20 days after the end of each calendar quarter,
the Secretary of the Interior shall (A) submit to Congress a report on
the amounts obligated and expended by the department or agency during
that quarter for the procurement of advisory and assistance services,
and (B) transmit a copy of such report to the Comptroller General of the
United States.
(2) Each report submitted under paragraph (1) shall include a list with
the following information:
(A) All contracts awarded for the procurement of advisory and assistance
services during the quarter and the amount of each contract.
(B) The purpose for each contract.
(C) The justification for the award of each contract and the reason the
work cannot be performed by civil servants.
(c) The Comptroller General of the United States shall review the reports
submitted under subsection (b) and transmit to Congress any comments and
recommendations the Comptroller General considers appropriate regarding
the matters contained in such reports.
( 91 ) Page 45, line 16, strike out  [Struck out->][ $149,435,000 ][<-Struck
out]  and insert: $142,392,000
( 92 ) Page 45, line 22, strike out  [Struck out->][ $89,906,000 ][<-Struck
out]  and insert: $111,356,000
( 93 ) Page 45, line 25, strike out all after `95-495' over to and including
`Trail' in line 4 on page 46 and insert: : Provided further, That a grant of
$6,000,000 shall be made to the National Arbor Day Foundation as a matching
grant for the construction of the National Arbor Day Center in Nebraska
City, Nebraska: Provided further, That a grant of $150,000 shall be made
to the Western Wood Products Technology Transfer Center
( 94 ) Page 46, line 12, strike out  [Struck out->][ $1,132,426,000 ][<-Struck
out]  and insert: $1,141,013,000
( 95 ) Page 46, line 17, after `460l-6a)' insert: : Provided, That
appropriations in this account remaining unobligated at the end of fiscal
year 1989, both annual and two-year funds, and which would otherwise be
returned to the general fund of the Treasury, shall be merged with and
made a part of the fiscal year 1990 National Forest System appropriation,
and shall remain available for obligation until September 30, 1991.
( 96 ) Page 46, after line 17, insert:
FOREST SERVICE FIREFIGHTING
For necessary expenses for emergency rehabilitation, forest firefighting,
fire presuppression, and other emergency costs on National Forest System
lands, $556,139,000, to remain available until expended: Provided, That such
funds are to be available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such purposes.
( 97 ) Page 46, line 20, strike out  [Struck out->][ $222,199,000 ][<-Struck
out]  and insert: $180,094,000
( 98 ) Page 46, line 21, strike out  [Struck out->][ $39,232,000 ][<-Struck
out]  and insert: $21,594,000
( 99 ) Page 46, line 23, strike out  [Struck out->][ $182,967,000 ][<-Struck
out]  and insert: $158,500,000
( 100 ) Page 46, line 25, after `205' insert: , of which $1,500,000 shall
be available for the Federal share of road reconstruction for the purpose
of improved access to the Monongahela National Forest, West Virginia,
which shall be matched on an equal basis by non-Federal participants
( 101 ) Page 47, line 3, strike out all after `States' down to and including
`purchasers' in line 6.
( 102 ) Page 47, line 13, strike out  [Struck out->][ $61,988,000 ][<-Struck
out]  and insert: $45,013,000
( 103 ) Page 48, after line 25, insert:
CATASTROPHIC FIRE COMPENSATION FUND
For expenses necessary to compensate individuals for lost and damaged
property resulting from the Mink Fire (Bridger-Teton National Forest and
Yellowstone National Park), Clover-Mist Fire (Yellowstone National Park
and Shoshone National Forest), Storm Creek Fire (Yellowstone National Park
and Gallatin-Custer National Forests) and the Canyon Fire (Lolo, Helena,
and Lewis and Clark National Forests) which were originally classified as
prescribed fires but subsequently became wildfires, not to exceed $3,000,000
for settlement as deemed appropriate by the Chief of the Forest Service:
Provided, That if the aggregate amount of settlements negotiated by the
Forest Service exceeds $3,000,000, the amounts of individual settlements
shall be reduced proportionately: Provided further, That the Secretary of
the Treasury shall pay settlements out of the 1988 Catastrophic Forest
Fires Relief Fund, which is hereby established in the Treasury, and to
which the sum of $3,000,000 is appropriated.
( 104 ) Page 51, line 19, after `above' insert: : Provided, That,
notwithstanding any other provision of law, moneys received from the timber
salvage sales program in fiscal year 1990 shall be considered as money
received for purposes of computing and distributing 25 per centum payments
to local governments under 16 U.S.C. 500, as amended
( 105 ) Page 53, line 21, strike out all after `Provided,' down to and
including `further,' in line 23.
( 106 ) Page 54, lines 2 and 3, strike out  [Struck out->][ not affect,
diminish, or otherwise alter ][<-Struck out]  and insert: be made without
reductions for
( 107 ) Page 55, strike out all after line 17, over to and including line 2,
on page 56.
( 108 ) Page 56, after line 2, insert:
Notwithstanding any other provision of the law, funds allocated by
the Forest Service to a specific national forest for National Forest
System trail construction; trail maintenance; wildlife and fish habitat
management; soil, water, and air management; cultural resource management;
wilderness management; reforestation and timber stand improvement; timber
sales administration and management including all timber support costs
shall be increased by 10 per centum on October 1, 1990, if the specific
national forest attains the annual average ASQ in fiscal year 1990:
Provided, That these funds shall be made available in fiscal year 1991
from fiscal year 1990 timber receipts returned to the Federal Treasury and
shall be available until expended: Provided further, That these funds are
in addition to any other funds appropriated for these activities and can
be merged into regular appropriated accounts
( 109 ) Page 56, after line 2, insert: : Provided further, That
notwithstanding any other provision of law, the Secretary of the Treasury
is directed to make available to the Secretary of Agriculture, upon request
of the Secretary of Agriculture, to remain available until expended, all the
necessary funds, including timber sale administration and management, timber
support, and engineering costs for the preparation of timber sales through
the completion of all field work activities for the timber sale volume
found to be short of the target of having 125 per centum of the Average
Annual Allowable Sale Quantity fully prepared for sale by the beginning of
the fiscal year: Provided further, That the amount of volume necessary to
have 125 per centum fully prepared are ready to be offered shall be fully
documented as to status, reasons for the shortfall, and the total costs to
complete through the field preparation phase: Provided further, That the
analysis and total cost of the shortfall shall be submitted by the Secretary
of Agriculture to the Appropriations Committees before the end of the first
quarter of the fiscal year: Provided further, That the funds shall be made
available to the Secretary of Agriculture from timber receipts received during
the previous fiscal year: Provided further, That these funds shall not be
made available before September 30, 1990: Provided further, That such funds
shall be in addition to any other funds appropriated in this Act: Provided
further, That this transaction will not affect, diminish, or otherwise alter
payments to be made in accordance with the provisions of the Act of May 23,
1908, as amended (16 U.S.C. 500) or the Act of July 10, 1930 (16 U.S.C. 577g)
( 110 ) Page 56, after line 2, insert: : Provided further, That
notwithstanding any other provision of law, the Forest Service is directed
to compensate Davis Sheep Company, Monteview, Idaho, reasonable expenses
incurred as a result of mortality of permitted animals and moving permitted
animals from one location to another as directed by the Forest Service:
Provided further, That in no event should expenses be less than $112,500
( 111 ) Page 56, after line 2, insert: : Provided further, That
notwithstanding any other provision of law, any appropriations of
funds available to the Forest Service may be used to disseminate program
information by providing nonmonetary items of nominal value to private and
public individuals and organizations.
( 112 ) Page 56, line 13, after `of' insert: replacing,
( 113 ) Page 57, line 3, strike out  [Struck out->][ $500,000,000 ][<-Struck
out]  and insert: $325,000,000
( 114 ) Page 57, lines 4 and 5, strike out  [Struck out->][ and shall
remain available until expended, and $75,000,000 ][<-Struck out]  and
insert: $100,000,000
( 115 ) Page 57, line 6, after `1990' insert: , and $150,000,000 shall be
available on October 1, 1991, such sum to remain available until expended
( 116 ) Page 57, line 14, strike out all after `issued' down to and including
`funds' in line 18.
( 117 ) 8Page 57, line 19, strike out  [Struck out->][ further ][<-Struck out]
( 118 ) Page 58, line 14, strike out  [Struck out->][ $422,660,000 ][<-Struck
out]  and insert: $407,090,000
( 119 ) Page 58, line 19, strike out  [Struck out->][ $3,500,000 ][<-Struck
out]  and insert: $4,000,000
( 120 ) Page 58, line 24, strike out  [Struck out->][ $42,900,000 ][<-Struck
out]  and insert: $37,000,000
( 121 ) Page 59, line 17, after `year' insert: : Provided further, That
section 303 of Public Law 97-257 is further amended by reducing the number
for the headquarters organization of the Assistant Secretary for Fossil
Energy to `not less than 100'
( 122 ) Page 60, line 5, strike out  [Struck out->][ $411,367,000 ][<-Struck
out]  and insert: $413,441,000
( 123 ) Page 60, line 9, strike out  [Struck out->][ $200,000,000 ][<-Struck
out]  and insert: $205,000,000
( 124 ) Page 60, line 18, strike out  [Struck out->][ $16,000,000 ][<-Struck
out]  and insert: $15,900,000
( 125 ) Page 62, line 1, strike out  [Struck out->][ $319,407,000 ][<-Struck
out]  and insert: $227,820,000
( 126 ) Page 62, line 2, strike out all after `Provided,' down to and
including `further,' in line 4.
( 127 ) Page 62, line 5, strike out  [Struck out->][ $108,458,000 ][<-Struck
out]  and insert: $79,625,000
( 128 ) Page 66, line 4, strike out  [Struck out->][ $1,189,330,000 ][<-Struck
out]  and insert: $1,160,093,000
( 129 ) Page 66, line 4, strike out all after `$1,189,330,000,' down to
and including `2291),' in line 7.
( 130 ) Page 66, line 19, strike out  [Struck out->][ $17,000,000 ][<-Struck
out]  and insert: $15,000,000
( 131 ) Page 66, line 22, strike out  [Struck out->][ $4,000,000 ][<-Struck
out]  and insert: $2,000,000
( 132 ) Page 68, line 15, strike out  [Struck out->][ $75,420,000 ][<-Struck
out]  and insert: $65,535,000
( 133 ) Page 71, strike out lines 6 to 10, and insert: $74,149,000, of which
$54,541,000 shall be for subpart 1 and $16,861,000 shall be for subparts
2 and 3: Provided, That the amounts available pursuant to section 5323 of
the Act shall remain available for obligation until September 30, 1991.
( 134 ) Page 72, line 15, strike out  [Struck out->][ $4,650,000 ][<-Struck
out]  and insert: $3,500,000
( 135 ) Page 72, line 17, after `fund' insert: : Provided, That
notwithstanding any other provision of law, the annual budget proposal
and justification for the Institute shall be submitted to the Congress
concurrently with the submission of the President's Budget to the Congress
( 136 ) Page 73, line 7, strike out  [Struck out->][ $231,981,000 ][<-Struck
out]  and insert: $223,029,000
( 137 ) Page 74, line 2, strike out  [Struck out->][ $26,869,000 ][<-Struck
out]  and insert: $26,653,000
( 138 ) Page 74, line 14, strike out  [Struck out->][ $12,900,000 ][<-Struck
out]  and insert: $7,550,000
( 139 ) Page 75, line 18, strike out  [Struck out->][ $40,789,000 ][<-Struck
out]  and insert: $40,744,000
( 140 ) Page 75, line 24, strike out  [Struck out->][ $1,905,000 ][<-Struck
out]  and insert: $2,305,000
( 141 ) Page 76, line 11, strike out  [Struck out->][ $4,611,000 ][<-Struck
out]  and insert: $4,700,000
( 142 ) Page 76, line 18, strike out  [Struck out->][ $144,205,000 ][<-Struck
out]  and insert: $143,005,000
( 143 ) Page 76, line 22, after `Act' insert: : Provided, That until October
1, 1994, none of the funds provided to the National Endowment for the Arts
may be used for a direct grant to the Southeastern Center for Contemporary Art
(SECCA) in Winston-Salem, North Carolina or for the Institute of Contemporary
Art at the University of Pennsylvania
( 144 ) Page 77, line 15, strike out  [Struck out->][ $134,630,000 ][<-Struck
out]  and insert: $126,550,000
( 145 ) Page 77, line 17, strike out all after `Act' down to and including
`1991' in line 20.
( 146 ) Page 78, line 12, strike out  [Struck out->][ $23,000,000 ][<-Struck
out]  and insert: $22,350,000
( 147 ) Page 79, line 4, strike out  [Struck out->][ $516,000 ][<-Struck out]
and insert: $494,000
( 148 ) Page 79, line 8, strike out  [Struck out->][ $5,000,000 ][<-Struck
out]  and insert: $5,500,000
( 149 ) Page 79, line 8, after `$5,000,000' insert: : Provided, That Public
Law 99-190 (99 Stat. 1261; 20 U.S.C. 956a), as amended, is amended further
by striking `$5,000,000' and inserting in lieu thereof `$7,500,000'
( 150 ) Page 79, line 13, strike out  [Struck out->][ $1,945,000 ][<-Struck
out]  and insert: $1,795,000
( 151 ) Page 79, line 20, strike out  [Struck out->][ $3,123,000 ][<-Struck
out]  and insert: $3,133,000
( 152 ) Page 80, line 16, strike out  [Struck out->][ $12,000,000 ][<-Struck
out]  and insert: $10,000,000
( 153 ) Page 82, line 5, after `complete' insert: : Provided, That this
section will become effective one day after the date of enactment.

76581baac728c682ce6f7f03c4989e2c11b3504d3bc2a6d7153e3ddbc9d9acf6

pursuant to this Act may be used to promote, disseminate, or produce--
(1) obscene or indecent materials, including but not limited to depictions of
sadomasochism, homo-eroticism, the exploitation of children, or individuals
engaged in sex acts;
(2) material which denigrates the objects or beliefs of the adherents of
a particular religion or non-religion; or
(3) material which denigrates, debases, or reviles a person, group,
or class of citizens on the basis of race, creed, sex, handicap, age,
or national origin
( 154 ) Page 82, line 6, strike out  [Struck out->][ 305 ][<-Struck out]
and insert: 306
( 155 ) Page 82, line 9, strike out  [Struck out->][ 306 ][<-Struck out]
and insert: 307
( 156 ) Page 82, line 14, strike out  [Struck out->][ 307 ][<-Struck out]
and insert: 308
( 157 ) Page 82, line 24, strike out  [Struck out->][ 308 ][<-Struck out]
and insert: 309
( 158 ) Page 83, line 3, after `Committees' insert: : Provided, That
this section will become effective one day after the date of enactment:
Provided further, That no part of any appropriation contained in this Act
shall be available for any training activities for the purpose of directing
or encouraging--
(1) the organization or implementation of campaigns to protest social
conditions, and
(2) any form of civil disobedience.
( 159 ) Page 83, line 4, strike out  [Struck out->][ 309 ][<-Struck out]
and insert: 310
( 160 ) Page 83, line 8, strike out  [Struck out->][ 310 ][<-Struck out]
and insert: 311
( 161 ) Page 83, line 16, strike out  [Struck out->][ 311 ][<-Struck out]
and insert: 312
( 162 ) Page 83, line 20, strike out  [Struck out->][ 312 ][<-Struck out]
and insert: 313
( 163 ) Page 84, strike out lines 13 to 23.
( 164 ) Page 85, after line 3, insert:

4a544530cee089186d764b878e164d8666bcf9a136464271ca5df47de7ee710a

by inserting after the term `Council.' the following: `The Yurok Transition
Team may receive grants and enter into contracts for Federal programs,
including those administered by the Secretary of the Interior and the
Secretary of Health and Human Services, with respect to Federal services
and benefits for the tribe and its members. Such grants and contracts
shall be transferred to the Yurok Interim Council upon its organization.
( 165 ) Page 85, after line 3, insert:

fa617fe4c8406324d1f7ebddb8c781ef541047e31e2ee9f2e973725583127c94

timber from the Kootenai National Forest and to protect the environment:
Provided, That pending implementation of the Forest Service's final agency
action on the Upper Yaak Decision Area, as defined in the Upper Yaak
Draft Environmental Impact Statement, the Forest Service is directed to
expeditiously sell and harvest timber from the lodgepole pine timber type,
as defined in the Upper Yaak Draft EIS, in the Upper Yaak Decision Area:
Provided further, That adequate environmental assessments for certain timber
sales in the Upper Yaak Decision Area have been completed and are adequate,
decision notices have been issued, no appeals have been filed, and the time
period for appeals as specified in Forest Service regulations has expired:
Provided further, That the Forest Service actions taken pursuant to this
section shall comply with the Kootenai National Forest Plan: Provided
further, That no construction of new system roads shall be permitted in
the Upper Yaak River Drainage: Provided further, That this section does
not in any manner represent a judgment upon the legal adequacy or in any
way affect the final decision made in the development or implementation
of the Upper Yaak Final EIS.
( 166 ) Page 85, after line 3, insert:

ac8aa60d0c7c4abf5f2ca00980543f02f1dd4ec27d26df23d99b10e139b8bb82

provision of law, after September 30, 1984, rents and charges collected
by payroll deduction or otherwise for the use or occupancy of quarters of
agencies funded by this Act shall therafter be deposited in a special fund
in each agency, to remain available until expended, for the maintenance
and operation of the quarters of that agency: Provided, That nothing
contained herein shall prohibit an agreement between an Indian tribe or
tribal organization and the Secretary of the Interior or the Secretary of
Health and Human Services, pursuant to the Indian Self-Determination Act
(25 U.S.C. 450 et seq.), under which such tribe or tribal organization
may retain rents and charges collected by payroll deduction or otherwise
for the use and occupancy of quarters and use such rents and charges for
the operation, maintenance, and repair of such quarters.
( 167 ) Page 85, line 3, insert:

25dfb5e9a0c7e7286837e45e78d1e2740cfdc6d9987e98996585df6765e871b6

available--
(1) the Forest Service shall award, notwithstanding the provisions of the
Federal Timber Contract Payment Modification Act of 1984 (16 U.S.C. 618
(a)(5)(C)), an aggregate timber sale level of 8 billion board feet of net
merchantable timber from the national forests in Oregon and Washington
for fiscal years 1989 and 1990. Such timber sales shall be consistent with
legally valid land and resource management plans except, in the case of the
Mapleton Ranger District of the Siuslaw National Forest, Oregon, shall be
consistent with the preferred alternative of the draft land and resource
management plan and accompanying draft environmental impact statement
dated October 1, 1986: Provided, That of the 8 billion board foot aggregate
timber sale level for fiscal years 1989 and 1990, timber sales awarded from
the thirteen national forests in Oregon and Washington known to contain
northern spotted owls shall meet an aggregate timber sale level for fiscal
years 1989 and 1990 of 6 billion board feet of net merchantable timber; and
(2) the Bureau of Land Management shall award such volumes as are required
in fiscal year 1990 to meet an aggregate timber sale level of 2 billion
board feet for fiscal years 1989 and 1990 from its administrative districts
in Western Oregon.
(b)(1) In accordance with subsection (b)(2) of this section, all timber sales
from the thirteen national forests in Oregon and Washington known to contain
northern spotted owls prepared pursuant to this section shall minimize
fragmentation of the most potentially significant forest stands. `Potentially
significant forest stands' are defined as meeting all the following criteria:
(A) that have at least eight trees per acre exceeding 300 years in age or
40 inches in diameter;
(B) that contain more than four snags per acre greater than 15 feet tall
and greater than 24 inches in diameter; and
(C) that contain more than four downed trees per acre which are greater
than 24 inches in diameter and are greater than 50 feet long.
(2) To the extent any fragmentation is necessary in order to meet the timber
sale levels directed by subsections (a)(1) and (a)(2) of this section,
the Forest Service and the Bureau of Land Management shall confine such
fragmentation to the potentially significant forest stands which have
been prioritized from the smallest to the largest on a forest-by-forest
and district-by-district basis.
(3) The Forest Service is directed to thoroughly review the relationship
between the minimal fragmentation criteria of subsections (b)(1) and (b)(2)
of this section and the timber sales program for the Mt. Baker-Snoqualmie
and Olympic National Forests. If these forests are unable to meet their
proportional share of the allowable sale quantity under the minimal
fragmentation criteria, then the Forest Service shall consult with the
advisory boards established under subsection (c) of this section and the
United States Fish and Wildlife Service as established under subsection (e)
of this section to identify timber sales to meet the proportional allowable
sale quantity, and shall prepare, advertise, offer and award these identified
sales. Nothing in this subsection shall be deemed to alter the relationship
between the Forest Service and the United States Fish and Wildlife Service
under the conferencing process established under section 7(a)(4) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(4), as amended).
(c) The Secretaries of the Interior and Agriculture shall name advisory
boards on a forest-by-forest and district-by-district basis which shall
be comprised of not more than thirteen individuals who, in the appropriate
Secretary's judgement, equally represent a diversity of views. The advisory
boards shall be named not later than November 1, 1989. The advisory boards
shall assist the Forest Service and Bureau of Land Management in reviewing
prospective timber sales which shall meet the timber sale levels directed
by this section prior to their award. The members of the advisory boards
authorized by this section shall serve without compensation or reimbursement
of expenses.
(d) Notwithstanding any other provision of law, there shall be not more than
one level of administrative appeal of any decision by the Forest Service and
the Bureau of Land Management to undertake any activity directed by this
section for timber sales to be prepared, advertised, offered, and awarded
during fiscal year 1990 from the thirteen national forests in Oregon and
Washington and public lands in western Oregon known to contain northern
spotted owls. If an administrative stay is granted in any such appeal the
Regional Forester or the Bureau of Land Management State Director shall
issue a final decision on the merits within forty five days of the date
of issuance of such stay.
(e) The United States Fish and Wildlife Service shall confer with the
Forest Service and the Bureau of Land Management, and shall prepare and
complete an advisory report which recommends to the Forest Service and
the Bureau of Land Management criteria to be used in identifying those
areas that should be avoided to ensure the continued viability of the
northern spotted owl. Such report shall be completed and submitted to
the Forest Service and Bureau of Land Management by November 1, 1989;
once the report is completed, the Forest Service and the Bureau of Land
Management shall consider the report recommendations, together with other
relevant information, in the preparation, advertisement, offer and award
of the timber sales directed by this section.
(f)(1) If parties to the lawsuits referenced in subsection (g)(1) of this
section reach and enter into negotiated agreements accepted by the relevant
courts not later than October 1, 1989, which allows the preparation,
advertisement, offer, and award of at least 1 billion board feet of net
merchantable timber from those timber sales enjoined on the national
forests, and at least 250 million board feet of timber sales on Bureau
of land Management districts in western Oregon enjoined by the orders
identified in subsection (g)(1) of this section, then such timber sales
selected shall be prepared, offered, awarded and operated and shall not
be subject to further judicial review by any court of the United States.
(2) If the agreements specified in subsection (f)(1) of this section is
reached, then those timber sales listed in the court orders referenced
in subsection (g)(1) of this section but not identified in the agreement
in subsection (f)(1) of this section are hereby voided and shall not be
offered for resale in fiscal year 1990.
(g)(1) In accordance with the provisions of subsections (b)(1), (b)(2),
(b)(3), and (e) of this section, the Forest Service and Bureau of
Land Management for fiscal year 1990 shall identify timber sales for
preparation, advertisement, offer and award, which may include timber
sales from among those described in the court order dated March 24,
1989, as amended, in the captioned case Seattle Audubon Society et al.,
v. F. Dale Robertson, Civil Number 89-160, consolidated with Washington
Contract Loggers Assoc. et al., v. F. Dale Robertson, Civil Number 89-99
(order granting preliminary injunction); the opinion entered on May 18,
1989 in Portland Audubon Society et al., v. Manuel Lujan, Jr., Civil Number
87-1160-FR (order granting injunction pending appeal), and shall consult
with the parties of the aforementioned cases in identifying timber sales
which were released so that the timber sale levels directed in subsections
(a)(1) and (a)(2) of this section can be attained.
(2) After they are established, the Forest Service and Bureau of Land
Management shall consider the recommendations of the advisory boards
established pursuant to subsection (c) of this section regarding any
timber sale to be awarded in fiscal year 1990 prior to the award of any
subsequent timber sale. These recommendations shall be considered regardless
of whether the agreements provided in subsection (f)(1) of this section
have been reached, entered into, and accepted by the relevant courts.
(h)(1) If parties to the lawsuits referenced in subsection (g)(1) of
this section fail to reach and enter negotiated agreements as provided in
subsection (f)(1) of this section, then such timber sales selected pursuant
to subsections (g)(1) and (g)(2) of this section shall be prepared,
advertised, awarded and operated notwithstanding any provision of law
that is a basis for any stay, restraining order or injunction issued in
a proceeding identified in subsection (g)(1) of this section.
(2) The Forest Service and Bureau of Land Management shall, for each
respective timber sale, lift its own stay or apply to the appropriate
court for the lifting of the restraining order or injunction whose basis
has been withdrawn by this section.
(i) No restraining order, injunction, or void of sale shall be issued by
any court of the United States in fiscal year 1990 with respect to any
decision to prepare, advertise, offer and award timber sales from the
thirteen national forests in Oregon and Washington and public lands in
western Oregon known to contain northern spotted owls. The provisions of
section 705 of title 5, United States Code shall not apply to any challenge
to such a timber sale: Provided, That the courts shall have authority to
void a sale if it has been determined by a trial on the merits that such
sale should not be awarded.
(j) The Forest Service, the Bureau of Land Management, and the United States
Fish and Wildlife Service shall submit reports updating their findings and
progress as determined by the process established in subsection (e) of this
section on a monthly basis to the President of the Senate and the Speaker
of the House for appropriate referral. Such reports shall be submitted as
directed beginning on December 1, 1989, and ending on September 30, 1990.
(k) Except for provisions of subsection (a)(1) of this section, other
provisions of this section apply solely to the thirteen national forests in
Region Six and Bureau of Land Management districts in western Oregon known
to contain northern spotted owls. Nothing contained in this section shall
be construed to require the Forest Service or Bureau of Land Management
to develop similar policies on any other forest or district in Oregon
and Washington.
(l) The advisory committees established under this section shall not be
subject to the Federal Advisory Committee Act (86 Stat. 770).
(m) The provisions of this section shall remain in effect until September
30, 1990.
( 168 ) Page 85, line 3, insert:

4f39154578bf0989eea4b023a3f5072f6906bc40ff51bb9114ea7f7c96502adf

any other Act may be expended by the recipient of a Federal contract, grant,
loan, or cooperative agreement to pay any person, directly or indirectly,
for influencing or attempting to influence, directly or indirectly--
(A) an officer or employee of any agency in connection with any Federal
action described in paragraph (2);
(B) a Member of Congress to introduce, consider, or otherwise act upon
proposed legislation concerning any such Federal action; or
(C) an officer or employee of Congress or an employee of a Member of
Congress to consider or otherwise act upon any such proposed legislation.
(2) The prohibition in paragraph (1) applies with respect to the following
Federal actions:
(A) The awarding of any Federal contract.
(B) The making of any Federal grant.
(C) The making of any Federal loan.
(D) The entering into of any cooperative agreement.
(E) The extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement.
(b)(1) Each person who requests or receives a Federal contract, grant, loan,
or cooperative agreement from an agency or requests or receives from an
agency a commitment providing for the United States to insure or guarantee
a loan shall file with that agency, in accordance with paragraph (4)--
(A) a written declaration described in paragraph (2) or (3), as the case
may be; and
(B) copies of all declarations received by such person under paragraph (5).
(2) A declaration filed by a person pursuant to paragraph (1)(A) with respect
to a Federal contract, grant, loan, or cooperative agreement shall contain--
(A) a statement setting forth whether such person--
(i) has made any payment, using funds other than appropriated funds,
which would be prohibited by subsection (a) if the payment were paid for
with appropriated funds; or
(ii) has agreed to make any such payment;
(B) with respect to each such payment (if any) and each such agreement
(if any)--
(i) the name and address of each person paid, to be paid, or reasonably
expected to be paid;
(ii) the name and address of each individual performing the services for
which such payment is made, to be made, or reasonably expected to be made;
(iii) the amount paid, to be paid, or reasonably expected to be paid;
(iv) how the person was paid, is to be paid, or is reasonably expected to
be paid; and
(v) the activity for which the person was paid, is to be paid, or is
reasonably expected to be paid; and
(C) a certification that the person making the declaration has not made,
and will not make, any payment prohibited by subsection (a).
(3)(A) A declaration filed by a person pursuant to paragraph (1)(A)
with respect to a commitment providing for the United States to insure
or guarantee a loan shall contain a statement setting forth whether such
person has made or agreed to make any payment, directly or indirectly,
to influence or attempt to influence, directly or indirectly--
(i) an officer or employee of any agency in connection with any Federal
action described in subparagraph (B);
(ii) a Member of Congress to introduce, consider, or otherwise act upon
proposed legislation concerning any such Federal action; or
(iii) an officer or employee of Congress to consider or otherwise act upon
any such proposed legislation.
(B) The Federal actions referred to in subparagraph (A) are the following:
(i) The insuring and guaranteeing of any loan by the Federal Government.
(ii) The extension, continuation, renewal, amendment, or modification of
any loan insurance, loan guaranty, or commitment providing for the United
States to insure or guarantee a loan.
(4) A person referred to in paragraph (1)(A) shall file a declaration
referred to in that paragraph--
(A) with each submission by such person that initiates agency consideration
of such person for award of a Federal contract, grant, loan, or cooperative
agreement, or for grant of a commitment providing for the United States
to insure or guarantee a loan;
(B) upon receipt by such person of a Federal contract, grant, loan, or
cooperative agreement or of a commitment providing for the United States
to insure or guarantee a loan; and
(C) immediately upon the occurrence of any event that affects the accuracy
of the information contained in any declaration previously filed by such
person in connection with such Federal contract, grant, loan, cooperative
agreement, loan insurance commitment, or loan guaranty commitment.
(5) Any person who requests or receives from a person referred to in
paragraph (1) a subcontract under a Federal contract, a subgrant under a
Federal grant, a contract or subcontract to carry out any purpose for which
a particular Federal loan is made, or a contract under a Federal cooperative
agreement shall be required to file with the person referred to in such
paragraph a written declaration referred to in clause (A) of such paragraph.
(6) The head of each agency shall collect and compile the statements
filed under this subsection and, on April 30 and October 31 of each year,
beginning in 1990, submit to the Secretary of the Senate and the Clerk
of the House of Representatives a report containing a compilation of the
statements received during the six months preceding the month in which
the report is submitted. The report, including the compilation, shall be
available for public inspection.
(7) The Director of the Office of Management and Budget shall notify the
head of each agency that this section is to be complied with immediately
upon enactment. Not later than 60 days after the date of the enactment
of this Act, the Director of the Office of Management and Budget shall
issue guidance for agency implementation of, and compliance with, the
requirements of this section.
(c)(1) Any person who makes an expenditure prohibited by subsection (a)
shall be subject to a civil penalty of $100,000 for each such expenditure.
(2)(A) Any person who fails to file or amend a declaration required to be
filed or amended under subsection (b) shall be subject to a civil penalty
of $100,000 for each such failure.
(B) A filing of a declaration or a declaration amendment on or after
the date on which an administrative action for the imposition of a civil
penalty under this subsection is commenced does not prevent the imposition
of such civil penalty for a failure occurring before that date. For the
purposes of this subparagraph, an administrative action is commenced with
respect to a failure when an investigating official determines in writing
to commence an investigation of an allegation of such failure.
(3) Sections 3803 (except for subsection (c)), 3804, 3805, 3806, 3807,
3808, and 3812 of title 31, United States Code, shall be applied to the
imposition and collection of civil penalties under this subsection.
(4) An imposition of a civil penalty under this subsection does not
prevent the United States from seeking any other remedy that the United
States may have for the same conduct that is the basis for the imposition
of such civil penalty.
(5) The head of an agency awarding a contract to, making a grant to, making a
loan to, or entering into a cooperative agreement with any person, or making
a commitment to any person to insure or guarantee a loan, may terminate or
cancel such contract, grant, cooperative agreement, loan, loan insurance,
or loan guaranty on the basis of any violation of the requirements of
subsection (a) or (b) by that person in connection with that contract,
grant, cooperative agreement, loan, loan insurance, or loan guaranty.
(d)(1) The official of each agency referred to in paragraph (3) shall submit
to Congress each year an evaluation of the compliance of that agency with,
and the effectiveness of, the requirements imposed by this section on
the agency, persons requesting or receiving Federal contracts, grants,
loans, or cooperative agreements from that agency, and persons requesting
or receiving from that agency commitments providing for the United States
to insure or guarantee loans.
The report shall be submitted at the same time the agency submits its annual
budget justifications to Congress.
(2) The report of an agency under paragraph (1) shall include the following:
(A) All alleged violations of the requirements of subsections (a) and (b),
relating to the agency's Federal actions referred to in such subsections,
during the year covered by the report.
(B) The actions taken by the head of the agency in such year with respect
to those alleged violations and any alleged violations of subsections (a)
and (b) that occurred before such year, including the amounts of civil
penalties imposed by the head of such agency in such year, if any.
(C) The Federal contracts, grants, loans, cooperative agreements, loan
insurance, and loan guaranties canceled, terminated, or considered or
being considered for cancellation or termination under subsection (c)(5).
(3) The Inspector General of an agency shall prepare and submit the annual
report of the agency required by paragraph (1). In the case of an agency
that does not have an inspector general, the agency official comparable
to an inspector general shall prepare and submit the annual report, and,
if there is no such comparable official, the head of the agency shall
prepare and submit such annual report.
(e)(1)(A) Subsection (a)(1) does not apply in the case of a payment of
reasonable compensation made to an officer or employee of a person requesting
or receiving a Federal contract, grant, loan, or cooperative agreement to
the extent that the payment is for agency and legislative liaison activities
not directly related to a Federal action referred to in subsection (a)(2).
(B) Subsection (a)(1)(A) does not prohibit any reasonable payment to a
person for professional or other technical services rendered in connection
with meeting requirements imposed by or pursuant to law as a condition
for receiving a Federal contract, grant, loan, or cooperative agreement.
(C) Nothing in this paragraph shall be construed as permitting the use
of appropriated funds for making any payment prohibited in or pursuant to
any other provision of law.
(2) The reporting requirements in subsection (b) shall not apply to any
person with respect to--
(A) payments of reasonable compensation made to regularly employed officers
or employees of a person requesting or receiving a Federal contract, grant,
loan, or cooperative agreement or a commitment providing for the United
States to insure or guarantee a loan;
(B) a request for or receipt of a Federal contract, grant, or cooperative
agreement that does not exceed $50,000; and
(C) a request for or receipt of a loan, or a commitment providing for the
United States to insure or guarantee a loan, that does not exceed $150,000.
(3) This section does not apply with respect to Federal contracts, grants,
loans, cooperative agreements, loan insurance commitments, and loan guaranty
commitments that are entered into or made before the date of the enactment
of this Act.
(f) The head of each Federal agency shall take such actions as are necessary
to ensure that the provisions of this section are vigorously implemented
and enforced in such agency.
(g) As used in this section:
(1) The term `recipient', with respect to funds received in connection
with a Federal contract, grant, loan, or cooperative agreement, includes
the contractors, subcontractors, or subgrantees (as the case may be)
of the recipient.
(2) The term `agency' has the same meaning provided for such term in
section 552(f) of title 5, United States Code.
(3) The term `person' includes an individual, corporation, company,
association, authority, firm, partnership, society, State, or local
government.
(4) The term `State' means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, a territory or possession of the
United States, an agency or instrumentality of a State, and a multi-State,
regional, or interstate entity having governmental duties and powers.
(5) The term `local government' means a unit of government in a State and,
if chartered, established, or otherwise recognized by a State for the
performance of a governmental duty, the following entities:
(A) A local public authority.
(B) A special district.
(C) An intrastate district.
(D) A council of governments.
(E) A sponsor group representative organization.
(F) Any other instrumentality of a local government.
(6)(A) The terms `Federal contract', `Federal grant', `Federal cooperative
agreement' mean, respectively--
(i) a contract awarded by an agency;
(ii) a grant made by an agency or a direct appropriation made by law to
any person; and
(iii) a cooperative agreement entered into by an agency.
(B) Such terms do not include--
(i) direct United States cash assistance to an individual;
(ii) a loan;
(iii) loan insurance; or
(iv) a loan guaranty.
(7) The term `Federal loan' means a loan made by an agency. Such term does
not include loan insurance or a loan guaranty.
(8) The term `reasonable payment' means, with respect to professional and
other technical services, a payment in an amount that is consistent with
the amount normally paid for such services in the private sector.
(9) The term `reasonable compensation' means, with respect to a regularly
employed officer or employee of any person, compensation that is consistent
with the normal compensation for such officer or employee for work that
is not furnished to, not funded by, or not furnished in cooperation with
the Federal Government.
(10) The term `regularly employed', with respect to an officer or employee
of a person requesting or receiving a Federal contract, grant, loan, or
cooperative agreement or a commitment providing for the United States to
insure or guarantee a loan, means an officer or employee who is employed
by such person for at least 130 working days within one year immediately
preceding the date of the submission that initiates agency consideration
of such person for receipt of such contract, grant, loan, cooperative
agreement, loan insurance commitment, or loan guaranty commitment.
Attest:
Secretary.
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Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1990, and for other purposes. — HR. 2788

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