§ 6901. Definitions

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. 1982

   Pub. L. 97–258 · 96 Stat. 1031

   Enacted · 31 U.S.C. § 6901

   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1031

   Source evidence

   Code source credit
   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1031

2. 1983

   Pub. L. 98–63 title I · 97 Stat. 301

   1. Amended · 31 U.S.C. § 6901(2)

      Pub. L. 98–63 amended par. (2) generally

   2. Substituted · 31 U.S.C. § 6901(2)

      Pub. L. 98–63 substituting in subpar. (A) “a county (or parish), township, borough existing in Alaska on October 20, 1976, or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Secretary of Commerce for general statistical purposes. The term ‘governmental services’ includes, but is not limited to, those services that relate to public safety, environment, housing, social services, transportation, and governmental administration” for “a county, city, township, borough existing in Alaska on October 20, 1976, or other political subdivision of a State that the Secretary of the Interior, on the same basis that the Secretary of Commerce uses for general statistical purposes, decides is a general purpose political subdivision of a State”; including the District of Columbia in definition; and excluding the Commonwealth of the Northern Mariana Islands from definition

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 98–63 amended par. (2) generally, substituting in subpar. (A) “a county (or parish), township, borough existing in Alaska on October 20, 1976, or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Secretary of Commerce for general statistical purposes. The term ‘governmental services’ includes, but is not limited to, those services that relate to public safety, environment, housing, social services, transportation, and governmental administration” for “a county, city, township, borough existing in Alaska on October 20, 1976, or other political subdivision of a State that the Secretary of the Interior, on the same basis that the Secretary of Commerce uses for general statistical purposes, decides is a general purpose political subdivision of a State”; including the District of Columbia in definition; and excluding the Commonwealth of the Northern Mariana Islands from definition.

   Enacted provision · exact public law
   TITLE I CHAPTER I DEPARTMENT OF AGRICULTURE Agricultural Research Service scientific activities overseas (foreign currency program) For an additional amount for Scientific Activities Overseas (Foreign Currency Program), $2,000,000. Animal and Plant Health Inspection Service salaries and expenses For an additional amount for salaries and expenses of the Animal and Plant Health Inspection Service, $3,600,000. Agricultural Stabilization and Conservation Service payment-in-kind program All land rented or leased, and in production for crop year 1982, if now rented or leased by the same individual, partnership, or corporation, and eligible for acreage reduction shall qualify for designation under the payment-in-kind program for crop year 1983, the same as land owned by the producer. Until such time as additional legislation to the contrary may be enacted, it is provided: that, notwithstanding any other provision of law, in order to acquire a sufficient amount of upland cotton to carry out the payment-in-kind program for the 1983 crop of upland cotton, the Secretary of Agriculture shall solicit bids from cotton producers, for sale to the Commodity Credit Corporation of 1980, 1981, and 1982 crop cotton pledged by such producers as security for nonrecourse loans made under section 103(g)(1) of the Agricultural Act of 1949 (7 U.S.C. 1444(g)(1)). Until sufficient cotton to carry out the payment-in-kind program for the 1983 crop of upland cotton is acquired under this procedure, or until a reasonable bid period opportunity has been determined and made available by the Secretary, but in no event less than two weeks, no bid for 1982 crop cotton shall be rejected unless it exceeds (on a percentage basis) the amount of the highest bid received and accepted under the same procedure for feed grains. The Secretary shall also give any producer who has previously submitted a bid the opportunity to nullify such bid if the producer agrees to submit another bid under the provisions of this Act. Farmers Home Administration agricultural credit insurance fund For an additional amount for guaranteed operating loans, $50,000,000; and for insured real estate loans, $25,000,000. rural water and waste disposal grants For additional grants pursuant to sections 306(a)(2) and 306(a)(6) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926), $25,000,000, to remain available until expended, pursuant to section 306(d) of the above Act. general provision None of the funds appropriated by this or any other Act may be used to relocate the Hawaii State office of the Farmers Home Administration from Hilo, Hawaii, to Honolulu, Hawaii. Food and Nutrition Service commodity supplemental food program (including transfer of funds) For an additional amount for the commodity supplemental food program, $750,000: Provided, That an additional $585,000 shall be paid from Commodity Credit Corporation funds for administrative expenses for the commodity supplemental food program, based on commodities donated by the Commodity Credit Corporation during fiscal year 1982. food stamp program For an additional amount for the food stamp program, $1,189,484,000: Provided, That $160,000,000 of the funds provided herein shall be available only to the extent necessary after the Secretary has employed the regulatory and administrative methods available to him under the law to curtail fraud, waste, and abuse in the program. food donations programs For an additional amount for the elderly feeding program for fiscal year 1983, $16,000,000: Provided, That, upon enactment of this bill, for fiscal year 1983 only final reimbursement claims for service of meals submitted within ninety days following the month for which the reimbursement is claimed shall be eligible for reimbursement from funds appropriated under this Act: Provided further, That funds provided for the food donations programs in Public Law 97–370 shall remain available until September 30, 1984. child nutrition programs For an additional amount for the “Child nutrition programs”, $118,000,000. soil conservation service Of the funds provided for watershed and flood prevention operations in Public Law 98–8 to assist in installing works of improvement and rehabilitation of existing works. $17,000,000 shall be available for rehabilitation of existing small watersheds, as authorized by law. For an additional amount for emergency measures to repair flood damage as authorized by sections 403–405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203–2205), $5,000,000, to remain available until expended. RELATED AGENCIES DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration salaries and expenses For an additional amount for the Food and Drug Administration, $1,000,000, to remain available until expended, to become available only to the extent necessary to meet unanticipated costs of emergency activities not provided for in budget estimates. standard level user charges (transfer of funds) For an additional amount for payment of standard level user charges of the Food and Drug Administration, $500,000, which shall be derived by transfer from “Salaries and expenses”. Commodity Futures Trading Commission For an additional amount for necessary expenses for the “Commodity Futures Trading Commission”, $965,000, for investigations, registration, litigation travel, agricultural options development, and automated data processing. CHAPTER II DEPARTMENT OF COMMERCE General Administration special foreign currency program For payments in foreign currencies which the Department of the Treasury determines to be excess to the normal requirements of the United States, as authorized by law, $500,000, to remain available until expended. white house conference on productivity In the appropriation language of section 158 in Public Law 97–377, insert “to remain available until January 31, 1984” immediately after “$1,500,000”. Economic Development Administration salaries and expenses For an additional amount for “Salaries and expenses”, $1,800,000. International Trade Administration operations and administration In the appropriation language under the above heading in Public Law 97–377, insert “and motor vehicles for law enforcement use” immediately after “official use abroad”. National Oceanic and Atmospheric Administration operations, research, and facilities For an additional amount for “Operations, research, and facilities”, $48,873,000, to remain available until expended, of which $20,000,000 shall be for the establishment of a fund for the residents of the Pribilof Islands: Provided, That such sum shall be available only upon the enactment into law of authorizing legislation: Provided further, That no additional Federal funds shall be made available for this purpose. RELATED AGENCIES Office of the United States Trade Representative salaries and expenses For an additional amount for “Salaries and expenses”, $130,000. Small Business Administration business loan and investment fund For additional capital for the “Business loan and investment fund”, authorized by the Small Business Act, as amended, $152,000,000, to remain available without fiscal year limitation. DEPARTMENT OF JUSTICE General Administration working capital fund For additional requirements of the “Working capital fund”, $900,000, to be derived from current operating income. Legal Activities salaries and expenses, general legal activities For an additional amount for “Salaries and expenses, General Legal Activities”, $4,600,000, of which not to exceed $3,800,000 for asbestos litigation support contracts shall remain available until September 30, 1984. salaries and expenses, united states attorneys and marshals For an additional amount for “Salaries and expenses. United States Attorneys and Marshals”, $5,800,000. support of united states prisoners For an additional amount for “Support of United States Prisoners”, $1,500,000. salaries and expenses, community relations service Funds advanced to “Salaries and expenses, Community Relations Service” shall be made available until expended to make payments in advance for grants, contracts, and reimbursable agreements and other expenses necessary under section 501(c) of the Refugee Education Assistance Act of 1980, Public Law 96–422, for the processing, care, maintenance, security, transportation and reception and placement in the United States of Cuban and Haitian entrants. Interagency Law Enforcement organized crime drug enforcement Of funds available under the above heading, $9,619,000, for undercover operations, and $14,000,000 for purchase of automated data processing and telecommunications equipment shall remain available until September 30, 1984. Federal Bureau of Investigation salaries and expenses For an additional amount for “Salaries and expenses”, $1,000,000: Provided, That during fiscal year 1983 there is authorized to be purchased for police-type use (not to exceed one thousand six hundred and twenty of which thirteen hundred are for replacement only) passenger motor vehicles. Immigration and Naturalization Service salaries and expenses Of funds available under this heading, $27,177,000, for work under section 501(c) of the Refugee Education Assistance Act shall remain available until expended. Federal Prison System salaries and expenses For an additional amount for “Salaries and expenses, Federal Prison System”, $3,734,000. DEPARTMENT OF STATE Administration of Foreign Affairs salaries and expenses For an additional amount for “Salaries and expenses”, $7,985,000, to remain available until September 30, 1984. acquisition, operation, and maintenance of buildings abroad For an additional amount for “Acquisition, operation, and maintenance of buildings abroad”, $22,256,000, to remain available until expended. payment to the foreign service retirement and disability fund For an additional amount for “Payment to the Foreign Service retirement and disability fund”, $4,658,000. OTHER the asia foundation For an additional amount for “The Asia Foundation”, $2,900,000, to remain available until expended. Commission on Wartime Relocation and Internment of Civilians salaries and expenses Funds appropriated under the heading of “Commission on Wartime Relocation and Internment of Civilians” in Public Law 97–377 (96 Stat. 1877) shall remain available until September 30, 1983. RELATED AGENCIES Arms Control and Disarmament Agency For an additional amount for “Salaries and expenses”, $564,000. Board for International Broadcasting grants and expenses For an additional amount for the Board for International Broadcasting, “Grants and Expenses”, $8,017,000 exclusively for grants to Radio Free Europe/Radio Liberty, of which $4,900,000 shall be for the purposes of (1) upgrading pensions and benefits for the Members of the Society of International Broadcasters, who are pre-1976 Radio Free Europe/Radio Liberty retirees, and (2) the RFE/RL Special Widows Project; and, in addition, there shall be available only upon enactment into law of authorizing legislation, the sum of $13,283,000 which shall be exclusively for grants to Radio Free Europe/Radio Liberty. United States Information Agency salaries and expenses For an additional amount for “Salaries and expenses”, $9,000,000, and, in addition there shall be available the sum of $4,000,000. acquisition and construction of radio facilities For an additional amount for “Acquisition and construction of radio facilities”, $10,800,000. THE JUDICIARY Courts of Appeals, District Courts, and Other Judicial Services salaries of judges For an additional amount for “Salaries of Judges”, $1,400,000. defender services For an additional amount for “Defender Services”, $1,400,000, to remain available until expended. bankruptcy courts, salaries and expenses For an additional amount for “Bankruptcy Courts, Salaries and expenses”, $2,500,000. general provisions Notwithstanding any other provision of law, the Administrative Office of the United States Courts, or any other agency or instrumentality of the United States, is prohibited from restricting solely to staff of the Clerks of United States Bankruptcy Courts the issuance of notices to creditors and other interested parties. The Administrative Office shall permit and encourage the preparation and mailing of such notices to be performed by or at the expense of the debtors, trustees or such other interested parties as the Court may direct and approve. The Administrator of the United States Courts shall make appropriate provisons for the use of and account-ing for any postage required pursuant to such directives. The provisions of this paragraph shall terminate on October 1, 1983. CHAPTER III DEPARTMENT OF DEFENSE—MILITARY Operation and Maintenance operation and maintenance, army For an additional amount for “Operation and maintenance, Army”, $6,190,000. operation and maintenance, navy For liquidation of contract authority in “Operation and maintenance, Navy”, for fiscal year 1980, $25,000,000. Obligations incurred or to be incurred hereafter for termination liability in connection with the TAKX and T-5 programs, for which the Navy has already entered into agreements to charter (including conversion or construction related to such agreements or charters) shall, so long as the Government remains liable for termination costs, be considered as obligations in the current Operation and Maintenance, Navy, appropriation account, to be held in reserve in the event such termination liability is incurred, for the purposes of title 31, United States Code, in an amount equal to 10 percent of the outstanding gross termination liability. operation and maintenance, air force For an additional amount for “Operation and maintenance, Air Force”, $310,000. Procurement missile procurement, army For an additional amount for “Missile procurement, Army”, $453,600,000, to remain available until September 30, 1985. other procurement, army For an additional amount for “Other procurement, Army”, $4,960,000, to remain available until September 30, 1985. aircraft procurement, air force For an additional amount for “Aircraft Procurement, Air Force”, $185,000,000, to be available until September 30, 1985, for long lead procurement of engine, defensive and offensive avionics, and airframe components, in quantities which will be required if Congress approves multiyear procurement of the B-1B pursuant to section 2306(h), title 10, United States Code: Provided, That $185,000,000 appropriated under this head for the B-1B in Public Law 97–377 is rescinded: Provided further, That nothing in this paragraph shall be deemed to approve multiyear procurement of the B-1B. other procurement, air force For an additional amount for “Other procurement, Air Force", $3,210,000, to remain available until September 30, 1985: Provided, That funds available under this heading in Public Law 97–377 may be used for the purchase of six vehicles for physical security of overseas personnel, notwithstanding price limitations applicable to passenger vehicles, but not to exceed $100,000 per vehicle Research, Development, Test and Evaluation research, development, test and evaluation, navy For an additional amount for “Research, development, test and evaluation, Navy”, $1,500,000, to remain available for obligation until September 30, 1984. General Provisions Section 723 of the Department of Defense Appropriation Act, 1983, as enacted in Public Law 97–377, is amended by striking out the first proviso and inserting in lieu thereof: “Provided, That nothing herein shall preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States or its possessions when such procurement is necessary to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or where such procurement is necessary in furtherance of the standardization and interoperability of equipment requirements within NATO so long as such agreements with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act and with section 2457 of title 10, United States Code:”. Funds available to the Department of Defense during the current fiscal year may not be obligated to acquire (by lease or purchase) a replacement aircraft for the CT-39 aircraft from other than a United States firm and such replacement aircraft must be assembled in the United States and utilize an airframe manufactured in the United States. No funds available to the Department of Defense during the current fiscal year may be used to enter into any contract with a term of three years or more, inclusive of any option for contract extension or renewal, for any vessels, aircraft or vehicles, through a lease, charter, or similar agreement, that imposes an estimated termination liability (excluding the estimated value of the leased item at the time of termination) on the Government exceeding 50 percent of the original purchase value of the vessel, aircraft, or vehicle involved for which the Congress has not specifically provided authority in an appropriation Act for the obligation of 10 percent of such termination liability. None of the funds appropriated by this Act may be obligated or expended to formulate or to carry out any requirement that, in order to be eligible to submit a bid or an offer on a Department of Defense contract to be let for the supply of commercial or commercial-type products, a small business concern (as defined pursuant to section 3 of the Small Business Act) must (1) demonstrate that its product is accepted in the commercial market (except to the extent that may be required to evidence compliance with the Walsh-Healey Public Contracts Act), or (2) satisfy any other prequalification to submitting a bid or an offer for the supply of any such product. The amount that may be transferred pursuant to section 732 of the Department of Defense Appropriation Act, 1983, is hereby increased to $1,700,000,000. None of the funds appropriated in this Act may be obligated or expended in any way for the purpose of the sale, lease, rental, or excessing of any portion of land currently identified as Fort DeRussy, Honolulu, Hawaii. CHAPTER IV DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY Corps of Engineers—Civil general investigations For an additional amount for “General Investigations”, $10,000,000, to remain available until expended. flood control and coastal emergencies For an additional amount for “Flood Control and Coastal Emergencies”, $25,000,000, to remain available until expended. general provisions The project for flood protection on the Lower San Joaquin River, California, authorized by the Flood Control Act approved December 22, 1944, as amended, is hereby further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to perform clearing and snagging on the San Joaquin River from Stockton, California, to Friant Dam, at an estimated cost of $5,000,000. Prior to initiation of construction, a non-Federal entity shall provide adequate assurance for providing all lands, easements, rights-of-way and utility relocations at no expense to the Federal Government; execute a written agreement pursuant to section 221 of Public Law 91–611; agree to operate and maintain the project works upon completion of construction in accordance with rules and regulations prescribed by the Department of the Army; and hold and save the United States free from damages due to construction, operation, and maintenance of the project, not including damages due to the fault or negligence of the United States or its contractors. Funds for the Wister Lake project, Oklahoma, authorized pursuant to the Flood Control Act of 1938 (52 Stat. 1218) shall be used to reduce sedimentation impacts by raising the level of the conservation pool permanently by 3 feet and seasonably by an additional 3.4 feet and the Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to take such measures as are necessary to carry out this directive. Contracts for architect and engineering services, and surveying and mapping services, shall be awarded in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to include in the survey report on Three- mile Creek, Mobile, Alabama, the costs and benefits of local improvements initiated subsequent to January 1, 1982, by the city of Mobile for flood damage reduction measures which the Chief of Engineers determines are compatible with and constitute an integral part of his recommended plan. In determining the appropriate non-Federal share for such plan, the Chief of Engineers shall give recognition to costs incurred by non-Federal interests in carrying out such local improvements. The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to prepare a comprehensive study and recommendations for the development and efficient utilization of the water and related resources of southcentral and southeast Oklahoma and to prepare a similar comprehensive study and recommendations for the Red River and its tributaries in Arkansas, Texas, Louisiana, and Oklahoma. Funds herein or hereafter provided for the Beverly Shores, Indiana, project may be used to operate and maintain the emergency shore protection measures constructed pursuant to section 103 of the Energy and Water Development Appropriations Act, 1982 (95 Stat. 1137). Not to exceed $500,000 shall be available for removal of obstructive shoals within the project limits of the Kawkawlin River, MI, project. Section 107 of Public Law 97–88 pertaining to maintenance and operation of the Chicago Sanitary and Ship Canal of the Illinois Waterway in the interest of navigation includes the Control Structure and Lock in the Chicago River, and other facilities as are necessary to sustain through navigation from Chicago Harbor on Lake Michigan to Lockport on the Des Plaines River. Not to exceed $500,000 shall be available for channel clearing of Bayou Rigolette as determined advisable by the Chief of Engineers in the Project Aloha-Rigolette Area, Grant and Rapides Parishes, Louisiana, authorized by the Flood Control Act approved August 18, 1941. The Wallisville Reservoir, Texas, project, authorized by section 101 of the River and Harbor Act of 1962 (Public Law 87–874), is hereby modified with respect to its physical elements and planned operation as recommended in the Wallisville Lake, Texas, Post-Authorization Change Report, July 1981, as supplemented, July 1982. Notwithstanding the above modifications, provisions of the Contract for Water Storage, Salinity Control, and Recreation in Wallisville Reservoir (Contract Numbered DACW64–67–C–0108 signed by the Secretary of the Army, February 2, 1968) between the United States Government and the city of Houston, the Trinity River Authority of Texas, and the Chambers Liberty Counties Navigation District, shall govern non-Federal participation: Provided, That total project cost as cited in said contract shall be understood to consist of (1) costs, exclusive of land costs, actually incurred by the United States in connection with construction of elements currently in place and to be used in the modified plan, including interest during construction; (2) the actual cost of lands used in the modified plan; and (3) completion costs of the modified plan, including interest during construction. The Secretary of the Army is authorized, notwithstanding any other provision of law, to widen, as necessary for safe passage, the navigation opening of Franklin Ferry Bridge, Jefferson County, Alabama. The work herein authorized shall be accomplished at Federal expense; however, no construction to widen the navigation opening shall begin nor contract for alteration of the bridge may be awarded until the owner shall agree that upon completion of the alteration to thereafter operate and maintain the Franklin Ferry Bridge as altered. There is hereby authorized to be appropriated not to exceed $4,000,000, which includes $1,000,000 previously appropriated, to carry out this section. Amounts authorized by this subsection shall be available until expended. The Ventura Marina project authorized by section 101 of the River and Harbor Act of 1968 (Public Law 90–483), as modified, is hereby amended to authorize the Secretary of the Army, acting through the Chief of Engineers to reimburse the Ventura Port District from available Operation and Maintenance, General funds for work performed by the Port just prior to February 25, 1983, in the area normally maintained by the Corps of Engineers. None of the funds appropriated in this or any future Act for the Ventura Marina, California, project may be used to reimburse local interests for any work performed unless such work has the prior approval of the United States Army Corps of Engineers and the Appropriations Committees. Section 164 of the Water Resources Development Act of 1976 (Public Law 94–587) as amended by section 3 of Public Law 97–140, is further amended— (1) by inserting the following after the first sentence: “The Secretary of the Army, acting through the Chief of Engineers, shall construct an approach roadway from the end of the Washington State Route 129 overpass of such bridge to Sixteenth Avenue in the City of Clarkston, Asotin County, Washington,”; and (2) in the last sentence, by striking out “$23,200,000” and inserting in lieu thereof “$24,000,000”. The authorization for the Sardis Lake project contained in section 203 of the Flood Control Act of 1962 (Public Law 87–874) as amended by section 108 of the Energy and Water Development Appropriation Act of 1982 (Public Law 97–88) is hereby amended to authorize the Secretary of the Army, acting through the Chief of Engineers, to plan, design, and construct a water intake structure at an estimated Federal cost of $500,000. The project for navigation at Moriches and Shinnecock Inlets, New York, authorized in section 101 of the River and Harbor Act of 1960 (Public Law 86–645), and the items of local cooperation pertaining thereto, are hereby modified to the extent necessary to require the Secretary of the Army, acting through the Chief of Engineers, to provide for the construction of the Navigation feature independent of other features. Notwithstanding subsection 5901(a) of title 5, United States Code (80 Stat. 508), as amended, the uniform allowance for uniformed civilian employees of the United States Army Corps of Engineers may be up to $400 annually. The United States Army Chief of Engineers may accept the services of volunteers and provide for their incidental expenses to carry out any activity of the Army Corps of Engineers except policymaking or law or regulatory enforcement. Such volunteers shall not be employees of the United States Government except for the purposes of (1) chapter 171 of title 28 of the United States Code, relating to tort claims, and (2) chapter 81 of title 5 of the United States Code, relating to compensation for work injuries. Hereafter, notwithstanding any other provisions of law or of this Act, appropriations for the Yatesville Lake construction project made available by Public Law 97–257, chapter V and Public Law 97–377, title I, section 140 (96 Stat. 1916) shall be obligated to construct the Yatesville Lake project. Section 104(b) of the River and Harbor Act of 1958, Public Law 85–500, as amended by section 302 of the River and Harbor Act of 1965, Public Law 89–298, is further amended by striking out “$5,000,000” and inserting in lieu thereof “$10,000,000”. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to prepare and submit to Congress a feasibility report on the water resource needs in the vicinity of the Homochitto and Buffalo Rivers, Saint Catherine and Coles Creeks, Bayou Pierre, and other major tributaries draining into the Mississippi River between Bayou Pierre and the Buffalo River, Mississippi, to recommend remedial measures for flood control, bank stabilization, sedimentation, and related purposes. The Columbia River at the mouth, Oregon and Washington, project authorized by the River and Harbor Act of July 5, 1884, as amended, is modified to provide for deepening of the northermost 2,000 feet of the channel cross section to 55 feet at Federal expense: Provided, That $5,300,000 of “Construction, general” funds shall be made available to undertake this project modification. Section 1114 of title 18, United States Code, is amended by inserting “any civilian official or employee of the Army Corps of Engineers assigned to perform investigations, inspections, law or regulatory enforcement functions, or field-level real estate functions,” immediately after “National Park Service,”. The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to design and construct and undertake measures necessary to provide a level of protection as the Chief of Engineers determines necessary to prevent recurring flood damages along the Pearl River in the vicinity of Jackson, Mississippi, substantially in accordance with preliminary plans developed by the Mobile District Engineer, at a currently estimated cost of $26,500,000, including $2,300,000 made available in this appropriation for advanced engineering and design. Expenditures by the Pearl River Basin Development District in constructing improvements at the Mississippi Highway 25 Bridge, an integral part of the plan authorized herein, shall be credited toward the local share of the project costs. Prior to implementation of the work authorized herein, non-Federal interests must agree to provide the requirements prescribed in section 3 of the Flood Control Act of 1936, as amended. The Secretary of Army acting through the Chief of Engineers is directed to start construction of the Crater Lake phase of the Snettisham hydroelectric project authorized by the 1962 Flood Control Act with funds appropriated in fiscal years 1982 and 1983. To assure adequate flood protection for developed areas in the vicinity of the Cowlitz and Toutle Rivers, Washington, and to improve navigation in the Columbia River, the navigation project on the Cowlitz River, Washington, authorized by the first section of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved June 25, 1910 (36 Stat. 665), is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to implement and maintain flood control measures on the Cowlitz and Toutle Rivers by dredging or other means determined by the Secretary to be necessary to assure flood protection for developed areas in the vicinity of such rivers against a one-hundred-year flood on the lower Cowlitz River and to reduce sedimentation flow and the chance of blockage on the Columbia River. The authorization provided in this paragraph shall remain in effect until such time as permanent solutions and measures for flood control and navigation as identified in the Chief of Engineers’ Cowlitz and Toutle Rivers final feasibility report, to be submitted to the President and the Congress by the Secretary of the Army, are fully implemented. The project for Cooper River, Charleston Harbor, South Carolina, authorized by the River and Harbor Act of 1968, Public Law 90–483, approved August 13, 1968, is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to install a closure structure in the diversion canal between Lake Marion and Lake Moultrie and to construct such measures as the Chief of Engineers determines necessary to improve the seismic stability of the Pinopolis West Dam on the Cooper River, at an estimated cost of $22,000,000: Provided, That nothing in this paragraph shall waive any requirements under the Federal Power Act of 1935 (49 Stat. 847): Provided further, That in addition to such sums as are otherwise appropriated by this Act there are appropriated an additional $2,000,000, to remain available until expended, for “Construction, general, Corps of Engineers—Civil”, for engineering and design studies in connection with the project authorized by this paragraph. No amount appropriated under this or any other Act may be used by the Secretary of the Army (or his delegate) or by any other agency or instrumentality of the United States to acquire any land or interest in land within the Tensas River National Wildlife Refuge under the power of condemnation. The preceding sentence shall not apply to any land or interest in land owned, as of May 25, 1983, by the Chicago Mill and Lumber Company. DEPARTMENT OF THE INTERIOR Bureau of Reclamation general provisions The Secretary of the Interior is hereby authorized to engage in a feasibility study for the Prairie Bend unit, Pick-Sloan Missouri River Basin program, located in Dawson, Buffalo, and Hall Counties in Nebraska for irrigation, stabilization of ground-water levels, enhancement of water quality, small community and rural domestic water supplies, management of fish and wildlife habitat, public outdoor recreation, flood control, and other purposes determined to be appropriate. Such feasibility study shall include a detailed report on any effects the proposed project may have on wildlife habitat, including habitat of the sandhill crane and the endangered whoop-ing crane. Such feasibility study shall also develop alternative water management plans that are consistent with the Endangered Species Act and the Migratory Bird Treaty Act. Before funds are expended for the feasibility study, the State of Nebraska, or other non-Federal entity, shall agree to participate in the study and to share in the cost of the study. The non-Federal share of the costs may be partly or wholly in the form of services directly related to the conduct of the study. In accordance with the repayment contract for the Dallas Creek participating project of the Upper Colorado River storage project, entered into January 14, 1977, and entitled “Repayment Contract Between the United States of America and the Tri-County Water Conservancy District”, the portion of the costs of such project, including interest on construction costs, allocated to municipal and industrial use which exceeds $38,000,000 shall not be reimbursable. To provide adequate access to the McGee Creek recreation areas, Wildlife Management Area, and Natural Scenic Recreation Area for use and enjoyment by the general public of those facilities, the Secretary of the Interior is authorized to secure right-of-way, design and construct or otherwise improve two existing county access roads (1) westside road beginning at the existing county road extending from Oklahoma State Highway 3 near the community of Lane, Oklahoma, and extending adjacent to the McGee Creek Reservoir and terminating at the existing county road extending from Oklahoma State Highway 43 in the vicinity of Stringtown, Oklahoma, a distance of some 19 miles; (2) eastside road beginning at State Highways 3 and 7 near Center Point, Oklahoma, and extending northward to the upper end of McGee Creek Reservoir, a distance of some 11 miles. The westside road will be constructed with a 24-foot berm and 20-foot paved surface and the east side constructed with a 28-foot berm and 24-foot paved surface. Both roads will have a minimum 6-inch gravel base and be paved with all weather asphaltic surface. The cost for the facilities authorized by this Act shall be nonreimbursable. The Secretary of the Interior is authorized, when he deems it appropriate, to defer over the remaining term of any repayment contract or for a period of five years, whichever is less, the 1983 water service and repayment contract obligations for capital and operation and maintenance costs associated with federally constructed or federally assisted projects to reflect the percentage of acreage removed from cultivation pursuant to the “Special program for Corn, Grain, Sorghum, Upland Cotton, and Rice” under title 7 of the Code of Federal Regulations part 770, and any regulations supplementary thereto or amendatory thereof. Such deferment of payments shall not be deemed a “supplemental or additional benefit” within the meaning of section 203(a)(2) of the Reclamation Reform Act of 1982. The Secretary of the Interior is hereby authorized to engage in feasibility studies of the following proposals: (1) Pilot Butte powerplant, Riverton unit, located in Fremont County, Wyoming; (2) Siletz River Basin project, located in Lincoln and Polk Counties, Oregon; (3) Water conservation and efficient use program, All-American Canal relocation project, located in Imperial County, California; and (4) Gibson Dam powerplant, located on the Sun River in Lewis and Clark Counties, Montana. The Secretary of the Interior shall, under the general investigations authority, engage in a joint. State-led study with the State of Nebraska, which will consult with its appropriate subdivisions, of cost-effective alternatives to the Norden Dam, O’Neill unit of the Pick-Sloan Missouri River Basin program, Nebraska; and shall use available funds to initiate such study. The study period shall not exceed 18 months, starting with enactment of this Act. No funds shall be expended for any construction activity for the Norden Dam, O’Neill unit prior to the completion of this study DEPARTMENT OF ENERGY Energy Supply, Research and Development Activities operating expenses For an additional amount of $500,000 for “Operating Expenses, Energy Supply, Research and Development” to remain available until expended. Atomic Energy Defense Activities plant and capital equipment For an additional amount for “Plant and Capital Equipment, Atomic Energy Defense Activities”, for Project 83-D-200, $18,300,000, to remain available until expended. Western Area Power Administration construction, rehabilitation, operation and maintenance To accelerate the completion of projects which will provide additional power benefits, an additional $30,000,000, to remain available until expended, is hereby appropriated for “Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration”. Federal Energy Regulatory Commission salaries and expenses For an additional amount of $3,488,000, for the Federal Energy Regulatory Commission: Provided, That $500,000 shall be available only for continuation of the Trans-Alaskan Pipeline System (TAPS) case. general provision Appropriations made by this Act and those appropriations made available by Public Law 97–377 for activities provided for in Public Law 97–88 shall be available until expended under the same terms and conditions as was provided under the Energy and Water Development Appropriation Act, 1982, Public Law 97–88: Provided, That not to exceed 10 per centum of “Energy Supply, Research and Development Activities”, “Operating Expenses” and “Plant and Capital Equipment”, and “General Science and Research Activities", “Operating Expenses” and “Plant and Capital Equipment”, of the appropriations made available for fiscal year 1983 for Department of Energy activities provided for in Public Law 97–88 may be transferred between such appropriations, but no such appropriation, except as otherwise provided, shall be increased or decreased by more than 10 per centum by any such transfers, and any such proposed transfers shall be submitted promptly to the Committees on Appropriations of the House and Senate. CHAPTER V MULTILATERAL ECONOMIC ASSISTANCE funds appropriated to the president International Financial Institutions International Development Assistance contribution to the international development association For payment to the International Development Association by the Secretary of the Treasury, $245,000,000, for the United States contribution to the sixth replenishment, to remain available until expended. international organizations and programs For an additional amount for “International organizations and programs” $20,500,000, of which $4,500,000 is available only for payment to the International Atomic Energy Agency and $16,000,000 is available only for payment to the International Fund for Agricultural Development. BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President Agency for International Development Agriculture, Rural Development, and Nutrition For an additional amount for “Agriculture, rural development, and nutrition, Development Assistance”, $5,000,000: Provided, That these funds are available only for Belize. payment to the foreign service retirement and disability fund For an additional amount for “Payment to the Foreign Service Retirement and Disability Fund”, $1,134,000. economic support fund For an additional amount for the “Economic Support Fund”, $301,250,000: Provided, That $150,000,000 of this amount shall be available only for Lebanon, to remain available until expended. Overseas Private Investment Corporation The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $30,000 for official reception and representation expenses), and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 9104), as may be necessary in carrying out the program set forth in the budget for fiscal year 1983. Department of State migration and refugee assistance For an additional amount for “International disaster assistance”, $15,000,000, to remain available until September 30, 1984, which shall be derived by transfer from “Migration and Refugee Assistance”: Provided, That this sum shall be available only for resettlement services and facilities for refugees and displaced persons in Africa. For an additional amount for the “Economic Support Fund”, $5,000,000, to remain available until September 30, 1984, which shall be derived by transfer from “Migration and Refugee Assistance”: Provided, That this sum shall be available only for assistance to combat piracy in the Gulf of Thailand. MILITARY ASSISTANCE Funds Appropriated to the President military assistance program For an additional amount for “Military Assistance”, $93,325,000. foreign military sales credit During fiscal year 1983, for an additional amount for “Foreign Military Credit Sales”, for commitments to guarantee loans, $293,500,000 of contingent liability for loan principal: Provided, That of this sum $100,000,000 shall be available only for assistance to Lebanon. international military education and training For an additional amount for “International military education and training”, $1,000,000. None of the funds in this chapter may be used to provide assistance to Guatemala, except for development projects funded through private voluntary organizations. Notwithstanding section 10 of Public Law 91–672 funds in this chapter may not be obligated until the enactment of authorizing legislation or until September 30, 1983, whichever comes first. CHAPTER VI DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs annual contributions for assisted housing In executing the program for which obligations may be made as authorized by section 5 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c), and approved in appropriation Acts for fiscal year 1983, the Department of Housing and Urban Development shall, with the approval of the Committees on Appropriations, have the authority to reprogram contract authority and the related budget authority among the various activities which may be undertaken under the authority of such section 5, in the budget program set forth in title I of Public Law 98–8 (approved March 24, 1983) under the heading Annual Contributions for Assisted Housing (Disapproval of Deferral) (97 Stat. 13, 16, 17): Provided, That in addition to the above, the budget program set forth in the first proviso under the heading Annual Contributions for Assisted Housing (Disapproval of Deferral) in Public Law 98–8 (97 Stat. 13, 16, 17) is hereby amended to provide for assistance under section 5 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c), for additional section 8 housing of up to six thousand units under loan management, up to seven thousand units under property disposition, and up to nine hundred new or substantial rehabilitation units to be made available to satisfy an existing consent decree, settlement agreement, and set-aside pursuant to court order, respectively, in litigation in which the Department of Housing and Urban Development is a party; for up to one hundred additional public housing units for conversions from assistance under section 23 of such Act as it existed immediately before enactment of Public Law 93–383 (88 Stat. 633); and for amendments, $24,500,000 of contract authority and $245,000,000 of budget authority for existing units: Provided further, That such budget program is hereby amended further to reduce the budget authority to be made available for interest rate adjustments by $340,000,000, section 23 conversions by $63,450,000, public housing amendments by $62,000,000, and amendments for section 8 new construction/substantial rehabilitation by $198,000,000, and the budget authority made available by the foregoing reductions shall be used for the purposes and up to the amounts set forth in the immediately preceding proviso: Provided further, That notwithstanding the limitation on the use of recaptured budget authority in the third proviso under this heading in Public Law 97–377 (96 Stat. 1830, 1907), any budget authority authorized by such section 5 which is recaptured in fiscal year 1983 and exceeds $2,400,000,000 shall also, with the amounts of budget authority which become available as a result of the reductions set forth in the preceding proviso, be made available to satisfy the budget authority requirements of the amendments to such budget program set forth in the first proviso hereof, and such recaptured amounts exceeding the amount of the budget authority necessary to satisfy the requirements of such first proviso shall then be used in accordance with the third proviso under this heading in Public Law 97–377 (96 Stat. 1830, 1907). rent supplement (including transfer of funds and rescission) Of the not more than $105,160,000 in uncommitted balances of authorizations provided in appropriation Acts for the maximum payments that may be required in any fiscal year by all contracts entered into under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) which may be reduced pursuant to the further continuing appropriations for fiscal year 1983, Public Law 97–377 (96 Stat. 1830, 1908), such reduction shall not be made to the extent that such balances would otherwise be available as a result of conversions of contracts under such section 101 to assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 14370, and are made available to amend contracts for payments authorized under such section 101 on behalf of qualified tenants, to provide for increased rent charges and changes of income of tenants: Provided, That any part of the foregoing balances may be transferred, added to and merged with balances of authority, including balances of authority available as a result of conversions of contracts, which otherwise may be made available for amendments to contracts for rental assistance payments pursuant to section 236(0(2) of the National Housing Act (12 U.S.C. 1715z-1) on behalf of qualified tenants, to provide for increased rent charges and changes of income of tenants: Provided further, That up to $50,828,000 in authority under such section 101 and up to $63,365,000 in merged authority under such section 236(f)(2), respectively, shall be available until obligated for amendments to contracts under those provisions in State-aided, noninsured rental housing projects: Provided further, That such amendments shall be for the term of the respective contracts, and the amount of such amendments shall equal 90 per centum of the amount of respective authorities needed for increased rent charges and changes of income of tenants under such contract: Provided further, That of the amounts of authority not required for State-aided, noninsured rental housing projects under such sections 101 and 236(f)(2), up to $23,000,000 and up to $8,429,000, respectively, shall be available until obligated for amendments to contracts under such sections for rental housing projects other than State-aided, noninsured projects, to provide for increased rent charges and changes of income of tenants for less than the term of the contracts under the respective sections: Provided further, That upon the expiration of each contract under such sections 101 or 236(f)(2) on behalf of qualified tenants on a State-aided, noninsured rental housing project, the balance of the authorization provided in appropriation Acts for such contract shall be rescinded: Provided further, That notwithstanding any other provision of law the 90 per centum limitation contained in the third proviso shall be implemented on October 1, 1983 and remain in effect thereafter. payments for operation of low-income housing projects (deferral) Of the funds appropriated under this heading in the Department of Housing and Urban Development-Independent Agencies Appropriation Act (Public Law 97–272), $69,000,000 shall not become available for obligation until October 1, 1983, and shall remain available for obligation until September 30, 1984: Provided, That funds heretofore provided under this heading in Public Law 97–272 shall remain available for obligation for the fiscal year ending September 30, 1984, and shall be used by the Secretary for fiscal year 1984 requirements in accordance with section 9(a), notwithstanding section 9(d) of the United States Housing Act of 1937, as amended. federal housing administration fund For an additional amount for commitments to guarantee loans to carry out the purposes of the National Housing Act, as amended, $5,000,000,000. Section 203(h) Limit Section 203(h) of the National Housing Act is amended by striking out “$14,400” and inserting in lieu thereof “the applicable maximum dollar limit under subsection (b)”. Community Planning and Development urban renewal programs For grants for urban renewal, as an additional amount for urban renewal programs, as authorized by title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), $6,000,000, to remain available until expended: Provided, That no part of any appropriation in this or any other Act shall be used for administrative expenses in connection with commitments for grants aggregating more than the total of amounts available in the current year from the amounts authorized for making such commitments through June 30, 1967, plus the additional amounts appropriated therefor. Environmental Protection Agency salaries and expenses For an additional amount for “Salaries and expenses”, $9,000,000, of which $2,000,000 shall be transferred to "Research and development” to remain available until September 30, 1984 and shall only be used for establishing a center for hazardous waste management. hazardous substance response trust fund The limitation on administrative expenses of the Hazardous Substance Response Trust Fund is increased by $2,000,000: Provided, That the amount available in the current fiscal year for expenses of travel is increased by $500,000. Consumer Information Center Fund Notwithstanding any other provision of law, there is hereby established in the Treasury of the United States a Consumer Information Center Fund, General Services Administration, for the purpose of disseminating Federal Government consumer information to the public and for other related purposes. There shall be deposited into the fund for fiscal year 1983 and subsequent fiscal years: (A) Appropriations from the general funds of the Treasury for Consumer Information Center activities; (B) User fees from the public; (C) Reimbursements from other Federal agencies for costs of distributing publications; and (D) Any other income incident to Consumer Information Center activities. Moneys deposited into the fund shall be available for expenditure for Consumer Information Center activities in such amounts as are specified in appropriation Acts. Any unobligated balances at the end of the fiscal year shall remain in the fund and shall be available for authorization in appropriation Acts for subsequent fiscal years. This fund shall assume all the liabilities, obligations, and commitments of the said Consumer Information Center account. The revenues and collections deposited into the fund shall be available for necessary expenses of Consumer Information Center activities in the amount of $5,415,000 during fiscal year 1983. Administrative expenses of the Consumer Information Center in fiscal year 1983 shall not exceed $1,382,000. For the purposes of the fund, administrative expenses shall be defined as those expenses previously paid from appropriations to the Consumer Information Center. Revenues and collections accruing to this fund during fiscal year 1983 in excess of $6,797,000 shall remain in the fund and shall not be available for expenditure except as authorized in appropriation Acts. The Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1984 (Public Law 98–45), is hereby amended by deleting “other than administrative expenses” from the first proviso under the heading “General Services Administration, Consumer Information Center”. Veterans Administration medical care For an additional amount for “Medical care”, $2,280,000. construction, major projects For an additional amount for “Construction, major projects”, $263,400,000, to remain available until expended. Section 1. general provision (a) Subject to valid existing rights, administration of the following described lands is hereby transferred to the Veterans Administration for use as an addition to the Sitka National Cemetery: That tract of unimproved land lying easterly of existing structures which is a portion of the lands described in Public Land Order 23 FR 6182. Survey. numbered 1707 of August 6, 1958: Provided, That the actual description of the lands to be administered by the Veterans Administration shall be determined by a survey made and approved by the Secretary of the Interior, after consultation with the Secretary of Publication in Federal Register. Agriculture. The actual description shall be published in the Federal Register by the Secretary of the Interior as a Public Land Order. (b) The lands described in subsection (a) of this section are a portion of the lands reserved by Executive Order numbered 8854 of 3 CFR, 1938–1943 Comp., p. 984. August 16, 1941, for use of the United States Coast and Geodetic Survey as a magnetic and seismological observatory site. Subsequently, a portion of the lands described in Executive Order numbered 8854 was transferred by Public Land Order numbered 1707 of August 6, 1958, to the jurisdiction of the Forest Service, Department of Agriculture for use as an administrative site in connection with the administration of the Tongass National Forest. Lands described in subsection (a) of this section are hereby deleted from Executive Order numbered 8854 and Public Land Order numbered 1707. Sec. 2. (a) Subject to valid existing rights and subsection (c) of this 3 CFR, 1938–1943 Comp., p. 984. 23 FR 6182. section: Provided, That the National Park Service shall be permitted to continue to use the residence and other improvements on the lands described in this section for a period of not less than three years from the date of enactment of this Act in accordance with terms mutually agreed to by the Secretary of the Interior and the Administrator of the Veterans Administration: Provided further, That the National Park Service shall pay no more for the use of the residence and other improvements than the money actually expended to maintain the same by the Veterans Administration, administration of the following described public lands is hereby transferred to the Veterans Administration for use as an addition to the Sitka National Cemetery: The lands described as tract numbered 2 of Presidential Proclamation 2965 of February 25, 1952: 3 CFR, 1949–1953 Comp., p. 150. Provided further, That the actual description of the lands to be administered by the Veterans Administration shall be determined by a survey made and approved by the Secretary of the Interior. The Publication in Federal Register. actual description shall be published in the Federal Register as a Public Land Order. (b) The lands described in subsection (a) of this section were reserved by Presidential Proclamation 2965 on February 25, 1952, as an administrative site for the Sitka National Monument. Lands described in subsection (a) of this section are hereby deleted from Presidential Proclamation 2965. (c) In the event that the Administrator of the Veterans Administration determines that all or any part of the lands described in subsection (a) of this section are no longer needed for National Cemetery purposes, those lands no longer needed shall be returned to the jurisdiction of the Secretary of the Interior. Sec. 3. These provisions may be cited as the “Sitka National Cemetery Transfer Act of 1983”. CHAPTER VII DEPARTMENT OF THE INTERIOR Bureau of Land Management payments in lieu of taxes Notwithstanding any other provision of law: (1) 31 U.S.C. 6901(2) is amended to read as follows: “(2) ‘unit of general local government’ means: “(A) a county (or parish), township, borough existing in Alaska on October 20, 1976, or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Secretary of Commerce for general statistical purposes. The term ‘governmental services’ includes, but is not limited to, those services that relate to public safety, environment, housing, social services, transportation, and governmental administration; “(B) the District of Columbia; “(C) the Commonwealth of Puerto Rico; “(D) Guam; and “(E) the Virgin Islands.”. (2) Section 6903(a)(4) is repealed. (3) The United States shall not be subject to any cause of action or any liability for distribution of payments made prior to January 1, 1983, under the Act of October 20, 1976 (90 Stat. 2662), as amended, or regulations pursuant thereto. (4) A new section 6907 is added as follows: “(a) Notwithstanding any other provision of this chapter, a State may enact legislation which requires that any payments which would be made to units of general local government pursuant to this chapter be reallocated and redistributed in whole or part to other smaller units of general purpose government which (1) are located within the boundaries of the larger unit of general local government, (2) provide general governmental services and (3) contain entitlement lands within their boundaries. Such reallocation or redistribution shall generally reflect the level of services provided by, and the number of entitlement acres within, the smaller unit of general local government. “(b) Upon enactment of legislation by a State, described in subsection (a), the Secretary shall make one payment to such State equaling the aggregate amount of payments which he otherwise would have made to units of general local government within such State pursuant to this chapter. It shall be the responsibility of such State to make any further distribution of the payment pursuant to subsection (a). Such redistribution shall be made within 30 days after receipt of such payment. No payment, or portion thereof, made by the Secretary shall be used by any State for the administration of this subsection or subsection (a). “(c) Appropriations made for payments in lieu of taxes for a fiscal year may be used to correct underpayments in the previous fiscal year to achieve equity among all qualified recipients.”. United States Fish and Wildlife Service construction and anadromous fish For an additional amount for “Construction and anadromous fish”, $4,000,000, to remain available until expended. National Park Service operation of the national park system For an additional amount for “Operation of the national park system”, $500,000. construction (including deferral) For an additional amount for “Construction”, $1,000,000, to remain available until expended: Provided, That $63,600,000 made available under this head in Public Law 97–394 and proposed for rescission as R83–16 is hereby deferred and shall not become available for obligation until enactment of the Department of the Interior and Related Agencies Appropriation Act, 1984. land and water conservation fund (rescission ) The contract authority provided for fiscal year 1983 by 16 U.S.C. 4601–10a is rescinded. land acquisition and state assistance For an additional amount for “Land acquisition and State assistance”, $68,200,000 to remain available until expended, of which $8,000,000 is hereby transferred to “Land acquisition”. United States Fish and Wildlife Service for acquisition of lands within the boundaries of Mason Neck NWR, Virginia ($3,000,000), and Ash Meadows, Nevada ($5,000,000); and of which $6,200,000 is hereby transferred to “Land acquisition”. Forest Service for Sawtooth National Recreation Area, Idaho ($4,000,000), and for payment to Pocahontas and Webster Counties, West Virginia ($2,200,000); $4,000,000 is for Rocky Mountain National Park, Colorado; $4,000,000 is for Big Cypress National Preserve, Florida; $6,000,000 is for Big Thicket National Preserve, Texas; $4,300,000 is for Gulf Islands National Seashore, Mississippi; $327,000 is for Chickamauga and Chattanooga National Military Park, Georgia-Tennessee; $166,500 is for Lake Clark National Monument, Alaska; $220,500 is for Acadia National Park, Maine; $34,000,000 is for Redwoods National Park, California, and $986,000 for deficiencies. Geological Survey exploration of national petroleum reserve in alaska (transfer of funds) Of the unexpended balances available under this head, $24,000,000 are hereby transferred to “Surveys, Investigations, and Research”, Geological Survey to become available for obligation upon enactment of the Department of the Interior and Related Agencies Appropriation Act, 1984, to remain available for obligation until September 30, 1984. Office of Surface Mining Reclamation and Enforcement abandoned mine reclamation fund For an additional amount for “Abandoned Mine Reclamation Fund”, $51,870,000, to remain available until expended. Bureau of Indian Affairs operation of indian programs For an additional amount for “Operation of Indian Programs”, $53,150,000: Provided, That $22,000,000 of such amount shall be available until expended for transfer to the State of Alaska on the condition that the State use the funds for the benefit of Alaska Native secondary students by either renovating the former Bureau of Indian Affairs Mount Edgecumbe Boarding School or constructing another non-Federal boarding school facility and the Bureau of Indian Affairs shall not expend any other funds for the operation of any secondary education program or facility in the State after June 30, 1983: Provided further, That while consultation concerning day school transfers to the State of Alaska will continue with affected villages, local concurrence is not required in this continuing effort to establish a single system of education envisioned by the State’s constitution: Provided further, That after June 30, 1984, the Bureau of Indian Affairs shall fund no more than ten day schools in Alaska: Provided further, That the Bureau of Indian Affairs shall not fund any schools in Alaska after June 30, 1985: Provided further, That $9,350,000 of such amount shall be available until expended for transfer to the State of Alaska to assist in the rehabilitation or reconstruction of Bureau-owned schools which are transferred to the State: Provided further, That the $9,350,000 appropriated in Public Law 97–394 available to the State of Alaska to assist in the rehabilitation of Bureau-owned schools which are transferred to the State may also be used for reconstruction: Provided further, That when any Alaska day school operated by contract is transferred, the State shall assume any existing contract pertaining to the operation or maintenance of such school for a minimum of two years or until the expiration of the negotiated contract, whichever comes first: Provided further, That nothing in the foregoing shall preclude assistance otherwise available under the Act of April 16, 1934 (48 Stat. 596) as amended (25 U.S.C. 452 et seq), or any other Act to such schools on the same basis as other public schools: Provided further, That the Secretary of the Interior shall prepare within one year after the date of this Act, an official survey by supplemental plat and convey to the State of Alaska all right, title, and interest of the United States, including all improvements situated thereon, in the following described lands: That portion of Japonski Island (U.S. Survey No. 1496, within protracted sections 34 and 35, T. 55 S., R. 63 E., sections 2 and 3, T. 56 S., R. 63 E., Copper River Meridian, State of Alaska), withdrawn from the public domain of the United States by Public Law 79–478 and Public Law 83–568 for use of the Bureau of Indian Affairs and the Indian Health Service, except the smallest practicable tract, as determined by the Secretary of the Interior, enclosing land actually used in connection with the administration of the Indian Health Service hospital on the date of this Act (this IHS-used land comprising no more than 15.25 acres, excluding roads). The southwesterly boundary of these lands is common with lands withdrawn for use of the United States Coast Guard by public land order and with lands held by the State of Alaska, Division of Aviation. Such conveyance is conditioned upon the execution by the State of Alaska of an agreement to begin operating a Mount Edgecumbe school facility no later than September 1, 1984. The above-described lands reserved for the use of the Indian Health Service shall also be conveyed to the State of Alaska if at any time the Indian Health Service or any successor organization or agency ceases to operate a health care facility on said lands. Enactment of this statute has the full force and effect of an interim conveyance, as defined in the Alaska National Interest Lands Conservation Act, to the State of Alaska, subject to the above condition. The force and effect of such an interim conveyance is to convey to and vest in the State of Alaska exactly the same right, title, and interest in and to the lands as the State would have received had it been issued a patent by the United States. Upon survey of lands covered by the interim conveyance a patent thereto shall be issued to the State of Alaska. The lands conveyed by this statute are not subject to acreage adjustment under section 6 of the Alaska Statehood Act. construction For an additional amount for “Construction”, $240,000, to remain available until expended: Provided, That such amounts as may be available for various activities associated with implementation of the Southern Arizona Water Rights Settlement Act of 1982, as it applies to the Papago Indian Tribe in Arizona, may be transferred to the Bureau of Reclamation. papago trust fund For payment to the authorized governing body of the Papago Tribe of Indians, $15,000,000 to remain available until expended, for deposit in the Papago Trust Fund established by said governing body pursuant to Public Law 97–293 (96 Stat. 1283) which fund shall be held in trust for the benefit of such tribe pursuant to section 309 of that law. cooperative fund (papago) For deposit into the Cooperative Fund established for the benefit of the Papago Tribe of Indians pursuant to section 313, Public Law 97–293 (96 Stat. 1284), $5,250,000, to remain available until expended. Territorial and International Affairs administration of territories For an additional amount for “Administration of territories”, $12,058,000, to remain available until expended. Departmental Offices office of the solicitor For an additional amount for “Office of the Solicitor”, $484,000 for the diligent and immediate pursuance of alternative enforcement measures to enforce previously issued cessation orders against coal mine operators who have not abated the condition for which the cessation order was issued and to accelerate collection of amounts assessed for violation of the Surface Mining Control and Reclamation Act of 1977. 30 USC 1201 note. RELATED AGENCIES DEPARTMENT OF ENERGY administrative provisions, department of energy Notwithstanding section 303(3) of Public Law 97–257, funds provided for Economic Regulatory Administration by this or any other Act shall be used: (1) to maintain not less than three hundred and eighty full-time permanent Federal employees, of which not less than forty employees shall be assigned to the Office of Fuels Conversion, for the fiscal year ending September 30, 1983; and (2) to maintain not less than three hundred and five full-time equivalent Federal employees, of which not less than twenty-seven employees shall be assigned to the Office of Fuels Conversion, for the fiscal year ending September 30, 1984: Provided further, That notwithstanding any other provision of law, the minimum employment level established in Public Law 97–257 for the Office of the Assistant Secretary for Fossil Energy is reduced to 715 with no further amendment to the suballocations therein. DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Services Administration indian health services For an additional amount for “Indian health services”, $19,359,000. DEPARTMENT OF EDUCATION indian education For part C of the Indian Education Act and the General Education Provisions Act, an additional amount of $1,938,000, to remain available until expended. ADMINISTRATIVE PROVISIONS The Secretary shall appoint a Commission to review the Department’s coal leasing procedures to ensure receipt of fair market value within 30 days after enactment of this Act, and said Commission shall make its recommendations within 6 months after enactment of this Act. No funds provided in this or any other Act to agencies funded by the Interior and Related Agencies Appropriation Act, 1983 (Public Law 97–394) may be expended to take actions related to termination of programs or closure of facilities proposed to be terminated or closed in the budget for fiscal year 1984 until enactment of the Interior and Related Agencies Appropriation Act, 1984 or through approved reprogramming procedures. Delaware Water Gap National Recreation Area. In order to further the purposes of the Delaware Water Gap National Recreation Area, and to provide for the public safety of the visitors to the recreation area and the citizens of the States of New Jersey and Pennsylvania: (1) Highway 209, as a federally owned road within the boundaries of the recreation area, is hereby closed to all commercial vehicular traffic upon enactment of this law, except for those commercial vehicular operations which are based within the recreation area, or which have business facilities in Monroe and Pike Counties, Pennsylvania, operating, on the date of enactment, commercial vehicular traffic originating or terminating outside the recreation area, and except for those commercial vehicular operations which are necessary to provide services to businesses and persons located within or contiguous to the boundaries of the recreation area. (2) The Secretary of the Interior is authorized and directed, notwithstanding any other law, to establish a commercial operation fee for the use, in accordance with subsection (1), of highway 209 for all commercial vehicles, except for commercial vehicular operations serving businesses or persons located in or contiguous to the boundaries of the recreation area: Provided, That the fee schedule may not exceed $10 per trip: Provided further, That all fees received shall be set aside in a special account and are available, without further appropriation, for the management, operation, construction, and maintenance of highway 209 within the boundaries of the recreation area. (3) The provisions of subsection (1) of this section shall terminate on December 31, 1983. The provisions of subsection (2) of this section shall terminate three years from the enactment of this section unless construction of the I-287 bypass in New Jersey or any other feasible, suitable alternative has been commenced. In the event construction has been commenced subsection (2) of this section will terminate ten years from the enactment of this section, or when construction of I-287 or any other feasible, suitable alternative is completed, which ever occurs first. (4) Notwithstanding any other provision of law, procedural or substantive, 100 per centum Federal highway trust funds moneys are hereby allocated as part of the State's allocation, and are immediately available for obligation to the State of New Jersey for the construction of the 1–287 bypass in New Jersey or any other feasible, suitable alternative, such appropriation as may be made available by Congress from general appropriations to cover 100 per centum of the cost of the 1–287 bypass or the alternative route. The Congress finds that the Forest Service’s proposal of March 15, 1983, to consider six million acres of the national forest for possible sale has met with considerable opposition; and the national forests are an important part of the national heritage of the United States; and the national forests provide and protect important resources; and the national forests provide unique opportunities for recreation; and it is inconsistent with past management practices to dispose of large portions of our national forests. It is, therefore, the sense of the Congress that it is not in the national interest to grant the authority to sell significant acreage of the national forest until such time as the Forest Service specifically identifies the tracts which are no longer needed by the Federal Government; inventories the tracts as to their public benefit value; provides opportunities for public review and discussion of the tracts; and completes all necessary environmental assessments of such sales. CHAPTER VIII DEPARTMENT OF LABOR Employment and Training Administration employment and training assistance Funds appropriated under the heading “Employment and Training Assistance” in Public Law 97–257 shall remain available for obligation until September 30, 1984. advances to the unemployment trust fund and other funds For an additional amount for “Advances to the unemployment trust fund and other funds”, including nonrepayable advances to the Revolving Fund established by section 901(e) of the Social Security Act, $615,000,000, to remain available until September 30, 1984. Employment Standards Administration black lung disability trust fund For an additional amount for payments from the Black Lung Disability Trust Fund, $186,000,000 which shall be available until September 30, 1984, for payment of all benefits and interest on advances. DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control preventive health services For an additional amount for “Preventive health services”, $2,225,000. National Institutes of Health national cancer institute For an additional amount for “National Cancer Institute” to remain available until September 30, 1984, $3,300,000. national heart, lung, and blood institute For an additional amount for “National Heart, Lung, and Blood Institute” to remain available until September 30, 1984, $1,030,000. national institute of neurological and communicative disorders and stroke For an additional amount for “National Institute of Neurological and Communicative Disorders and Stroke” to remain available until September 30, 1984, $545,000. national institute of allergy and infectious diseases For an additional amount for “National Institute of Allergy and Infectious Diseases” to remain available until September 30, 1984, $4,500,000. Alcohol, Drug Abuse, and Mental Health Administration alcohol, drug abuse, and mental health For an additional amount for “Alcohol, Drug Abuse, and Mental Health” to remain available until September 30, 1984, $400,000. Assistant Secretary for Health health maintenance organization loan and loan guarantee fund For an additional amount for “Health Maintenance Organization Loan and Loan Guarantee Fund”, $2,650,000 to be used solely for obligations resulting from defaulted loans guaranteed by this fund. Social Security Administration payments to social security trust funds For an additional amount for “Payments to Social Security Trust Funds” for expenses authorized by section 152 of Public Law 98–21, $1,300,000,000. GENERAL PROVISIONS From the Rural Development Loan Fund under the Community Economic Development Act of 1981, $10,000,000 in available appropriations shall be obligated in the form of loans only by December 31, 1983. From the Community Development Credit Union Revolving Loan Fund, the entire remaining balance of the Fund as of September 30, 1983, shall be obligated on or before December 31, 1983. No such obligations shall be made in the form of loan guarantees. Sums appropriated under section 101(e)(2) of Public Law 97–377 for health planning activities may be used for carrying out such activities for fiscal year 1983 under section 935(b) of the Omnibus Reconciliation Act of 1981. DEPARTMENT OF EDUCATION education for the handicapped For an additional amount for section 611 of the Education of the Handicapped Act, $47,900,000, to remain available until September 30, 1984. There is appropriated $1,250,000 for section 621 of the Education of the Handicapped Act, relating to regional resource centers, which is an addition to the amounts otherwise available for that section for fiscal year 1983. rehabilitation services and handicapped research For an additional amount for centers for independent living under part B of title VII of the Rehabilitation Act of 1973, $2,120,000: Provided, That the amount appropriated under this paragraph shall be available for special projects under the Rehabilitation Act of 1973 that were reduced by reason of the first proviso under the heading “Rehabilitation Services and Handicapped Research, Department of Education”, contained in Public Law 93–377, if the condition of that proviso has been met. For an additional amount to the National Institute of Handicapped Research for the establishment and support of two research and training centers, $1,500,000, to remain available until expended, one-half of which shall be available for the establishment and support of a research and training center in pediatric rehabilitation pursuant to section 204(b)(1) of the Rehabilitation Act of 1973, and one-half of which shall be available for a research and training center on the rehabilitation needs of the Pacific Basin. elementary and secondary education For an additional amount for subpart 1 of part A of title I of the Elementary and Secondary Education Act of 1965, such sums as may be necessary but not to exceed $40,000,000, to remain available until September 30, 1984, to be available for the payment of grants to local educational agencies located in a State in which the aggregate amount of grants determined for such agencies from amounts appropriated for fiscal year 1983 prior to the date of enactment of this Act is less than 95 percent of the amount of the grants for that State from amounts appropriated for fiscal year 1982 by reason of the application of the 1980 Census data in order to increase the amount for local educational agencies in each such State to the amount determined for that State for fiscal year 1982: Provided, That the amount of the increase in any grant which a local educational agency in any State shall be eligible to receive by reason of the application of this paragraph shall be determined on a pro rata basis. higher and continuing education For an additional amount for “Higher and continuing education”, $4,816,000. student financial assistance Notwithstanding section 413D(b)(1)(B)(ii) of the Higher Education Act of 1965 and section 10 of the Student Financial Assistance Technical Amendments Act of 1982, funds appropriated under this heading and any funds appropriated for fiscal year 1983 for subpart 2 of part A of title IV of the Higher Education Act of 1965 that are not obligated or committed for the fiscal year 1983 shall be allocated in a manner designed to ensure that all eligible institutions receive a minimum funding level based upon a uniform State percentage for such fiscal year. For fiscal year 1983, such sums as necessary shall be made available to compensate private debt collection agencies under contract with the Secretary, as provided for in the Debt Collection Act of 1982 (Public Law 97–365), from amounts collected by these private agencies on loans defaulted under part E of the Higher Education Act, section 406 of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351), and under the Migration and Refugee Assistance Act of 1962 (Public Law 87–510). Facilities Development Health Resources and Services Administration health resources and services For an additional amount for “Health resources and services” for the remodeling and expansion of an existing academic health center library under section 720(a)(1) of the Public Health Service Act, $14,500,000, to remain available until expended; and notwithstanding any other provision of this or any other Act, such amount shall be made available without regard to the provisions of sections 702(b) and 722(a)(1) of the Public Health Service Act. National Institutes of Health national library of medicine For an additional amount to carry out section 301 and parts I and J of title III of the Public Health Service Act with respect to conducting research, development, and demonstration projects at an existing academic health center, $5,900,000, to remain available until expended. grants for construction of academic facilities For part B of title VII of the Higher Education Act of 1965, $22,500,000, to remain available until expended. CHAPTER IX LEGISLATIVE BRANCH Senate expense allowances of the vice president, the president pro tempore, majority and minority leaders, and majority and minority whips For an additional amount for “Expense allowances of the Vice President, the President Pro Tempore, Majority and Minority Leaders, and Majority and Minority Whips”, $2,500 for the Majority Whip and $2,500 for the Minority Whip; in all $5,000: Provided, That, effective with the fiscal year 1983 and each fiscal year thereafter, the expense allowance of the Majority and Minority Whips of the Senate shall not exceed $5,000 each fiscal year for each Whip. Salaries, Officers and Employees administrative, clerical, and legislative assistance to senators For an additional amount for “Administrative, clerical, and legislative assistance to Senators”, $197,000. conference committees For an additional amount for the Conference of the Majority and Conference of the Minority, $50,000 for each such committee; in all $100,000. expense allowances of the secretary of the senate, sergeant at arms and doorkeeper of the senate, and secretaries for the majority and minority of the senate For an additional amount for “Expense allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate”, $1,000 for each such officer; in all $4,000: Provided, That, effective in the case of fiscal years beginning on or after October 1, 1982, the first sentence of section 119(a) of Public Law 97–51 (2 U.S.C. 65c) is amended by striking out “$2,000” and inserting in lieu thereof “$3,000”. Contingent Expenses of the Senate miscellaneous items For an additional amount for “Miscellaneous items”, $240,000. House of Representatives payments to widows and heirs of deceased members of congress For payment to Lila Rosenthal, widow of Benjamin S. Rosenthal, late a Representative from the State of New York, $69,800. For payment to Sala Burton, widow of Phillip Burton, late a Representative from the State of California, $69,800. allowances and expenses For an additional amount for “Allowances and expenses”, $7,946,000. Joint Items office of the attending physician An amount not to exceed $19,000 of the unobligated balance of the appropriation for the Office of the Attending Physician for the fiscal year 1982 shall remain available for obligations for fiscal year 1983. official mail costs For an additional amount for “Official mail costs”, $37,965,000. Office of Technology Assessment salaries and expenses For an additional amount for “Salaries and expenses”, Office of Technology Assessment, $165,000. Architect of the Capitol senate office buildings For an additional amount for “Senate office buildings”, $250,000, to remain available until expended. An additional amount not to exceed $210,000 of the unobligated balance of the appropriation for Senate Office Buildings for the fiscal year 1983 shall remain available until expended. house office buildings For an additional amount for “House office buildings ”, $275,000, to remain available until expended. Notwithstanding any other provision of law, to enable the Architect of the Capitol, under the direction of the Commission on the West Central Front of the United States Capitol, to restore the West Central Front of the United States Capitol (without change of location or change of the present architectural appearance thereof) in substantial accordance with the “Restoration of the West Central Facade” report dated March 1978, $49,000,000, to remain available until expended: Provided, That the Architect of the Capitol, under the direction of such Commission and without regard to the provisions of section 3709 of the Revised Statutes, as amended, is authorized and directed to enter into such contracts, incur such obligations, and make such expenditures for personal and other services and other expenses as may be necessary to carry out this paragraph: Provided further, That any general construction contracts entered into under authority of this paragraph shall be for a firm fixed price, supported by standard performance and payment bonds, and shall be awarded competitively among selected responsible general contractors approved by such Commission and upon the approval by such Commission of the amount of the firm fixed price contracts: Provided further, That, the Commission on the West Central Front of the United States Capitol shall appoint, from among private individuals who are qualified, by reason of education, training, and experience, a consulting architect who shall assist the Commission in directing the Architect of the Capitol with respect to the restoration of the West Central Front of the United States Capitol: Provided further, That the Architect of the Capitol shall keep the consulting architect appointed under this paragraph fully and currently informed of the progress of the restoration of the West Central Front of the United States Capitol: Provided further, That the consulting architect for the restoration of the West Central Front of the United States Capitol appointed under this paragraph shall be paid for his services (out of the sum appropriated by this paragraph) at such rate of pay as the Commission considers appropriate, but not exceeding a rate equal to the daily equivalent of the rate of basic pay payable for grade GS-18 under the General Schedule under section 5332 of title 5, United States Code. Sec. 901. Administrative Provisions (a) Effective October 1, 1982, the allowance for administrative Effective date. 2 USC 61–1 note. and clerical assistance of each Senator from the State of Texas is increased to that allowed to Senators from States having a population of fifteen million but less than seventeen million, the population of said State having exceeded fifteen million inhabitants. (b) Effective October 1, 1982, the allowance for administrative and clerical assistance of each Senator from the State of Colorado is increased to that allowed to Senators from States having a population of three million but less than four million, the population of said State having exceeded three million inhabitants. Sec. 902. The Secretary of the Senate is authorized to withhold from the salary of each Senate page who resides in the page residence hall an amount equal to the charge imposed for lodging, meals, and related services, furnished to such page in such hall. The amounts so withheld shall be transferred by the Secretary of the Senate to the Clerk of the House of Representatives for deposit by such Clerk in the revolving fund, within the contingent fund of the House of Representatives, for the page residence hall and page meal plan, as established by H. Res. 64, Ninety-eighth Congress. Sec. 903. (a) Notwithstanding any provision to the contrary in any contract which is entered into by any person and either the Administrator of General Services or a contracting officer of any executive agency and under which such person agrees to sell or lease to the Federal Government (or any one or more entities thereof any unit of property, supplies, or services at a specified price or under specified terms and conditions (or both), such person may sell or lease to the Congress the same type of such property, supplies, or services at a unit price or under terms and conditions (or both) which are different from those specified in such contract; and any such sale or lease of any unit or units of such property, supplies, or services to the Congress shall not be taken into account for the purpose of determining the price at which, or the terms and conditions under which, such person is obligated under such contract to sell or lease any unit of such property, supplies, or services to any entity of the Federal Government other than the Congress. For purposes of the preceding sentence, any sale or lease of property, supplies, or services to the Senate (or any office or instrumentality thereof) or to the House of Representatives (or any office or instrumentality thereof) shall be deemed to be a sale or lease of such property, supplies, or services to the Congress. (b) The provisions of this section shall take effect with respect to sales or leases of property, supplies, or services to the Congress after the date of enactment of this section. Sec. 904. (a) Subject to subsection (b) of this section and notwithstanding any other provision of law— (1) the compensation of the Librarian of Congress shall be at an annual rate which is equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5, United States Code, and (2) the compensation of the Deputy Librarian of Congress shall be at an annual rate which is equal to the annual rate of basic pay payable for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) The limitations contained in section 306 of S. 2939, Ninety-seventh Congress, as made applicable by section 101(e) of Public Law 5 USC 5318 note. 96 Stat. 1914. 97–276 (as amended by section 128(a) of Public Law 97–377) shall, after application of section 128(b) of Public Law 97–377, be applicable to the compensation of the Librarian of Congress and the Deputy Librarian of Congress, as fixed by subsection (a) of this section. (c) The provisions of subsection (a) shall take effect on the first day Effective date. 2 USC 136a-2 note. of the first applicable pay period commencing on or after the date of the enactment of this Act. Sec. 905. The annual rate of compensation for any individual employed under the provisions of H. Res. 690, Eighty-ninth Congress (enacted into permanent law by Public Law 89–545), shall not exceed the annual rate of basic pay of level V of the Executive Schedule of section 5316 of title 5, United States Code. Sec. 906. Section 101(e) of Public Law 97–276 is amended by 96 Stat. 1186. inserting the following before the paragraph relating to the Congressional Budget Office: “Funds appropriated under the heading ‘Joint Items’, ‘office of the attending physician’ shall include an allowance of $600 per month for a Senior Medical Officer while on duty in the Attending Physician’s Office;”. Sec. 907. None of the funds in this Act or any other Act for the fiscal year ending September 30, 1983, shall be available for any Office of Technology Assessment activity not initiated and approved in accordance with section 3(d) of Public Law 92–484, except that 2 USC 472. funds shall be available for the assessment required by Public Law 96–151. Sec. 908. (a) For the purposes of this section— (1) “charitable organization” means an organization described in section 170(c) of the Internal Revenue Code of 1954; (2) “honorarium” means a payment of money or anything of value to a Member for an appearance, speech, or article, by the Member; but there shall not be taken into account for the purposes of this section any actual and necessary travel expenses, incurred by the Member, and spouse or an aide to the extent that such expenses are paid or reimbursed by any other person, and the amount otherwise determined shall be reduced by the amount of any such expenses to the extent that such expenses are not paid or reimbursed; (3) “Member” means a United States Senator, a Member of the House of Representatives, a Delegate to the House of Repre sentatives, or the Resident Commissioner from Puerto Rico; and (4) “travel expenses” means with respect to a Member, and spouse or an aide, the cost of transportation, and the cost of lodging and meals while away from his or her residence or the metropolitan area of Washington, District of Columbia. (b) (1) Notwithstanding any other provision of law, except as provided in paragraph (2), on and after January 1, 1984, a Member shall not accept honoraria which are attributable to any calendar year and total more than the amount that is equal to 30 percent of the aggregate salary paid to such Member for service as a Member during such calendar year. (2) An individual who becomes a Member on a date after the first day of a calendar year shall not accept honoraria which are attributable to the remaining portion of that calendar year on and after the date such individual becomes a Member and total more than the amount that is equal to 30 percent of the aggregate salary paid to the Member for service as a Member during such calendar year. (3) For the purposes of this subsection, an honorarium shall be attributable to the period or calendar year in which payment is received. (c) Any honorarium, or any part thereof, paid by or on behalf of a Member to a charitable organization shall be deemed not to be accepted for the purposes of subsection (b). (d) Notwithstanding any other provision of law, in the case of a Member who is serving in the office or position of Senator, President pro tempore of the Senate, Majority Leader of the Senate, or Minority Leader of the Senate during a calendar year, the annual rate of pay that is paid to such Member for such service shall not be less than the annual rate of pay payable for such position on December 17, 1982, increased by 15 percent and rounded in accordance with section 5318 of title 5, United States Code. (e) The Commission on Executive, Legislative, and Judicial Salaries shall include in the first report required to be submitted by it after the date of the enactment of this Act a recommendation for an appropriate salary for Members, which recommendation shall assume a prohibition on the receipt of honoraria by Members. (f) Subsection (d) of this section shall take effect with respect to service as a Member performed on or after July 1, 1983. (g) Subsection (b) of section 323 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441i(b)) is amended to read as follows: “(b) Any honorarium, or any part thereof, paid by or on behalf of an elected or appointed officer or employee of any branch of the Federal Government to a charitable organization shall be deemed not to be accepted for the purposes of this section.”. CHAPTER X DEPARTMENT OF TRANSPORTATION Coast Guard national recreational boating safety and facilities improvement fund (liquidation of contract authorization) For payment of obligations incurred for recreational boating safety assistance under Public Law 92–75, as amended, $7,500,000, to be derived from the National Recreational Boating Safety and Facilities Improvement Fund and to remain available until expended. During fiscal year 1983 obligations for recreational boating safety assistance pursuant to section 421 of Public Law 97–424 shall not exceed $7,500,000, and no obligation may be incurred for improvement of recreational boating facilities. Federal Aviation Administration operations For an additional amount for “Operations”, $44,000,000, for payments to lenders and other administrative expenses required as a consequence of any aircraft purchase loan guarantee executed pursuant to the Act of September 7, 1957, as amended (49 U.S.C. 1324 note), to remain available until September 30, 1984. facilities and equipment Of the funds available under this heading, $5,000,000 shall be available from existing appropriations for the Secretary of Transportation to enter into grant agreements with two universities or colleges to conduct demonstration projects in the development, advancement, or expansion of an airway science curriculum and such money, which shall remain available until expended, shall be made available, under such terms and conditions as the Secretary of Transportation may prescribe, to such universities or colleges for the purchase or lease of buildings and associated facilities, instructional materials, or equipment to be used in conjunction with the airway science curriculum. aircraft purchase loan guarantee program Notwithstanding any other provision of law, the Secretary of Transportation may hereafter issue notes or other obligations to the Secretary of the Treasury, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as the Secretary of the Treasury may prescribe. Such obligations may be issued to pay any necessary expenses excluding administrative personnel costs required pursuant to a guarantee issued under the Act of September 7, 1957, as amended (49 U.S.C. 1324 note). The aggregate amount of such obligations shall not exceed $150,000,000 by September 30, 1983. Such obligations shall be redeemed by the Secretary from appropriations authorized by this section. The Secretary of the Treasury shall purchase any such obligations, and for such purpose he may use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force. The purposes for which securities may be issued under such Act are extended to include any purchase of notes or other obligations issued under this subsection. The Secretary of the Treasury may sell any such obligations at such times and price and upon such terms and conditions as he shall determine in his discretion. All purchases, redemptions, and sales of such obligations by such Secretary shall be treated as public debt transactions of the United States. Federal Highway Administration federal-aid highways (liquidation of contract authorization) (trust fund) For an additional amount for “Federal-aid highways”, $300,000,000, or so much as may be available in and derived from the Highway Trust Fund, to remain available until expended. access highways to public recreation areas on certain lakes Appropriations under this heading for fiscal year 1981 shall remain available until September 30, 1984. highways crossing federal projects The period of availability of approximately $400,000 appropriated in Public Laws 94–387, 95–29, 95–85, 95–335, and 96–131 is hereby extended through September 30, 1984. National Highway Traffic Safety Administration state and community highway safety (liquidation of contract authorization) (trust fund) For an additional amount for “State and community highway safety” as authorized by 23 U.S.C. 402 and 408, $2,000,000, to remain available until expended, to be derived from the Highway Trust Fund. highway safety education and information (liquidation of contract authorization) (trust fund) For payment of obligations incurred in carrying out the provisions of section 209 of Public Law 95–599, $1,000,000, to remain available until expended, to be derived from the Highway Trust Fund. Federal Railroad Administration settlements of railroad litigation For liquidation of promissory notes pursuant to section 210(f) of the Regional Rail Reorganization Act of 1973 (Public Law 93–236), as amended, $18,499,000, to remain available until expended. railroad rehabilitation and improvement financing funds For an additional amount for “Railroad rehabilitation and improvement financing funds”, $7,100,000, to remain available until expended, for payment to the Secretary of the Treasury for debt reduction. Urban Mass Transportation Administration urban discretionary grants Notwithstanding any other provision of law, the effective date of section 302(b) of Public Law 97–424 is October 1, 1983. mass transportation capital fund (liquidation of contract authorization) (trust fund) For payment of obligations incurred in carrying out section 21 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), administered by the Urban Mass Transportation Administration, $55,000,000, to be derived from the Highway Trust Fund and to remain available until expended: Provided, That notwithstanding any other provision of law, section 308 of Public Law 97–369 shall apply to any funds made available for obligation by section 21(a)(2)(A) of the Urban Mass Transportation Act of 1964, as amended. General Provision limitation on general operating expenses The limitation on general operating expenses of the Federal Highway Administration is increased by $1,750,000 for necessary expenses to carry out the provisions of section 152 of the Surface Transportation Assistance Act of 1982 for a methane conversion study, to remain available until expended. acosta bridge Notwithstanding subsection (b) of section 142 of Public Law 97–377, the funds made available by such subsection for the Dodge Island Bridge project in Miami, Florida, shall be available for the Acosta Bridge project in Jacksonville, Florida, in accordance with the provisions of section 144 of title 23, United States Code, to remain available until expended: Provided, That, notwithstanding any other provisions of law, obligations incurred under this section shall not be subject to any limitation on obligations for Federal-aid highways. Notwithstanding section 144 of title 23, United States Code, and any other provision of law, the Secretary of Transportation shall make available, upon request of the State of Georgia, under such section 144, an amount not to exceed $5,000,000, from funds appropriated in this Act or previous Acts, such sum to initiate the design and engineering phase of the Eugene Talmadge Memorial Bridge replacement project in Savannah, Georgia. RELATED AGENCIES Motor Carrier Ratemaking Study Commission salaries and expenses (including transfer of funds) Of the funds made available under the heading of Department of Transportation, Office of the Secretary, Salaries and Expenses, for Fiscal Year 1983 for the Motor Carrier Ratemaking Study Commission, unobligated balances available as of September 30, 1983, shall remain available until expended. Panama Canal Commission operating expenses For payment to the Republic of Panama, pursuant to Article XIII, paragraph 4(c), of the Panama Canal Treaty of 1977, such amounts as may be necessary, but not to exceed $378,635, to be derived from the Panama Canal Commission Fund: Provided, That none of these funds may be expended prior to validation by an audit of the General Accounting Office. CHAPTER XI DEPARTMENT OF THE TREASURY Office of the Secretary Of the sums appropriated for Office of the Secretary, Salaries and Expenses, not to exceed $18,500 may be used for official reception and representation functions. Of the sums appropriated for International Affairs, not to exceed $66,500 may be used for official reception and representation functions. U.S. Customs Service For payment of claims against the United States Customs Service, $2,430. EXECUTIVE OFFICE OF THE PRESIDENT Official Residence of the Vice President For an additional amount for “Operating expenses”, $141,000. Office of Management and Budget salaries and expenses For an additional amount for “Salaries and expenses”, $669,000. INDEPENDENT AGENCIES General Services Administration federal buildings fund limitations on availability of revenue In addition to the aggregate amount heretofore made available for real property management and related activities in fiscal year 1983, $8,102,000 shall be made available for such purposes and shall remain available until expended for the construction and acquisition of facilities, as follows: Payment of Construction Claims: Florida: Fort Lauderdale, Courthouse and Federal Office Building and Parking Facility, $442,300. Georgia: Atlanta, Courthouse and Federal Office Building, $7,075,000. Mississippi: Hattiesburg, Courthouse and Federal Building, $213,100, Jackson, Federal Office Building, $125,600. South Carolina: Columbia, Federal Building and United States Courthouse, $246,000: Provided, That the immediately foregoing limits of costs may be exceeded to the extent that savings are effected in other such projects but by not to exceed 10 per centum: Provided further, That claims against the Government of less than $10,000 arising from direct construction projects, acquisition of buildings, and purchase contracts projects pursuant to Public Law 92–313 be liquidated with prior notification of the Committees on Appropriations of the House and Senate to the extent savings are effected in other such projects: Provided further, That any revenues and collections and any other sums accruing to this fund during fiscal year 1983, excluding reimbursements under section 210(f)(6) in excess of $2,057,748,500 shall remain in the fund and shall not be available for expenditure except as authorized in appropriation Acts. Office of Personnel Management payment to civil service retirement and disability fund For an additional amount for “Payment to Civil Service Retirement and Disability Fund”, $342,269,000. revolving fund Pursuant to section 1304(e)1(i)(ii) of title 5, United States Code, costs for entertainment expenses of the President’s Commission on Executive Exchange shall not exceed $12,000. salaries and expenses For necessary expenses to carry out functions of the Office of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, not to exceed $1,000 for official reception and representation funds. Merit Systems Protection Board salaries and expenses For an additional amount for “Salaries and expenses”, $1,600,000. ADMINISTRATIVE PROVISIONS None of the funds appropriated under this Act shall be obligated or expended to implement, administer or enforce the proposed Office of Personnel Management regulations published in the Federal Register on March 30, 1983, at pages 13342–13377 and 13380–13381, unless and until the Comptroller General completes review pursuant to section 4304(b)(2) of title 5, United States Code. No funds appropriated by this Act shall be used by the Internal Revenue Service— (1) to enforce any ruling which would subject to tax under subtitles A and C of the Internal Revenue Code of 1954 the value of campus lodging furnished by, or on behalf of, any educational institution described in section 170(b)(1)(A)(ii) of such Code to any employee of such institution or any spouse or dependent (within the meaning of section 152 of such Code) of such employee, or (2) to conduct any other activity with respect to the assessment or collection of any such tax on such value. For purposes of applying section 44C of the Internal Revenue Code of 1954, paragraph (10) of section 44C(c) of such Code (relating to property financed by subsidized energy financing) shall not apply with respect to any financing for energy conservation or renewable energy source expenditures which was provided— (1) before January 1, 1983, (2) under a State program in existence before 1978, and (3) with respect to any residence the first mortgage on which is financed by the proceeds of any qualified veterans’ mortgage bond (within the meaning of section 103A(c)(3) of such Code). CHAPTER XII DISTRICT OF COLUMBIA District of Columbia Funds governmental direction and support (rescission) Of the funds appropriated for “Governmental direction and support” for fiscal year 1983 in Public Law 97–378, $2,759,000 are rescinded. economic development and regulation (rescission) Of the funds appropriated for “Economic development and regulation” for fiscal year 1983 in Public Law 97–378, $2,538,800 are rescinded. public safety and justice For an additional amount for “Public safety and justice”, $9,130,600. public education system (rescission) Of the funds appropriated for “Public education system” for fiscal year 1983 in Public Law 97–378, $1,871,100 are rescinded. human support services For an additional amount for “Human support services”, $2,087,400. transportation services and assistance (rescission) Of the funds appropriated for “Transportation services and assistance” for fiscal year 1983 in Public Law 97–378, $544,600 are rescinded. environmental services and supply (rescission) Of the funds appropriated for “Environmental services and supply” for fiscal year 1983 in Public Law 97–378, $5,504,500 are rescinded. personal services (rescission) Of the funds appropriated for “Personal services” for fiscal year 1983 in Public Law 97–378, $8,748,800 are rescinded. energy adjustment For an additional amount for “Energy adjustment”, $2,078,500. unallocated general fund adjustment (rescission) Of the funds appropriated out of the “General fund” for fiscal year 1983 in Public Law 97–378, $15,183,600 are rescinded. washington convention center enterprise fund For an additional amount for “Washington convention center enterprise fund”, $830,700. lottery and charitable games enterprise fund For an additional amount for “Lottery and charitable games enterprise fund”, $1,000,000. general provision Title 11, section 11–1732(d) of the District of Columbia Code, is amended by striking out “1983” and inserting in lieu thereof “1984”.

3. 1988

   Pub. L. 100–446 title I · 102 Stat. 1774

   1. Amended · 31 U.S.C. § 6901(2)(A)

      Pub. L. 100–446, as amended by Pub. L. 103–272

   2. Struck · 31 U.S.C. § 6901(2)(A)

      Pub. L. 100–446, as struck out “existing in Alaska on October 20, 1976” after “township, borough”

   Source evidence

   Code amendment note
   Par. (2)(A). Pub. L. 100–446, as amended by Pub. L. 103–272, struck out “existing in Alaska on October 20, 1976” after “township, borough”.

   Enacted provision · exact public law
   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, $508,462,000, of which not to exceed $1,000,000 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)), $70,000,000 for firefighting and repayment to other appropriations from which funds were transferred under the authority of section 102 of the Department of the Interior and Related Agencies Appropriations Act, 1988, and $23,000,000 for the Auto-mated Land and Mineral Record System Project shall remain available until expended: 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: Provided further, That in fiscal year 1989 all but $742,000 of receipts, and thereafter all receipts from fees established by the Secretary of the Interior for processing of actions relating to the administration of the General Mining Laws shall be available for program operations in Mining Law Administration by the Bureau of Land Management to supplement funds otherwise available, to remain available until expended. construction and access For acquisition of lands and interests therein, and construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $5,431,000, 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), $105,000,000, of which not to exceed $400,000 shall be available for administrative expenses. The Payments in Lieu of Taxes Act (31 U.S.C. 6901(2)) is amended by deleting the phrase “existing in the State of Alaska on the date of enactment of this Act” from the definition of a unit of Government. 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 interest therein, $12,290,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. oregon and california grant lands For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein including existing connecting roads on or adjacent to such grant lands; $60,000,000, to remain available until expended: Provided, That the amount appropriated herein for road construction shall be transferred to the Federal Highway Administration, Department of Transportation: Provided further, 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 n 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 BankheadJones lands transferred to the Department of the Interior pursuant to law, but not less than $8,506,000, 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 ex-pended: Provided, That notwithstanding any provision to the contrary of subsection 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 subsection, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to subsection 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this or subsequent appropriations Acts by the Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such forfeiture, compromise, or settlement are used on the exact lands damage to which led to the forfeiture, compromise, or settlement: Provided further, That such moneys are in excess of amounts needed to repair damage to the exact land for which collected. miscellaneous trust funds 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 omit-ted lands under section 211(b) of that Act, to remain available until expended. administrative provisions Appropriations for the Bureau of Land Management shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $25,000 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 appropriations herein made for Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expenditures made under the appropriation “Oregon and California grant lands”) shall be reimbursed to the General Fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the “Oregon and California land grant fund” and section 4 of the Act approved May 24, 1939 (53 Stat 754), of the special fund designated the “Coos Bay Wagon Road grant fund”: Provided further, That appropriations herein made may be expended for surveys of Federal lands of the United States and on a reimbursable basis for surveys of Federal lands of the United States and for protection of lands for the State of Alaska: Provided further, That an appeal of any reductions in grazing allotments on public rangelands must be taken within thirty days after receipt of a final grazing allotment decision. Reductions of up to 10 per centum in grazing allotments shall become effective when so designated by the Secretary of the Interior. Upon appeal any proposed reduction in excess of 10 per centum shall be suspended pending final action on the appeal, which shall be completed within two years after the appeal is filed: Provided further, That appropriations herein made shall be available for paying costs incidental to the utilization of services contributed by individuals who serve without compensation as volunteers in aid of work of the Bureau: Provided further, That notwithstanding section 5901(a) of title 5, United States Code, the uniform allowance for each uniformed employee of the Bureau of Land Management shall not exceed $400 annually. United States Fish and Wildlife Service resource management For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport 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 Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93–408, $360,688,000, of which $5,000,000, to carry out the purposes of 16 U.S.C. 1535, shall remain available until expended; and of which $6,811,000 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: Provided, That none of the funds provided herein may be used for the planning, implementation, or financing of agreements or arrangements with entities for the management of the Wynne complex on Matagorda Island, Texas, except for agreements or arrangements existing as of the date of enactment of this Act; and of which $1,500,000 shall remain available until expended for the development and installation of displays, exhibits, films, and other educational material for an ecological center, which will display the interdependency of fish and wildlife habitat upon each other and the need for informed public steward-ship of these resources, including man’s impact on freshwater and coastal streams, and which will be located on non-Federal land and be constructed by non-Federal participants. construction and anadromous fish For construction and acquisition of buildings and other facilities required in the conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; $31,834,000, to remain available until expended, of which $2,000,000 shall be available for expenses to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a–757g). 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, $57,529,000, to be derived from the Land and Water Conservation Fund, to remain available until expended: Provided, That of the funds provided to the United States Fish and Wildlife Service under the heading ‘Construction and Anadromous Fish” in Public Law 100–71, $1,200,000 shall be expended for the lease or purchase of water rights, from willing sellers, for the benefit of Stillwater Wildlife Management Area, Nevada: Provided further, That the lease or purchase shall be carried out pursuant to the statutory and procedural requirements of the laws of the State of Nevada, and the Secretary shall proceed with any such lease or purchase pursuant to this appropriation if and only if the Secretary receives certification from the State of Nevada that the transfer of water rights and associated change of use for the beneficial use of Stillwater Wildlife Management Area is approved by the State of Nevada. The Secretary may acquire lands and waters or interests therein subject to the interest of the State of California, including the public trust, in lands including submerged lands which are now or at any time have been below the highest high water mark of the Sacramento River and/or its tributaries, in the event the boundary of said river has been artifically raised, or said lands are now or at any time have been below the ordinary high water mark of the Sacramento River, if said river and/or its tributaries is in its natural state; and further subject to any adverse claim based upon the assertion that (i) any portion of said lands is not now or has not at any time been below the highest high water mark of the Sacramento River and/or its tributaries, in the event the boundary of said river has been artificially raised, or is not now and has not at any time been below the ordinary high water mark, if said river and/or its tributaries is in its natural state; (ii) some portion of said lands has been created by artificial means or has accreted to such portion so created; or (iii) some portion of said lands has been brought within the boundaries thereof by an avulsive movement of the Sacramento River and/or its tributaries, or has been formed by accretion to any such portion. national wildlife refuge fund For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $6,645,000. administrative provisions Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed 160 passenger motor vehicles, of which 153 are for replacement only (including 46 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 hereafter the Columbian White Tail Deer Refuge shall be known as the Julia Butler Hansen Refuge for the Columbian White Tail Deer. 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 $442,000 for the Roosevelt Campobello International Park Commission and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93–408, $744,835,000, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), of which not to exceed $52,200,000 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 the National Park Service shall not enter into future concessionaire contracts, including renewals, that do not include a termination for cause clause that provides for possible extinguishment of possessory interests excluding depreciated book value of concessionaire investments without compensation: Provided further, That $85,000 shall be available to assist the town of Harpers Ferry, West Virginia, for police force use: Provided further, That funds appropriated to the National Park Service may be used for the purchase or hire of personnel services without regard to personnel laws as contained in title V of the United States Code, only to provide for the orderly transition from regional finance offices to a central finance office: Provided further, That of the funds provided herein, $250,000 is available for the National Institute for the Conservation of Cultural Property: Provided further, That no funds appropriated by this Act shall be available to remove, obstruct, dewater, fill, or otherwise damage the Brooks River fish ladder in the Katmai National Park, Alaska: Provided further, That where any Federal lands included within the boundary of the Park created by the Act of December 18, 1971 (Public Law 92–207), were legally occupied or utilized on the date of approval of that Act for grazing purposes pursuant to a lease, permit, or license issued or authorized by any department, establish-ment, or agency of the United States, the person or persons so occupying or utilizing such lands and the heirs of such person or persons shall at that time be entitled to renew said leases, permits, or licenses under such terms and conditions as the Secretary of the Interior may prescribe, for the lifetime of the permittee or any direct descendants (sons or daughters) born on or before the enactment of Public Law 92–207 (December 18, 1971). Such grazing activities shall be subject to the following conditions: (a) Grazing will be based on active preference that exists on the date of this Act and no increase in animal unit months will be allowed on Park lands. (b) No physical improvements for stock use will be established on National Park Service lands without the written concurrence of the Park Superintendent. (c) Nothing in this section shall apply to any lease, permit, or license for mining purposes or for public accommodations and services or to any occupancy or utilization of lands for purely temporary purposes. (d) Nothing contained in this Act shall be construed as creating any vested right, title interest, or estate in or to any Federal lands. (e) The provisions of Public Law 97–341 are hereby repealed. (f) Grazing will be managed to encourage the protection of the Park’s natural and cultural resources values. national recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance and review, and grant administration, not otherwise provided for, $14,608,000. 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), $30,500,000 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, 1990: Provided, That the Trust Territory of the Pacific Islands is a State eligible for Historic Preservation Fund matching grant assistance as authorized under 16 U.S.C. 470w(2): Provided further, That pursuant to section 105(1) of the Compact of Free Association, Public Law 99–239, the Federated States of Micronesia and the Republic of the Marshall Islands shall also be considered States for purposes of this appropriation: Provided further, That $1,000,000 of the amount appropriated herein shall remain available until expended in the Bicentennial Light-house Fund, to be distributed on a matching grant basis after consultation among the National Park Service, the National Trust for Historic Preservation, State Historic Preservation Officers from States with resources eligible for financial assistance, and the light-house community. Consultation shall include such matters as a distribution formula, timing of grant awards, a redistribution procedure for grants remaining unobligated longer than two years after the award date, and related implementation policies. The distribution formula for fiscal year 1989 shall include consideration of such factors as— (A) the number of lighthouses on or determined to be eligible for listing on the National Register of Historic Places by March 30, 1989; (B) the number of river lights and number of historic river sites on or determined to be eligible for listing on the National Register by March 30, 1989; and (C) the availability of matching contributions in the State: Provided further, That no State shall receive more than 15 per centum of the Bicentennial Lighthouse Fund in any one fiscal year, nor more than 10 per centum of the total appropriations to the Fund in any two fiscal year period: Provided further, That only the light station structure, itself, shall be counted in determining the number of properties in each State eligible to participate in the Fund: Provided further, That the Secretary shall allocate appropriate funds from the Bicentennial Light-house Fund to be transferred, without the matching requirement, for use by Federal agencies, in cooperative agreements with the National Park Service and the State Office of Historic Preservation in which the property is located, for properties otherwise eligible for the National Register but owned by the Federal Government. construction For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), $159,108,000, to remain available until expended, including $1,450,000 to carry out the provisions of sections 302, 303, and 304 of Public Law 95–290: Provided, That for payment of obligations incurred for continued construction of the Cumberland Gap Tunnel, as authorized by section 160 of Public Law 93–87, $47,000,000 to be derived from the Highway Trust Fund and to remain available until expended to liquidate contract authority provided under section 104(a)(8) of Public Law 95–599, as amended, such contract authority to remain available until expended. land and water conservation fund (rescission) The contract authority provided for fiscal year 1989 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 land or waters, or interest therein, in accordance with statutory authority applicable to the National Park Service, $72,609,000 to be derived from the Land and Water Conservation Fund, to remain available until expended, including $3,300,000 to administer the State Assistance program: Provided, That of the amounts previously appropriated to the Secretary’s contingency fund for grants to States, $357,000 shall be available in 1989 for administrative expenses of the State grant program: Provided further, That $3,000,000 of the funds made available herein shall be available for land acquisition at Congaree Swamp National Monument, South Caro-lina, subject to enactment of authorizing legislation: Provided further, That notwithstanding the provisions of Public Law 95–625, the Secretary may initiate condemnation with the consent of the owner of property, improved or unimproved, within the boundary or at a currently authorized administrative site of the New River Gorge National River, West Virginia. john f. kennedy center for the performing arts For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $5,181,000: Provided, That contracts hereafter awarded for environmental systems, housekeeping, protection systems, and repair or renovation of buildings of the John F. Kennedy Center for the Performing Arts may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. illinois and michigan canal national heritage corridor commission For operation of the Illinois and Michigan Canal National Heritage Corridor Commission, $250,000. american revolution bicentennial administration For expenses necessary to pay awards resulting from claims by licensees against the American Revolution Bicentennial Administration and its successors, $4,765,000: Provided, That payment of awards shall occur no later than 30 days after enactment of this Act. National Film Preservation Board salaries and expenses For necessary expenses of the National Film Preservation Board in the Library of Congress, $250,000: Provided, That the following may be cited as the “National Film Preservation Act of 1988”: The Congress finds that— (1) motion pictures are an indigenous American art form that has been emulated throughout the world; (2) certain motion pictures represent an enduring part of our Nation’s historical and cultural heritage; and (3) it is appropriate and necessary for the Federal Government to recognize motion pictures as a significant American art form deserving of protection. SEC. 2. NATIONAL FILM REGISTRY. The Librarian of Congress (hereafter in this Act referred to as the “Librarian”) shall establish a National Film Registry pursuant to the provisions of this Act, for the purpose of registering films that are culturally, historically, or aesthetically significant. SEC. 3. DUTIES OF LIBRARIAN OF CONGRESS. (a) Powers.— (1) The Librarian shall, after consultation with the Board established pursuant to section 8, and pursuant to the rule-making procedures provided in subchapter II of chapter 5 of title 5, United States Code, known as the Administrative Procedures Act— (A) establish criteria for guidelines pursuant to which such films may be included in the National Film Registry, except that no film shall be eligible for inclusion in the National Film Registry until 10 years after such film’s first theatrical release; (B) establish a procedure whereby the general public may make recommendations to the Board regarding the inclusion of films in such National Film Registry; and (C) establish general guidelines so that film owners and distributors are able to determine whether a version of a film registered on the National Film Registry which is in their possession has been materially altered. (2) In addition, the Librarian shall— (A) determine, from time to time, after consultation with the Board, which films satisfy the criteria developed pursuant to paragraph (1)(A) and qualify to be included in the National Film Registry, except that the Librarian shall not select more than 25 films per year for inclusion in such Registry; (B) convene, from time to time, a panel of experts, as provided in subsection (b), solely to advise the Board on whether it is necessary to petition Congress to revise the definition of “material alteration”; (C) provide a seal to indicate that the film has been included in the National Film Registry as an enduring part of our national cultural heritage and such seal may then be used in the promotion of any version of such film that has not been materially altered; and (D) have published in the Federal Register the name of each Federal Register, publication. Reports. film that is selected for inclusion in the National Film Registry. (3) (A) The Librarian shall submit annual reports to the appropriate Committees of the Congress listing films included on the National Film Registry and describing the criteria used in determining why specific films were included in the National Film Registry. (B) The first such report shall be submitted within 12 months after the date of enactment of this Act. (b) Composition of Panel.— The panel provided for in subsection (a)(2)(B) shall be chosen by the Librarian. It shall be comprised of four persons, one representative each from the Motion Picture Association of America and the National Association of Broadcasters, and one representative of the Directors Guild of America and one representative of the Screen Actors Guild of America. The Presidents of these four organizations shall recommend three nominees to serve on such panel. (c) Appeals to the Librarian.— (1) The owner, exhibitor, or distributor of a film may appeal to the Librarian— (A) objecting to the Board’s recommendation of such film for inclusion in the National Film Registry; or (B) the determination that a version of a film which is included in the National Film Registry has been materially altered. (2) The Librarian shall refer such appeals to the Board for its recommendation. (c) Registry Collection.— The Librarian shall endeavor to obtain, Gifts and property. by gift from the owner, an archival quality copy of an original version of each film included in the National Film Registry. All films so received by the Librarian shall be maintained in a special collection in the Library of Congress to be known as the “National Regulations. Film Board Collection”. The Librarian shall, by regulation, provide for reasonable access to films in such collection. SEC 4. LABELING REQUIREMENTS. (a) Label Required.— Except as otherwise provided in this section, no person shall knowingly distribute or exhibit to the public a materially altered version of a film included in the National Film Registry unless the version is labeled as required by this section. (b) Effective Date of Label.— Except as provided in subsection (c), any labeling requirement established pursuant to this section shall be effective 45 days after publication in the Federal Register indicating that a film has been selected for inclusion in the National Film Registry. (c) Exceptions.— With respect to films intended for home use through either retail purchase or rental, the provisions of subsection (b) shall apply, however no requirements imposed under this section shall apply to— (1) a film which has been packaged for distribution prior to the effective date of such requirement with respect to such film, except that the provisions of this paragraph shall not apply if the packaging has been accelerated in contemplation of imposition of such requirement; or (2) a retail distributor of films for home use, other than a manufacturer or packager, who has in good faith relied on compliance with the provisions of this Act by the manufacturer, wholesaler, or packager of a film. (d) Requirements of the Label.— (1) (A) A label for a materially altered version of a film, other than a colorized version, shall consist of a panel card immediately preceding the commencement of the film which bears the following statement: “This is a materially altered version of the film originally marketed and distributed to the public. It has been altered without the participation of the principal director, screenwriter, and other creators of the original film.”. (B) Such a label shall appear in a conspicuous and legible type. (2) (A) A label for a colorized version of a film shall consist of a panel card immediately preceding the commencement of the film which bears the following statement: “This is a colorized version of a film originally marketed and distributed to the public in black and white. It has been altered without the participation of the principal director, screenwriter, and other creators of the original film.”. (B) Such a label shall appear in a conspicuous and legible type. (3) (A) A label for a film package of a materially altered film, other than a colorized version, shall consist of— (i) an area of a rectangle on the front of the package which bears the following statement: “This is a materially altered version of the film originally marketed and distributed to the public. It has been altered without the participation of the principal director, screenwriter, and other creators of the original film.”; and (ii) an area of a rectangle on the side of the package which bears the following statement: “This is a materially altered version of the film originally marketed and distributed to the public. See front panel.”. (B) Such labels shall appear in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. (4) (A) A label for a film package of a colorized version of a film shall consist of— (i) an area of a rectangle on the front of the package which bears the following statement: “This is a colorized version of a film originally marketed and distributed to the public in black and white. It has been altered without the participation of the principal director, screenwriter, and other creators of the original film.”; and (ii) an area of a rectangle on the side of the package which bears the following statement: “This is a colorized version of original work. See front panel.”. (B) Such labels shall appear in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. SEC. 5. MISUSE OF SEAL. No person shall knowingly distribute or exhibit to the public a version of a film which bears a seal as described by section 3(a)(2)(C) of this Act if such film— (1) is not included in the National Film Registry; or (2) is included in the National Film Registry, but such version has been materially altered. SEC. 6. REMEDIES. (a) Jurisdiction and Standing.— The several district courts of the Courts, U.S. United States shall have jurisdiction, for cause shown, to prevent and restrain violations of sections 4 and 5 of this Act upon the application of the Librarian to the Attorney General of the United States acting through the several United States Attorneys in their several districts. (b) Relief.— (1) Except as provided in paragraph (2), relief shall be limited to the prospective inclusion or application of, or removal of, a label as appropriate. (2) In the case in which the Librarian finds a pattern or practice of Law enforcement and crime. the willful violation of this Act, the United States District Courts may order civil fines of not more than $10,000 and appropriate injunctive relief. SEC. 7. LIMITATIONS OF REMEDIES. (a) The remedies provided in section 6 shall be the exclusive remedies under this Act or any other Federal or State law, regarding the use of a seal as described by section 3(a)(2)(C) or labeling of materially altered films. (b) No remedies under section 6 of this title shall be available with respect to any film which is exempted from the labeling requirements of this Act pursuant to section 4(c). SEC 8. NATIONAL FILM PRESERVATION BOARD. (a) Number and Appointment.— (1) The Librarian shall establish in the Library of Congress a National Film Preservation Board to be comprised of thirteen members, selected by the Librarian in accordance with the provisions of this paragraph. Each organization listed in subparagraphs (A) through (M) shall submit a list of not less than 3 qualified candidates to the Librarian. The Librarian shall appoint one member from each such list submitted by the following organizations, and shall designate from that list an alternate who may attend those meetings to which the individual appointed to the Board cannot attend: (A) the Academy of Motion Picture Arts and Sciences; (B) the Directors Guild of America; (C) the Writers Guild of America; (D) the National Society of Film Critics; (E) the Society for Cinema Studies; (F) the American Film Institute; (G) the Department of Theatre, Film and Television, College of Fine Arts at the University of California, Los Angeles; (H) the Department of Cinema Studies in the Graduate School of Arts and Science at New York University; (I) the University Film and Video Association; (J) the Motion Picture Association of America; (K) the National Association of Broadcasters; (L) the Association of Motion Picture and Television Producers; and (M) the Screen Actors Guild of America. (2) Before the Librarian selects nominees for such Board, such Librarian shall request that each of the entities listed in paragraph (1) who do not currently have a nominee on such Board nominate three individuals to serve on such Board. No individual may serve on the Board for more than one term and each entity shall be represented a comparable number of times. (b) Chairperson.— The Librarian shall appoint one member to serve as Chairperson. (c) Term of Office.— (1) The term of each member of the Board shall be 3 years. (2) A vacancy in the Board shall be filled in the manner prescribed by the Librarian, except that no entity listed in subsection (a) may have more than one nominee on the Board at any one time. Appointments may be made under this subsection without regard to section 5311(b) of title 5, United States Code. Any member appointed to fill a vacancy before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. (d) Quorum.— Seven members of the Board shall constitute a quorum but a lesser number may hold hearings. (e) Basic Pay.— Members of the Board shall serve without pay. While away from their homes or regular places of business in the performance of services for the Board, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5 of the United States Code. (f) Meetings.— The Board shall meet at least twice each calendar year and the first such meeting shall be within 120 days after the effective date of this Act. Meetings shall be at the call of the Chairperson or a majority of its members. (g) Conflict of Interests.— The Librarian shall establish rules and procedures to address any potential conflict of interest between a member of the Board and responsibilities of the Board. SEC. 9. STAFF OF BOARD; EXPERTS AND CONSULTANTS. (a) Staff.— The Chairperson of the Board may appoint and fix the pay of such personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.— The staff of the Board may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-16 of the General Schedule. (c) Experts and Consultants.— The Chairperson of the Board may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS–15 of the General Schedule, and in no case may a Board member be paid as an expert or consultant. SEC. 10. POWERS OF BOARD. (a) In General.— The Board may, for the purpose of carrying out its duties, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Board considers appropriate. The Board shall review nominations of films submitted to it for inclusion in the National Film Registry and consult with the Librarian with respect to the inclusion in the Registry, and with respect to the powers defined in section 3. (b) Nomination of Films.— The Board shall consider, for inclusion in the National Film Registry, nominations submitted by representatives of the film industry, such as the guilds and societies rep-resenting actors, directors, screenwriters, producers, and film critics, film preservation organizations and representatives of academic institutions with film study programs. The Board shall not nominate more than 25 films a year for inclusion in the Registry. SEC. 11. DEFINITIONS. (a) Definitions for Sections 1 Through 13.— As used in sections 1 through 13: (1) The term “Librarian” means the Librarian of Congress. (2) The term “film” means a feature-length, theatrical motion picture after its first theatrical release. (3) The term “film package” means the original box, carton or container of any kind in which a videotape or disc is offered for sale or rental. (4) The term “Board” means the National Film Preservation Board. (5) The term “material alteration” means to colorize or to make other fundamental post-production changes in a version of a film for marketing purposes but does not include changes made in accordance with customary practices and standards and reasonable requirements of preparing a work for distribution or broadcast. (6) The term “to colorize” means to add color, by whatever means, to versions of motion pictures originally produced, marketed, or distributed in black and white. (7) The term “colorization” means the process whereby a film is colorized. (b) Exclusion From Definition of “Material Alteration”.— Excluded from the definition of “material alteration” are practices such as the insertion of commercials and public service announcements for television broadcast. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. To carry out the purposes of this Act, there are authorized to be appropriated to the Librarian of Congress, such sums as may be necessary to carry out the purposes of this Act, but in no fiscal year shall such sum exceed $250,000. SEC. 13. EFFECTIVE DATE. The provisions of this Act shall be effective for three years beginning on the date of enactment of this Act. The provisions of this Act shall not apply to any copy of a film materially altered prior to such effective date if such copy of such film is owned by an individual for his personal use, in the inventoiy of the manufacturer or packager of a videocassette or already distributed to retail or wholesale distributors of videocassettes. administrative provisions Appropriations for the National Park Service shall be available for the purchase of not to exceed 360 passenger motor vehicles, of which 290 shall be for replacement only, including not to exceed 290 for police-type use and 26 buses; to provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of the National Park Service; options for the purchase of land at not to exceed $1 for each option; and for the procurement and delivery of medical services within the jurisdiction of units of the National Park System: Provided, That no funds available to the National Park Service may be used, 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, to maintain law and order in emergency and other unforeseen law enforcement situations and conduct emergency search and rescue operations in the National Park System: Provided further, 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 add industrial facilities to the list of National Historic Landmarks with-out the consent of the owner Provided further, That the National Park Service may use helicopters and motorized equipment at Death Valley National Monument for removal of feral burros and horses: Provided further, That notwithstanding any other provision of law, the National Park Service may recover unbudgeted costs of providing necessary services associated with special use permits, such reimbursements to be credited to the appropriation current at that time: 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 expiration of 30 calendar days (not includ-ing 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. No funds shall be available for the National Park Service to issue any construction permit for the Potomac Greens interchange on the George Washington Memorial Parkway unless an Environmental Impact Statement is conducted. The Environmental Impact Statement shall be commenced promptly and completed and filed within eighteen months of the date on which Public Law 100–202 was enacted. After completion and filing, the Environmental Impact Statement shall be transmitted to the appropriate Congressional Committees for a period of 60 days, during which time the National Park Service shall not issue any construction permit for the Potomac Greens interchange on the George Washington Memorial Park-way. The Environmental Impact Statement shall review the traffic impact of only the proposed 38-acre development opposite Daingerfield Island west of the George Washington Memorial Park-way: Provided, That the National Park Service shall review the impact of the planned development on the visual, recreational and historical integrity of the Parkway. The Environmental Impact Statement shall also provide an evaluation of alternative acquisition strategies to include but not be limited to appraisal estimates for the access rights, the entire 38-acre parcel, that portion of the 38-acre parcel as defined approximately by the historic district boundary line, and any other recommendations by the National Park Service to mitigate the Parkway degradation effects of the proposed development so as to adequately protect and preserve tht Parkway. Such appraisals shall be prepared and filed as soon as is reasonably possible. The National Park Service solely shall determine the legal and factual sufficiency of the Environmental Impact Statement and its compliance with the National Environmental Policy Act of 1969. The Environmental Impact Statement shall be separate from, independent of, and in no way intended to affect or modify any pending litigation. Notwithstanding any other provision of law, no court shall have jurisdiction to consider questions respecting the factual and legal sufficiency of the Environmental Impact Statement under the National Environmental Policy Act of 1969. None of the funds in this Act may be used to issue a permit for seismic exploration of Big Cypress National Preserve, Florida, until an environmental impact statement has been completed: Provided, That such statement shall be completed within two years of the date of enactment of this Act. None of the funds provided in this Act shall be available for an appeal to the February 26, 1988, special rate pay approved by the Office of Personnel Management for the United State Park Police. The Director of the National Park Service shall administer afellowship program, within available funds, to improve mutual understanding and cooperation between Service employees, and Members and Committees of Congress. The program is dedicated to the memory of Pietro Antonio (Tony) Bevinetto, and Service em-ployees participating in the program shall be known as “Bevinetto Fellows”. Geological Survey surveys, investigations, and research For expenses necessary for the 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; up to $500,000 for a 50 percent cost-shared scientific project for test and observation wells near Kohala, Hawaii: Provided, That upon enactment of this Act and hereafter, final costs related to the National Petroleum Reserve in Alaska may be paid from available prior year balances in this account, and $451,006,000, of which $58,800,000 shall be available only for cooperation with States or municipalities for water resources investigations: Provided further, 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. administrative provisions The amount appropriated for the Geological Survey shall be available for purchase of not to exceed 19 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 facilities; 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 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 Public Law 95–224. Minerals Management Service leasing and royalty management 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 oil, 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; $170,744,000, of which not less than $35,000 shall be used by the Secretary to enter into a cooperative agreement with the State of Louisiana to carry out or conduct audit activities on any lease or portion of a lease subject only to section 8(g) of the Outer Continental Shelf Lands Act of 1953, as amended (43 U.S.C. 1337(g)): Provided, That notwithstanding the provisions of sections 201 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1731), sections 202 through 206 of that Act (30 U.S.C. 1732–1736) shall apply to any lease or portion of a lease subject to section 8(g) of the Outer Continental Shelf Lands Act: Provided further, That for purposes of those provisions and for no other purposes, such lease or portion of a lease shall be regarded as within the coastal State or States entitled to receive revenues from it under section 8(g), and of which not less than $52,302,000 shall be available for royalty management activities including general administration: Provided further, That notwithstanding any other provision of law, 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 clean-up activities: Provided further, That of the above enacted amounts, $250,000 proposed for data gathering to help determine the boundary between State and Federal lands offshore of Alaska shall be available only if an equal amount is provided by the State of Alaska from State revenues to match the Federal support for this project. 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, $159,292,000, of which $91,010,000 shall remain available until expended: Provided, That none of the funds in this or any other Act may be used for the closure or consolidation of any research centers or the sale of any of the helium facilities currently in operation. administrative provisions 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, or private: 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. 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, including the purchase of not to exceed 14 passenger motor vehicles, of which 9 shall be for replacement only; and uniform allowances of not to exceed $400 for each uniformed employee of the Office of Surface Mining Reclamation and Enforcement; $101,095,000, and notwithstanding 31 U.S.C. 3302, an additional amount, to remain available until expended, equal to receipts to the General Fund of the Treasury from performance bond forfeitures in fiscal year 1989: 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 1989 pursuant 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 the Secretary of the Interior shall abide by and adhere to the terms of the Settlement Agreement in NWR v. Miller, C.A. No. 86–99 (E.D. Ky), and not take any actions inconsistent with the provisions of footnote 3 of the Agreement with respect to any State or Federal program. 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, including the purchase of not more than 21 passenger motor vehicles, of which 15 shall be for replacement only, $193,160,000 to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, 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: Provided further, That of the funds made available to the States to contract for reclamation projects authorized in section 406(a) of Public Law 95–87, administrative expenses may not exceed 15 per centum: Provided further, That none of these funds shall be used for a reclamation grant to any State if the State has not agreed to participate in a nationwide data system established by the Office of Surface Mining Reclamation and Enforcement through which all permit applications are reviewed and approvals withheld if the applicants (or those who control the applicants) applying for or receiving such permits have outstanding State or Federal air or water quality violations in accordance with section 510(c) of the Act of August 3, 1977 (30 U.S.C. 1260(c)), or failure to abate cessation orders, outstanding civil penalties associated with such failure to abate cessation orders, or uncontested past due Abandoned Mine Land fees: Provided further, That the Secretary of the Interior may deny 50 per centum of an Abandoned Mine Reclamation Fund grant, available to a State pursuant to title IV of Public Law 95–87, in accordance with the procedures set forth in section 521(b) of the Act, when the Secretary determines that a State is systematically failing to administer ade-quately the enforcement provisions of the approved State regulator)’ program. Funds will be denied until such time as the State and Office of Surface Mining Reclamation and Enforcement have agreed upon an explicit plan of action for correcting the enforcement deficiency. A State may enter into such agreement without admission of culpability. If a State enters into such agreement, the Secretary shall take no action pursuant to section 521(b) of the Act as long as the State is complying with the terms of the agreement: Provided further, That expenditure of moneys as authorized in section 402(g)(3) of Public Law 95–87 shall be on a priority basis with the first priority being protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices, as stated in section 403 of Public Law 95–87: Provided further, That 23 full-time equivalent positions are to be maintained in the Anthracite Reclamation Program at the Wilkes-Barre Field Office: Provided further, That notwithstanding any other provisions of law, appropriations for the Office of Surface Mining Reclamation and Enforcement may, hereafter, provide for the travel and per diem expenses of State and tribal personnel attending OSMRE sponsored training: Provided further, That the Secretary shall conduct a thorough accounting and reconciliation of the Abandoned Mine Reclamation Fund, under title IV of the Surface Mining Control and Reclamation Act of 1977, for the period from fiscal year 1977 through fiscal year 1988. This accounting and reconciliation shall determine, by State, the source of all contributions to the fund and shall denote all fund disbursements by purpose and fiscal year including letter of credit grants to States. Funds authorized as grants to States shall be reconciled according to— (1) the Surface Mining Control and Reclamation Act of 1977, including the 50 percent State share; and (2) the formula for allocation of the discretionary share as expressed by the Office of Surface Mining Reclamation and Enforcement during each relevant fiscal year under review. The findings of the Secretary shall be transmitted to the Commit-tees on Appropriations by May 1, 1989. Such information shall not be used to amend or revise State allocations during fiscal year 1989. 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, 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, $992,767,000, of which not to exceed $71,004,000 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.), shall remain available for obligation until September 30, 1990, and of which $25,000,000 for firefighting and repayment to other appropriations from which funds were transferred under the authority of section 102 of the Department of the Interior and Related Agencies Appropriations Act, 1988, shall remain available until expended, and the funds made available to tribes and tribal organizations through contracts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.) shall remain available until September 30, 1990: Provided, That this carryover authority does not extend to programs directly operated by the Bureau of Indian Affairs unless the tribe(s) and the Bureau of Indian Affairs enter into a cooperative agreement for consolidated services; and for expenses necessary to carry out the provisions of section 19(a) of Public Law 93–531 (25 U.S.C. 640d–18(a)), $1,997,000, to remain available until expended: 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 $250,000 of the funds made available in this Act shall available for cyclical maintenance of tribalk owned fish hatcheries and related facilities: Provided further, That no part of any appropriations to the Bureau of Indian Affairs shall be available to provide general assistance payments for Alaska Natives in the State of Alaska unless and until otherwise specifically provided for by Congress: Provided further, That the Secretary shall take no action to close the school or dispose of the property of the Phoenix Indian School until the Congress has specifically approved the school closure or provided for disposition of the property in legislation: 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 such tribe or individual have been audited and reconciled, and the tribe or individual has been provided with an accounting of such funds, and the appropriate committees of the Congress and the tribes have been consulted with as to the terms of the proposed contract or agreement: Provided further, That none of the funds in this Act shall be used to implement any regulations, or amendments to or revisions of regulations, relating to the Bureau of Indian Affairs higher education grant program that were not in effect on March 1, 1987: Provided further, That $230,000 of the amounts provided for education program management shall be available for a grant to the Close Up Foundation: Provided further, That if the actual amounts required in this account for costs of the Federal Employee Retirement System in fiscal year 1989 are less than amounts estimated in budget documents, such excess funds may be transferred to “Construction” and “Miscellaneous Payments to Indians” to cover the costs of the retirement system in those accounts: Provided further, That not-withstanding any other provision of law, concurrent with the opening of the Western Cheyenne River Consolidated School the following schools shall be permanently closed: Bridger Day School (Howes, SD); Cherry Creek Day School (Cherry Creek, SD); and the Red Scaffold School (Faith, SD): Provided further, That subsection (b) of section 5 of the Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25 U.S.C. 712c) is amended by striking out “Indian individuals” and inserting in lieu thereof “Cow Creek descendants or other Indian individuals”. Provided, further, That notwithstanding any other provision of law, the amounts available 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 distributed on the basis of the formula recommended by the Assistant Secretary of Indian Affairs in a letter to the Committees on Appropriations dated June 27, 1988, except that for the fiscal year ending September 30, 1989, the minimum weight factor shall be 1.1 rather than 1.3 and for the fiscal year ending September 30, 1990, the minimum weight factor shall be 1.2 rather than 1.3: Provided further, That for the purpose of enabling Indian reservation residents in Arizona who are eligible for General Assistance and who have dependent children to participate and succeed in Job Corps training, the Bureau shall pay general assistance support for the dependent children at the full State AFDC A–2 grant level: Provided further, That notwithstanding any other provision of law, any portion of the funds appropriated under the authority of Public Law 93–530 not yet obligated, but not to exceed $700,000, shall be transferred by the Secretary of the Interior to the governing body of the San Carlos Apache Tribe (hereafter referred to as the “Tribe”) by no later than the date that is sixty days after the date of enactment of this Act. Amounts transferred to the Tribe under this proviso shall be used for economic development purposes in accordance with the plan which was adopted by the governing body of the Tribe on April 12, 1988, and any amendment thereto which has been approved by the Secretary of the Interior. The Tribe may expend the amounts transferred under this proviso for the purposes authorized without the prior approval of the Secretary of the Interior. None of the funds transferred to the Tribe may be used to make per capita payments to the members of the Tribe: Provided further, That notwithstanding any other provision of law, the funds transferred by this Act to the San Carlos Apache Tribe may be treated as non-Federal, private funds of the Tribe for purposes of any provision of Federal law which requires that non-Federal or private funds be used in a project or for a specific purpose: Provided further, That the Federal Government shall have no further obligation to appropriate funds for the purposes indentified in Public Law 93–530. 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; preparation of lands for farming, and construction, repair, and improvement of Indian housing, $79,283,000, to remain available until expended: Provided, That $1,449,000 of the funds appropriated for use by the Secretary to construct homes and related facilities for the Navajo and Hopi Indian Relocation Commission in lieu of construction by the Commission under section 15(d)(3) of the Act of December 22, 1974 (88 Stat. 1719; 25 U.S.C. 640d–14(d)(3)), may be used for counseling, archeological clearances, and administration related to the relocation of Navajo families: Provided further, That $1,100,000 of the funds made available in this Act shall be available for rehabilitation of tribally owned fish hatcheries and related facilities: Providedfurther, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation. road construction Not to exceed 5 per centum of contract authority available to the Bureau of Indian Affairs from the Federal Highway Trust Fund may be used to cover roads program management costs and construction supervision costs of the Bureau of Indian Affairs. miscellaneous payments to indians For miscellaneous payments to Indian tribes and individuals pursuant to Public Laws 98–500, 99–264, and 99–503, including hinds for necessary administrative expenses, $13,952,000, to remain available until expended, of which not to exceed $11,300,000 is made available to the Tohono O’Odham Nation for purposes authorized in the Gila Bend Indian Reservation Lands Replacement Act, Public Law 99–503. revolving fund for loans During fiscal year 1989, and within the resources and authority available, gross obligations for the principal amount of direct loans pursuant to the Indian Financing Act of 1974, as amended (88 Stat. 77; 25 U.S.C. 1451 et seq.), shall not exceed resources and authority available. indian loan guaranty and insurance fund For payment of interest subsidies on new and outstanding guaranteed loans and for necessary expenses of management and technical assistance in carrying out the provisions of the Indian Financing Act of 1974, as amended (88 Stat. 77; 25 U.S.C. 1451 et seq.), $3,370,000, to remain available until expended: Provided, That during fiscal year 1989, total commitments to guarantee loans pursuant to the Indian Financing Act of 1974, as amended, may be made only to the extent that the total loan principal, any part of which is to be guaranteed, shall not exceed resources and authority available. administrative provisions Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans and the Indian loan guarantee and insurance fund) shall be available for expenses of exhibits, and purchase of not to exceed 150 passenger carrying motor vehicles, of which not to exceed 115 shall be for replacement only. Territorial and International Affairs administration of territories For expenses necessary for the administration of territories under the jurisdiction of the Department of the Interior, $92,767,000, of which (1) $89,741,000 shall be available until expended for technical assistance; late charges and payments of the annual interest rate differential required by the Federal Financing Bank, under terms of the second refinancing of an existing loan to the Guam Power Authority, as authorized by law (Public Law 98–454; 98 Stat 1732); 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 support of governmental functions; construction grants to the Government of the Virgin Islands as authorized by Public Law 97–357 (96 Stat. 1709); construction grants to the Government of Guam, as authorized by law (Public Law 98–454; 98 Stat. 1732); grants to the Government of the Northern Mariana Islands as authorized by law (Public Law 94–241; 90 Stat. 272); and (2) $3,026,000 for salaries and expenses of the Office of Territorial and International Affairs: Provided, That the territorial and local governments herein provided for are authorized to make purchases through the General Services Administration: Provided further, 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, shall be audited by the General Accounting Office, 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, 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 $710,000 of the amounts provided for technical assistance shall be available for a grant to the Close Up Foundation. trust territory of the pacific islands 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); grants to the Trust Territory of the Pacific Islands, in addition to local revenues, for support of governmental functions; $28,434,000 including $10,304,000 for payment of claims pursuant to the Micronesian Claims Act of 1971, to remain available until expended: Provided, That all financial transactions of the Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with chapter 35 of title 31, United States Code: Provided further, That the government of the Trust Territory of the Pacific Islands is authorized to make purchases through the General Services Administration: Provided further, That all Government operations funds appropriated and obligated for the Republic of Palau under this account for fiscal year 1989, shall be credited as an offset against fiscal year 1989 payments made pursuant to the legislation approving the Palau Compact of Free Association (Public Law 99–658), if such Compact is implemented before October 1, 1989: Provided further, That any unobligated balances for Palau government operations which remain available on the date of Compact implementation shall be used by the Department of the Interior to reduce the accumulated deficit of the Trust Territory Government. 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 Compact of Free Association, $32,360,000, including $2,500,000 for the Enjebi Community Trust Fund, to remain available until expended, as authorized by Public Law 99–239: Provided, That notwithstanding the provisions of Public Laws 99–500 and 99–591, 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(d) of Public Law 99–658: Provided further, That in full satisfaction of the obligation of the United States to provide funds to assist in the resettlement and rehabilitation of Bikini Atoll by the People of Bikini, to which the full faith and credit of the United States is pledged pursuant to section 103(1) of Public Law 99–239, the United States shall deposit $90,000,000 into the Resettlement Trust Fund for the People of Bikini established pursuant to Public Law 97–257, and governed pursuant to the terms of such trust instrument, such deposit to be installments of $5,000,000 on October 1, 1988; $22,000,000 on October 1, 1989; $21,000,000 on October 1, 1990; $21,000,000 on October 1, 1991; and $21,000,000 on October 1, 1992: Provided further That the terms of such Resettlement Trust Fund are hereby modified to provide that corpus and income may be expended for rehabilitation and resettlement of Bikini Atoll, except that the Secretary may approve expenditures not to exceed $2,000,000 in any year from income for projects on Kili or Ejit: Provided further, That one year prior to completion of the rehabilitation and resettlement program, the Secretary of the Interior shall report to Congress on future funding needs on Bikini Atoll. Unless otherwise determined by Congress, following completion of the rehabilitation and resettlement program, funds remaining in the Resettlement Trust Fund in excess of the amount identified by the Secretary as required for future funding needs shall be deposited in the United States Treasury as miscellaneous receipts. Upon completion of those needs, the Resettlement Trust Fund shall be extinguished and all remaining funds shall be deposited in the United States Treasury as miscellaneous receipts. The payment and use of funds in accordance herewith is for the sole purpose of implementing and fulfilling the terms of the Section 177 Agreement referred to in section 462(d) of the Compact of Free Association between the United States and the Republic of the Marshall Islands, including Article VI, section 1, and Articles X and XII, thereof. Payments pursuant hereto shall be made only upon: One, voluntary dismissal with prejudice of Juda et al. v. the United States, No. 88–1206 (Fed. Cir.); and two, submission of written notice to the United States and the Republic of the Marshall Islands, executed by duly-authorized representatives acting on their behalf, that the People of Bikini accept the obligations and undertaking of the United States to make the payments prescribed by this Act, together with the other payments, rights, entitlements and benefits provided for under the Section 177 Agreement, as full satisfaction of all claims of the People of Bikini related in any way to the United States nuclear testing program in accordance with the terms of the Section 177 Agreement. Departmental Offices office of the secretary salaries and expenses For necessary expenses of the Office of the Secretary of the Interior, $49,067,000, of which not to exceed $10,000 may be for official reception and representation expenses: Provided, That the National Park Service shall reissue a Notice of Proposed Rule-making on the mandatory use of seatbelts while traveling on National Park Service roads within 30 days after the date of enactment of this Act. Office of the Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $24,686,000. Office of Inspector General office of inspector general For necessary expenses of the Office of Inspector General, $18,749,000. construction management For necessary expenses of the Office of Construction Management, $1,800,000. administrative provisions There is hereby authorized for acquisition from available re-sources within the Working Capital Fund, 11 aircraft, 7 of which shall be for replacement and which may be obtained by donation, purchase or through available excess surplus property: Provided, 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 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 or volcanoes; 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 all funds used pursuant to this section must be replenished by a supplemental appropriation which must be requested as promptly as possible. 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: Provided, That no funds available to the Department of the Interior are available for any expenses of the Great Hall of Commerce. 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 by the General Services Administration for services or rentals for periods not in excess of twelve months beginning at any time during the fiscal year. Sec. 107. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance changing the name of the mountain located 63 degrees, 04 minutes, 15 seconds west, presently named and referred to as Mount McKinley: Provided, That no funds made available by this or any other Act shall be expended to exchange lands located within the boundaries of the Lake Mead National Recreation Area in Nevada in township 32 south, range 22 west, Mount Diablo Meridian. Sec. 108. Notwithstanding any other provisions of law, appropriations in this title shall be available to provide insurance on official motor vehicles, aircraft, and boats operated by the Department of the Interior in Canada and Mexico. Sec. 109. No funds provided in this title may be used to detail any employee to an organization unless such detail is in accordance with Office of Personnel Management regulations. Sec. 110. 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 ands within the Eastern Gulf of Mexico planning area of the Department of the Interior which lie south of 26 degrees North latitude and east of 86 degrees West longitude. Sec. 111. 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 within the area identified by the Department of the Interior in the Draft Environmental Impact Statement (MMS 87–0032) for Lease Sale 91 in the Northern California planning area issued December, 1987. Sec. 112. No funds provided in this title may be expended by the Department of the Interior for the preparation for, or conduct of, preleasing and leasing activities (including but not limited to: calls for information, tract selection, notices of sale, receipt of bids and award of leases) of lands described in, and under the same terms and conditions set forth in section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1986, as contained in Public Law 99–190; or of lands within the 400 meter isobath surrounding Georges Bank, identified by the Department of the Interior as consisting of the following blocks: in protraction diagram NJ 19–2, blocks numbered 12–16, 54–55 and 57–58; in protraction diagram NK 19–5, blocks numbered 744, 788, 831–832, and 1005–1008; in protraction diagram NK 19–6, blocks numbered 489–491, 532–537, 574–576, 578–581, 618–627, 661–662, 664–671, 705–716, 749–761, 793–805, and 969–971; in protraction diagram NK 19–8, blocks numbered 37–40, 80–84, 124–127, and 168–169; in protraction diagram NK 19–9, blocks numbered 13–18, 58–63, 102–105, 107–108, 146–149, 151–152, 191–193, 195–197, 235–237, 240–242, 280–282,284–286, 324–331, 368–376, 412–420, 456–465, 500–510, 543–554, 587–594, 596–599, 631–637, 640–644, 675–688, 718–733, 762–778, 805–821, 846–865, 887–891, 894–908, 930–950, and 972–994; in protraction diagram NK 19–10, blocks numbered 474–478, 516–524, 560–568, 604–612, 647–660, 692–704, 737–748, 787–792, 830–836, 873–880, 967–968, and 1011–1012; in protraction diagram NK 19–11, blocks numbered 621–632, 665–676, 700, 709–720, 744, 753–764, 785, 797–808, 825–827, 841–852, 856–860, 869, 890–905, 907–909, 929–931, 941–945, 947–949, 973–975, and 985–989; and in protraction diagram NK 19–12, blocks numbered 452–456, 495–499, 536–537, 539–541, 575–577, 579–582, 617–621,623–624, 661–662, 664–665, and 705–706. Sec. 113. Notwithstanding any other provision of this Act, nothing in this Act shall be construed to prohibit the approval of permits for the acquisition of geologic and geophysical data in Outer Continental Shelf areas, except that exploratory drilling shall not be permitted by this provision in lands within the Eastern Gulf of Mexico Planning Area which lie south of 26 degrees North latitude and east of 86 degrees West longitude and for areas identified as the Northern California Planning Area and the Georges Bank-North Atlantic Planning Area out to 400 meters. Sec. 114. Notwithstanding any other provision of law, and subject to valid existing rights, the Secretary of the Interior shall transfer to the Housing Authority, Clark County, Nevada, without consideration, all rights, title, and interest of the United States, in and to the land described as township 21 south, range 60 east, Mount Diablo Meridian, section 24, north half southwest quarter, Clark County Nevada, for use only as a mobile home park for low income senior citizens, reserving to the United States all minerals under applicable law and such regulations as the Secretary of the Interior may prescribe, and as required by the Act of August 30, 1890 (43 U.S.C. 945), a right-of-way thereon for ditches or canals constructed by the authority of the United States: Provided, That if such land ceases to be used as a mobile home park for low income senior citizens, all rights, title, and interest in and to such land shall revert to the United States. Sec. 115. Section 103(h)(2) of the Compact of Free Association Act 48 USC 1681 note. Grants. Marshall islands. Contracts. of 1985 (99 Stat. 1783, 48 U.S.C. 1681) is amended as follows: after the word “firm” insert “or by a grant to the Government of the Republic of the Marshall Islands which may further contract only with a United States firm or a Republic of the Marshall Islands firm, the owners, officers and majority of the employees of which are citizens of the United States or the Republic of the Marshall Islands”; and, after the word “Bikini” insert “, Rongelap, Utrik,”. Sec. 116. The Secretary of the Interior is authorized to guarantee a loan by the Federal Financing Bank to the Government of Guam, in amounts not to exceed $53,000,000, for water system improvements on Guam: Provided, That the conditions on such loan shall include but not be limited to the following:> the Government of Guam shall place water rate-making authority in an independent public utility commission; a source of revenue for payment of the loan shall be identified, with such revenues placed in an escrow account in sufficient amounts to insure timely payment; and, should the Government of Guam default on the loan, the Secretary of the Interior shall deduct such sums as are in arrears from sums normally paid to the Government of Guam under section 1(c) of Public Law 95–348. Sec. 117. Within currently available funds, the Secretary of the Interior is directed immediately to appoint and compensate an independent third party factfinder mutually agreed upon by the Secretary and the Governor of Louisiana, to make all appropriate factual findings relating to past drainage on State and Federal leases occurring along the boundary of the State of Louisiana and Federal waters. Such factual findings shall include— (a) whether drainage of either United States or State hydro-carbons has occurred during the time period starting April 7, 1986 and ending on the date the factfinding proceeding is completed; (b) the areas or reservoirs from which the drainage occurred; (c) the quantity of recoverable hydrocarbons, determined on a volumetric basis, originally in place within such areas or reservoirs prior to any production therefrom; (d) the respective percentages of such recoverable hydro-carbons within the Federal and State portions of such areas or reservoirs; (e) the total accumulated volume of any net drainage from each area or reservoir, including the value thereof (together with a description of the method for determining such value) and all production costs incurred during that period; (f) the net dollar impact to the United States, United States lessees, the State of Louisiana, and the State lessees that has resulted from any such drainage from each area or reservoir; (g) the proper allocation of production from each field from all time periods starting April 7, 1986; and (h) the proper prospective allocation of production from the fields involved. Within 180 days of the date of enactment of this Act, the third Reports. party factfinder shall submit a written report containing the factual findings to the Secretary, the Governor of Louisiana, and the Congressional Committees of jurisdiction. The Secretary shall then prepare a plan 60 days after receipt of the written report regarding options for the potential redistribution of royalty receipts, if war-ranted by the findings of this written report.

4. 1994

   Pub. L. 103–272 § 4(f)(3) · 108 Stat. 745

   Amended · 31 U.S.C. § 6901(2)(A)

   Pub. L. 103–272 amended Pub. L. 100–446. See 1988 Amendment note below

   Source evidence

   Code amendment note
   Par. (2)(A). Pub. L. 103–272 amended Pub. L. 100–446. See 1988 Amendment note below.

   Enacted provision · exact public law section
   (3) Effective September 27, 1988, the last sentence of the paragraph headed “PAYMENTS IN LIEU OF TAXES” in title I of the Act of September 27, 1988 (Public Law 100–446, 102 Stat. 31 USC 6901. 1775), is amended to read as follows: “Section 6901(2)(A) of title 31, United States Code, is amended by striking ‘existing in Alaska on October 20, 1976’.”.

   Effective date note
   Pub. L. 103–272, § 4(f)(3), July 5, 1994, 108 Stat. 1364, provided that the amendment made by that section is effective Sept. 27, 1988.

5. 1996

   Omnibus Parks and Public Lands Management Act of 1996

   Pub. L. 104–333 div. I title X § 1033(a) · 110 Stat. 4093

   Amended · 31 U.S.C. § 6901(2)

   Pub. L. 104–333 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “ ‘unit of general local government’ means:

   Source evidence

   Code amendment note
   Par. (2). Pub. L. 104–333 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “ ‘unit of general local government’ means:

   “(A) a county (or parish), township, borough, or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Secretary of Commerce for general statistical purposes. The term ‘governmental services’ includes, but is not limited to, those services that relate to public safety, environment, housing, social services, transportation, and governmental administration; “(B) the District of Columbia; “(C) the Commonwealth of Puerto Rico; “(D) Guam; and “(E) the Virgin Islands.”

   Enacted provision · exact public law section
   (a) Section 6901(2) of title 31, United States Code, is amended to read as follows: “(2) (A) ‘unit of general local government’ means— “(i) a county (or parish), township, borough, or city where the city is independent of any other unit of general local government, that— “(I) is within the class or classes of such political subdivision in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and “(II) is a unit of general government, as determined by the Secretary of the Interior on the basis of the same principles as were used by the Secretary of Commerce on January 1, 1983, for general statistical purposes; “(ii) any area in Alaska that is within the boundaries of a census area used by the Secretary of Commerce in the decennial census, but that is not included within the boundary of a governmental entity described under clause (i); “(iii) the District of Columbia; “(iv) the Commonwealth of Puerto Rico; “(v) Guam; and “(vi) the Virgin Islands. “(B) the term ‘governmental services’ includes, but is not limited to, those services that relate to public safety, the environment, housing, social services, transportation, and governmental administration.”.

6. 1997

   Pub. L. 105–83 title III § 350 · 111 Stat. 1543

   Inserted · 31 U.S.C. § 6901(2)(A)(i)

   Pub. L. 105–83 inserted “(other than in Alaska)” after “borough, or city”

   Source evidence

   Code amendment note
   Par. (2)(A)(i). Pub. L. 105–83 inserted “(other than in Alaska)” after “borough, or city”.

   Enacted provision · exact public law section
   Sec. 350. Payments for Entitlement Land.— Section 6901(2)(A)(i) of title 31, United States Code, is amended by inserting “(other than in Alaska)” after “city” the first place such term appears.

7. 1998

   Southern Nevada Public Land Management Act of 1998

   Pub. L. 105–263 § 5(d) · 112 Stat. 2343

   Added · 31 U.S.C. § 6901(1)(H)

   Pub. L. 105–263 added subpar. (H)

   Source evidence

   Code amendment note
   Par. (1)(H). Pub. L. 105–263 added subpar. (H).

   Enacted provision · exact public law section
   (d) Payments in Lieu of Taxes.— Section 6901(1) of title 31, United States Code, is amended as follows: (1) By striking “or” at the end of subparagraph (F). (2) By striking the period at the end of subparagraph (G) and inserting “; or”. (3) By adding at the end the following: “(H) acquired by the Secretary of the Interior or the Secretary of Agriculture under section 5 of the Southern Nevada Public Land Management Act of 1998 that is not otherwise described in subparagraphs (A) through (G).”.

4 of 9 references resolved to an enrolled provision · 5 partial