Home > 105th Congressional Bills > H.R. 2108 (ih) To dispose of certain Federal properties located in Dutch John, Utah, and to assist the local government in the interim delivery of basic services to the Dutch John community, and for other purposes. ...

H.R. 2108 (ih) To dispose of certain Federal properties located in Dutch John, Utah, and to assist the local government in the interim delivery of basic services to the Dutch John community, and for other purposes. ...


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                                                       Calendar No. 122
105th CONGRESS
  1st Session
                                H. R. 2107

                          [Report No. 105-56]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 1997

  Received; read twice and referred to the Committee on Appropriations

                             July 22, 1997

                Reported by Mr. Gorton, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 1998, 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 fiscal year ending 
September 30, 1998, 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)), 
<DELETED>$581,591,000 </DELETED>$578,851,000, to remain available until 
expended, of which $2,043,000 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 $3,000,000 shall be 
derived from the special receipt account established by the Land and 
Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and 
of which $1,500,000 shall be available in fiscal year 1998 subject to a 
match by at least an equal amount by the National Fish and Wildlife 
Foundation, to such Foundation for challenge cost share projects 
supporting fish and wildlife conservation affecting Bureau lands; in 
addition, <DELETED>$27,300,000 </DELETED>$27,650,000 for Mining Law 
Administration program operations, to remain available until expended, 
to be reduced by amounts collected by the Bureau and credited to this 
appropriation from annual mining claim fees so as to result in a final 
appropriation estimated at not more than <DELETED>$581,591,000 
</DELETED>$578,851,000; and in addition, not to exceed $5,000,000, to 
remain available until expended, from annual mining claim fees; which 
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 for the cost of administering 
communication site activities: 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.

                        wildland fire management

    For necessary expenses for fire use and management, fire 
preparedness, suppression operations, and emergency rehabilitation by 
the Department of the Interior, <DELETED>$280,103,000 
</DELETED>$282,728,000, to remain available until expended, of which 
not to exceed <DELETED>$5,025,000 </DELETED>$6,950,000 shall be for the 
renovation or construction of fire facilities: Provided, 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 persons hired pursuant to 43 
U.S.C. 1469 may be furnished subsistence and lodging without cost from 
funds available from this appropriation.

                    central hazardous materials fund

    For necessary expenses of 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.), 
<DELETED>$12,000,000 </DELETED>$14,900,000, 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 
section 107 or 113(f) of such Act, shall be credited to this account to 
be available until expended without further appropriation: 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 and which shall be credited to 
this account.

                              construction

    For construction of buildings, recreation facilities, roads, 
trails, and appurtenant facilities, <DELETED>$3,254,000 
</DELETED>$3,154,000, 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. 6901-6907), <DELETED>$113,500,000 
</DELETED>$120,000,000, of which not to exceed $400,000 shall be 
available for administrative expenses: Provided, That no payment shall 
be made to otherwise eligible units of local government if the computed 
amount of the payment is less than $100.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) 
of Public Law 94-579, including administrative expenses and acquisition 
of lands or waters, or interests therein, <DELETED>$12,000,000 
</DELETED>$9,400,000, 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; 
$101,406,000, 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 second paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876).

                 forest ecosystems health and recovery

                   (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, and monitoring salvage 
timber sales and forest ecosystem health and recovery activities such 
as release from competing vegetation and density control treatments. 
Any receipts derived from treatments funded by this account shall be 
deposited into the Forest Ecosystem Health and Recovery Fund.

                           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 Public Law 94-579, as amended, and Public Law 93-153, 
to remain available until expended: Provided, That notwithstanding any 
provision to the contrary of section 305(a) of Public Law 94-579 (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 Act 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 action are used 
on the exact lands damaged which led to the action: Provided further, 
That any such moneys that are in excess of amounts needed to repair 
damage to the exact land for which funds were collected may be used to 
repair other damaged public lands.

                       miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                       administrative provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on his certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly-produced 
publications for which the cooperators share the cost of printing 
either in cash or in services, and the Bureau determines the cooperator 
is capable of meeting accepted quality standards.

                United States Fish and Wildlife Service

                          resource management

    For expenses necessary for scientific and economic studies, 
conservation, management, investigations, protection, and utilization 
of fishery and wildlife resources, except whales, seals, and sea lions, 
and for the performance of other authorized functions related to such 
resources; for the general administration of the United States Fish and 
Wildlife Service; for maintenance of the herd of long-horned cattle on 
the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for 
high priority projects within the scope of the approved budget which 
shall be carried out by the Youth Conservation Corps as authorized by 
the Act of August 13, 1970, as amended, <DELETED>$591,042,000 
</DELETED>$585,064,000, to remain available until September 30, 1999, 
of which $11,612,000 shall remain available until expended for 
operation and maintenance of fishery mitigation facilities constructed 
by the Corps of Engineers under the Lower Snake River Compensation 
Plan, authorized by the Water Resources Development Act of 1976, to 
compensate for loss of fishery resources from water development 
projects on the Lower Snake River, and of which not less than 
$2,000,000 shall be provided to local governments in southern 
California for planning associated with the Natural Communities 
Conservation Planning (NCCP) program and shall remain available until 
expended<DELETED>,-and of which not to exceed $5,190,000 shall be used 
for implementing subsections (a), (b), (c), and (e) of section 4 of the 
Endangered Species Act of 1973, as amended</DELETED>: Provided, That 
the proviso under this heading in Public Law 104-208 is amended by 
striking the words ``Education and'' and inserting in lieu thereof 
``Conservation'', by striking the word ``direct'' and inserting in lieu 
thereof the word ``full'', and by inserting before the period ``, to 
remain available until expended'': Provided further, That the Bureau of 
Reclamation transfers to the Fish and Wildlife Service for the Recovery 
Implementation Program for Endangered Fish Species in the Upper 
Colorado River Basin shall be exempt from any Fish and Wildlife Service 
overhead charge.

                              construction

    For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigation, protection, 
and utilization of fishery and wildlife resources, and the acquisition 
of lands and interests therein; <DELETED>$40,256,000 
</DELETED>$43,053,000, to remain available until expended.

                natural resource damage assessment fund

    To conduct natural resource damage assessment activities by the 
Department of the Interior necessary to carry out the provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control 
Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 
1990 (Public Law 101-380), and Public Law 101-337; <DELETED>$4,128,000 
</DELETED>$4,328,000, to remain available until expended: Provided, 
That under this heading in Public Law 104-134, strike ``in fiscal year 
1996 and thereafter'' in the proviso and insert ``heretofore and 
hereafter'', and before the phrase, ``or properties shall be utilized'' 
in such proviso, insert ``, to remain available until expended,'': 
Provided further, That the first proviso under this heading in Public 
Law 103-138 is amended by inserting after ``account'' the following: 
``, including transfers to Federal trustees and payments to non-Federal 
trustees,''.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, <DELETED>$53,000,000 
</DELETED>$57,292,000, to remain available until expended.

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