Appropriations bill FY99, Interior

TABLE OF CONTENTS:

Title I: Department of the Interior

Title II: Related Agencies

Title III: General Provisions

Title IV: To Amend the Elwha River Ecosystem and Fisheries

Restoration Act

Title V: Land Between the Lakes Protection Act

Subtitle A: Establishment, Administration, and

Jurisdiction

Subtitle B: Management Provisions

Subtitle C: Transfer Provisions

Subtitle D: Funding

Title VI: Department of Commerce

Department of the Interior and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of the Interior and related agencies for FY 1999.

Title I: Department of the Interior - Makes appropriations for the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; and (10) miscellaneous trust funds.

Amends Federal law to increase claim maintenance fees to be paid by holders of unpatented mining claims, mills, or tunnel sites for FY 1999 and subsequent years. Increases and permanently extends location fees for such claims. Makes fees available for mining law administration program operations.

Appropriates funds for the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) land acquisition; (4) expenses related to carrying out the Endangered Species Act of 1973; (5) the National Wildlife Refuge Fund; (6) expenses related to carrying out the North American Wetlands Conservation Act; (7) the Wildlife Conservation and Appreciation Fund; and (8) expenses related to carrying out the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, and the Rhinoceros and Tiger Conservation Act of 1994.

Makes appropriations for the National Park Service (NPS) for: (1) the National Park System; (2) national recreation and preservation activities; (3) expenses related to carrying out the Historic Preservation Act of 1966; (4) construction; and (5) land acquisition and State assistance from the Land and Water Conservation Fund.

Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 1999.

Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) departmental management, the Offices of the Solicitor and the Inspector General; (7) trust programs for Indians; and (8) natural resource damage assessment.

Sets forth authorized and prohibited uses of specified funds.

(Sec. 107) Prohibits the use of funds provided in this title for specified offshore leasing and related activities.

(Sec. 115) Sets forth provisions regarding voluntary separation incentives, severance pay, and continued health benefits for employees of the NPS Denver Service Center.

(Sec. 117) Directs the Secretary of the Interior (Secretary) to enter into an agreement with and provide funding to the National Academy of Sciences, the Board on Earth Sciences and Resources, to conduct a study of the environmental and reclamation requirements related to mining of locatable materials on Federal lands and the adequacy of those requirements in preventing degradation of such lands in each State in which such mining occurs. Requires a report to appropriate Federal agencies, the Congress, and Governors of affected States.

Bars the Secretary from promulgating any final regulations to change BLM surface management regulations until at least 90 days after publication of such report.

(Sec. 119) Requires the Secretary to convey certain property in Nome, Alaska, to Kawerak, Inc., a nonprofit tribal organization. Subjects such conveyance to valid existing rights and specified rights of way.

(Sec. 120) Bars the expenditure of funds made available in any Act by the Secretary to promulgate regulations affecting commercial or subsistence fishing in Glacier Bay National Park or to enforce any prohibition against such fishing if such fishing is conducted in accordance with the laws of the State of Alaska.

(Sec. 122) Prohibits the expenditure of funds provided in this title for the administration, approval, or permitting, during FY 1999, of drilling of any kind on leases within the Manteo Exploration Unit and adjacent lease blocks of the Mid Atlantic planning area prior to completion of all State coastal consistency determinations pursuant to the Coastal Zone Management Act and conclusion of litigation and administrative appeals.

(Sec. 123) Authorizes the renewal of grazing permits which expire during FY 1999, for the balance of FY 1999 or until the BLM completes permit processing, whichever comes first. Provides for modification of such permits, if necessary, and authorizes reissuance for a term of up to ten years.

(Sec. 125) Requires the Secretary, acting through the BLM Director, to convey specified property to the town of Pahrump, Nevada, subject to valid existing rights and a specified right of way. Subjects such property to reversion to the United States if it is used for purposes other than that of a public fairground or related public purpose.

(Sec. 126) King Cove Health and Safety Act of 1998 - Directs the Secretary to grant the Aleutians East Borough a perpetual right-of-way of 60 feet in width through specified land in Seward Meridian, Alaska, for the construction, operation, and maintenance of certain utility-related fixtures and of a public road between the cities of Cold Bay and King Cove, Alaska, if the King Cove Corporation offers to transfer specified lands to the United States. Requires the lands transferred to the United States to be managed in accordance with the Alaska National Interest Lands Conservation Act. Includes such lands in the Izembek National Wildlife Refuge.

Directs the Secretary and the Aleutians East Borough to jointly prepare a plan setting forth: (1) the times of the year a road may be reasonably constructed when there are not high concentrations of migratory birds in Kinzarof Lagoon; and (2) limitations on non-emergency road traffic during periods of the year when there are high concentrations of such birds in the Lagoon.

Grants the Aleutians East Borough the right-of-way described in this Act if agreement is not reached with the Secretary within a specified time frame.

(Sec. 127) Bars the use of funds provided by any Act by the Secretary to acquire State, private, or other non-Federal lands in the State of Alaska unless the Secretary seeks to exchange unreserved public lands before purchasing lands in Alaska.

(Sec. 128) Designates the Charleston Public School complex in Charleston, Arkansas, as the Charleston National Commemorative Site in commemoration of the Charleston schools' role as the first public school district to integrate following the Brown v. Board of Education Supreme Court decision.

(Sec. 129) Requires the Secretary, through the BIA and prior to distribution of tribal priority allocations (TPA) for FY 1999, to identify the top ten percent of tribes in the lower 48 States in terms of tribal revenue measured on a per capita basis during FY 1997. Requires such tribes to receive 50 percent of their TPA funding in FY 1999 and distributes the remainder among the tribes in the bottom 20 percent of tribes in the lower 48 States in terms of tribal revenue measured during FY 1997.

Directs the BIA to develop, and submit to the Congress, need-based distribution formulas for TPA funds.

(Sec. 131) Prohibits the use of funds in any Act to issue a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes until FY 2000 or until there is a negotiated agreement on the rule.

Incorporates provisions similar to those contained in the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) employees of BLM's Helium Operations; and (2) Huron Cemetery in Kansas City, Kansas.

Title II: Related Agencies - Makes appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management; (5) construction and reconstruction; (6) land acquisition; (7) range rehabilitation and improvement; and (8) forest and rangeland research.

Limits the amount of funds to be made available to the Department of Energy in FY 2000, 2001, and 2002 that were made available in prior years for clean coal technology projects.

Makes appropriations for the Department of Energy for: (1) fossil energy research and development activities; (2) naval petroleum and oil shale reserve activities; (3) energy conservation; (4) economic regulation activities of the Office of Hearings and Appeals; (5) the Strategic Petroleum Reserve; and (6) the Energy Information Administration.

Makes appropriations for the Department of Health and Human Services for the Indian Health Service and Indian health facilities.

Makes appropriations for: (1) the Office of Navajo and Hopi Indian Relocation; (2) the Institute of American Indian and Alaska Native Culture and Arts Development; (3) the Smithsonian Institution, including amounts for repair and restoration of buildings owned or occupied by the Smithsonian; (4) construction and improvements at the National Zoological Park; (5) construction; (6) the National Gallery of Art, including an amount for repair and restoration of facilities owned or occupied by the National Gallery; (7) operations, maintenance, and construction expenses of the John F. Kennedy Center for the Performing Arts; (8) carrying out the Woodrow Wilson Memorial Act of 1968; (9) the National Endowment for the Arts (NEA); (10) the National Endowment for the Humanities; (11) the Institute of Museum and Library Services; (12) the Commission of Fine Arts; (13) the Advisory Council on Historic Preservation; (14) the National Capital Planning Commission; (15) the Holocaust Memorial Council; and (16) the Presidio trust.

Sets forth provisions regarding uses of, and limitations on, funds under this title.

Title III: General Provisions - Sets forth limitations on the use of funds under this Act, including Buy American requirements.

Incorporates provisions similar to those contained in the Department of Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) the sale of timber from giant sequoias; (2) the underground lunchroom at Carlsbad Caverns National Park; (3) funding for the Americorps program; (4) the bridge between Jersey City, New Jersey, and Ellis Island; (5) patents for mining or mill site claims; (6) land acquisition for the Wayne National Forest; (7) competition for watershed restoration project contracts in the Pacific Northwest; (8) designation of Biosphere Reserves; (9) restrictions on NEA grants; (10) watershed restoration and enhancement agreements; and (11) introduction of the grizzly bear in specified areas in Idaho and Montana.

(Sec. 318) Reduces the budget authority made available in this Act by specified amounts in certain accounts.

(Sec. 325) Amends the National Foundation on the Arts and Humanities Act of 1965 to increase the number of Senators appointed by the Senate Majority Leader to serve on the National Council on the Arts from one to two.

(Sec. 326) Directs the Secretary of Agriculture to accept full title to specified real property in Skamania County, Washington, effective January 1, 1999. Requires the Secretary, for all identified property not acquired as of such date, to add to the agreed upon purchase price a timber growth adjustment equal to the adjustment made for the property on December 31, 1997.

(Sec. 327) Adjusts the boundary of: (1) the Lake Chelan National Recreation Area, Washington, to exclude a certain parcel of land and waters; and (2) the Wenatchee National Forest, to include such parcel.

Transfers administrative jurisdiction over Federal land and waters in the parcel from the Secretary of the Interior to the Secretary of Agriculture.

Considers the boundaries of the Forest to be those as of January 1, 1965, for purposes of Federal provisions concerning allocation of Land and Water Conservation Fund monies for Federal purposes.

(Sec. 328) Grants the Forest Service authority independent of the Department of Agriculture to obtain and implement a general ledger. Requires the Forest Service to report to the Appropriations Committees on information systems being considered for such purposes.

(Sec. 329) Provides that current forest plans will remain in effect until revised, notwithstanding a provision of the Forest and Rangeland Renewable Resources Planning Act of 1974.

(Sec. 330) Authorizes the Secretary of Agriculture to conduct technology transfer and development, training, dissemination of information, and applied research in the management, processing, and utilization of the hardwood forest resource.

Permits the Secretary of Agriculture to: (1) assume all rights, title, and interest of the Robert C. Byrd Hardwood Technology Center, a nonprofit corporation operating under the laws of the State of West Virginia; and (2) operate and utilize Center assets as part of a newly formed Institute of Hardwood Technology Transfer and Applied Research. Requires Institute revenues to be deposited in a special Treasury fund known as the Hardwood Technology Transfer and Applied Research Fund.

Authorizes appropriations.

(Sec. 331) Requires the Forest Service to rescind its decision prohibiting the use of fixed anchors for rock climbing in wilderness areas of national forests.

(Sec. 332) Prohibits the use of funds appropriated by any Act to undertake prescribed burning until the Forest Supervisor certifies that every effort has been made to remove all economically viable, commercial wood products from the proposed burn area.

(Sec. 335) Authorizes the Forest Service, until September 30, 2002, to enter into contracts with private persons to perform services to achieve land management goals for each national forest in Idaho and Montana and in the Umatilla National Forest, Oregon, that meet local and rural community needs.

Permits the Forest Service, in connection with a contract, to apply the value of timber or other forest products removed as an offset against the cost of services received.

(Sec. 336) Directs the Forest Service and the Federal Highway Administration to make a specified amount available to the State of Utah for construction of the Trappers Loop connector road.

(Sec. 337) Sets forth reporting and other requirements with respect to the obligation of funds for the operation or implementation of the Interior Columbia Basin Ecosystem Management Project.

(Sec. 338) Requires the Secretary of Agriculture to prepare and offer for sale each year an economically viable supply of unharvested timber in the Tongass National Forest, Alaska, which: (1) has been cleared through the National Environmental Policy Act process and meets requirements of other applicable Federal or State laws; and (2) is equal to at least 90 percent of the allowable sale quantity identified in the May 1997 Record of Decision for the Tongass Land Management Revision.

Grants the U.S. District Court for Alaska jurisdiction: (1) over civil suits brought by a person economically dependent upon the Secretary's performance under this section and adversely affected by failure to prepare or offer for sale the required volume of timber; and (2) to enforce this section or otherwise provide relief. Requires the Chief of the Forest Service, in addition to any ordered relief, to make annual payments to local governments in southeast Alaska equal to 25 percent of the receipts that would have been received from required timber sales if such timber was not offered for sale.

(Sec. 339) Prohibits, in the financing of any forest development road, amortization of road costs in any contract with, or the provision of credit for road construction to, any purchaser of national forest timber or products. Sets forth related provisions regarding the construction of roads by timber purchasers.

(Sec. 340) Requires all timber sold in Region 10 in FY 1999 to be sold using a residual value appraisal system. Sets forth additional requirements for the sale of such timber, including those regarding the volume of western red cedar timber available for processors.

(Sec. 343) Prohibits Federal or State agencies, unless specifically authorized by the Congress, from requiring, authorizing, funding, or undertaking any action that would remove or diminish the congressionally authorized uses of any dam on the Federal Columbia Power System or on the Columbia or Snake Rivers or their tributaries licensed by the Federal Energy Regulatory Commission.

Title IV: To Amend the Elwha River Ecosystem and Fisheries Restoration Act - Amends the Elwha River Ecosystem and Fisheries Restoration Act to direct the Secretary of the Interior, as soon as sums are appropriated, to acquire the Elwha and Glines Canyon Projects (Clallam County, Washington, hydroelectric power projects) for a purchase price of $29.5 million. Conditions such acquisition on a release of the owner and local industrial consumer from liability to the United States arising from such Projects. Prohibits the United States from assuming or satisfying the liability of such owner or consumer to any federally recognized Indian tribe.

Directs the Secretary: (1) after acquiring the Elwha Project and as soon as sums are appropriated for such purpose, to remove the Elwha dam, taking necessary action to ensure the continued availability of current water quality and quantity to specified areas and users; (2) during the removal phase, to thoroughly evaluate the removal's impact on fish runs; and (3) subject to appropriations, to pay specified compensation for a period of 12 years to the Clallam County Board of Commissioners for revenues lost due to such removal (with a specified condition).

Directs the Secretary to continue operation of the Glines Canyon dam after the Elwha dam has been removed, subject to appropriations.

Authorizes the Secretary, subject to appropriations and after completion of removal of the Elwha Project and specified fisheries studies, to remove the Glines Canyon Project if the benefit to fisheries and natural restoration of the Elwha River exceeds the value of power and the desirability of the lake by a margin sufficient to warrant the expenditure of the removal cost. Directs the Secretary to: (1) complete a Glines Canyon engineering and design study concerning the reconfiguration of transmission lines and dam operational controls; and (2) evaluate the impact that managing such Project for fisheries restoration will have on future hydropower operations.

Directs the Secretary to develop and implement a comprehensive fish enhancement plan with the Elwha Citizens Commission, the Lower Elwha Klallam tribe, the National Marine Fisheries Service, the Washington Department of Fish and Wildlife, and other entities directly affected by management decisions on the Elwha River.

Title V: Land Between the Lakes Protection Act - Land Between the Lakes Protection Act of 1998 - Subtitle A: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System.

Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education.

(Sec. 513) Provides for payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA).

(Sec. 514) Considers all Area paved roads as forest highways.

Subtitle B: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction.

(Sec. 522) Establishes the Land Between the Lakes Advisory Board.

(Sec. 523) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites, or for activities, within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses.

(Sec. 526) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service for management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by the Service. Subordinates Service fish and wildlife activities to overall Area management.

(Sec. 527) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act.

(Sec. 528) Directs the Secretary to maintain an inventory of and ensure access to all Area cemeteries for burial, visitation, and maintenance.

(Sec. 529) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment.

(Sec. 530) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities.

(Sec. 531) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years commencing in FY 2000.

Subtitle C: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records.

(Sec. 545) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit to others.

(Sec. 546) Requires transfer compliance with all applicable environmental laws, under specified procedures.

(Sec. 547) Authorizes the Secretary to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Sets forth other employee transition provisions.

Limits funds from available TVA balances and nonpower proceeds to be used for the transfer.

Subtitle D: Funding - Transfers a specified amount of TVA available balances and nonpower proceeds to the Secretary and makes funds available to the Secretary of the Interior available to the Fish and Wildlife Service for their Area administration.

(Sec. 552) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.

Title VI: Department of Commerce - Makes funds available from the Environmental Improvement and Restoration Fund for marine research activities of the National Oceanic and Atmospheric Administration.