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(A) debts incurred for services, supplies, facilities, equipment and materials directly connected with the provision of health, safety and welfare functions for the benefit of the general population of American Samoa (including, but not limited to, health care, fire and police protection, educational programs grades K-12, and utility services for facilities belonging to or utilized by ASG and its agencies), wherein the creditor agrees to compromise and settle the existing debt for a payment not exceeding 75 percent of the amount owed, shall be given the highest priority for payment from the loan proceeds under this section;
(B) debts not exceeding a total amount of $200,000 owed to a single provider and incurred for any legitimate governmental purpose for the benefit of the general population of American Samoa, wherein the creditor agrees to compromise and settle the existing debt for a payment not exceeding 70 percent of the amount owed, shall be given the second highest priority for payment from the loan proceeds under this section;
(C) debts exceeding a total amount of $200,000 owed to a single provider and incurred for any legitimate governmental purpose for the benefit of the general population of American Samoa, wherein the creditor agrees to compromise and settle the existing debt for a payment not exceeding 65 percent of the amount owed, shall be given the third highest priority for payment from the loan proceeds under this section;
(D) other debts regardless of total amount owed or purpose for which incurred, wherein the creditor agrees to compromise and settle the existing debt for a payment not exceeding 60 percent of the amount owed, shall be given the fourth highest priority for payment from the loan proceeds under this section;
(E) debts described in subparagraphs (A), (B), (C), and (D) of this paragraph, wherein the creditor declines to compromise and settle the debt for the percentage of the amount owed as specified under the applicable subparagraph, shall be given the lowest priority for payment from the loan proceeds under this section.
(2) The agreement described in subsection (b)(2) shall also generally provide a framework whereby the Governor of American Samoa shall, from time-to-time, be required to give 10 business days notice to the Secretary that ASG will make payment in accordance with this section to specified creditors and the amount which will be paid to each of such creditors. Upon issuance of payments in accordance with the notice, the Governor shall immediately confirm such payments to the Secretary, and the Secretary shall within three business days following receipt of such confirmation transfer from the loan proceeds an amount sufficient to reimburse ASG for the payments made to creditors.
(3) The agreement may contain such other provisions as are mutually agreeable, and which are calculated to simplify and expedite the payment of existing debt under this section and ensure the greatest level of compromise and settlement with creditors in order to maximize the retirement of ASG debt. (d) FISCAL AND MANAGERIAL REFORM PRO
(1) The initial plan of fiscal and managerial reform, designed to bring ASG's annual operating expenses into balance with projected revenues for the years 2003 and beyond as required under subsection (b)(3), should identify specific measures which will be implemented by ASG to accomplish such goal, the anticipated reduction in government operating expense which will be achieved by each measure, and should include a timetable for attainment of each reform measure identified therein.
(2) The initial plan should also identify with specificity the manner in which approximately $4,300,000 of the loan proceeds will be utilized to assist in meeting the reform plan's targets within the timetable specified through the use of incentives for early retirement, severance pay packages, outsourcing services, or any other ex
penditures for program elements reasonably calculated to result in reduced future operating expenses for ASG on a long term basis.
(3) Upon receipt of the initial plan, the Secretary shall consult with the Governor of American Samoa, and shall make any recommendations deemed reasonable and prudent to ensure the goals of reform are achieved. The reform plan shall contain objective criteria that can be documented by a competent third party, mutually agreeable to the Governor and the Secretary. The plan shall include specific targets for reducing the amounts of ASG local revenues expended on government payroll and overhead (including contracts for consulting services), and may include provisions which allow modest increases in support of the LBJ Hospital Authority reasonably calculated to assist the Authority implement reforms which will lead to an independent audit indicating annual expenditures at or below annual Authority receipts.
(4) The Secretary shall enter into an agreement with the Governor similar to that specified in subsection (c)(2) of this section, enabling ASG to make payments as contemplated in the reform plan and then to receive reimbursement from the Secretary out of the portion of loan proceeds allocated for the implementation of fiscal reforms.
(5) Within 60 days following receipt of the initial plan, the Secretary shall approve an interim final plan reasonably calculated to make substantial progress toward overall reform. The Secretary shall provide copies of the plan, and any subsequent modifications, to the House Committee on Resources, the House Committee on Appropriations Subcommittee on the Department of the Interior and Related Agencies, the Senate Committee on Energy and Natural Resources, and the Senate Committee on Appropriations Subcommittee on the Department of the Interior and Related Agencies.
(6) From time-to-time as deemed necessary, the Secretary shall consult further with the Governor of American Samoa, and shall approve such mutually agreeable modifications to the interim final plan as circumstances warrant in order to achieve the overall goals of ASG fiscal and managerial reforms.
(e) RELEASE OF LOAN PROCEEDS. From the total proceeds of the loan described in this section, the Secretary shall make available
(1) upon compliance by ASG with paragraphs (b)(1) and (b)(2) of this section and in accordance with subsection (c), approximately $14,300,000 in reimbursements as requested from time-to-time by the Governor for payments to creditors;
(2) upon compliance by ASG with paragraphs (b)(1) and (b)(3) of this section and in accordance with subsection (d). approximately $4,300,000 in reimbursements as requested from time-to-time by the Governor for payments associated with implementation of the interim final reform plan; and
(3) notwithstanding paragraphs (1) and (2) of this subsection, at any time the Secretary and the Governor mutually determine that the amount necessary to fund payments under paragraph (2) will total less than $4,300,000 then the Secretary may approve the amount of any unused portion of such sum for additional payments against ASG debt under paragraph (1).
(f) EXCEPTION.- Proceeds from the loan under this section shall be used solely for the purposes of debt payments and reform plan implementation as specified herein, except that the Secretary may provide an amount equal to not more than 2 percent of the total loan proceeds for the purpose of retaining the services of an individual or business entity to provide direct assistance and management expertise in carrying out the purposes of this section. Such individual or business entity shall be mutually agreeable to the Governor and the Secretary, may not be a current or former employee of, or contractor for, and may not be a creditor of ASG. Notwithstanding the preceding two sentences, the Governor and the Secretary may agree to also retain the services of any semi-au
tonomous agency of ASG which has established a record of sound management and fiscal responsibility, as evidenced by audited financial reports for at least three of the past 5 years, to coordinate with and assist any individual or entity retained under this subsection.
(g) CONSTRUCTION.-The provisions of this section are expressly applicable only to the utilization of proceeds from the loan described in this section, and nothing herein shall be construed to relieve ASG from any lawful debt or obligation except to the extent a creditor shall voluntarily enter into an arms length agreement to compromise and settle outstanding amounts under subsection (c).
(h) TERMINATION.—The payment of debt and the payments associated with implementation of the interim final reform plan shall be completed not later than October 1, 2003. On such date, any unused loan proceeds totaling $1,000,000 or less shall be transferred by the Secretary directly to ASG. If the amount of unused loan proceeds exceeds $1,000,000, then such amount shall be credited to the total of loan repayments specified in paragraph (b)(1). With approval of the Secretary, ASG may designate additional payments from time-to-time from funds available from any source, without regard to the original purpose of such funds.
SEC. 126. The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and in consultation with the Director of the National Park Service, shall undertake the necessary activities to designate Midway Atoll as a National Memorial to the Battle of Midway. In pursuing such a designation the Secretary shall consult with organizations with an interest in Midway Atoll. The Secretary shall consult on a regular basis with such organizations, including the International Midway Memorial Foundation, Inc. on the management of the National Memorial.
SEC. 127. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2000. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.
SEC. 128. None of the Funds provided in this Act shall be available to the Bureau of Indian Affairs or the Department of the Interior to transfer land into trust status for the Shoalwater Bay Indian Tribe in Clark County, Washington, unless and until the tribe and the county reach a legally enforceable agreement that addresses the financial impact of new development on the county, school district, fire district, and other local governments and the impact on zoning and development.
SEC. 129. None of the funds provided in this Act may be used by the Department of the Interior to implement the provisions of Principle 3(C)ii and Appendix section 3(B)(4) in Secretarial Order 3206, entitled “American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act”.
SEC. 130. Of the funds appropriated in title V of the Fiscal Year 1998 Interior and Related Agencies Appropriation Act, Public Law 105–83, the Secretary shall provide up to $2,000,000 in the form of a grant to the Fairbanks North Star Borough for acquisition of undeveloped parcels along the banks of the Chena River for the purpose of establishing an urban greenbelt within the Borough. The Secretary shall further provide from the funds appropriated in title V up to $1,000,000 in the form of a grant to the Municipality of Anchorage for the acquisition of approximately 34 acres of wetlands adjacent to a municipal park in Anchorage (the Jewel Lake Wetlands).
SEC. 131. FUNDING FOR THE OTTAWA NATIONAL (ii) as provided in section 4(e)(3) of that Act “(A) In T. 13 S., R. 69 E., Mount Diablo MeWILDLIFE REFUGE AND CERTAIN PROJECTS IN (112 Stat. 2346).
ridian, Nevada: THE STATE OF Ohio. Notwithstanding any other SEC. 133. CONVEYANCE OF LAND TO CITY OF "(i) The portion of sec. 28 south of Interstate provision of law, from the unobligated balances MESQUITE, NEVADA. Section 3 of Public Law 99– Route 15 (except S 1/2 SE 1/4). appropriated for a grant to the State of Ohio for 548 (100 Stat. 3061; 110 Stat. 3009–202) is amend "(ii) The portion of sec. 29 south of Interstate the acquisition of the Howard Farm near ed by adding at the end the following:
Route 15. Metzger Marsh, Ohio
“(e) FIFTH AREA.
“(iii) The portion of sec. 30 south of Interstate (1) $500,000 shall be derived by transfer and “(1) RIGHT TO PURCHASE.—For a period of 12 Route 15. made available for the acquisition of land in the years after the date of the enactment of this “(iv) The portion of sec. 31 south of Interstate Ottawa National Wildlife Refuge;
Act, the City of Mesquite, Nevada, shall have Route 15. (2) $302,000 shall be derived by transfer and the exclusive right to purchase the parcels of
"(v) Sec. 32. made available for the Dayton Aviation Herit public land described in paragraph (2).
“(vi) Sec. 33: W 1/2. age Commission, Ohio; and
“(2) LAND DESCRIPTION.—The parcels of pub “(B) In T. 14 S., R. 69 E., Mount Diablo Me(3) $198,000 shall be derived by transfer and lic land referred to in paragraph (1) are as fol
ridian, Nevada: made available for a grant to the State of Ohio lows:
“(i) Sec. 4. for the preservation and restoration of the birth
“(A) In T. 13 S., R. 70 E., Mount Diablo Me “(ii) Sec. 5. place, boyhood home, and schoolhouse of Ulys
"(iii) Sec. 6. ridian, Nevada: ses S. Grant.
“(i) The portion of sec. 27 north of Interstate
“(iv) Sec. 8. SEC. 132. CONVEYANCE TO NYE COUNTY, NERoute 15.
“(C) In T. 14 S., R. 68 E., Mount Diablo Me
ridian, Nevada: VADA. (a) DEFINITIONS.—In this section:
"(ii) Sec. 28: NE 1/4, S 1/2 (except the Interstate (1) COUNTY.—The term “County” means Nye Route 15 right-of-way).
"(i) Sec. 1. “(iii) Sec. 29: E 1/2 NE 1/4 SE 1/4, SE 1/4 SE 1/4.
"(ii) Sec. 12. County, Nevada. (2) SECRETARY.—The term “Secretary” means "(iv) The portion of sec. 30 south of Interstate
"(3) WITHDRAWAL.-Subject to valid existing Route 15.
rights, until the date that is 12 years after the the Secretary of the Interior, acting through the
“(V) The portion of sec. 31 south of Interstate
date of the enactment of this subsection, the Director of the Bureau of Land Management. (b) PARCELS CONVEYED FOR USE OF THE NERoute 15.
parcels of public land described in paragraph (2) VADA SCIENCE AND TECHNOLOGY CENTER.–
"(vi) Sec. 32: NE 1/4 NE 1/4 (except the Inter
are withdrawn from all forms of entry and ap(1) IN GENERAL.–For no consideration and at state Route 15 right-of-way), the portion of NW
propriation under the public land laws, includno other cost to the County, the Secretary shall 1/4 NE 1/4 south of Interstate Route 15, and the
ing the mining laws, and from operation of the portion of W 1/2 south of Interstate Route 15.
mineral leasing and geothermal leasing laws.”. convey to the County, subject to valid existing rights, all right, title, and interest in and to the
**(vii) The portion of sec. 33 north of Inter
SEC. 134. QUADRICENTENNIAL COMMEMORAstate Route 15.
TION OF THE SAINT CROIX ISLAND INTERparcels of public land described in paragraph
“(B) In T. 14 S., R. 70 E., Mount Diablo Me NATIONAL HISTORIC SITE. (a) FINDINGS.—The (2). ridian, Nevada:
Senate finds that(2) LAND DESCRIPTION.—The parcels of public "(i) Sec. 5: NW 1/4.
(1) in 1604, one of the first European colonizaland referred to in paragraph (1) are the fol
"(ii) Sec. 6: N 1/2.
tion efforts was attempted at St. Croix Island in lowing:
“(C) In T. 13 S., R. 69 E., Mount Diablo Me Calais, Maine; (A) The portion of Sec. 13 north of United ridian, Nevada:
(2) St. Croix Island settlement predated both States Route 95, T. 15 S., R. 49 E., Mount Diablo
"(i) The portion of sec. 25 south of Interstate the Jamestown and Plymouth colonies; Meridian, Nevada. Route 15.
(3) St. Croix Island offers a rare opportunity (B) In Sec. 18, T. 15 S., R. 50 E., Mount Diablo
“(ii) The portion of sec. 26 south of Interstate to preserve and interpret early interactions beMeridian, Nevada: Route 15.
tween European explorers and colonists and Na(i) W 1/2 W 1/2 NW 1/4.
“(iii) The portion of sec. 27 south of Interstate tive Americans, (ii) The portion of the W 1/2 W 1/2 SW 1/4 north Route 15.
(4) St. Croix Island is one of only two interof United States Route 95.
"(iv) Sec. 28: SW 1/4 SE 1/4.
national historic sites comprised of land admin(3) USE.
“(V) Sec. 33: E 1/2.
istered by the National Park Service; (A) IN GENERAL.—The parcels described in “(vi) Sec. 34.
(5) the quadricentennial commemorative celeparagraph (2) shall be used for the construction
“(vii) Sec. 35.
bration honoring the importance of the St. Croix and operation of the Nevada Science and Tech "(viii) Sec. 36.
Island settlement to the countries and people of nology Center as a nonprofit museum and expo “(3) NOTIFICATION.—Not later than 10 years both Canada and the United States is rapidly sition center, and related facilities and activi after the date of the enactment of this sub approaching; ties.
section, the city shall notify the Secretary (6) the 1998 National Park Service manage(B) REVERSION.—The conveyance of any par which of the parcels of public land described in ment plans and long-range interpretive plan call cel described in paragraph (2) shall be subject to
paragraph (2) the city intends to purchase. for enhancing visitor facilities at both Red reversion to the United States, at the discretion “(4) CONVEYANCE.—Not later than 1 year after Beach and downtown Calais; of Secretary, if the parcel is used for a purpose receiving notification from the city under para (7) in 1982, the Department of the Interior and other than that specified in subparagraph (A). graph (3), the Secretary shall convey to the city Canadian Department of the Environment (c) PARCELS CONVEYED FOR OTHER USE FOR A the land selected for purchase.
signed a memorandum of understanding to recCOMMERCIAL PURPOSE.
"(5) WITHDRAWAL.-Subject to valid existing ognize the international significance of St. Croix (1) RIGHT TO PURCHASE.—For a period of 5 rights, until the date that is 12 years after the Island and, in an amendment memorandum, years beginning on the date of the enactment of
date of the enactment of this subsection, the agreed to conduct joint strategic planning for this Act, the County shall have the exclusive parcels of public land described in paragraph (2) the international commemoration with a special right to purchase the parcels of public land de
are withdrawn from all forms of entry and ap focus on the 400th anniversary of settlement in scribed in paragraph (2) for the fair market propriation under the public land laws, includ 2004; value of the parcels, as determined by the Sec ing the mining laws, and from operation of the (8) the Department of Canadian Heritage has retary.
mineral leasing and geothermal leasing laws. installed extensive interpretive sites on the Ca(2) LAND DESCRIPTION.-The parcels of public “(6) USE OF PROCEEDS.—The proceeds of the nadian side of the border; and land referred to in paragraph (1) are the fol sale of each parcel
(9) current facilities at Red Beach and Calais lowing parcels in Sec. 18, T. 15 S., R. 50 E., “(A) shall be deposited in the special account are extremely limited or nonexistent for a site of Mount Diablo Meridian, Nevada:
established under section 4(e)(1)(C) of the this historic and cultural importance. (A) E 1/2 NW 1/4.
Southern Nevada Public Land Management Act (b) SENSE OF THE SENATE.-It is the sense of (B) E 1/2 W 1/2 NW 1/4. of 1998 (112 Stat. 2345); and
the Senate that, (C) The portion of the E 1/2 SW 1/4 north of “(B) shall be available for use by the
(1) using funds made available by this Act, United States Route 95. Secretary
the National Park Service should expeditiously (D) The portion of the E 1/2 W 1/2 SW 1/4 north “(i) to reimburse costs incurred by the local pursue planning for exhibits at Red Beach and of United States Route 95.
offices of the Bureau of Land Management in the town of Calais, Maine; and (E) The portion of the SE 1/4 north of United arranging the land conveyances directed by this (2) the National Park Service should take States Route 95. Act; and
what steps are necessary, including consulting (3) USE OF PROCEEDS.—Proceeds of a sale of a “(ii) as provided in section 4(e)(3) of that Act with the people of Calais, to ensure that approparcel described in paragraph (2)— (112 Stat. 2346).
priate exhibits at Red Beach and the town of (A) shall be deposited in the special account “(f) SIXTH AREA.
Calais are completed by 2004. established under section 4(e)(1)(C) of the “(1) IN GENERAL.-Not later than 1 year after SEC. 135. No funds appropriated for the DeSouthern Nevada Public Land Management Act the date of the enactment of this subsection, the partment of the Interior by this Act or any other of 1998 (112 Stat. 2345); and
Secretary shall convey to the City of Mesquite, Act shall be used to study or implement any (B) shall be available for use by the Nevada, in accordance with section 47125 of title plan to drain Lake Powell or to reduce the Secretary
49, United States Code, up to 2,560 acres of pub water level of the lake below the range of water (i) to reimburse costs incurred by the local of lic land to be selected by the city from among levels required for the operation of the Glen fices of the Bureau of Land Management in ar the parcels of land described in paragraph (2). Canyon Dam.
. ranging the land conveyances directed by this “(2) LAND DESCRIPTION.—The parcels of land SEC. 136. None of the funds appropriated or Act; and referred to in paragraph (1) are as follows:
otherwise made available in this Act or any
other provision of law, may be used by any officer, employee, department or agency of the United States to impose or require payment of an inspection fee in connection with the export of shipments of fur-bearing wildlife containing 1,000 or fewer raw, crusted, salted or tanned hides or fur skins, or separate parts thereof, including species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington, March 3, 1973 (27 UST 1027): Provided, That this provision shall for the duration of the calendar year in which the shipment occurs, not apply to any person who ships more than 2,500 of such hides, fur skins or parts thereof during the course of such year.
SEC. 137. No funds appropriated under this Act shall be expended to implement sound thresholds or standards in the Grand Canyon National Park until 90 days after the National Park Service has provided to the Congress a report describing: (1) the reasonable scientific basis for such sound thresholds or standard; and (2) the peer review process used to validate such sound thresholds or standard.
SEC. 138. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands from the Haines Borough, Alaska, consisting of approximately 20 acres, more or less, in four tracts identified for this purpose by the Borough, and contained in an area formerly known as “Duncan's Camp'; the Secretary shall use $340,000 previously allocated from funds appropriated for the Department of the Interior for fiscal year 1998 for acquisition of lands; the Secretary is authorized to convey in fee all land and interests in land acquired pursuant to this section without compensation to the heirs of Peter Duncan in settlement of a claim filed by them against the United States: Provided, That the Secretary shall not convey the lands acquired pursuant to this section unless and until a signed release of all claims is executed.
SEC. 139. Funds appropriated for the Bureau of Indian Affairs for postsecondary schools for fiscal year 2000 shall be allocated among the schools proportionate to the unmet need of the schools as determined by the Postsecondary Funding Formula adopted by the Office of Indian Education Programs.
SEC. 140. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104-134, as amended by Public Law 104– 208, the Secretary may accept and retain land and other forms of reimbursement: Provided, That the Secretary may retain and use any such reimbursement until expended and without further appropriation: (1) for the benefit of the National Wildlife Refuge System within the State of Minnesota; and (2) for all activities authorized by Public Law 100-696; 16 U.S.C. 46022.
SEC. 141. None of the funds made available by this Act shall be used to issue a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes until the Comptroller General reviews the issues presented by the rulemaking and issues a report to the Congress. Such report shall be issued no later than 180 days after the date of the enactment of this Act. The rulemaking must be consistent with existing statutory requirements.
SEC. 142. EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF THOMAS PAINE MEMORIAL. (a) IN GENERAL.-Public Law 102-407 (40 U.S.C. 1003 note; 106 Stat. 1991) is amended by adding at the end the following: "SEC. 4. EXPIRATION OF AUTHORITY.
“Notwithstanding the time period limitation specified in section 10(b) of the Commemorative Works Act (40 U.S.C. 1010(b)) or any other provision of law, the authority for the Thomas Paine National Historical Association to establish a memorial to Thomas Paine in the District of Columbia under this Act shall expire on December 31, 2003.".
(6) CONFORMING AMENDMENTS.
(1) APPLICABLE LAW.-Section 1(b) of Public Law 102–407 (40 U.S.C. 1003 note; 106 Stat. 1991) is amended by striking “The establishment” and inserting "Except as provided in section 4, the establishment”.
(2) EXPIRATION OF AUTHORITY.-Section 3 of Public Law 102-407 (40 U.S.C. 1003 note; 106 Stat. 1991) is amended
(A) by striking “or upon expiration of the authority for the memorial under section 10(b) of that Act,” and inserting or on expiration of the authority for the memorial under section 4,"; and
(B) by striking “section 8(b)(1) of that Act” and inserting “section 8(b)(1) of the Commemorative Works Act (40 U.S.C. 1008(b)(1))”.
SEC. 143. USE OF NATIONAL PARK SERVICE TRANSPORTATION SERVICE CONTRACT FEES. Section 412 of the National Parks Omnibus Management Act of 1998 (16
of 1998 (16 U.S.C. 5961) is amended
(1) by inserting "(a) IN GENERAL.-" before “Notwithstanding”; and
(2) by adding at the end the following:
“(b) OBLIGATION OF FUNDS.-Notwithstanding any other provision of law, with respect to a service contract for the provision solely of transportation services at Zion National Park, the Secretary may obligate the expenditure of fees received in fiscal year 2000 under section 501 before the fees are received.”.
SEC. 144. EXTENSION OF DEADLINE FOR RED ROCK CANYON NATIONAL CONSERVATION AREA. (a) IN GENERAL.--Section 3(c)(1) of Public Law 103–450 (108 Stat. 4767) is amended by striking “the date 1 year after the date of enactment of this Act” and inserting “May 2, 2000”.
(6) EFFECTIVE DATE.—The amendment made by subsection (a) takes effect on November 1, 1999.
SEC. 145. NATIONAL PARK PASSPORT PROGRAM. Section 603(c)(1) of the National Park Omnibus Management Act of 1998 (16 U.S.C. 5993(c)(1)) is amended by striking “10” and inserting “15”.
TITLE II-RELATED AGENCIES
FOREST SERVICE FOREST AND RANGELAND RESEARCH For necessary expenses of forest and rangeland research as authorized by law, $202,700,000, to remain available until expended.
STATE AND PRIVATE FORESTRY For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and others, and for forest health management, cooperative forestry, and education and land conservation activities, $187,534,000, to remain available until expended, as authorized by law.
NATIONAL FOREST SYSTEM For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for administrative expenses associated with the management of funds provided under the headings "Forest and Rangeland Research”, “State and Private Forestry”, “National Forest System”, “Wildland Fire Management”, “Reconstruction and Maintenance", and “Land Acquisition”, $1,251,504,000, to remain available until expended, which shall include 50 percent of all moneys received during prior fiscal years as fees collected under the Land and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 4601– 6a(i)): Provided, That unobligated balances available at the start of fiscal year 2000 shall be displayed by extended budget line item in the fiscal year 2001 budget justification.
WILDLAND FIRE MANAGEMENT For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency fire suppression on or adjacent to such lands or other lands under fire protection agreement, and for emergency re
habilitation of burned-over National Forest System lands and water, $561,354,000, to remain available until expended: Provided, That such funds are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That not less than 50 percent of any unobligated balances remaining (exclusive of amounts for hazardous fuels reduction) at the end of fiscal year 1999 shall be transferred, as repayment for past advances that have not been repaid, to the fund established pursuant to section 3 of Public Law 71–319 (16 U.S.C. 576 et seq.): Provided further, That notwithstanding any other provision of law, up to $4,000,000 of funds appropriated under this appropriation may be used for Fire Science Research in support of the Joint Fire Science Program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest Service and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research.
For an additional amount to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and wildfire suppression activities of the Forest Service, $90,000,000, to remain available until expended: Provided, That the entire amount is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That these funds shall be available only to the extent an official budget request for a specific dollar amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.
RECONSTRUCTION AND MAINTENANCE For necessary expenses of the Forest Service, not otherwise provided for, $398,927,000, to remain available until expended for construction, reconstruction, maintenance and acquisition of buildings and other facilities, and for construction, reconstruction, repair and maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the funds provided herein for road maintenance shall be available for the decommissioning of roads, including unauthorized roads not part of the transportation system, which are no longer needed: Provided further, That no funds shall be expended to decommission any system road until notice and an opportunity for public comment has been provided on each decommissioning project: Provided further, That any unobligated balances of amounts previously appropriated to the Forest Service "Reconstruction and Construction” account as well as any unobligated balances remaining in the “National Forest System” account for the facility maintenance and trail maintenance extended budget line items at the end of fiscal year 1999 may be transferred to and merged with the "Reconstruction and Maintenance” account.
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 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $39,575,000, to be derived from the Land and Water Conservation Fund, to remain available until expended, of which not to exceed $40,000,000 may be available for the acquisition of lands or interests within the tract known as the Baca Location No. 1 in New Mexico only upon: (1) enactment of legislation authorizing the acquisition of lands, or interests in lands, within such tract; (2) completion of a review, not to exceed 90 days, by the Comptroller General of the United
States of an appraisal conforming with the Uni None of the funds made available under this tional Forest Foundation may hold Federal form Appraisal Standards for Federal Land AC Act shall be obligated or expended to abolish funds made available but not immediately disquisition of all lands and interests therein to be any region, to move or close any regional office bursed and may use any interest or other investacquired by the United States, and (3) submis for National Forest System administration of the ment income earned (before, on, or after the sion of the Comptroller General's review of such Forest Service, Department of Agriculture with date of the enactment of this Act) on Federal appraisal to the Committee on Resources of the out the consent of the House and Senate Com funds to carry out the purposes of Public Law House of Representatives, the Committee on En mittees on Appropriations.
101–593: Provided further, That such investergy and Natural Resources of the Senate, and Any appropriations or funds available to the ments may be made only in interest-bearing oblithe Committees on Appropriations of the House Forest Service may be transferred to the gations of the United States or in obligations and Senate: Provided, That subject to valid ex Wildland Fire Management appropriation for guaranteed as to both principal and interest by isting rights, all federally-owned lands and in forest firefighting, emergency rehabilitation of the United States. terests in lands within the New World Mining burned-over or damaged lands or waters under Pursuant to section 2(b)(2) of Public Law 98– District comprising approximately 26,223 acres, its jurisdiction, and fire preparedness due to se 244, $2,650,000 of the funds available to the Formore or less, which are described in a Federal vere burning conditions if and only if all pre est Service shall be available for matching funds Register notice dated August 19, 1997 (62 Fed. viously appropriated emergency contingent to the National Fish and Wildlife Foundation, Reg. 44136-44137), are hereby withdrawn from funds under the heading “Wildland Fire Man
as authorized by 16 U.S.C. 3701-3709, and may all forms of entry, appropriation, and disposal agement” have been released by the President be advanced in a lump sum as Federal financial under the public land laws, and from location, and apportioned.
assistance, without regard to when expenses are entry and patent under the mining laws, and
Funds appropriated to the Forest Service shall incurred, for projects on or benefitting National from disposition under all mineral and geo
be available for assistance to or through the Forest System lands or related to Forest Service thermal leasing laws.
Agency for International Development and the programs: Provided, That the Foundation shall ACQUISITION OF LANDS FOR NATIONAL FORESTS
Foreign Agricultural Service in connection with obtain, by the end of the period of Federal fiSPECIAL ACTS forest and rangeland research, technical infor nancial assistance, private contributions to
match on at least one-for-one basis funds adFor acquisition of lands within the exterior
mation, and assistance in foreign countries, and boundaries of the Cache, Uinta, and Wasatch
shall be available to support forestry and re vanced by the Forest Service: Provided further, National Forests, Utah; the Toiyabe National
lated natural resource activities outside the That the Foundation may transfer Federal Forest,
funds to a non-Federal recipient for a project at Nevada; and the Angeles, San
United States and its territories and possessions,
including technical assistance, education and the same rate that the recipient has obtained Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law,
training, and cooperation with United States the non-Federal matching funds.
Funds appropriated to the Forest Service shall $1,069,000, to be derived from forest receipts.
None of the funds made available to the For be available for interactions with and providing ACQUISITION OF LANDS TO COMPLETE LAND
est Service under this Act shall be subject to technical assistance to rural communities for EXCHANGES transfer under the provisions of section 702(b) of
sustainable rural development purposes. For acquisition of lands, such sums, to be de
the Department of Agriculture Organic Act of Notwithstanding any other provision of law, rived from funds deposited by State, county, or 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the
80 percent of the funds appropriated to the Formunicipal governments, public school districts,
proposed transfer is approved in advance by the est Service in the “National Forest System” and or other public school authorities pursuant to
House and Senate Committees on Appropria “Reconstruction and Construction” accounts the Act of December 4, 1967, as amended (16
tions in compliance with the reprogramming and planned to be allocated to activities under U.S.C. 484a), to remain available until ex
procedures contained in House Report No. 105– the "Jobs in the Woods" program for projects on pended 163.
National Forest land in the State of Washington RANGE BETTERMENT FUND
None of the funds available to the Forest may be granted directly to the Washington State For necessary expenses of range rehabilita Service may be reprogrammed without the ad Department of Fish and Wildlife for accomplishtion, protection, and improvement, 50 percent of vance approval of the House and Senate Com ment of planned projects. Twenty percent of all moneys received during the prior fiscal year, mittees on Appropriations in accordance with said funds shall be retained by the Forest Servas fees for grazing domestic livestock on lands in the procedures contained in House Report No. ice for planning and administering projects. National Forests in the 16 Western States, pur 105–163.
Project selection and prioritization shall be acsuant to section 401(b)(1) of Public Law 94–579, No funds appropriated to the Forest Service complished by the Forest Service with such conas amended, to remain available until expended, shall be transferred to the Working Capital sultation with the State of Washington as the of which not to exceed 6 percent shall be avail Fund of the Department of Agriculture without Forest Service deems appropriate. able for administrative expenses associated with the approval of the Chief of the Forest Service. Funds appropriated to the Forest Service shall on-the-ground range rehabilitation, protection, Funds available to the Forest Service shall be be available for payments to counties within the and improvements.
available to conduct a program of not less than Columbia River Gorge National Scenic Area, GIFTS, DONATIONS AND BEQUESTS FOR FOREST
$1,000,000 for high priority projects within the pursuant to sections 14(c)(1) and (2), and secAND RANGELAND RESEARCH
scope of the approved budget which shall be tion 16(a)(2) of Public Law 99–663.
carried out by the Youth Conservation Corps as The Secretary of Agriculture is authorized to For expenses authorized by 16 U.S.C. 1643(b), authorized by the Act of August 13, 1970, as
enter into grants, contracts, and cooperative $92,000, to remain available until expended, to amended by Public Law 93-408.
agreements as appropriate with the Pinchot Inbe derived from the fund established pursuant to
Of the funds available to the Forest Service, stitute for Conservation, as well as with public the above Act.
$1,500 is available to the Chief of the Forest and other private agencies, organizations, instiADMINISTRATIVE PROVISIONS, FOREST SERVICE
Service for official reception and representation tutions, and individuals, to provide for the deAppropriations to the Forest Service for the expenses.
velopment, administration, maintenance, or rescurrent fiscal year shall be available for: (1) To the greatest extent possible, and in accord toration of land, facilities, or Forest Service propurchase of not to exceed 110 passenger motor ance with the Final Amendment to the Shawnee
grams, at the Grey Towers National Historic vehicles of which 15 will be used primarily for National Forest Plan, none of the funds avail Landmark: Provided, That, subject to such law enforcement purposes and of which 109 able in this Act shall be used for preparation of terms and conditions as the Secretary of Agrishall be for replacement; acquisition of 25 pas timber sales using clearcutting or other forms of culture may prescribe, any such public or prisenger motor vehicles from excess sources, and even-aged management in hardwood stands in
vate agency, organization, institution, or indihire of such vehicles; operation and mainte the Shawnee National Forest, Illinois.
vidual may solicit, accept, and administer prinance of aircraft, the purchase of not to exceed Pursuant to sections 405(b) and 410(b) of Pub
vate gifts of money and real or personal propthree for replacement only, and acquisition of lic Law 101-593, of the funds available to the erty for the benefit of, or in connection with, sufficient aircraft from excess sources to main Forest Service, up to $2,250,000 may be advanced
the activities and services at the Grey Towers tain the operable fleet at 213 aircraft for use in in a lump sum as Federal financial assistance to National Historic Landmark: Provided further, Forest Service wildland fire programs and other the National Forest Foundation, without regard That such gifts may be accepted notwithForest Service programs; notwithstanding other to when the Foundation incurs expenses, for ad standing the fact that a donor conducts busiprovisions of law, existing aircraft being re ministrative expenses or projects on or benefit ness with the Department of Agriculture in any placed may be sold, with proceeds derived or ting National Forest System lands or related to capacity. trade-in value used to offset the purchase price Forest Service programs: Provided, That of the Funds appropriated to the Forest Service shall for the replacement aircraft; (2) services pursu Federal funds made available to the Founda be available, as determined by the Secretary, for ant to 7 U.S.C. 2225, and not to exceed $100,000 tion, no more than $400,000 shall be available for payments to Del Norte County, California, purfor employment under 5 U.S.C. 3109; (3) pur administrative expenses: Provided further, That suant to sections 13(e) and 14 of the Smith River chase, erection, and alteration of buildings and the Foundation shall obtain, by the end of the National Recreation Area Act (Public Law 101other public improvements (7 U.S.C. 2250); (4) period of Federal financial assistance, private 612). acquisition of land, waters, and interests there contributions to match on at least one-for-one For purposes of the Southeast Alaska Ecoin, pursuant to 7 U.S.C. 428a; (5) for expenses basis funds made available by the Forest Serv nomic Disaster Fund as set forth in section pursuant to the Volunteers in the National For ice: Provided further, That the Foundation may 101(c) of Public Law 104-134, the direct grants est Act of 1972 (16 U.S.C. 558a, 558d, and 558a transfer Federal funds to a non-Federal recipi provided from the Fund shall be considered dinote); (6) the cost of uniforms as authorized by ent for a project at the same rate that the recipi rect payments for purposes of all applicable law 5 U.S.C. 5901–5902; and (7) for debt collection ent has obtained the non-Federal matching except that these direct grants may not be used contracts in accordance with 31 U.S.C. 3718(c). funds: Provided further, That hereafter, the Na for lobbying activities: Provided, That a total of
$22,000,000 is hereby appropriated and shall be deposited into the Southeast Alaska Economic Disaster Fund established pursuant to Public Law 104-134, as amended, without further appropriation or fiscal year limitation of which $10,000,000 shall be distributed in fiscal year 2000, $7,000,000 shall be distributed in fiscal year 2001, and $5,000,000 shall be distributed in fiscal year 2002. The Secretary of Agriculture shall allocate the funds to local communities suffering economic hardship because of mill closures and economic dislocation in the timber industry to employ unemployed timber workers and for related community redevelopment projects as follows:
(1) in fiscal year 2000, $4,000,000 for the Ketchikan Gateway Borough, $2,000,000 for the City of Petersburg, $2,000,000 for the City and Borough of Sitka, and $2,000,000 for the Metlakatla Indian Community;
(2) in fiscal year 2001, $3,000,000 for the Ketchikan Gateway Borough, $1,000,000 for the City of Petersburg, $1,500,000 for the City and Borough of Sitka, and $1,500,000 for the Metlakatla Indian Community; and
(3) in fiscal year 2002, $3,000,000 for the Ketchikan Gateway Borough, $500,000 for the City and Borough of Sitka, and $1,500,000 for the Metlakatla Indian Community.
Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the requested funding transfers.
No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act to any other agency or office of the department for more than 30 days unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.
The Forest Service shall fund overhead, national commitments, indirect expenses, and any other category for use of funds which are expended at any units, that are not directly related to the accomplishment of specific work onthe-ground (referred to as "indirect expenditures"), from funds available to the Forest Service, unless otherwise prohibited by law: Provided, That the Forest Service shall implement and adhere to the definitions of indirect expenditures established pursuant to Public Law 105– 277 on a nationwide basis without flexibility for modification by any organizational level except the Washington Office, and when changed by the Washington Office, such changes in definition shall be reported in budget requests submitted by the Forest Service: Provided further, That the Forest Service shall provide in all future budget justifications, planned indirect expenditures in accordance with the definitions, summarized and displayed to the Regional, Station, Area, and detached unit office level. The justification shall display the estimated source and amount of indirect expenditures, by expanded budget line item, of funds in the agency's annual budget justification. The display shall include appropriated funds and the Knutson-Vandenberg, Brush Disposal, Cooperative Work-Other, and Salvage Sale funds. Changes between estimated and actual indirect expenditures shall be reported in subsequent budget justifications: Provided further, That during fiscal year 2000 the Secretary shall limit total annual indirect obligations from the Brush Disposal, Cooperative Work-Other, KnutsonVandenberg, Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent of the total obligations from each fund.
Any appropriations or funds available to the Forest Service may be used for necessary expenses in the event of law enforcement emergencies as necessary to protect natural resources and public or employee safety: Provided, That such amounts shall not exceed $500,000.
From any unobligated balances available at the start of fiscal year 2000, the amount of $5,000,000 shall be allocated to the Alaska Region, in addition to the funds appropriated to sell timber in the Alaska Region under this Act, for expenses directly related to preparing sufficient additional timber for sale in the Alaska Region to establish a 3-year timber supply.
The Forest Service is authorized through the Forest Service existing budget to reimburse Harry Frey, $143,406 (1997 dollars) because his home was destroyed by arson on June 21, 1990 in retaliation for his work with the Forest Service.
DEPARTMENT OF ENERGY
(DEFERRAL) Of the funds made available under this heading for obligation in prior years, $156,000,000 shall not be available until October 1, 2000: Provided, That funds made available in previous appropriations Acts shall be available for any ongoing project regardless of the separate request for proposal under which the project was selected. FOSSIL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS) For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95–91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), performed under the minerals and materials science programs at the Albany Research Center in Oregon, $410,025,000, to remain available until expended, of which $24,000,000 shall be derived by transfer from unobligated balances in the Biomass Energy Development account: Provided, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas.
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER OF FUNDS) Moneys received as investment income on the principal amount in the Great Plains Project Trust at the Norwest Bank of North Dakota, in such sums as are earned as of October 1, 1999, shall be deposited in this account and immediately transferred to the general fund of the Treasury. Moneys received as revenue sharing from operation of the Great Plains Gasification Plant and settlement payments shall be immediately transferred to the general fund of the Treasury.
NAVAL PETROLEUM AND OIL SHALE RESERVES
The requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal year 2000: Provided, That, notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities.
ELK HILLS SCHOOL LANDS FUND For necessary expenses in fulfilling the second installment payment under the Settlement Agreement entered into by the United States and the State of California on October 11, 1996, as authorized by section 3415 of Public Law 104– 106, $36,000,000, to become available on October 1, 2000, for payment to the State of California for the State Teachers' Retirement Fund from the Elk Hills School Lands Fund.
ENERGY CONSERVATION (INCLUDING TRANSFER OF FUNDS) For necessary expenses in carrying out energy conservation activities, $689,242,000, to remain available until expended, of which $25,000,000 shall be derived by transfer from unobligated balances in the Biomass Energy Development account: Provided, That $167,000,000 shall be for use in energy conservation programs as defined in section 3008(3) of Public Law 99–509 (15 U.S.C. 4507): Provided further, That notwithstanding section 3003(d)(2) of Public Law 99–509, such sums shall be allocated to the eligible programs as follows: $134,000,000 for weatherization assistance grants and $33,000,000 for State energy conservation grants: Provided further, That, notwithstanding any other provision of law, in fiscal year 2001 and thereafter sums appropriated for weatherization assistance grants shall be contingent on a cost share of 25 percent by each participating State or other qualified participant.
ECONOMIC REGULATION For necessary expenses in carrying out the activities of the Office of Hearings and Appeals, $2,000,000, to remain available until expended.
STRATEGIC PETROLEUM RESERVE For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), $159,000,000, to remain available until expended: Provided, That the Secretary of Energy hereafter may transfer to the SPR Petroleum ACcount such funds as may be necessary to carry out drawdown and sale operations of the Strategic Petroleum Reserve initiated under section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) from any funds available to the Department of Energy under this or any other Act: Provided further, That all funds transferred pursuant to this authority must be replenished as promptly as possible from oil sale receipts pursuant to the drawdown and sale.
ENERGY INFORMATION ADMINISTRATION For necessary expenses in carrying out the activities of the Energy Information Administration, $72,644,000, to remain available until expended. ADMINISTRATIVE PROVISIONS, DEPARTMENT OF
ENERGY Appropriations under this Act for the current fiscal year shall be available for hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase, repair, and cleaning of uniforms; and reimbursement to the General Services Administration for security guard services.
From appropriations under this Act, transfers of sums may be made to other agencies of the Government for the performance of work for which the appropriation is made.
None of the funds made available to the Department of Energy under this Act shall be used to implement or finance authorized price support or loan guarantee programs unless specific provision is made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, private or foreign: Provided, That revenues and other moneys received by or for the account of the Department of Energy or otherwise generated by sale of products in connection with projects of the department appropriated under this Act may be retained by the Secretary of Energy, to be available until expended, and used only for plant construction, operation, costs, and payments to cost-sharing entities as provided in appropriate cost-sharing contracts or agreements: Provided further, That the remainder of revenues after the making of such payments shall be covered into the Treas