§ 554d. Recreation facilities for employees of Forest Service and their immediate families

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1962

   Pub. L. 87–869 § 3 · 76 Stat. 1157

   Enacted · 16 U.S.C. § 554d

   Pub. L. 87–869, § 3, Oct. 23, 1962, 76 Stat. 1157

   Source evidence

   Code source credit
   Pub. L. 87–869, § 3, Oct. 23, 1962, 76 Stat. 1157

   Enacted provision · exact public law section
   Sec. 3. Not to exceed $35,000 annually of funds available to the Recreation facilities. Forest Service may be expended for providing recreation facilities, equipment, and services for use by employees of the Service located at isolated situations and, where deemed to be in the public interest, by members of the immediate families of such employees.

2. 1990

   Pub. L. 101–512 title II · 104 Stat. 1915

   Substituted · 16 U.S.C. § 554d

   Pub. L. 101–512 substituted “$100,000” for “$35,000”

   Source evidence

   Code amendment note
   Pub. L. 101–512 substituted “$100,000” for “$35,000”.

   Enacted provision · exact public law
   TITLE II— RELATED AGENCIES DEPARTMENT OF AGRICULTURE Forest Service forest research For necessary expenses of forest research as authorized by law, $168,512,000, to remain available until September 30, 1992. 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, $183,377,000, to remain available until expended, as authorized by law: Provided, That a grant of $4,500,000 shall be available to Mercer County, West Virginia for the construction and equipping of a hardwood training center and a flexible manufacturing center. national forest system For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, 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 Firefighting”, and “Land Acquisition”, $1,302,687,000 to remain available for obligation until September 30, 1992, 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 unexpended balances in the National Forest System account at the end of fiscal year 1990, shall be merged with and made a part of the fiscal year 1991 National Forest System appropriation, and shall remain available for obligation until September 30, 1992: Provided further, That timber volume authorized or scheduled for sale during fiscal year 1990, but which remains unsold at the end of fiscal year 1990, shall be offered for sale during fiscal year 1991 in addition to the fiscal year 1991 timber sale volume to the extent possible: Provided further, That no more than $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. forest service firefighting For necessary expenses for firefighting on or adjacent to National Forest System lands or Department of the Interior lands, and for forest fire management and presuppression; and emergency operations on National Forest System lands, $299,507,000, to remain available until expended: Provided, That such funds are also to be available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes. construction For necessary expense of the Forest Service, not otherwise provided for, for construction, $278,593,000, to remain available until expended, of which $83,245,000 is for construction and acquisition of buildings and other facilities; and $195,348,000 is for construction 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 1991 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 $110,000,000, 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, $89,163,000, to be derived from the Land and Water Conservation Fund, to remain available until expended of which $300,000 is for acquisition of land and interests therein at and near the Old Chief Joseph Gravesite, Wallowa County, Oregon, as depicted on a map entitled “Old Chief Joseph Gravesite Acquisition—1990” on file with the Forest Service, pursuant to the Department of Agriculture Organic Act of 1956 (7 U.S.C. 428(a)): Provided, That of the funds previously appropriated under this head for land acquisition, the Forest Service shall match on a dollar-for-dollar basis, but not to exceed $769,000, any amount that the Bonneville Power Administration makes available to implement the Northwest Resource Information Center, Inc.’s water resource and fish enhancement proposal of April 20, 1990, as amended June 8, 1990, and September 6, 1990, and as certified by the Area Ranger of the Sawtooth National Recreation Area on October 1, 1990: Provided further, That the funds shall not be expended by the Forest Service to implement the proposal unless it is stipulated that the Federal government will receive from the owner of Busterback Ranch the full interest and control of the water rights necessary to meet fully the anadromous fish requirements of the proposal. 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, $1,103,000, 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 on-the-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), $30,000 to remain available until expended, to be derived from the fund established pursuant to the above Act. administrative provisions, forest service Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed 202 passenger motor vehicles of which 27 will be used primarily for law enforcement purposes and of which 170 shall be for replacement only, of which acquisition of 144 passenger motor vehicles shall be 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 97 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) uniform allowances for each uniformed employee of the Forest Service, not in excess of $400 annually; (d) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) acquisition of land, waters, and interests therein, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); (f) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and (g) 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. The appropriation structure for the Forest Service may not be altered without advance approval of the House and Senate Committees on Appropriations. Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service may be used to reimburse employees for the cost of State licenses and certification fees pursuant to their Forest Service position and that are necessary to comply with State laws, regulations, and requirements. 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. All funds received for timber salvage sales may be credited to the Forest Service Permanent Appropriations to be expended for timber salvage sales from any national forest and for timber sales preparation to replace sales lost to fire or other causes, and sales preparation to replace sales inventory on the shelf for any national forest to a level sufficient to maintain new sales availability equal to a rolling five-year average of the total sales offerings, and for design, engineering, and supervision of construction of roads lost to fire or other causes associated with the timber sales programs described above: Provided, That notwithstanding any other provision of law, moneys received from the timber salvage sales program in fiscal year 1991 shall be considered as money received for purposes of computing and distributing 25 per centum payments to local governments under 16 U.S.C. 500, as amended: Provided further, That these payments shall not be made before October 1, 1991: Provided further, That these actions are taken pursuant to section 202(b)(1) of Public Law 100–119 (2 U.S.C. 909). 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 House Report 99–714. 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 or existing policy, the peak that is the second peak to the south of Mount Whitney, and is the highest point on Pinnacle Ridge where it reaches the Sierra Crest, located approximately ¼ mile to the south of the summit of Mount Whitney and approximately ½ mile to the north of the summit of Mount Muir, near Lone Pine, in the State of California, shall be known and designated as “Crooks Peak”. Any reference in any law, regulation, document, record, map, or other paper of the United States to the peak is deemed to be a reference to “Crooks Peak”. 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 if authorized by the Act of August 13, 1970, as amended by Public Law 93–408. Notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the Forest Service is authorized to negotiate and enter into cooperative arrangements with public and private agencies, organizations, institutions, and individuals to continue the Challenge Cost-Share Program. None of the funds available in this Act shall be used for timber sale preparation using clearcutting or other forms of even-age management in hardwood stands in the Shawnee National Forest, Illinois. 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. None of the funds made available to the Forest Service in this Act shall be expended for the purpose of issuing a special use authorization permitting land use and occupancy and surface disturbing activities for any project to be constructed on Lewis Fork Creek in Madera County, California, at the site above, and adjacent to, Corlieu Falls bordering the Lewis Fork Creek National Recreation Trail until the studies required in Public Law 100–202 have been submitted to the Congress: Provided, That any special use authorization shall not be executed prior to the expiration of thirty 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 of the required studies by the Speaker of the House of Representatives and the President of the Senate. 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. No funds made available under this Act may be used for the issuance of any permit or other authorization providing access to, or permitting the construction of, any motel-restaurant or similar overnight accommodations on lands located within the exterior boundaries of the Allegheny National Forest in the State of Pennsylvania, and no funds made available under this Act may be used to enter into any contract or lease for the construction of any such facilities. The Secretary of Agriculture may sell to the Louisiana Pacific Corporation, without complying with the advertisement and competitive bidding requirements of section 14 of the National Forest Management Act of 1976 (Public Law 94–599, 16 U.S.C. 472a) and of the regulations issued by the Secretary, replacement trees, Sortions of trees, or forest products located on National Forest System lands that are equal in total value to the trees, portions of trees, or forest products deleted by agreement of the Secretary and the Louisiana Pacific Corporation from the contract (numbered 001657) for the sale of timber in the Bowen Gulch area of the Arapaho National Forest, State of Colorado: Provided, That in selling such replacement trees, portions of trees, or forest products, the Secretary shall comply with all other laws and regulations applying to timber sales on National Forest System lands. 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 section 705(a) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 539d(a)), $42,887,000 shall be available from the Tongass Timber Supply Fund for timber supply, protection and management, research, resource protection, and construction on the Tongass National Forest in fiscal year 1991: Provided, That all of the funds available from the Tongass Timber Supply Fund in fiscal year 1991 pursuant to section 705(a) of Public Law 96–487 shall be deemed obligated as of October 1, 1990 and shall remain available until expended: Provided, That this funding limitation shall not include those funds available to the Forest Service as National Forest System, Construction, Trust Funds, Permanent Funds (other than the Tongass Timber Supply Fund), or Purchaser Road Construction. Notwithstanding any other provision of law, funds allocated by the Forest Service to a specific national forest in fiscal year 1992 for National Forest System trail construction; trail maintenance; wild-life and fish habitat management; soil, water and air management; cultural resource management; wilderness management; and re-forestation and stand improvement shall be increased by 5 per centum on October 1, 1991 if the specific national forest attains the timber sale offer volume and timber pipeline preparation volume target established for fiscal year 1991: Provided, That these funds shall be made available in fiscal year 1992 from fiscal year 1991 timber receipts returned to the Federal Treasury and shall be available until expended: Provided further, That these funds are in addition to any other funds appropriated for these activities and can be merged into regular appropriated accounts. 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. The Chief of the Forest Service is authorized to establish an advisory committee on the Ouachita National Forest to advise the Forest Supervisor on the new Forest Plan including principles of “New Perspectives” for forest management, and other land management activities. The committee shall be comprised of individuals who in the Chiefs judgment, represent a diversity of views: Provided, That every effort shall be made to ensure that environmental and business concerns are equally represented on the committee. The committee may be formed without being subject to the Federal Advisory Committee Act (86 Stat. 770). Committee members shall serve without compensation but may be reimbursed for travel expenses at the prevailing Government rate. Section 3 of Public Law 87–869 (16 U.S.C. 554d, 76 Stat. 1157) is hereby amended by striking the number “$35,000” and inserting in lieu thereof “$100,000”. The Forest Service is directed to begin the preparation of all environmental documents necessary to implement the management goals, policies, standards, and guidelines contained in the recently completed land and resource management plans on the national forests in Region 6, Oregon and Washington. DEPARTMENT OF ENERGY clean coal technology The first paragraph under this head in Public Law 101–121 is amended by striking “$600,000,000 shall be made available on October 1, 1990, and shall remain available until expended, and $600,000,000 shall be made available on October 1, 1991, and shall remain available until expended” and inserting “$600,000,000 shall be made available as follows: $35,000,000 on September 1, 1991, $315,000,000 on October 1, 1991, and $250,000,000 on October 1, 1992, all such sums to remain available until expended for use in conjunction with a separate general request for proposals, and $600,000,000 shall be made available as follows: $150,000,000 on October 1, 1991, $225,000,000 on October 1, 1992, and $225,000,000 on October 1, 1993, all such sums to remain available until expended for use in conjunction with a separate general request for proposals”: Provided, That these actions are taken pursuant to section 202(b)(1) of Public Law 100–119 (2 U.S.C. 909): Provided further, That a fourth general request for proposals shall be issued not later than February 1, 1991, and a fifth general request for proposals shall be issued not later than March 1, 1992: Provided further, That project proposals resulting from such solicitations shall be selected not later than eight months after the date of the general request for proposals: Provided further, That for clean coal solicitations required herein, provisions included for the repayment of government contributions to individual projects shall be identical to those included in the Program Opportunity Notice (PON) for Clean Coal Technology III (CCTIII) Demonstration Projects (solicitation number DEPS01–89 FE 61825), issued by the Department of Energy on May 1, 1989: Provided further, That funds provided under this head in this or any other appropriations Act shall be expended only in accordance with the provisions governing the use of such funds contained under this head in this or any other appropriations Act. With regard to funds made available under this head in this and previous appropriations Acts, unobligated balances excess to the needs of the procurement for which they originally were made available may be applied to other procurements for use on projects for which cooperative agreements are in place, within the limitations and proportions of Government financing increases currently allowed by law: Provided, That the Department of Energy, for a period of up to five (5) years after completion of the operations phase of a cooperative agreement may provide appropriate protections, including exemptions from subchapter II of chapter 5 of title 5, United States Code, against the dissemination of information that results from demonstration activities conducted under the Clean Coal Technology Program and that would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from and first produced by a non-Federal party participating in a Clean Coal Technology project: Provided further, That, in addition to the full-time permanent Federal employees specified in section 303 of Public Law 97–257, as amended, no less than 90 full-time Federal employees shall be assigned to the Assistant Secretary for Fossil Energy for carrying out the programs under this head using funds available under this head in this and any other appropriations Act and of which 35 shall be for PETC and 30 shall be for METC: Provided further, That reports on projects selected by the Secretary of Energy pursuant to authority granted under this heading which are received by the Speaker of the House of Representatives and the President of the Senate less than 30 legislative days prior to the end of the second session of the 101st Congress shall be deemed to have met the criteria in the third proviso of the fourth paragraph under the heading “Administrative provisions, Department of Energy” in the Department of the Interior and Related Agencies Appropriations Act, 1986, as contained in Public Law 99–190, upon expiration of 30 calendar days from receipt of the report by the Speaker of the House of Representatives and the President of the Senate or at the end of the session, whichever occurs later. fossil energy research and development 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, $461,167,000, to remain available until expended, of which $267,000 is for the functions of the Office of the Federal Inspector for the Alaska Natural Gas Transportation System established pursuant to the authority of Public Law 94–586 (90 Stat. 2908–2909) and of which $2,969,000 is for the fuels program: Provided further, 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. Of the funds herein provided, $40,250,000 is for implementation of the June, 1984 multiyear, cost-shared magnetohydrodynamics program targeted on proof-of-concept testing: Provided, That 35 per centum private sector cash or in-kind contributions shall be required for obligations in fiscal year 1991, and for each subsequent fiscal year’s obligations private sector contributions shall increase by 5 per centum over the life of the proof-of-concept plan: Provided further, That existing facilities, equipment, and supplies, or previously expended research or development funds are not cost-sharing for the purposes of this appropriation, except as amortized, depreciated, or expensed in normal business practice: Provided further, That cost-sharing shall not be required for the costs of constructing or operating Government-owned facilities or for the costs of Government organizations, National Laboratories, or universities and such costs shall not be used in calculating the required percentage for private sector contributions: Provided further, That private sector contribution percentages need not be met on each contract but must be met in total for each fiscal year. Of the funds provided herein, $2,500,000 shall be for a grant for the National Research Center for Coal and Energy, and $2,000,000 shall be for a grant to be matched on an equal basis from other sources for the University of North Dakota Energy and Environmental Research Center. Of the funds provided herein, $8,000,000 is to initiate a ten-year industry/government cooperative agreement to design, construct, and operate a proof-of-concept oil shale facility employing modified insitu retorting and surface processing of mined shale and waste at Federal Prototype Oil Shale Lease Tract Cb near Meeker, Colorado: Provided, That the Federal contribution to the cooperative agreement shall not exceed $80,000,000 in 1989 dollars escalated yearly by the annual GNP deflator, or 40 per centum of the total equity in the project, whichever is less: Provided further, That at no time during the project shall the Federal contribution exceed 40 per centum of total equity in the project: Provided further, That in fiscal years 1992 and thereafter, the annual Federal contribution shall not exceed the annual portion of the remaining allowable Federal contribution distributed evenly over the remaining years of the project: Provided further, That construction of such facility shall not commence 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 3 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 report on such project including the results of the detailed design, cost estimate, and environmental compliance activities, and such additional facts and circumstances as necessary to support project construction and operation. alternative fuels production (including transfer of funds) Monies received as investment income on the principal amount in the Great Plains Project Trust at the Northwest Bank of North Dakota, in such sums as are earned as of October 1, 1990, 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, $224,310,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, revenues received from the sale of natural gas after the date of enactment of this Act from wells drilled or communitized in fiscal year 1990 and thereafter as part of gas protection activity at the Naval Oil Shale Reserves shall be deposited in this account, to remain available until expended, for use in further gas protection activity: Provided further, That sums in excess of $638,000,000 received during fiscal year 1991 from use and operation of the Naval Petroleum Reserves Numbered 1, 2, and 3 shall be deposited in the “SPR Petroleum Account”, to remain available until expended, for the acquisition and transportation of petroleum and for other necessary purposes. energy conservation For necessary expenses in carrying out energy conservation activities, $497,784,000, to remain available until expended, including, notwithstanding any other provision of law, the excess amount for fiscal year 1991 determined under the provisions of section 3003(d) of Public Law 99–509 (15 U.S.C. 4502): Provided, That $247,893,000 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 99–509 (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 in the same proportion for each program as in fiscal year 1990: Provided further, That $1,000,000 of the amount provided under this heading shall be for establishment of a National Metal Casting Research Institute at the University of Northern Iowa and $1,000,000 of the amount under this heading shall be for establishment of a National Metal Casting Research Institute at the University of Alabama, such institutes to be established consistent with the provisions of Public Law 101–425: Provided further, That $2,250,000 of the amount provided under this heading shall be available for a grant to the National Center for Alternate Transportation Fuels: Provided further, That $3,000,000 of the amount provided under this heading shall be available for a project to develop an integrated manufacturing information system for the steel industry, and the government share of the costs of such project shall not exceed 50 per centum using the same criteria for acceptance of contributions as for steel and aluminum research below: Provided further, That $17,500,000 of the amount provided under this heading shall be available for continuing research and development efforts begun under title II of the Interior and Related Agencies portion of the joint resolution entitled “Joint Resolution making further continuing appropriations for the fiscal year 1986, and for other purposes”, approved December 19, 1985 (Public Law 99–190), and implementation of steel and aluminum research authorized by Public Law 100–680: Provided further, That existing facilities, equipment, and supplies, or previously expended research or development funds are not accepted as contributions for the purposes of this appropriation, except as amortized, depreciated, or expensed in normal business practice: Provided further, That the total Federal expenditure under this proviso shall be repaid up to one and one-half times from the proceeds of the commercial sale, lease, manufacture, or use of technologies developed under this proviso, at a rate of one-fourth of all net proceeds. economic regulation For necessary expenses in carrying out the activities of the Economic Regulatory Administration and the Office of Hearings and Appeals, $16,816,000. emergency preparedness For necessary expenses in carrying out emergency preparedness activities, $7,117,000. strategic petroleum reserve For expenses necessary to carry out the provisions of sections 151 through 166 of the Energy Policy and Conservation Act of 1975 (Public Law 94–163), $201,633,000, to remain available until expended: 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 750,000,000 barrels. spr petroleum account For the acquisition and transportation of petroleum and for other necessary expenses under section 167 of the Energy Policy and Conservation Act of 1975 (Public Law 94–163), as amended by the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35), $196,188,000 shall be made available until expended beginning October 1, 1991: Provided further, That 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 further, That no funds made available by this or any other Act may be used for the leasing of crude oil from a foreign government, a foreign State-owned oil company, or an agent of either, except pursuant to the procedures of Section 174, Part C, title I of the Energy Policy and Conservation Act (42 U.S.C. 6211 et seq.), as contained in Section 6 of Public Law 101–383: Provided further, That outlays in fiscal year 1991 resulting from the use of funds in this account other than funds deposited pursuant to 42 U.S.C. 6247 as a result of the sale of petroleum products in any drawdown and distribution of the Strategic Petroleum Reserve under 42 U.S.C. 6241 shall not exceed 378,000,000: Provided further, That this action is taken pursuant to section 202(b)(1) of Public Law 100–119 (2 U.S.C. 909). energy information administration For necessary expenses in carrying out the activities of the Energy Information Administration, $69,303,000, of which $1,000,000 for computer operations shall remain available until September 30, 1992 and $1,700,000 for end use energy consumption surveys shall remain available until expended. 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 of Energy 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 m 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 of Energy 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. Annual appropriations made in this Act and previous Interior and Related Agencies Appropriations Acts shall be available for obligations in connection with contracts issued by the Department of Energy for supplies and services for periods not in excess of twelve months beginning at any time during the fiscal year. Notwithstanding any other provision of law, the Secretary of Energy may enter into a contract, agreement, or arrangement, including, but not limited to, a Management and Operating Contract as defined in the Federal Acquisition Regulations (17.601), with a profit-making or non-profit entity to conduct activities at the Department of Energy’s research facilities at Bartlesville, Oklahoma: Provided, That any contract, agreement, or arrangement shall contain provisions encouraging use of the Department of Energy’s Bartlesville facilities by interested third party sponsors: Provided further, That any contract, agreement, or arrangement entered into by the Secretary pursuant to this authority shall be submitted to the Senate Committee on Appropriations and the House Committee on Appropriations and a period of thirty days shall elapse while Congress is in session (in computing the thirty days, there shall be excluded the days on which either the Senate or the House is not in session because of adjournment for more than three days) before the contract, agreement, or arrangement shall become effective. 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 XXVI and sections 208 and 338G of the Public Health Service Act with respect to the Indian Health Service, including hire of passenger motor vehicles and aircraft; purchase of reprints; purchase and erection of portable buildings; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; $1,418,600,000, 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 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): Provided further, That funds made available to tribes and tribal organizations through grants and contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall remain available until expended: Provided further, That $17,000,000 shall remain available until expended, for the Indian Catastrophic Health Emergency Fund and contract medical care: Provided further, That of the funds provided, $5,000,000 shall be used to carry out a loan repayment program under which Federal, State, and commercial-type educational loans for physicians and other health professionals will be repaid at a rate not to exceed $25,000 per year of obligated service in return for full-time clinical service: 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, construction of new facilities, or major renovation of existing Indian Health Service facilities): Provided further, That of the funds provided, $2,500,000 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 Self-Determination Act: Provided further, 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) and section 338G of the Public Health Service Act with respect to the Indian Health Service shall remain available for expenditure until September 30, 1992: Provided further, That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act and Public Law 100–713 shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further, That notwithstanding the existing Indian Health Service facilities priority system, $1,500,000 shall remain available until expended for the purpose of funding a demonstration program to equip, supply, operate, and maintain up to three health centers to be selected by the Secretary of Health and Human Services, acting through the Service, for the provision of Indian Health Service funded health services: Provided further, That the centers shall be selected on a competitive basis from those tribal applicants who agree to provide an appropriate facility for use as a health center for a minimum of 20 years, under a no cost lease, in exchange for financial resources to equip, supply, operate and maintain such health centers. indian health facilities For construction, major repair, 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 portable 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 Self-Determination Act and the Indian Health Care Improvement Act, $167,279,000, to remain available until expended: Provided, That 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. 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 equivalent to the rate for GS-18, 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 no later than 30 days after the end of each quarter of the fiscal year, the Indian Health Service is to report to the Committees on Appropriations of the United States House of Representatives and the United States Senate on any proposed adjustments to existing leases involving additional space or proposed additional leases for permanent structures to be used in the delivery of Indian health care services: Provided further, That non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, if such care can be extended without impairing the ability of the facility to fulfill its responsibility to provide health care to Indians served by such facilities and subject to such reasonable charges as the Secretary of Health and Human Services shall prescribe, the proceeds of which, together with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651–53), shall be deposited in the fund established by sections 401 and 402 of the Indian Health Care Improvement Act or in the case of tribally administered facilities, shall be retained by the tribal organization without fiscal year limitation: 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 with the exception of Indian Health Service units which currently have a billing policy, the Indian Health Service shall not initiate any further action to bill Indians in order to collect from third-party payers nor to 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 personnel ceilings may not be imposed on the Indian Health Service nor may any action be taken to reduce the full-time equivalent level of the Indian Health Service by the elimination of temporary employees by reduction in force, hiring freeze or any other means without the review and approval of the Committees on Appropriations: 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. DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education indian education For necessary expenses to carry out, to the extent not otherwise provided, the Indian Education Act of 1988, $75,762,000, of which $56,556,000 shall be for subpart 1 and $16,304,000 shall be for subparts 2 and 3: Provided, That $1,578,000 available pursuant to section 5323 of the Act shall remain available for obligation until September 30, 1992. 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, $33,749,000, 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 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), $5,476,000, of which not to exceed $300,000 for Federal matching contributions, to remain available until expended, shall be paid to the Institute endowment fund: 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 employees; $274,321,000, of which not to exceed $18,332,000 for the instrumenta-tion program, collections acquisition, Museum Support Center equipment and move, exhibition reinstallation, the National Museum of the American Indian, and the repatriation of skeletal remains program 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: Provided further, That $15,000,000 of the amount appropriated under this head shall be made available to the Trustees of the John F. Kennedy Center for the Performing Arts for repayment of an accumulated operating deficit. museum and related research (special foreign currency program) Funds previously appropriated in this account for the American Institute of Indian Studies Forward Funded Reserve may be invested in India by the United States Embassy in India in interest bearing accounts with the interest to be used along with other funds in the account to support the ongoing programs of the American Institute of Indian Studies. 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, $6,671,000, 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, $31,356,000, 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, $15,489,000, to remain available until expended, including $1,500,000 for the East Court building of the National Museum of Natural History, subject to authorization: Provided, That notwithstanding any other provision of law, the Institution is authorized to transfer to the State of Arizona, the counties of Santa Cruz and/or Pima, a sum not to exceed $150,000 for the purpose of assisting in the construction or maintenance of an access to the Whipple Observatory. 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. 5901–5902); purchase, or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; 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, $46,276,000, of which not to exceed $4,370,000 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, $3,505,000, 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. 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, $5,074,000. payment to endowment challenge fund Funds appropriated pursuant to Public Law 100–446, 102 Stat. 1820, for payment to the Endowment Challenge Fund for the Woodrow Wilson International Center for Scholars and not transferred to the Center as of September 30, 1990, shall remain available until September 30, 1992: Provided, That such sums shall be transferred only to the extent matched on a three-to-one basis by private funds. 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 Humanities Act of 1965, as amended, $147,000,000 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. 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, $28,000,000, to remain available until September 30, 1992, to the National Endowment for the Arts, of which $15,000,000 shall be available for purposes of section 5(1): 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. 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 $143,750,000 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, of which $7,900,000 for the Office of Preservation shall remain available until September 30, 1992. 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, $27,150,000, to remain available until September 30, 1992, of which $15,150,000 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, $26,000,000, including not to exceed $250,000 as authorized by 20 U.S.C. 965(b): Provided, That the National Museum Services Board shall not meet more than three times during fiscal year 1991. 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 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), $637,000. national capital arts and cultural affairs For necessary expenses as authorized by Public Law 99–190 (99 Stat. 1261; 20 U.S.C. 956a), as amended, $6,250,000. 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, $2,238,000: 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, $3,448,000. 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), $28,000 to remain available until September 30, 1992. Pennsylvania Avenue Development Corporation salaries and expenses For necessary expenses, as authorized by section 17(a) of Public Law 92–578, as amended, $2,365,000, 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, $4,805,000, to remain available until expended. land acquisition and development fund The Pennsylvania Avenue Development Corporation is authorized to borrow from the Treasury of the United States $5,000,000, pursuant to the terms and conditions in paragraph 10, section 6, of Public Law 92–576, as amended. United States Holocaust Memorial Council holocaust memorial council For expenses of the Holocaust Memorial Council, as authorized by Public Law 96–388, as amended, $7,554,000: Provided, That none of these funds shall be available for the compensation of Executive Level V or higher positions.

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