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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2499
Public Law 103-332
103d Congress
An Act
Making appropriations for the Department of the Interior and related agencies
for the fiscal year ending September 30, 1995, 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, 1995,
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, 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 of Land Management,
$598,449,000, to remain available until expended, including
$1,462,000 to 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. 4601-6a(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 of Land Management or its contractors; and in addition,
$21,650,000 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 $598,449,000:
Provided further, That in addition to funds otherwise available,
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 shall remain available until expended.
FIRE PROTECTION
For necessary expenses for fire use and management, and fire
preparedness by the Department of the Interior, $114,968,000, to
remain available until expended.
HeinOnline -- 108 Stat. 2499 1994
Sept. 30, 1994
[H.R. 4602]
Department
of the
Interior and
Related
Agencies
Appropriations
Act, 1995.
108 STAT. 2500
PUBLIC LAW 103-332-SEPT. 30, 1994
EMERGENCY DEPARTMENT OF THE INTERIOR FIREFIGHTING FUND
For emergency rehabilitation, severity presuppression, and
wildfire operations of the Department of the Interior, $121,176,000,
to remain available until expended: Provided, That such funds
also are available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such
purposes: Provided further, 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 only amounts for
emergency rehabilitation and wildfire operations that are in excess
of the average of such costs for the previous ten years shall be
considered "emergency requirements" pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
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.), $13,435,000, 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, $12,091,000, to remain available until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976 (31 U.S.C. 6901-07), $104,108,000, 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,
$14,785,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
HeinOnline -- 108 Stat. 2500 1994
PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2501
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; $97,550,000, 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 $10,350,000, 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,
HeinOnline -- 108 Stat. 2501 1994
43 USC 1735
note.
108 STAT. 2502
PUBLIC LAW 103-332-SEPT. 30, 1994
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
In addition to amounts authorized to be expended under existing law, 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
availab
or 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 of Land Management; 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; and 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 by Public Law 93-408,
$513,815,000, of which $11,732,000 shall be 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 (90
Stat. 2921), to compensate for loss of fishery resources from water
development projects on the Lower Snake River, and which shall
remain available until expended; and of which $3,000,000 shall
be provided to the National Fish and Wildlife Foundation for endangered species activities: Provided, That the amount provided to
the National Fish and Wildlife Foundation shall be matched by
at least an equal amount by the National Fish and Wildlife Foundation: Provided further, That sums may be made available to the
HeinOnline -- 108 Stat. 2502 1994
PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2503
States of Washington, Oregon, and California to conduct monitoring
activities related to the President's Forest Plan.
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; $53,914,000, 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 the Act of
July 27, 1990 (Public Law 101-337); $6,700,000, to remain available
until expended: Provided, That notwithstanding any other provision
of law, any amounts appropriated or credited in fiscal year 1992
and thereafter, may be transferred to any account to carry out
the provisions of negotiated legal settlements or other legal actions
for restoration activities and 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 the Act of
July 27, 1990 (Public Law 101-337) for damage assessment activities: Provided further, That sums provided 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 such sums or properties shall be utilized for the restoration of injured resources,
and to conduct new damage assessment activities.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
4601-4-11), 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,
and for activities authorized under Public Law 98-244 to be carried
out by the National Fish and Wildlife Foundation, $67,410,000,
to be derived from the Land and Water Conservation Fund, 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
by Public Law 100-478, $9,000,000 for grants to States, to be
derived from the Cooperative Endangered Species Conservation
Fund, and to remain available until expended.
HeinOnline -- 108 Stat. 2503 1994
43 USC 1474b-1.
108 STAT. 2504
PUBLIC LAW 103-332-SEPT. 30, 1994
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $12,000,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions of the African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213,
4221-4225, 4241-4245, and 1538), $1,169,000, to remain available
until expended.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233,
$9,000,000.
WILDLIFE CONSERVATION AND APPRECIATION FUND
For deposit to the Wildlife Conservation and Appreciation Fund,
$1,000,000, to remain available until expended, to be available
for carrying out the Partnerships for Wildlife Act only to the extent
such funds are matched as provided in section 7105 of said Act.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for purchase of not to exceed
127 passenger motor vehicles, of which 106 are for replacement
only (including 44 for police-type use); not to exceed $400,000 for
payment, at the discretion of the Secretary, for information,
rewards, or evidence concerning violations of laws administered
by the United States Fish and Wildlife Service, and miscellaneous
and emergency expenses of enforcement activities, authorized or
approved by the Secretary and to be accounted for solely on his
certificate; repair of damage to public roads within and adjacent
to reservation areas caused by operations of the United States
Fish and Wildlife Service; options for the purchase of land at
not to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the United
States Fish and Wildlife Service and to which the United States
has title, and which are utilized pursuant to law in connection
with management and investigation of fish and wildlife resources:
Provided, That the United States Fish and Wildlife Service may
accept donated aircraft as replacements for existing aircraft: Provided further, That nothwithstanding 44 U.S.C. 501, the Service
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 at least one-half the cost of printing either in cash
or services and the Service determines the cooperator is capable
of meeting accepted quality standards.
HeinOnline -- 108 Stat. 2504 1994
PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2505
NATIONAL BIOLOGICAL SURVEY
RESEARCH, INVENTORIES, AND SURVEYS
For authorized expenses necessary for scientific research relating to species biology, population dynamics, and ecosystems; inventory and monitoring activities; technology development and transfer;
the operation of Cooperative Research Units; and for the general
administration of the National Biological Survey, $167,209,000, of
which $166,909,000 shall remain available until September 30,
1996, and of which $300,000 shall remain available until expended
for construction: Provided, That none of the funds under this head
shall be used to conduct new surveys on private property unless
specifically authorized in writing by the property owner.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration of the National Park Service, including not to exceed $1,599,000
for the Volunteers-in-Parks program, 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 by Public
Law 93-408, $1,079,963,000, without regard to the Act of August
24, 1912, as amended (16 U.S.C. 451), of which not to exceed
$79,900,000, to remain available until expended is to be derived
from the special fee account established pursuant to title V, section
5201, of Public Law 100-203: Provided, That should any increase
in fees be enacted after enactment of this Act but prior to September
30, 1995, that would be available for the programs under this
heading, the Secretary of the Interior shall make available under
this heading an amount equal to the amount collected by such
fee increase to the "Operation of the National Park System" account
for purposes for which such fees are authorized, as approved by
the Secretary and subject to the reprogramming guidelines of the
House and Senate Committees on Appropriations: Provided further,
That these funds shall be used for one-time, non-recurring purposes
only.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance and
review, international park affairs, statutory or contractual aid for
other activities, and grant administration, not otherwise provided
for, $43,023,000.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the provisions of the
Historic Preservation Act of 1966 (80 Stat. 915), as amended (16
U.S.C. 470), $41,500,000, to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended,
to remain available for obligation until September 30, 1996.
HeinOnline -- 108 Stat. 2505 1994
108 STAT. 2506
PUBLIC LAW 103-332-SEPT. 30, 1994
CONSTRUCTION
For construction, improvements, repair or replacement of physical facilities, $184,941,000, to remain available until expended:
Provided, That not to exceed $4,500,000 shall be paid to the Army
Corps of Engineers for modifications authorized by section 104
of the Everglades National Park Protection and Expansion Act
of 1989: Provided further, That $256,000 for rehabilitation of the
William McKinley Tomb and $500,000 for the Penn Center shall
be derived from the Historic Preservation Fund pursuant to 16
U.S.C. 470a: Provided further, That notwithstanding any other
provision of law, a single procurement for the construction of the
vessel exhibit at Salem Maritime National Historic Site may be
issued which includes the full scope of the project: Providedfurther,
That the solicitation and the contract shall contain the clause
"availability of funds" found at 48 CFR 52.232.18.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions of the Urban
Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501-2514),
$7,500,000, to remain available until expended.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
16 USC 4601-10a
note.
The contract authority provided for fiscal year 1995 by 16
U.S.C. 4601-10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
4601-4-11), including administrative expenses, and for acquisition
of lands or waters, or interest therein, in accordance with statutory
authority applicable to the National Park Service, $87,936,000,
to be derived from the Land and Water Conservation Fund, to
remain available until expended, of which $4,800,000 is provided
for Federal assistance to the State of Florida pursuant to Public
Law 103-219, and of which $28,000,000 is for the State assistance
program including $3,250,000 to administer the State assistance
program: Provided, That of the amounts previously appropriated
to the Secretary's contingency fund for grants to States $415,000
shall be available in 1995 for administrative expenses of the State
grant program.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be available
for the purchase of not to exceed 467 passenger motor vehicles,
of which 338 shall be for replacement only, including not to exceed
360 for police-type use, 12 buses, and 5 ambulances: Provided,
That none of the funds appropriated to the National Park Service
may be used to process any grant or contract documents which
do not include the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Service may
be used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the
HeinOnline -- 108 Stat. 2506 1994
PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2507
expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full and comprehensive report on the development
of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project: Provided
further, That the first proviso under this head in Public Law 102381 (106 Stat. 1384) is amended by inserting ", not to exceed
$250,000 per incident," after the word "funds" and by inserting
": Provided further, That any exercise of this authority must be
replenished by a supplemental appropriation which must be
requested as promptly as possible" after the word "System".
16 Usc
14d.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topography, geology, hydrology, and the mineral and water resources
of the United States, its Territories and possessions, and other
areas as authorized by law (43 U.S.C. 31, 1332 and 1340); classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; $572,556,000, of which $62,130,000 shall be
available only for cooperation with States or municipalities for
water resources investigations: Provided,That no part of this appropriation shall be used to pay more than one-half the cost of any
topographic mapping or water resources investigations carried on
in cooperation with any State or municipality: Provided further,
That of the offsetting collections credited to this account $546,000
are permanently canceled.
43 USC 50.
WORKING CAPITAL FUND
The first paragraph under this head in Public Law 101-512 43 USC 50a.
is amended as follows: in the second sentence after "work," insert
"facilities,"; and in the third sentence after "include" insert "laboratory modernization and equipment replacement,", after "operations"
insert ", maintenance,", and after "replacement of computer," insert
"publications, scientific instrumentation,".
The second paragraph under this head in Public Law 101512 is amended as follows: in the second proviso after "depreciation 43 USC 50a.
of equipment" insert "and facilities,".
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geological Survey shall be available for purchase of not to exceed 22 passenger
motor vehicles, for replacement only; reimbursement to the General
Services Administration for security guard services; contracting for
the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively
determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facili-
HeinOnline -- 108 Stat. 2507 1994
108 STAT. 2508
PUBLIC LAW 103-332-SEPT. 30, 1994
ties; acquisition of lands for gauging stations and observation wells;
expenses of the United States National Committee on Geology;
and payment of compensation and expenses of persons on the
rolls of the United States Geological Survey appointed, as authorized by law, to represent the United States in the negotiation
and administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as defined
in 31 U.S.C. 6302, et seq.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
43 USC 1338a.
43 USC 1338a
note.
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable
to off, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements;
including the purchase of not to exceed eight passenger motor
vehicles for replacement only; $189,056,000, of which not less than
$68,184,000 shall be available for royalty management activities;
and an amount not to exceed $8,800,000 for the Technical Information Management System of Outer Continental Shelf (OCS) Lands
Activity, to be credited to this appropriation and to remain available
until expended, from additions to receipts resulting from increases
to rates in effect on August 5, 1993, from rate increases to fee
collections for OCS administrative activities performed by the Minerals Management Service over and above the rates in effect on
September 30, 1993, and from additional fees for OCS administrative activities established after September 30, 1993: Provided, That
$1,500,000 for computer acquisitions shall remain available until
September 30, 1996: Provided further, That funds appropriated
under this Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721 (b) and (d): Provided further, That
not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Providedfurther, That notwithstanding any other provision of law,
$15,000 under this head shall be available for refunds of overpayments in connection with certain Indian leases in which the Director
of the Minerals Management Service concurred with the claimed
refund due: Provided further, That the Secretary shall take appropriate action to collect unpaid and underpaid royalties and late
payment interest owed by Federal and Indian mineral lessees and
other royalty payors on amounts received in settlement or other
resolution of disputes under, and for partial or complete termination
of, sales agreements for minerals from Federal and Indian leases:
Provided further, That the fifth proviso under the heading "Leasing
and Royalty Management" for the Minerals Management Service
in Public Law 101-512 (104 Stat. 1926) is amended by striking
the words "or payment of civil penalty" after the words "result
of the forfeiture of a bond or other security" and striking the
words "or imposition of the civil penalty" after the words "rendered
necessary by the action or inaction that led to the forfeiture":
Providedfurther, That where the account title "Leasing and Royalty
Management" appears in any public law, the words "Leasing and
Royalty Management" beginning in fiscal year 1995 and thereafter
HeinOnline -- 108 Stat. 2508 1994
PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2509
shall be construed to mean "Royalty and Offshore Minerals Management".
OIL SPILL RESEARCH
For necessary expenses to carry out the purposes of title I,
section 1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990, $6,452,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
BUREAU OF MINES
MINES AND MINERALS
For expenses necessary for conducting inquiries, technological
investigations, and research concerning the extraction, processing,
use, and disposal of mineral substances without objectionable social
and environmental costs; to foster and encourage private enterprise
in the development of mineral resources and the prevention of
waste in the mining, minerals, metal, and mineral reclamation
industries; to inquire into the economic conditions affecting those
industries; to promote health and safety in mines and the mineral
industry through research; and for other related purposes as authorized by law, $152,719,000, of which $100,065,000, shall remain
available until expended.
ADMINISTRATIVE PROVISIONS
The Secretary is authorized to accept lands, buildings, equipment,
other contributions, and fees from public and private sources, and
to prosecute projects using such contributions and fees in cooperation with other Federal, State or private agencies: Provided, That
the Bureau of Mines is authorized, during the current fiscal year,
to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured
in pilot plants operated by the Bureau of Mines, and the proceeds
of such sales shall be covered into the Treasury as miscellaneous
receipts: Provided further,That notwithstanding any other provision
of law, the Secretary is authorized to convey, without reimbursement, title and all interest of the United States in property and
facilities of the United States Bureau of Mines in Juneau, Alaska
to the City and Borough of Juneau, Alaska; in Tuscaloosa, Alabama,
to The University of Alabama; and in Rolla, Missouri, to the University of Missouri-Rolla.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, including the purchase of not to exceed 15
passenger motor vehicles for replacement only; $110,006,000, and
notwithstanding 31 U.S.C. 3302, an additional amount shall be
credited to this account, to remain available until expended, from
performance bond forfeitures in fiscal year 1995: Provided, That
notwithstanding any other provision of law, the Secretary of the
Interior, pursuant to regulations, may utilize directly or through
grants to States, moneys collected in fiscal year 1995 pursuant
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USC
note.
43
1473a
108 STAT. 2510
30 USC 1211
note.
PUBLIC LAW 103-332-SEPT. 30, 1994
to the assessment of civil penalties under section 518 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268),
to reclaim lands adversely affected by coal mining practices after
August 3, 1977, to remain available until expended: Provided further, That notwithstanding any other provision of law, appropriations for the Office of Surface Mining Reclamation and Enforcement
may provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out the provisions of title
IV of the Surface Mining Control and Reclamation Act of 1977,
Public Law 95-87, as amended, including the purchase of not more
than 22 passenger motor vehicles for replacement only,
$182,772,000 to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That grants to minimum program States will be $1,500,000
per State in fiscal year 1995: Provided further, That of the funds
herein provided up to $18,000,000 may be used for the emergency
program authorized by section 410 of Public Law 95-87, as
amended, of which no more than 25 per centum shall be used
for emergency reclamation projects in any one State and funds
for Federally-administered emergency reclamation projects under
this proviso shall not exceed $11,000,000: Provided further, That
prior year unobligated funds appropriated for the emergency reclamation program shall not be subject to the 25 per centum limitation per State and may be used without fiscal year limitation
for emergency projects: Provided further, That pursuant to Public
Law 97-365, the Department of the Interior is authorized to utilize
up to 20 per centum from the recovery of the delinquent debt
owed to the United States Government to pay for contracts to
collect these debts.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For operation of Indian programs by direct expenditure, contracts, cooperative agreements, and grants including expenses necessary to provide education and welfare services for Indians, either
directly or in cooperation with States and other organizations,
including payment of care, tuition, assistance, and other expenses
of Indians in boarding homes, or institutions, or schools; grants
and other assistance to needy Indians; maintenance of law and
order; management, development, improvement, and protection of
resources and appurtenant facilities under the jurisdiction of the
Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian
industrial and business enterprises; operation of Indian arts and
crafts shops and museums; development of Indian arts and crafts,
as authorized by law; for the general administration of the Bureau
of Indian Affairs, including such expenses in field offices; maintaining of Indian reservation roads as defined in section 101 of title
23, United States Code; and construction, repair, and improvement
of Indian housing, $1,526,778,000, of which $208,000 shall be for
cyclical maintenance of tribally owned fish hatcheries and related
facilities; and of which $297,000 shall be for a grant to the Close
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2511
Up Foundation; and of which not to exceed $95,823,000 shall be
for payments to tribes and tribal organizations for contract support
costs associated with ongoing contracts or grants or compacts
authorized by the Indian Self-Determination Act of 1975, as
amended: Provided, That tribes and tribal contractors may use
their tribal priority allocations for unmet contract support costs
of ongoing contracts, grants or compact agreements; and of which
not to exceed $330,111,000 shall be for school operations costs
of Bureau-funded schools and other education programs which shall
become available for obligation on July 1, 1995, and shall remain
available for obligation until September 30, 1996; and of which
not to exceed $72,580,000 shall be for higher education scholarships,
adult vocational training, and assistance to public schools under
the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C.
452 et seq.), which shall remain available for obligation until
September 30, 1996; and of which $75,902,000 shall remain available until expended, including $16,206,000 for trust funds management, $19,083,000 for housing improvement, $30,169,000 for road
maintenance, $2,332,000 for attorney fees, $1,983,000 for litigation
support, $4,934,000 for self-governance tribal compacts, and
$1,195,000 for the Navajo-Hopi Settlement Program: Provided, That
payments of funds obligated as grants to schools pursuant to Public
Law 100-297 shall be made not later than July 15 and December
1 in lieu of the payments authorized to be made on October 1
and January 1 of each calendar year: Provided further, That funds
made available to tribes and tribal organizations through contracts
or grants obligated during fiscal year 1995 as authorized by the
Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 U.S.C.
450 et seq.), or grants authorized by the Indian Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain available
until expended by the contractor or grantee: Providedfurther, That
of the funds provided, $7,500,000 shall remain available until
expended, for the Indian Self-Determination Fund, which shall be
available for the transitional costs of initial or expanded tribal
contracts, grants or cooperative agreements with the Bureau of
Indian Affairs under the provisions of the Indian Self-Determination
Act: Provided further, That none of the funds appropriated to the
Bureau of Indian Affairs shall be expended as matching funds
for programs funded under section 103(b)(2) of the Carl D. Perkins
Vocational Education Act: Provided further, That none of the funds
in this Act shall be used by the Bureau of Indian Affairs to transfer
funds under a contract with any third party for the management
of tribal or individual Indian trust funds until the funds held
in trust for all such tribes or individuals have been audited and
reconciled to the earliest possible date, the results of such reconciliation have been certified by an independent party as the most
complete reconciliation of such funds possible, and the affected
tribe or individual has been provided with an accounting of such
funds: Provided further, That notwithstanding any other provision
of law, the statute of limitations shall not commence to run on
any claim, including any claim in litigation pending on the date
of this Act, concerning losses to or mismanagement of trust funds,
until the affected tribe or individual Indian has been furnished
with the accounting of such funds from which the beneficiary can
determine whether there has been a loss: Provided further, That
to provide funding uniformity within a Self-Governance Compact,
any funds provided in this Act with availability for more than
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108 STAT. 2512
PUBLIC LAW 103-332-SEPT. 30, 1994
one year may be reprogrammed to one year availability but shall
remain available within the Compact until expended: Providedfurther, That notwithstanding any other provision of law, Indian tribal
governments may, by appropriate changes in eligibility criteria
or by other means, change eligibility for general assistance or
change the amount of general assistance payments for individuals
within the service area of such tribe who are otherwise deemed
eligible for general assistance payments so long as such changes
are applied in a consistent manner to individuals similarly situated:
Provided further, That any savings realized by such changes shall
be available for use in meeting other priorities of the tribes: Provided further, That any such change must be part of a comprehensive tribal plan for reducing the long-term need for general assistance payments: Provided further, That any such tribal plan must
incorporate, to the greatest extent feasible, currently existing social
service, educational training, and employment assistance resources
prior to changing general assistance eligibility or payment standards which would have the effect of increasing the cost of general
assistance: Provided further, That any net increase in costs to
the Federal government which result solely from tribally increased
payment levels and which are not part of such a comprehensive
tribal plan shall be met exclusively from funds available to the
tribe from within its tribal priority allocation: Provided further,
That any forestry funds allocated to a tribe which remain unobligated as of September 30, 1995, may be transferred during fiscal
year 1996 to an Indian forest land assistance account established
for the benefit of such tribe within the tribe's trust fund account:
Provided further, That any such unobligated balances not so transferred shall expire on September 30, 1996: Provided further, That
notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs, other than the amounts provided
herein for assistance to public schools under the Act of April 16,
1934 (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall
be available to support the operation of any elementary or secondary
school in the State of Alaska in fiscal year 1995: Provided further,
That within the funds contained in this Act, only the following
new schools may receive initial funding pursuant to the provisions
of 25 U.S.C. 2001(k) or 2505(a)(1)(C) and (D): Trenton and Sault
Ste. Marie: Provided further, That the Secretary shall establish
a Joint Working Group on ISEP Funds Allocation to consult with
Indian tribes and schools on improving the basis for allocating
Indian School Equalization Program funds: Provided further, That
funds made available in this or any other Act for expenditure
through September 30, 1996 for schools funded by the Bureau
of Indian Affairs shall be available only to the 187 schools which
will be in the Bureau of Indian Affairs school system as of September 1, 1995.
CONSTRUCTION
For construction, major repair, and improvement of irrigation
and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition
of lands and interests in lands; and preparation of lands for farming,
$130,270,000, to remain available until expended: Provided, That
$1,500,000 of the funds made available in this Act shall be available
for rehabilitation of tribally owned fish hatcheries and related facilities: Provided further, That such amounts as may be available
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2513
for the construction of the Navajo Indian Irrigation Project and
for other water resource development activities related to the
Southern Arizona Water Rights Settlement Act may be transferred
to the Bureau of Reclamation: Provided further, That not to exceed
6 per centum of contract authority available to the Bureau of
Indian Affairs from the Federal Highway Trust Fund may be used
to cover the road program management costs of the Bureau of
Indian Affairs: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made
available on a non-reimbursable basis: Provided further, That not
to exceed $6,000,000 of contract authority and liquidating cash
available in fiscal year 1995 from the Federal Highway Trust Fund
may be used for the acquisition of road construction equipment:
Provided further, That funds currently obligated for rehabilitation
and construction on the Gila River Indian Reservation may be
used to purchase and pump water during fiscal year 1995: Provided
further, That for the fiscal year ending September 30, 1995, in
implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as amended,
the Secretary of the Interior shall use the Administrative and
Audit Requirements and Cost Principles for Assistance Programs
contained in 43 CFR part 12 as the regulatory requirements: Provided further, That such grants shall not be subject to section
12.61 of 43 CFR; the Secretary and the grantee shall negotiate
and determine a schedule of payments for the work to be performed;
and the funds shall be disbursed in not more than two payments
per year: Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal organization would be deficient in assuring that the construction projects
conform to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by 25
U.S.C. 2005(a), with respect to organizational and financial management capabilities: Provided further, That if the Secretary declines
an application, the Secretary shall follow the requirements contained in 25 U.S.C. 2505(f): Provided further, That any disputes
between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $77,096,000, to remain
available until expended; of which $73,051,000 shall be available
for implementation of enacted Indian land and water claim settlements pursuant to Public Laws 87-483, 97-293, 101-618, 102374, 102-441, 102-575, and 103-116, and for implementation of
other enacted water rights settlements, including not to exceed
$8,000,000, which shall be for the Federal share of the Catawba
Indian Tribe of South Carolina Claims Settlement, as authorized
by section 5(a) of Public Law 103-116; and of which $1,045,000
shall be available pursuant to Public Laws 98-500, 99-264, and
100-580; and of which $3,000,000 shall be available (1) to liquidate
obligations owed tribal and individual Indian payees of any checks
canceled pursuant to section 1003 of the Competitive Equality Banking Act of 1987 (Public Law 100-86 (101 Stat. 659)), 31 U.S.C.
3334(b), (2) to restore to Individual Indian Monies trust funds,
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108 STAT. 2514
PUBLIC LAW 103-332-SEPT. 30, 1994
Indian Irrigation Systems, and Indian Power Systems accounts
amounts invested in credit unions or defaulted savings and loan
associations and which were not Federally insured, including any
interest on these amounts that may have been earned, but was
not because of the default, and (3) to reimburse Indian trust fund
account holders for losses to their respective accounts where the
claim for said loss(es) has been reduced to a judgment or settlement
agreement approved by the Department of Justice.
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, $2,000,000, to remain available until
expended.
TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES
For payment of management and technical assistance requests
associated with loans and grants approved under the Indian Financing Act of 1974, as amended, $1,970,000.
INDIAN DIRECT LOAN PROGRAM ACCOUNT
For the cost, as defined in section 13201 of the Budget Enforcement Act of 1990, including the cost of modifying loans, of expert
assistance loans authorized by the Act of November 4, 1963, as
amended, and the cost of direct loans authorized by the Indian
Financing Act of 1974, as amended, $2,484,000: Provided, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $10,890,000.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $8,784,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That these funds are available to
subsidize total loan principal any part of which is to be guaranteed
not to exceed $46,900,000.
In addition, for administrative expenses necessary to carry
out the guaranteed loan program, $906,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance
fund, the Technical Assistance of Indian Enterprises account, the
Indian Direct Loan Program account, and the Indian Guaranteed
Loan Program account) shall be available for expenses of exhibits,
and purchase of not to exceed 255 passenger carrying motor
vehicles, of which not to exceed 210 shall be for replacement only.
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2515
TERRITORIAL AND INTERNATIONAL AFFAIRS
ADMINISTRATION OF TERRITORIES
For expenses necessary for the administration of territories
under the jurisdiction of the Department of the Interior, $80,239,000
of which (1) $75,962,000 shall be available until expended for technical assistance, including maintenance assistance, disaster assistance, drug interdiction and abuse prevention, insular management
controls, and brown tree snake control and research; grants to
the judiciary in American Samoa for compensation and expenses,
as authorized by law (48 U.S.C. 1661(c)); grants to the Government
of American Samoa, in addition to current local revenues, for
construction and support of governmental functions; grants to the
Government of the Virgin Islands as authorized by law; grants
to the Government of Guam, as authorized by law; and grants
to the Government of the Northern Mariana Islands as authorized
by law (Public Law 94-241; 90 Stat. 272); and (2) $4,277,000 shall
be available for salaries and expenses of the Office of Territorial
and International Affairs: Provided, That all financial transactions
of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established
or utilized by such governments, may be audited by the General
Accounting Office, at its discretion, in accordance with chapter
35 of title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 99-396, or any subsequent
legislation related to Commonwealth of the Northern Mariana
Islands Covenant grant funding, except that should the Secretary
of the Interior believe that the performance standards of such
agreement are not being met, operations funds may be withheld,
but only by Act of Congress as required by Public Law 99-396:
Provided further, That $1,025,000 of the amounts provided for.technical assistance shall be available for a grant to the Close Up
Foundation: 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): Provided further, That
any appropriation for disaster assistance under this head in this
Act or previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants provided
pursuant to section 404 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170c).
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48 USC 1469b.
108 STAT. 2516
PUBLIC LAW 103-332-SEPT. 30, 1994
TRUST TERRITORY OF THE PACIFIC ISLANDS
48 USC 1683.
For expenses necessary for the Department of the Interior
in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution
of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954
(68 Stat. 330), as amended (90 Stat. 299; 91 Stat. 1159; 92 Stat.
495), and grants to the Trust Territory of the Pacific Islands,
in addition to local revenues, for support of governmental functions,
$19,838,000 to be available until expended, including $18,464,000
for operations of the Government of Palau: Provided, That all financial transactions of the Trust Territory, including such transactions
of all agencies or instrumentalities established or utilized by such
Trust Territory, may be audited by the General Accounting Office,
at its discretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That all Government operations
funds appropriated and obligated for the Republic of Palau under
this account for fiscal year 1995, except for $692,000 for special
programs, shall be credited as an off-set against fiscal year 1995
payments made pursuant to the Compact of Free Association (Public
Law 99-658), if such Compact is implemented before October 1,
1995: Provided further, That not less than $300,000 of the grants
to the Republic of Palau, for support of governmental functions,
shall be dedicated to the College of Micronesia in accordance with
the agreement between the Micronesian entities.
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for the Federated States of Micronesia and the Republic of the Marshall Islands
as provided for in sections 122, 221, 223, 232, and 233 of the
Compacts of Free Association, $24,602,000, to remain available
until expended, as authorized by Public Law 99-239: Provided,
That the effective date of the Palau Compact for purposes of economic assistance pursuant to the Palau Compact of Free Association, Public Law 99-658, shall be the effective date of the Palau
Compact as determined pursuant to section 101 of Public Law
101-219.
DEPARTMENTAL OFFICES
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary of the
Interior, $62,599,000 of which not to exceed $7,500 may be for
official reception and representation expenses: Provided, That of
the offsetting collections credited to this account, $1,184,000 are
permanently canceled.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary
$34,674,000.
expenses
of the
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Office' of the
Solicitor,
PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2517
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$23,985,000.
CONSTRUCTION MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses of the Office of Construction Management, $2,000,000.
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.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 18 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess surplus property: Provided,
That notwithstanding any other provision of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft: Provided further, That no programs funded with appropriated funds
in the "Office of the Secretary", "Office of the Solicitor", and "Office
of Inspector General" may be augmented through the Working
Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section are hereby designated by Congress to be "emergency
requirements" pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985 and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of forest
or range fires on or threatening lands under the jurisdiction of
the Department of the Interior; for the emergency rehabilitation
of burned-over lands under its jurisdiction; for emergency actions
related to potential or actual earthquakes, floods, volcanoes, storms,
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108 STAT. 2518
PUBLIC LAW 103-332-SEPT. 30, 1994
or other unavoidable causes; for contingency planning subsequent
to actual oilspills; response and natural resource damage assessment activities related to actual oilspills; for the prevention,
suppression, and control of actual or potential grasshopper and
Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 1773(b) of Public
Law 99-198 (99 Stat. 1658); for emergency reclamation projects
under section 410 of Public Law 95-87; and shall transfer, from
any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining
Act: Provided, That appropriations made in this title for fire
suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for fire suppression
purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further,
That for emergency rehabilitation and wildfire suppression activities, no funds shall be made available under this authority until
funds appropriated to the "Emergency Department of the Interior
Firefighting Fund" shall have been exhausted: Provided further,
That all funds used pursuant to this section are hereby designated
by Congress to be "emergency requirements" pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and must be replenished by a supplemental appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse,
on a pro rata basis, accounts from which emergency funds were
transferred.
SEC. 103. Appropriations made in this title shall be available
for operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized
by sections 1535 and 1536 of title 31, U.S.C.: Provided, That
reimbursements for costs and supplies, materials, equipment, and
for services rendered may be credited to the appropriation current
at the time such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members
only or at a price to members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-5902
and D.C. Code 4-204).
SEC. 106. Appropriations made in this title shall be available
for obligation in connection with contracts issued for services or
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108 STAT. 2519
rentals for periods not in excess of twelve months beginning at
any time during the fiscal year.
SEC. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore leasing
and related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of Northern,
Central, and Southern California; the North Atlantic; Washington
and Oregon; and the Eastern Gulf of Mexico south of 26 degrees
north latitude and east of 86 degrees west longitude.
SEC. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of leasing, or
the approval or permitting of any drilling or other exploration
activity, on lands within the North Aleutian Basin planning area.
SEC. 109. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Eastern Gulf of Mexico for Outer
Continental Shelf Lease Sale 151 in the Outer Continental Shelf
Natural Gas and Oil Resource Management Comprehensive Program, 1992-1997.
SEC. 110. No funds provided in this title may be expended
by the Department of the Interior for the conduct of preleasing
and leasing activities in the Atlantic for Outer Continental Shelf
Lease Sale 164 in the Outer Continental Shelf Natural Gas and
Oil Resource Management Comprehensive Program, 1992-1997.
SEC. 111. None of the funds in this Act may be used to publish
a National final rule defining the term "valid existing rights" for
purposes of section 522(e) of the Surface Mining Control and Reclamation Act of 1977 or to publish a final rule disapproving any
existing State definition of valid existing rights.
SEC. 112. If the House-Senate Conference Committee on H.R.
322 fails to report legislation which is enacted prior to the adjournment of the 103d Congress sine die, none of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated
or expended to accept or process applications for a patent for any
mining or mill site claim located under the general mining laws
or to issue a patent for any mining or mill site claim located
under the general mining laws.
SEC. 113. The provisions of section 112 shall not apply if the
Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
the date of enactment of this Act, and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30
U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330,
2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and
37) for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
SEC. 114. Of the offsetting collections credited to public enterprise fund numbered 14-4053 in fiscal year 1995, $38,000 is permanently canceled as a result of procurement cost savings.
SEC. 115. Notwithstanding any other provision of law, in fiscal
year 1995 and thereafter, appropriations made to the Department
of the Interior in this title may be used to fund incrementally
research work orders for cooperative agreements with colleges and
universities, State agencies, and nonprofit organizations that overlap fiscal years: Provided, That such cooperative agreements shall
HeinOnline -- 108 Stat. 2519 1994
43 USC 1471f.
108 STAT. 2520
PUBLIC LAW 103-332-SEPT. 30, 1994
contain a statement that "the obligation of funds for future
incremental payments shall be subject to the availability of funds.".
TITLE II-RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST RESEARCH
For necessary expenses of forest research as authorized by
law, $200,130,000, to remain available until September 30, 1996.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and providing technical and financial assistance to States, Territories, possessions,
and others and for forest pest management activities, cooperative
forestry and education and land conservation activities,
$161,264,000, to remain available until expended, as authorized
by law.
EMERGENCY PEST SUPPRESSION FUND
For necessary expenses for emergency suppression of pests,
$17,000,000, to remain available until expended: Provided, That
these funds, or any portion thereof, shall be available in fiscal
year 1995 only to the extent that the President notifies the Congress
of his designation of any or all of these amounts as emergency
requirements under section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further, That
Congress hereby designates these amounts as emergency requirements pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
INTERNATIONAL FORESTRY
For necessary expenses of international forestry as authorized
by Public Laws 101-513 and 101-624, $7,000,000, to remain available until September 30, 1996.
NATIONAL FOREST SYSTEM
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, for ecosystem planning, inventory, and monitoring, and for administrative expenses associated
with the management of funds provided under the heads "Forest
Research", "State and Private Forestry", "National Forest System",
"Construction", "Forest Service Fire Protection", "Emergency Forest
Service Firefighting Fund", and "Land Acquisition" $1,345,112,000,
to remain available for obligation until September 30, 1996, and
including 65 per centum of all monies received during the prior
fiscal year as fees collected under the Land and Water Conservation
Fund Act of 1965, as amended, in accordance with section 4 of
the Act (16 U.S.C. 4601-6a(i)): Provided, That unobligated and
unexpended balances in the National Forest System account at
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2521
the end of fiscal year 1994, shall be merged with and made a
part of the fiscal year 1995 National Forest System appropriation,
and shall remain available for obligation until September 30, 1996:
Provided further, That up to $5,000,000 of the funds provided
herein for road maintenance shall be available for the planned
obliteration of roads which are no longer needed: Provided further,
That funds in the amount of $12,000,000 provided under this head
in prior years' appropriations Acts for fire management are
rescinded: Provided further, That timber volume authorized or
scheduled for sale during fiscal year 1994, but which remains unsold
at the end of fiscal year 1994, shall be offered for sale during
fiscal year 1995 in addition to the fiscal year 1995 timber sale
volume to the extent possible.
FOREST SERVICE FIRE PROTECTION
For necessary expenses for firefighting on or adjacent to
National Forest System lands or other lands under fire protection
agreement, and for forest fire management and presuppression
on National Forest System lands, $159,590,000, to remain available
until expended: Provided, That unexpended balances of amounts
previously appropriated for this purpose under the heading "Forest
ervice Firefighting", Forest Service, may be transferred to and
merged with this appropriation and accounted for as one appropriation for the same time period as originally enacted.
EMERGENCY FOREST SERVICE FIREFIGHTING FUND
For necessary expenses for emergency rehabilitation,
presuppression due to emergencies or economic efficiency, and wildfire suppression activities of the Forest Service, $226,200,000, to
remain available until expended: Provided, That such funds are
available for repayment of advances from other appropriation
accounts previously transferred for such purposes.
For an additional amount to cover necessary expenses for emergency rehabilitation, presuppression due to emergencies, and wildfire suppression activities of the Forest Service, $200,000,000, to
remain available until expended: Provided, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 252(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
In addition, for necessary expenses for emergency rehabilitation, presuppression due to emergencies, and wildfire suppression
activities of the Forest Service, $250,000,000, to remain available
until expended: Provided, That these funds, or any portion thereof,
shall be available only (1) to the extent that the President notifies
the Congress of his designation of any or all of these amounts
as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and (2) if the
amounts annually appropriated under this heading, but not designated as emergency requirements pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, have been at least equal to the
most recent ten-year historical average, less any enacted cost saving
program reforms: Provided further, That the entire amount is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
79-194 0-95-25: QL 3 Part 3
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108 STAT. 2522
PUBLIC LAW 103-332-SEPT. 30, 1994
CONSTRUCTION
For necessary expenses of the Forest Service, not otherwise
provided for, for construction, $203,186,000, to remain available
until expended, of which $71,443,000 is for construction and acquisition of buildings and other facilities; and $131,743,000 is for
construction and repair of forest roads and trails by the Forest
Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That funds becoming available in fiscal year
1994 under the Act of March 4, 1913 (16 U.S.C. 501) shall be
transferred to the General Fund of the Treasury of the United
States: Provided further, That not to exceed $50,000,000, to remain
available until expended, may be obligated for the construction
of forest roads by timber purchasers.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
4601-4-11), including administrative expenses, and for acquisition
of land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $65,436,000, to be derived
from the Land and Water Conservation Fund, to remain available
until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,252,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, to be derived from funds deposited
by State, county, or municipal governments, public school districts,
or other public school authorities pursuant to the Act of December
4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 per centum of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on lands
in National Forests in the sixteen Western States, pursuant to
section 401(b)(1) of Public Law 94-579, as amended, to remain
available until expended, of which not to exceed 6 per centum
shall be available for administrative expenses associated with onthe-ground range rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $89,000, to
remain available until expended, to be derived from the fund established pursuant to the above Act.
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2523
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 156 passenger
motor vehicles of which 15 will be used primarily for law enforcement purposes and of which 148 shall be for replacement only;
acquisition of 79 passenger motor vehicles from excess sources,
and hire of such vehicles; operation and maintenance of aircraft,
the purchase of not to exceed two for replacement only, and acquisition of 14 aircraft from excess sources; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft; (b) services pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and not to exceed $100,000 for employment under
5 U.S.C. 3109; (c) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (d) acquisition
of land, waters, and interests therein, pursuant to the Act of August
3, 1956 (7 U.S.C. 428a); (e) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a
note); and (f) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to change the boundaries of any region,
to abolish any region, to move or close any regional office for
research, State and private forestry, or National Forest System
administration of the Forest Service, Department of Agriculture,
without the consent of the House and Senate Committees on Appropriations and the Committee on Agriculture, Nutrition, and Forestry
in the United States Senate and the Committee on Agriculture
in the United States House of Representatives.
Any appropriations or funds available to the Forest Service
may be advanced to the Forest Service Firefighting appropriation
and may be used for forest firefighting and the emergency
rehabilitation of burned-over lands under its jurisdiction: Provided,
That no funds shall be made available under this authority until
funds appropriated to the 'Emergency Forest Service Firefighting
Fund" shall have been exhausted.
The appropriation structure for the Forest Service may not
be altered without advance approval of the House and Senate
Committees on Appropriations.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development and the Office of International Cooperation and Development
in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available
to support forestry and related natural resource activities outside
the United States and its territories and possessions, including
technical assistance, education and training, and cooperation with
United States and international organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b unless the proposed transfer is
approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in the report accompanying this Act.
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108 STAT. 2524
PUBLIC LAW 103-332-SEPT. 30, 1994
No funds appropriated to the Forest Service shall be transferred
to the Working Capital Fund of the Department of Agriculture
without the approval of the Chief of the Forest Service.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service may be used to disseminate
program information to private and public individuals and organizations through the use of nonmonetary items of nominal value and
to provide nonmonetary awards of nominal value and to incur
necessary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to Forest
Service programs.
Notwithstanding any other provision of law, money collected,
in advance or otherwise, by the Forest Service under authority
of section 101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of administrative and other costs incurred in processing pipeline right-of-way or permit applications and for costs incurred in
monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities, may be used to
reimburse the applicable appropriation to which such costs were
originally charged.
Funds available to the Forest Service shall be available to
conduct a program of 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 by Public Law 93-408.
None of the funds available in this Act shall be used for
timber sale preparation using clearcutting in hardwood stands in
excess of 25 percent of the fiscal year 1989 harvested volume
in the Wayne National Forest, Ohio: Provided, That this limitation
shall not apply to hardwood stands damaged by natural disaster:
Provided further, That landscape architects shall be used to maintain a visually pleasing forest.
Any money collected from the States for fire suppression assistance rendered by the Forest Service on non-Federal lands not
in the vicinity of National Forest System lands shall be used to
reimburse the applicable appropriation and shall remain available
until expended as the Secretary may direct in conducting activities
authorized by 16 U.S.C. 2101 (note), 2101-2110 1606, and 2111.
Of the funds available to the Forest Service, 1,500 is available
to the Chief of the Forest Service for official reception and representation expenses.
Notwithstanding any other provision of law, the Forest Service
is authorized to employ or otherwise contract with persons at regular rates of pay, as determined by the Service, to perform work
occasioned by emergencies such as fires, storms, floods, earthquakes
or any other unavoidable cause without regard to Sundays, Federal
holidays, and the regular workweek.
To the greatest extent possible, and in accordance with the
Final Amendment to the Shawnee National Forest Plan, none of
the funds available in this Act shall be used for preparation of
timber sales using clearcutting or other forms of even aged management in hardwood stands in the Shawnee National Forest, Illinois.
None of the funds made available in this Act shall be used
for timber sale planning or scoping using clearcutting in the
Ouachita and Ozark-St. Francis National Forests in Arkansas,
except for sales that are necessary as a result of natural disaster
or a threat to forest health, or for maintaining or enhancing wildlife
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2525
habitat, or habitat for endangered and threatened species, or for
research purposes.
Pursuant to section 405(b), and section 410(b) of Public Law
101-593, of the funds available to the Forest Service, up to
$1,000,000 for matching funds shall be available for the National
Forest Foundation.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
The first paragraph under this head in Public Law 101-512,
as amended, is further amended by striking the phrase
"$100,000,000 on October 1, 1994, and $50,000,000 on October
1, 1995" and inserting "$18,000,000 on October 1, 1994,
$100,000,000 on October 1, 1995, and $32,000,000 on October 1,
1996"; and by striking the phrase "$275,000,000 on October 1,
1994, and $100,000,000 on October 1, 1995" and inserting
"$19,121,000 on October 1, 1994, $100,000,000 on October 1, 1995,
and $255,879,000 on October 1, 1996": Provided, That not to exceed
$18,000,000 available in fiscal year 1995 may be used for administrative oversight of the Clean Coal Technology program.
104 Stat. 1944.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out fossil energy research
and development activities, under the authority of the Department
of Energy Organization Act (Public Law 95-91), including the
acquisition of interest, including defeasible and equitable interests
in any real property or any facility or for plant or facility acquisition
or expansion, $442,614,000, to remain available until expended,
of which $17,000,000 shall be derived by transfer of unobligated
balances from the "SPR petroleum account": Provided, That no
part of the sum herein made available shall be used for the field
testing of nuclear explosives in the recovery of oil and gas.
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER OF FUNDS)
Monies received as investment income on the principal amount
in the Great Plains Project Trust at the Norwest Bank of North
Dakota, in such sums as are earned as of October 1, 1994, shall
be deposited in this account and immediately transferred to the
General Fund of the Treasury. Monies received as revenue sharing
from the operation of the Great Plains Gasification Plant shall
be immediately transferred to the General Fund of the Treasury.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petroleum and
oil shale reserve activities, $187,406,000, to remain available until
expended: Provided, That the requirements of 10 U.S.C.
7430(b)(2)(B) shall not apply in fiscal year 1995.
HeinOnline -- 108 Stat. 2525 1994
10 USC 7430
note.
108 STAT. 2526
PUBLIC LAW 103-332-SEPT. 30, 1994
ENERGY CONSERVATION
For necessary expenses in carrying out energy conservation
activities, $793,194,000, to remain available until expended, including, notwithstanding any other provision of law, the excess amount
for fiscal year 1995 determined under the provisions of section
3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That
$278,399,000 shall be for use in energy conservation programs
as defined in section 3008(3) of Public Law 99-509 (15 U.S.C.
4507) and shall not be available until excess amounts are determined under the provisions of section 3003(d) of Public Law 99509 (15 U.S.C. 4502): Provided further, That notwithstanding section 3003(d)(2) of Public Law 99-509 such sums shall be allocated
to the eligible programs as follows: $226,800,000 for the weatherization assistance program, $22,539,000 for the State energy conservation program, and $29,060,000 for the institutional conservation
program.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities of the
Economic Reg latory Administration and the Office of Hearings
and Appeals, $12,437,000, to remain available until expended.
EMERGENCY PREPAREDNESS
For necessary expenses in carrying out emergency preparedness
activities, $8,249,000, to remain available until expended.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities
pursuant to the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6201 et seq.), $244,011,000, to remain available
until expended, of which $90,764,000 shall be derived by transfer
of unobligated balances from the "SPR petroleum account": Provided, That appropriations herein made shall not be available for
leasing of facilities for the storage of crude oil for the Strategic
Petroleum Reserve unless the quantity of oil stored in or deliverable
to Government-owned storage facilities by virtue of contractual
obligations is equal to 700,000,000 barrels.
SPR PETROLEUM ACCOUNT
Notwithstanding 42 U.S.C. 6240(d) the United States share
of crude oil in Naval Petroleum Reserve Numbered 1 (Elk Hills)
may be sold or otherwise disposed of to other than the Strategic
Petroleum Reserve: Provided, That outlays in fiscal year 1995
resulting from the use of funds in this account shall not exceed
$9,000,000.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities of the
Energy Information Administration, $84,728,000, to remain available until expended: Provided, That, notwithstanding section 4(d)
of the Service Contract Act of 1965 (41 U.S.C. 353(d)) or any
other provision of law, funds appropriated under this heading may
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2527
be used to enter into a contract for end use consumption surveys
for a term not to exceed eight years.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal year shall
be available for hire of passenger motor vehicles; hire, maintenance,
and operation of aircraft; purchase, repair, and cleaning of uniforms;
and reimbursement to the General Services Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of Energy
under this Act shall be used to implement or finance authorized
price support or loan guarantee programs unless specific provision
is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and
to prosecute projects in cooperation with other agencies, Federal,
State, private, or foreign: Provided, That revenues and other moneys
received by or for the account of the Department of Energy or
otherwise generated by sale of products in connection with projects
of the Department appropriated under this Act may be retained
by the Secretary of Energy, to be available until expended, and
used only for plant construction, operation, costs, and payments
to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into
the Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the Secretary pursuant to this authority shall not be executed prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment
of more than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the President
of the Senate of a full comprehensive report on such project, including the facts and circumstances relied upon in support of the
proposed project.
The Secretary of Energy may transfer to the Emergency
Preparedness appropriation such funds as are necessary to meet
any unforeseen emergency needs from any funds available to the
Department of Energy from this Act.
No funds provided in this Act may be expended by the Department of Energy to prepare, issue, or process procurement documents
for programs or projects for which appropriations have not been
made.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles III and XXVII and section 208
of the Public Health Service Act with respect to the Indian Health
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Reports.
108 STAT. 2528
PUBLIC LAW 103-332--SEPT. 30, 1994
Service, $1,713,052,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 300aaa-2 for services furnished by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through contracts, grant
agreements, or any other agreements or compacts authorized by
the Indian Self-Determination and Education Assistance Act of
1975 (88 Stat. 2203; 25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That $12,000,000 shall remain
available until expended, for the Indian Catastrophic Health Emergency Fund: Provided further, That $351,258,000 for contract medical care shall remain available for obligation until September 30,
1996: Provided further, That of the funds provided, not less than
$11,603,000 shall be used to carry out the loan repayment program
under section 108 of the Indian Health Care Improvement Act,
as amended: Provided further, That funds provided in this Act
may be used for one-year contracts and grants which are to be
performed in two fiscal years, so long as the total obligation is
recorded in the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the Indian
Health Care Improvement Act shall be available for two fiscal
years after the fiscal year in which they were collected, for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That of the funds provided, $7,500,000 shall
remain available until expended, for the Indian Self-Determination
Fund, which shall be available for the transitional costs of initial
or expanded tribal contracts, grants or cooperative agreements with
the Indian Health Service under the provisions of the Indian SelfDetermination Act: Providedfurther,That funding contained herein,
and in any earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25 U.S.C. 1613)
shall remain available for obligation until September 30, 1996:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement
Act, as amended, shall be reported and accounted for and available
to the receiving tribes and tribal organizations until expended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act and the Indian Health Care Improvement Act,
and for expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian
Health Care Improvement Act, and titles III and XXVII and section
208 of the Public Health Service Act with respect to environmental
health and facilities support activities of the Indian Health Service,
$253,767,000, to remain available until expended: Provided, That
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2529
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction or renovation of health facilities for the benefit of an Indian tribe or tribes may be used to
purchase land for sites to construct, improve, or enlarge health
or related facilities: Provided further, That notwithstanding any
other provision of law a single procurement for the construction
of the Fort Belknap, Montana health center and satellite clinic
and a single procurement for construction of the White Earth,
Minnesota health center may be issued which includes the full
scope of the project: Provided further, That the solicitation and
the contract shall contain the clause "availability of funds" found
at 48 CFR 52.232.18.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by law (5 U.S.C. 5901-5902);
and for expenses of attendance at meetings which are concerned
with the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided, That in
accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at
all tribally administered or Indian Health Service facilities, subject
to charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651-53) shall
be credited to the account of the facility providing the service
and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public
Law 86-121 (the Indian Sanitation Facilities Act) and Public Law
93-638, as amended: Provided further, That funds appropriated
to the Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be subject
to limitations directed at curtailing Federal travel and transportation: Provided further, That the Indian Health Service shall nei- 25 USC 1681.
ther bill nor charge those Indians who may have the economic
means to pay unless and until such time as Congress has agreed
upon a specific policy to do so and has directed the Indian Health
Service to implement such a policy: Provided further, That, notwithstanding any other provision of law, funds previously or herein
made available to a tribe or tribal organization through a contract,
grant or agreement authorized by title I of the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203;
25 U.S.C. 450), may be deobligated and reobligated to a self-governance funding agreement under title III of the Indian Self-Determination and Education Assistance Act of 1975 and thereafter shall
remain available to the tribe or tribal organization without fiscal
HeinOnline -- 108 Stat. 2529 1994
108 STAT. 2530
25 Usc 1638c.
25 USC 1638d.
PUBLIC LAW 103-332-SEPT. 30, 1994
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used
to implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human
Services, relating to eligibility for the health care services of the
Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included in
an appropriations Act and enacted into law: Provided further, That
funds made available in this Act are to be apportioned to the
Indian Health Service as appropriated in this Act, and accounted
for in the appropriation structure set forth in this Act: Provided
further, That the appropriation structure for the Indian Health
Service may not be altered without the advance approval of the
House and Senate Committees on Appropriations: Provided further,
That in fiscal year 1995 and thereafter (a) the Secretary may
enter into personal services contracts with entities, either individuals or organizations, for the provision of services in facilities
owned, operated or constructed under the jurisdiction of the Indian
Health Service; (b) the Secretary may exempt such a contract from
competitive contracting requirements upon adequate notice of
contracting opportunities to individuals and organizations residing
in the geographic vicinity of the health facility; (c) consideration
of individuals and organizations shall be based solely on the qualifications established for the contract and the proposed contract
price; and (d) individuals providing health care services pursuant
to these contracts are covered by the Federal Tort Claims Act:
Provided further, That notwithstanding any other provision of law,
the Indian Health Service clinic in Stilwell, Oklahoma shall be
known and designated as the "Wilma P. Mankiller Indian Health
Clinic": Provided further, That any reference in a law, regulation,
document, record, map, or other paper of the United States to
the clinic referenced in the preceding proviso shall be deemed
to be a reference to the "Wilma P. Mankller Indian Health Clinic":
Provided further, That funds appropriated in fiscal year 1994 to
increase the level of need funded for the Ponca Tribe of Nebraska
may be used to purchase land with an existing improvement to
be used as a tribally owned health care facility: Provided further,
That the Secretary, acting through the Indian Health Service, may
contract with the Southcentral Foundation for the operation of
the Dena A Coy substance abuse treatment program in Anchorage,
Alaska under the authority of Public Law 93-638, the Indian SelfDetermination Act, 25 U.S.C. 450: Provided further, That money
heretofore and hereafter collected for meals served at Indian Health
Service facilities will be credited to the appropriations from which
the services were furnished and shall be credited to the appropriation when received.
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent not otherwise
provided, title VI of the Elementary and Secondary Education Act
of 1965, as amended, including, to the extent determined necessary
by the Secretary, continuing projects begun under the Indian Edu-
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2531
cation Act of 1988, $83,500,000: Provided, That $1,735,000 available
pursuant to section 6203 of the Act shall remain available for
obligation until September 30, 1996.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND Hopi INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $24,936,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d-10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND
ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by Public
Law 99-498, as amended (20 U.S.C. 56, Part A), $11,213,000:
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: Provided further, That
the Institute shall act as its own certifying officer.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed thirty years), and protection of buildings, facilities, and approaches; not to exceed $100,000 for services
as authorized by 5 U.S.C. 3109; up to 5 replacement passenger
vehicles; purchase, rental, repair, and cleaning of uniforms for
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108 STAT. 2532
PUBLIC LAW 103-332-SEPT. 30, 1994
employees; $314,454,000, of which not to exceed $32,000,000 for
the instrumentation program, collections acquisition, Museum Support Center equipment and move, exhibition reinstallation, the
National Museum of the American Indian, the repatriation of skeletal remains program, research equipment, information management, and Latino programming shall remain available until
expended and, including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for
the Council of American Overseas Research Centers: Provided,That
funds appropriated herein are available for advance payments to
independent contractors performing research services or participating in official Smithsonian presentations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK
For necessary expenses of planning, construction, remodeling,
and equipping of buildings and facilities at the National Zoological
Park, by contract or otherwise, $4,050,000, to remain available
until expended.
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of buildings
owned or occupied by the Smithsonian Institution, by contract or
otherwise, as authorized by section 2 of the Act of August 22,
1949 (63 Stat. 623), including not to exceed $10,000 for services
as authorized by 5 U.S.C. 3109, $24,000,000, to remain available
until expended: Provided, That contracts awarded for environmental
systems, protection systems, and exterior repair or restoration of
buildings of the Smithsonian Institution may be negotiated with
selected contractors and awarded on the basis of contractor qualifications as well as price.
CONSTRUCTION
For necessary expenses for construction, $29,300,000, to remain
available until expended: Provided,That notwithstanding any other
provision of law, a single procurement for the construction of the
ational Museum of the American Indian Cultural Resources Center may be issued which includes the full scope of the project:
Providedfurther, That the solicitation and the contract shall contain
the clause "availability of funds" found at 48 CFR 52.232.18.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance
when authorized by the treasurer of the Gallery for membership
in library, museum, and art associations or societies whose publications or services are available to members only, or to members
at a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901-
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2533
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
purchase of one passenger motor vehicle for replacement only; and
purchase of services for restoration and repair of works of art
for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices
and under such terms and conditions as the Gallery may deem
proper, $53,003,000, of which not to exceed $3,026,000 for the
special exhibition program shall remain available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, as authorized
$4,431,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems,
and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$10,343,000.
CONSTRUCTION
For necessary expenses of capital repair and rehabilitation
of the existing features of the building and site of the John F.
Kennedy Center for the Performing Arts, $9,000,000, to remain
available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $9,878,000.
NATIONAL FOUNDATION ON THE ARTS AND THE HUmANITIEs
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$141,950,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the arts
through assistance to groups and individuals pursuant to section
5(c) of the Act, and for administering the functions of the Act,
to remain available until September 30, 1996.
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108 STAT. 2534
PUBLIC LAW 103-332-SEPT. 30, 1994
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as
amended, $29,150,000, to remain available until September 30,
1996, to the National Endowment for the Arts, of which $12,750,000
shall be available for purposes of section 5(l): Provided, That this
appropriation shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the Chairman or by
grantees of the Endowment under the provisions of section 10(a)(2),
subsections 11(a)(2)(A) and 11(a)(3)(A) during the current and
preceding fiscal years for which equal amounts have not previously
been appropriated.
REDUCTION OF FUNDING
Each amount appropriated or otherwise made available by this
title for "National Endowment for the Arts" is hereby reduced
by 2.0 percent.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$151,420,000 shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant
to section 7(c) of the Act, and for administering the functions
of the Act, to remain available until September 30, 1996.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as
amended, $25,963,000, to remain available until September 30,
1996, of which $14,000,000 shall be available to the National
Endowment for the Humanities for the purposes of section 7(h):
Provided, That this appropriation shall be available for obligation
only in such amounts as may be equal to the total amounts of
gifts, bequests, and devises of money, and other property accepted
by the Chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have
not previously been appropriated.
INSTITUTE OF MUSEUM SERVICES
GRANTS AND ADMINISTRATION
For carrying out title II of the Arts, Humanities, and Cultural
Affairs Act of 1976, as amended, $28,770,000.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2535
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $834,000.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99-190
(99 Stat. 1261; 20 U.S.C. 956(a)), as amended, $7,500,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing an
Advisory Council on Historic Preservation, Public Law 89-665, as
amended, $2,947,000: Provided, That none of these funds shall
be available for the compensation of Executive Level V or higher
positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $5,655,000: Provided, That all
appointed members will be compensated at a rate equivalent to
the rate for Executive Schedule Level IV.
FRANKLIN DELANO ROOSEVELT MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Franklin Delano Roosevelt Memorial Commission, established by the Act of August 11, 1955 (69
Stat. 694), as amended by Public Law 92-332 (86 Stat. 401),
$48,000, to remain available until September 30, 1996.
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
SALARIES AND EXPENSES
For necessary expenses, as authorized by section 17(a) of Public
Law 92-578, as amended, $2,738,000 for operating and administrative expenses of the Corporation.
PUBLIC DEVELOPMENT
For public development activities and projects in accordance
with the development plan as authorized by section 17(b) of Public
Law 92-578, as amended, $4,084,000, to remain available until
expended.
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108 STAT. 2536
PUBLIC LAW 103-332-SEPT. 30, 1994
UNITED STATES HOLOCAUST MEMORIAL COUNCIL
HOLOCAUST MEMORIAL COUNCIL
For expenses of the Holocaust Memorial Council, as authorized
by Public Law 96-388, as amended, $26,660,000; of which
$2,700,000 shall be for repair and rehabilitation projects and shall
remain available until expended.
TITLE III-GENERAL PROVISIONS
Contracts.
Public
SEC. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
SEC. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee National Forest, Illinois: Provided, That nothing herein is
intended to inhibit or otherwise affect the sale, lease, or right
to access to minerals owned by private individuals.
SEC. 303. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which congressional
action is not complete.
SEC. 304. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 305. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
SEC. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act unless
notice of such assessments and the basis therefor are presented
to the Committees on Appropriations and are approved by such
Committees.
SEC.
307. (a) COMPLIANCE WITH Buy AMERICAN ACT.-None
of the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with sections 2 through 4 of the Act of March
3, 1933 (41 U.S.C. 10a-10c; popularly known as the "Buy American
Act").
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.-In the case of any equipment or product that may
be authorized to be purchased with financial assistance provided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products.
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PUBLIC LAW 103-332-SEPT. 30, 1994
108 STAT. 2537
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.-In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(C) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.-If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a "Made in America" inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 308. The Forest Service and Bureau of Land Management
may offer for sale salvageable timber in the Pacific Northwest
in fiscal year 1995: Provided,That for public lands known to contain
the Northern spotted owl, such salvage sales may be offered as
long as the offering of such sale will not render the area unsuitable
as habitat for the Northern spotted owl: Provided further, That
timber salvage activity in spotted owl habitat is to be done in
full compliance with all existing environmental and forest management laws.
SEC. 309. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 1994.
SEC. 310. None of the funds appropriated in this Act may
be used to implement any increase in government housing rental
rates in excess of 10 per centum more than the rental rates which
were in effect on September 1, 1994, for such housing.
SEC. 311. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or requires
the removal of the underground lunchroom at the Carlsbad Caverns
National Park.
SEC. 312. Notwithstanding any other provision of law in fiscal
year 1995 and thereafter, appropriations made available to any
department or agency in a Department of the Interior and Related
Agencies Appropriations Act shall be available to that department
or agency to reimburse the representative (as that term is defined
by applicable law) of employees killed in the line of duty after
January 1, 1994, and in subsequent fiscal years, for burial costs
and related out-of-pocket expenses: Provided, That the amount of
such reimbursement may exceed the $800 limitation in 5 U.S.C.
8134(a): Provided further That funds provided pursuant to this
authority may not exceed i10,000 per employee.
SEC. 313. With the exception of budget authority for "Miscellaneous payments to Indians", Bureau of Indian Affairs, Department of the Interior; "Salaries and expenses", National Indian Gaming Commission, Department of the Interior; "Payment to the
Institute", Institute of American Indian and Alaska Native Culture
and Arts Development; "Salaries and expenses", Woodrow Wilson
International Center for Scholars; "Salaries and expenses" and
"National capital arts and cultural affairs", Commission of Fine
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Environmental
protection.
Forests and
forest products.
5 USC 8134 note.
108 STAT. 2538
PUBLIC LAW 103-332-SEPT. 30, 1994
Arts; "Salaries and expenses", Advisory Council on Historic
Preservation; "Salaries and expenses", National Capital Planning
Commission; "Salaries and expenses", Franklin Delano Roosevelt
Memorial Commission; and "Salaries and expenses", "Public development", Pennsylvania Avenue Development Corporation, each
amount of budget authority for the fiscal year ending September
30, 1995, provided in this Act, for payments not required by law
is hereby reduced by 0.191 per centum: Provided, That such reductions shall be applied ratably to each account, program, activity,
and project provided for in this Act.
This Act may be cited as the "Department of the Interior
and Related Agencies Appropriations Act, 1995".
Approved September 30, 1994.
LEGISLATIVE HISTORY-H.R. 4602:
HOUSE REPORTS: Nos. 103-551 (Comm. on Appropriations) and 103-740 (Comm. of
Conference).
SENATE REPORTS: No. 103-294 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 140 (1994):
June 22, 23, considered and passed House.
July 25, 26, considered and passed Senate, amended.
Sept. 27, House agreed to conference report.
Sept. 28, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994):
Sept. 30, Presidential statement.
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PUBLIC LAW 103-333-SEPT. 30, 1994
Public Law 103-333
103d Congress
108 STAT. 2539
An Act
Making appropriations for the Departments of Labor, Health and Human Services,
and Education, and related agencies, for the fiscal year ending September 30,
1995, 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 Departments of Labor, Health
and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 1995, and for other purposes,
namely:
TITLE I-DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
PROGRAM ADMINISTRATION
For expenses of administering employment and training programs and for carrying out section 908 of the Social Security Act,
$90,276,000, together with not to exceed $45,073,000, which may
be expended from the Employment Security Administration account
in the Unemployment Trust Fund.
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSION)
For expenses necessary to carry into effect the Job Training
Partnership Act, as amended, including the purchase and hire
of passenger motor vehicles, the construction, alteration, and repair
of buildings and other facilities, and the purchase of real property
for training centers as authorized by the Job Training Partnership
Act; title II of the Civil Rights Act of 1991; title XV, part A
of Public Law 102-325; title VII, subtitle C of the Stewart B.
McKinney Homeless Assistance Act; the Women in Apprenticeship
and Nontraditional Occupations Act; Goals 2000: Educate America
Act; and the School-to-Work Opportunities Act; $5,505,885,000 plus
reimbursements, of which $5,181,250,000 is available for obligation
for the period July 1, 1995 through June 30, 1996; of which
$142,029,000 is available for the period July 1, 1995 through June
30, 1998 for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers, including $46,404,000 for new
centers; and of which $125,000,000 shall be available for obligation
from July 1, 1995 through September 30, 1996, for carrying out
activities of the School-to-Work Opportunities Act: Provided, That
$64,080,000 shall be for carrying out section 401 of the Job Training
HeinOnline -- 108 Stat. 2539 1994
Sept. 30, 1994
[H.R. 4606]
Departments of
Labor, Health
and Human
Services, and
Education, and
Related
Agencies
Appropriations
Act, 1995.
Department of
Labor
Appropriations
Act 1995.
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