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H.Doc.104-148 VETO OF H.R. 2099 ...


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104th Congress, 1st Session - - - - - - - - -  House Document 104-147


 
                           VETO OF H.R. 1977

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

HIS VETO OF H.R. 1977, A BILL MAKING APPROPRIATIONS FOR THE DEPARTMENT 
    OF THE INTERIOR AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING 
               SEPTEMBER 30, 1996, AND FOR OTHER PURPOSES

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


    December 18 (legislative day, December 15), 1995.--Message and 
   accompanying bill referred to the Committee on Appropriations and 
                         ordered to be printed.
To the House of Representatives:
    I am returning herewith without my approval H.R. 1977, the 
``Department of the Interior and Related Agencies 
Appropriations Act, 1996.''
    This bill is unacceptable because it would unduly restrict 
our ability to protect America's natural resources and cultural 
heritage, promote the technology we need for long-term energy 
conservation and economic growth, and provide adequate health, 
educational, and other services to Native Americans.
    First, the bill makes wrong-headed choices with regard to 
the management and preservation of some of our most precious 
assets. In the Tongass National Forest in Alaska, it would 
allow harmful clear-cutting, require the sale of timber at 
unsustainable levels, and dictate the use of an outdated forest 
plan for the next 2 fiscal years.
    In the Columbia River basin in the Pacific Northwest, the 
bill would impede implementation of our comprehensive plan for 
managing public lands--the Columbia River Basin Ecosystem 
Management Project. It would do this by prohibiting publication 
of a final Environmental Impact Statement or Record of Decision 
and requiring the exclusion of information on fisheries and 
watersheds. The result: a potential return to legal gridlock on 
timber harvesting, grazing, mining, and other economically 
important activities.
    And in the California desert, the bill undermines our 
designation of the Mojave National Preserve by cutting funding 
for the Preserve and shifting responsibility for its management 
from the National Park Service to the Bureau of Land 
Management. The Mojave is our newest national park and part of 
the 1994 California Desert Protection Act--the largest addition 
to our park system in the lower 48 States. It deserves our 
support.
    Moreover, the bill would impose a misguided moratorium on 
future listings and critical habitat designations under the 
Endangered Species Act. And in the case of one endangered 
species, the marbled murrelet, it would eliminate the normal 
flexibility for both the Departments of the Interior and 
Agriculture to use new scientific information in managing our 
forests.
    Second, the bill slashes funding for the Department of 
Energy's energy conservation programs. This is short-sighted 
and unwise. Investment in the technology of energy conservation 
is important for our Nation's long-term economic strength and 
environmental health. We should be doing all we can to maintain 
and sharpen our competitive edge, not back off.
    Third, this bill fails to honor our historic obligations 
toward Native Americans. It provides inadequate funding for the 
Indian Health Service and our Indian Education programs. And 
the cuts targeted at key programs in the Bureau of Indian 
Affairs' are crippling--including programs that support child 
welfare; adult vocational training; law enforcement and 
detention services; community fire protection; and general 
assistance to low-income Indian individuals and families. 
Moreover, the bill would unfairly single out certain self-
governance tribes in Washington State for punitive treatment. 
Specifically, it would penalize these tribes financially for 
using legal remedies in disputes with non-tribal owners of land 
within reservations.
    Finally, the bill represents a dramatic departure from our 
commitment to support for the arts and humanities. It cuts 
funding of the National Endowments for the Arts and Humanities 
so deeply as to jeopardize their capacity to keep providing the 
cultural, educational, and artistic programs that enrich 
America's communities large and small.
    For these reasons and others my Administration has conveyed 
to the Congress in earlier communications, I cannot accept this 
bill. It does not reflect my priorities or the values of the 
American people. I urge the Congress to send me a bill that 
truly serves the interests of our Nation and our citizens.

                                                William J. Clinton.
    The White House, December 18, 1995.
                                     
                               H.R. 1977

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five


                                 An Act


  Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 1996, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 1996, and for other purposes, 
namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                    management of lands and resources

    For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general administration 
of the Bureau, and assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $568,062,000, to 
remain available until expended, of which $2,000,000 shall be available 
for assessment of the mineral potential of public lands in Alaska 
pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 3150), and of 
which not more than $599,999 shall be available to the Needles 
Resources Area for the management of the East Mojave National Scenic 
Area, as defined by the Bureau of Land Management prior to October 1, 
1994, in the California Desert District of the Bureau of Land 
Management, and of which $4,000,000 shall be derived from the special 
receipt account established by section 4 of the Land and Water 
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-6a(i)): 
Provided, That appropriations herein made shall not be available for 
the destruction of healthy, unadopted, wild horses and burros in the 
care of the Bureau or its contractors; and in addition, $27,650,000 for 
Mining Law Administration program operations, to remain available until 
expended, to be reduced by amounts collected by the Bureau of Land 
Management and credited to this appropriation from annual mining claim 
fees so as to result in a final appropriation estimated at not more 
than $568,062,000: Provided further, That in addition to funds 
otherwise available, and to remain available until expended, not to 
exceed $5,000,000 from annual mining 
claim fees shall be credited to this account for the costs of 
administering the mining claim fee program, and $2,000,000 from 
communication site rental fees established by the Bureau.


                         wildland fire management

    For necessary expenses for fire use and management, fire 
preparedness, emergency presuppression, suppression operations, 
emergency rehabilitation, and renovation or construction of fire 
facilities in the Department of the Interior, $235,924,000, to remain 
available until expended, of which not to exceed $5,025,000, shall be 
available for the renovation or construction of fire facilities: 
Provided, That notwithstanding any other provision of law, persons 
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and 
lodging without cost from funds available from this appropriation: 
Provided further, That such funds are also available for repayment of 
advances to other appropriation accounts from which funds were 
previously transferred for such purposes: Provided further, That 
unobligated balances of amounts previously appropriated to the Fire 
Protection and Emergency Department of the Interior Firefighting Fund 
may be transferred or merged with this appropriation.


                     central hazardous materials fund

    For expenses necessary for use by the Department of the Interior 
and any of its component offices and bureaus for the remedial action, 
including associated activities, of hazardous waste substances, 
pollutants, or contaminants pursuant to the Comprehensive Environmental 
Response, Compensation and Liability Act, as amended (42 U.S.C. 9601 et 
seq.), $10,000,000, to remain available until expended: Provided, That, 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the Department pursuant to sections 107 or 
113(f) of the Comprehensive Environmental Response, Compensation and 
Liability Act, as amended (42 U.S.C. 9607 or 9613(f)), shall be 
credited to this account and shall be available without further 
appropriation and shall remain available until expended: Provided 
further, That such sums recovered from or paid by any party are not 
limited to monetary payments and may include stocks, bonds or other 
personal or real property, which may be retained, liquidated, or 
otherwise disposed of by the Secretary of the Interior and which shall 
be credited to this account.


                         construction and access

    For acquisition of lands and interests therein, and construction of 
buildings, recreation facilities, roads, trails, and appurtenant 
facilities, $3,115,000, to remain available until expended.


                        payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-07), $101,500,000, of which not to exceed 
$400,000 shall be available for administrative expenses.


                             land acquisition

    For expenses necessary to carry out the provisions of sections 205, 
206, and 318(d) of Public Law 94-579 including administrative expenses 
and acquisition of lands or waters, or interests therein, $12,800,000 
to be derived from the Land and Water Conservation Fund, to remain 
available until expended.


                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein including 
existing connecting roads on or adjacent to such grant lands; 
$93,379,000, to remain available until expended: Provided, That 25 per 
centum of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the provisions of the second paragraph of subsection (b) of title 
II of the Act of August 28, 1937 (50 Stat. 876).


                            range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per 
centum of all moneys received during the prior fiscal year under 
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and 
the amount designated for range improvements from grazing fees and 
mineral leasing receipts from Bankhead-Jones lands transferred to the 
Department of the Interior pursuant to law, but not less than 
$9,113,000, to remain available until expended: Provided, That not to 
exceed $600,000 shall be available for administrative expenses.


                service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be 
collected under sections 209(b), 304(a), 304(b), 305(a), and 504(g) of 
the Act approved October 21, 1976 (43 U.S.C. 1701), and sections 101 
and 203 of Public Law 93-153, to be immediately available until 
expended: Provided, That notwithstanding any provision to the contrary 
of section 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)), 
any moneys that have been or will be received pursuant to that section, 
whether as a result of forfeiture, compromise, or settlement, if not 
appropriate for refund pursuant to section 305(c) of that Act (43 
U.S.C. 1735(c)), shall be available and may be expended under the 
authority of this or subsequent appropriations Acts by the Secretary to 
improve, protect, or rehabilitate any public lands administered through 
the Bureau of Land Management which have been damaged by the action of 
a resource developer, purchaser, permittee, or any unauthorized person, 
without regard to whether all moneys collected from each such 
forfeiture, compromise, or settlement are used on the exact lands 
damage to which led to the forfeiture, compromise, or settlement: 
Provided further, That such moneys are in excess of amounts needed to 
repair damage to the exact land for which collected.


                        miscellaneous trust funds

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