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Pub.L. 105-84 Making further continuing appropriations for the fiscal year 1998, and for other purposes. <> ...


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[[Page 111 STAT. 1543]]

Public Law 105-83
105th Congress

                                 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. <<NOTE: Nov. 14, 1997 -  [H.R. 2107]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
the Interior and Related Agencies Appropriations Act, 1998.>> 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)), $583,270,000, 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, $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 $583,270,000; 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

[[Page 111 STAT. 1544]]

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, $280,103,000, to remain available until 
expended, of which not to exceed $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.), 
$12,000,000, 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 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, $3,254,000, 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), $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, $11,200,000, to be derived from 
the Land and Water Conservation Fund, to remain available until 
expended.

[[Page 111 STAT. 1545]]

                    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 percent 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. The 
Federal share of 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 percent 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 <<NOTE: 43 USC 1735 note.>>  
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

[[Page 111 STAT. 1546]]

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, $594,842,000, to remain 
available until September 30, 1999, of which $11,612,000 shall remain 
available

[[Page 111 STAT. 1547]]

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, 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: Provided, That the proviso 
under this heading in Public Law 104-208 is <<NOTE: 16 USC 742b note.>>  
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''.

                              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; $45,006,000, 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; $4,228,000, to remain 
available until expended: Provided, That under this heading in 
Public <<NOTE: 43 USC 1474b-1.>>  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 <<NOTE: 43 USC 1474b-1.>>  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 through 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, $62,632,000, to remain 
available until expended.

            cooperative endangered species conservation fund

    For expenses necessary to carry out the provisions of the Endangered 
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $14,000,000, for 
grants to States, to be derived from the Cooperative Endangered Species 
Conservation Fund, and to remain available until expended.

[[Page 111 STAT. 1548]]

                      national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $10,779,000.

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