Appropriations for FY1996 : Interior

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95-629 ENR

Appropriations for FY1996 :

Interior

One of a series of CRS Reports on FY1996 appropriations

Alfred R . Greenwood, Coordinator

Senior Analyst in Natural Resources Policy

Environment and Natural Resources Policy Division

Updated June 7, 1996

CBS

I I I 1 1 1 1 Ii

Appropriations for FY1996 : Interior

Summary

The annual Interior and Related Agencies Appropriations bill includes

funding for agencies and programs in five separate Federal Departments as well

as numerous smaller agencies and diverse programs . The President's FY1996

budget request totaled $13 .8 billion compared to the $13 .6 billion enacted by

Congress for FY1995 (P .L . 103-332) and later reduced to $13 .5 billion by the

FY1995 Rescissions Bill (P .L. 104-19) . This report and its previous updates

provide information on H .R . 1977, the Interior and Related Appropriations bill

for FY1996, from its initial subcommittee mark up in June 1995 to its veto by

President Clinton in December 1995 through a series of continuing resolutions

(CR's) until FY1996 funding was approved by H .R . 3019, the Omnibus

Consolidated Rescissions and Appropriations Act of 1996 (P .L . 104-134) signed

by President Clinton on April 26, 1996 .

The earlier House-Senate Conference Report on H .R. 1977 (H .Rpt . 104-259)

of September 21, 1995 provided FY1996 funding at $12 .11 billion, $1 .7 billion

below the President's request and $1 .4 billion less than the final FY1995

appropriation . Most agencies were funded at or below the FY1995 level with

significant reductions to the Bureau of Indian Affairs (BIA), Department of

Energy, National Endowment for the Arts and National Endowment for the

Humanities . In addition, the National Biological Service, Bureau of Mines and

Pennsylvania Avenue Development Corporation were scheduled for termination .

On September 29, 1995, the House voted to recommit H .R . 1977 with

instructions that conferees support a moratorium on mining patents, and on

October 31, 1995, the conference agreed to a mining patent moratorium .

However, on November 15, 1995, the House again voted to recommit the bill .

The conference met again on December 12, 1995, and agreed to continue the

mining patent moratorium, to continue the Tongass Land Management Plan for

FY1996-97 based on Alternative P, and to add $25 million each for the BIA and

the Indian Health Service (IHS) . The House and Senate adopted the conference

report (H .Rpt . 104-402), but President Clinton vetoed H .R . 1977 on December

18, 1995 citing policy differences including administration objections to : cuts in

Indian programs, the level of timber harvest from the Tongass National Forest,

and a moratorium on listing additional species as endangered . On January 4,

1996, the House failed to override the President's veto .

From January 6, 1996 until April 24, 1996, funding was provided in a series

of continuing resolutions until passage of H .R. 3019 on April 25, 1996 . The

omnibus appropriations legislation (P .L . 104-134) provides $12 .54 billion for

FY1996 funding of the Department of Interior and related Agencies, including

$245 .3 million of emergency supplemental appropriations . However, most

agency funding remains generally at the levels provided in H .R . 1977 (H .Rpt .

104-402) .

Contributors

Name

Alfred R . Greenwood

Robert Bamberger

Susan Boren

Andorra Bruno

Betsy A. Cody

M . Lynne Corn

Jennifer Neisner

Ross W. Gorte

Marc Humphries

Lawrence C . Kumins

James Mielke

Larry B . Parker

Fred Sissine

Duane A. Thompson

Roger Walke

David Whiteman

Area of Expertise

Coordinator, Interior Budget Data

Naval Petroleum Reserves

Strategic Petroleum Reserve

Arts, Humanities, and

Cultural Affairs

Territorial and

International Affairs

Bureau of Land Management

Fish and Wildlife Service

National Biological Service

Indian Health Service

Forest Service

Minerals Management Service

OCS Moratoria

U .S . Geological Survey

Fossil Energy

Energy Efficiency

Bureau of Mines

Surface Mining and Reclamation

Bureau of Indian Affairs

Indian Education

National Park Service

CRS Division

Telephone

ENR

ENR

7-7236

7-7240

EPW

7-6899

GOV

7-7865

ENR

ENR

7-7229

7-7267

EPW

ENR

ENR

ENR

SPR

ENR

SPR

ENR

7-5863

7-7266

7-7264

7-7250

7-7007

7-7238

7-7039

7-7252

GOV

7-8641

ENR

7-7786

David Bearden and Carol Canada, Environment and Natural Resources Policy Divisio

assisted in the research and production of this report .

ENR = Environment and Natural Resources Policy Division

EPW = Education and Public Welfare Division

GOV = Government Division

SPR = Science Policy Research Division

Contents

Status

1

Key Policy Issues

6

Title I : Department of the Interior

6

Bureau of Land Management

6

Fish and Wildlife Service

7

National Park Service

8

National Biological Service

10

U .S . Geological Survey

10

Minerals Management Service

11

Administration Proposal to Dissolve the MMS

12

OCS Moratoria

12

Bureau of Mines

13

Office of Surface Mining Reclamation and Enforcement

13

Bureau of Indian Affairs

14

Territorial and International Affairs

15

Departmental Offices : National Indian Gaming Commission . . 17

Departmental Offices : Office of Special Trustee for American

Indians

18

Title II : Related Agencies and Programs

18

Department of Agriculture : U .S . Forest Service

18

Forest Service Timber Sales

18

Forest Roads

19

Land Acquisition

19

International Forestry

20

Department of Energy

20

Fossil Energy Research, Development, and Demonstration . 20

Strategic Petroleum Reserve

22

Naval Petroleum Reserves

22

Energy Efficiency

22

Department of Health and Human Services : Indian Health

Service

24

Department of Education : Indian Education

24

Office of Navajo and Hopi Indian Relocation

25

Other Related Agencies

26

Smithsonian

26

National Endowment for the Arts, National Endowment for the

Humanities, and Institute of Museum Services

27

For Additional Reading

CRS Products

Title I: Department of the Interior

Title II : Related Agencies

Other References

28

28

28

28

29

Appendices

30

This CRS report is one of a series

on FY1996 appropriations .

These reports are available from CRS

by calling 7-7132.

CRS Appropriations Series

Order Code

Report Subject

95-620 C

Appropriations Overview

95-624 ENR

Agriculture

95-632 E

Commerce, Justice, State,

and the Judiciary

95-622 F

Defense

95-628 GOV

District of Columbia

95-625 ENR

Energy and Water

95-623 F

Foreign Operations

95-629 ENR

Interior

95-633 EPW

Labor, Health & Human

Services, and Education

95-626 GOV

Legislative Branch

95-621 F

Military Construction

95-627 E

Transportation

95-630 E

Treasury, Postal Service,

Executive Office

95-631 A

VA, HUD, and

Independent Age c es

Appropriations for FY1996 : Interior

The annual Interior and Related Agencies Appropriations bill includes

funding for agencies and programs in five separate Federal Departments as well

as numerous smaller agencies and diverse programs . The President's FY1996

budget request totals $13 .8 billion compared to the $13 .6 billion enacted by

Title I of the bill includes agencies within the

Congress for FY1995 . 1

Department of the Interior which manage land and other natural resource

programs, the Bureau of Indian Affairs, and the Office of Territorial and

International Affairs . Title II of the bill includes the Forest Service of the

Department of Agriculture, research and development programs of the

Department of Energy, the Naval Petroleum and Oil Shale Reserves, and the

Strategic Petroleum Reserve . Programs involving Indian Health Services in the

Department of Health and Human Services and Indian Education in the

Department of Education are also included . In addition, Title II includes a

variety of related agencies such as the Smithsonian Institution, National Gallery

of Art, John F . Kennedy Center for the Performing Arts, the National

Endowment for the Arts, the National Endowment for the Humanities, and the

Pennsylvania Avenue Development Corporation .

Status

De artment of the Interior and Related Agencies, H .R . 1977

Subcommittee

Mar

House

Report

House

Passage

Senate

Report

Senate Conference

Passage Report

House

House Senate

6J20 95 7269

Conference

sport Approval

104-173

6/30/95

7/18/95

(244-181)

104-125

7/28/95

8/9,195

(92-6)

104-259

9/21/95

104-300

10/31/95

104-402

12/12/95

Public

Law

Senate

12/13/95 12/14/95 104-134'

(244-181) (58-40)

' President Clinton vetoed H .R . 1977 on December 18, 1995 . On January 4, 1996, the House failed

to override the President's veto . On April 25, 1996, Congress passed the Omnibus Consolidated

Rescissions and Appropriations Act of 1996 (P.L . 104-134, H.R. 3019) and President Clinton signed

the bill into law on April 26, 1996 .

1 The FY 1995 Rescissions Bill, H .R . 1944

Appropriations to $13 .5 billion . (See Appendix A.)

(P .L.

104-19),

reduced Interior

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The FY1996 House Concurrent Resolution on the Budget (H . Con . Res . 67)

and the FY1996 Senate Concurrent Resolution on the Budget (S . Con . Res . 13)

both passed their respective bodies in late May . A House-Senate Conference

issued its Report, 104-159, on June 26, 1995 . (See Appendix D for a comparison

of major differences between the House and Senate budget resolutions relating

to the Interior Bill .)

The Interior bill was marked up by the Interior

Subcommittee of the House Appropriations Committee on June 22, 1995 and by

the full committee on June 27, 1995 . The Interior Appropriations Bill, H .R.

1977, was introduced on June 30, 1995, and the House passed the bill on July

18, 1995 by a vote of 244 to 181 . (See Appendix A .) The House approved an

FY1996 funding level of almost $12 billion, $1 .5 billion below the FY1995 level

and $1 .8 billion below the President's request .

The Interior Subcommittee of the Senate Appropriations Committee and

the full committee marked up the bill on July 26 and July 28, 1995, respectively .

The Senate Appropriations Committee recommended an increase of $68 .5 million

above the House allowance . The Senate passed the bill on August 9, 1995, by

a vote of 92-6 (see Appendix B) .

The following are some of the significant provisions adopted in the first

Conference Report on H .R . 1977 (House Report 104-259) :

•

•

•

•

•

•

•

•

•

•

•

•

•

The Conference approved FY1996 funding at $12 .1 billion .

The bill is $1 .7 billion below the Administration's FY1996 request and

$1 .4 billion below the FY1995 level .

Land acquisition accounts would be reduced over 40 percent .

Major construction accounts would be reduced by 18 percent .

Funding for operations of the National Parks, National Forests, public

lands, and wildlife refuges would be maintained .

The National Biological Service would be terminated ; many

relevant functions would be retained, with funding reduced by $25

million to $137 million, within the U .S . Geological Survey .

The Bureau of Mines would be terminated and phased out .

Funding for the Bureau of Indian Affairs would be reduced $170

million below the FY1995 level, but Tribal Priority Allocations would

be funded above the FY1995 enacted level .

Programs administered by the Office of Indian Education in the

Department of Education would be reduced by $29 million .

Department of Energy programs would be reduced by 10 percent .

Fossil Energy Research and Development would be reduced by 10

percent .

Funding for the Naval Petroleum and Oil Shale Reserves would

be reduced by 15 percent from the FY1995 level .

Operation of the Strategic Petroleum Reserve would be funded

from previously appropriated funds for oil acquisition and revenues

from the sale of oil in the Weeks Islands in Louisiana .

Outer Continental Shelf (OCS) oil and gas leasing moratoria funding limitations would be retained .

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•

•

•

Energy conservation programs would be reduced by 25 percent and

State grants, including weatherization grants, reduced by 47 percent .

The Clean Coal Program would be funded from previous

appropriations sufficient to maintain ongoing projects .

Funding for the National Endowment for the Arts (NEA) and the

National Endowment for the Humanities (NEH) would be

reduced to $99 .5 million and $110 million respectively .

(See Appendix C for a list of those agencies and programs which would be

eliminated and for more detailed information on agency funding as agreed upon

by the House-Senate Conference .)

On September 29, 1995, by a vote of 277 to 147, the House agreed to

Representative Yates' motion to recommit H .R . 1977 to the conference

committee with instructions that House conferees insist on the House position

to maintain a moratorium on mining patents . In an October 19, 1995, letter to

the Chairmen of the Interior Subcommittees of the House and Senate

Appropriations Committees, OMB Director Rivlin reiterated Vice-President

Gore's statement of September 22nd that the President would veto the bill

unless funding were restored to the Bureau of Indian Affairs, Energy

Conservation programs, NEA, NEH, and unless Administration objections were

resolved involving the mining patent moratorium, Tongass forest management,

endangered species listings, etc . The conference committee met on October 31,

1995 and agreed to retain the current mining patent moratorium which would

be discontinued if reconciliation provisions are adopted or the House and Senate

pass identical legislation on this subject . On November 15, 1995, the full House

agreed again to recommit the bill to the conference by a vote of 230 to 199 with

instructions to oppose Senate amendments 108 and 158 concerning the Tongass

National Forest and fair market values for mineral patents respectively . The

conference committee met again on December 12, 1995, and agreed to continue

the existing mining patent moratorium in FY1996, continue the current Tongass

Land Management Plan for FY1996-97 ensuring that the allowable sale quantity

and timber base acreage is not less than Alternative P, added $25 million for

Tribal Priority Allocations in BIA, and added $25 million to the Indian Health

Service . (See Appendix B - Conference Report 104-402 - Appropriations for

FY1996) The House and Senate adopted the conference report on December 13

and 14, 1995, respectively . President Clinton vetoed H.R . 1977 on December 18,

1995 . On January 4, 1996, the House failed to override the President's veto by

a vote of 239 to 177 .

Continuing Resolutions (Selected)

On January 6, 1996, President Clinton signed H .R . 1358 (P .L. 104-91) .

Section 101 of the legislation provides FY1996 funding for visitor services on the

public lands managed by the Bureau of Land Management and for certain

projects and activities of Indian tribes or tribal organizations as follows :

. . . All projects and activities necessary to accommodate visitors and to

provide for visitors services on the public lands managed by the

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Bureau of Land Management at a rate for operations, notwithstanding

any other provision of this Act, provided for in the conference report

and joint explanatory statement of the Committee of Conference

(House Report 104-402) on the Department of the Interior and

Related Agencies Appropriations Act, 1996 (H .R . 1977), as passed by

the House of Representatives on December 13, 1995 . . .

. . . All Self-Determination and Self-Governance projects and activities

of tribes or tribal organizations (as that term is defined in Public Law

93-638) that are authorized by Public Law 93-638 under the account

heading `Operation of Indian Programs' under the Bureau of Indian

Affairs in the Department of the Interior or under the account

heading `Indian Health Services' under the Indian Health Service in

the Department of Health and Human Services at a rate for

operations, notwithstanding any other provision of this Act, provided

for in the conference report and joint explanatory statement of the

Committee of Conference (House Report 104-402) on the Department

of the Interior and Related Agencies Appropriations Act, 1996 (H.R .

1977), as passed by the House of Representatives on December 13,

1995 . . .

On January 6, 1996, President Clinton also signed H .R . 1643 (P .L . 104-92),

a continuing resolution that funds agencies in the Interior bill through January

26, 1996 and funds visitor services and assistance and foster care payments

funded by the BIA throughout FY1996 . Section 101 of the legislation provides

for limited and targeted FY1996 appropriations for :

. . . All general welfare assistance payments and foster care payments,

as authorized by law, funded under the account heading `Operation of

Indian Programs' under the Bureau of Indian Affairs in the

Department of the Interior . . .

. . . All projects and act

ies necessary to accommodate visitors and to

provide for visitor services in the National Park System, the National

Wildlife Refuges, the National Forests, the facilities operated by the

Smithsonian Institution, the National Gallery of Art, the John F .

Kennedy Center for the Performing Arts, and the United States

Holocaust Memorial . . .

Continued funding for agencies and programs, except as provided through

the end of FY1996 in P .L . 104-91 or P .L . 104-92, was enacted in another

continuing resolution, H .R . 2880 (P .L . 104-99), signed by President Clinton on

January 26, 1996 . Section 126 of the legislation provides funding for some

agencies based on the FY1996 Interior conference report (H .Rpt . 104-402) as

follows :

. . . Notwithstanding any other provision of this title of this Act, such

amounts as may be necessary are hereby appropriated under the

authority and conditions provided in the applicable appropriations Act

CRS-5

for the fiscal year 1995 for continuing, at a rate for operations

provided for in the conference report and joint explanatory statement

of the Committee of Conference (House Report 104-402) on the

Department of the Interior and Related Agencies Appropriations Act,

1996 (H .R . 1977), as passed by the House of Representatives on

December 13, 1995, for the following projects or activities including

the costs of direct loans and loan guarantees (not otherwise specifically

provided for in this Act) which are conducted in the fiscal year 1995 :

all projects or activities of the Indian Health Services, Indian Health

Service Facilities, Bureau of Indian Affairs, National Park Service,

notwithstanding any other provision of law, the United States Fish

and Wildlife Service, notwithstanding any other provision of law, and

the Forest Service, notwithstanding any other provision of law :

Provided, That appropriations and funds made available and authority

granted pursuant to this section shall be available until (a) enactment

into law of an appropriation for any project or activity provided for in

this section, or (b) the enactment into law of the applicable

appropriations Act without any provision for such project or activity,

or (c) March 15, 1996, whichever first occurs . . .

This law also provides funding for the remaining agencies and programs

through March 15, 1996, at the lowest of three amounts : the current rate for

FY1995, the House-passed level for FY1996, or the Senate-passed level for

FY1996 (but not less than 75 percent of the current rate) . Authorizations and

conditions enacted in the FY1995 appropriations act remain in effect until

superseded by an FY1996 Interior Appropriations Act or a subsequent

continuing resolution .

On March 29, 1996, President Clinton signed H .J .Res . 170 (P .L . 104-122),

to extend government funding through April 24, 1996, while the Congress

worked on H .R . 3019, the omnibus appropriations bill for FY1996 . H .J .Res . 175

(P .L . 104-131), enacted on April 25, 1996, provided funding for one day . (See

CRS Report 620 C, Appropriations for FY1996 : Overview for a discussion and

listing of the 15 continuing appropriations measures .)

Omnibus Appropriations Act

The Omnibus Consolidated Rescissions and Appropriations Act of 1996,

H .R. 3019 (P .L . 104-134), was signed into law by the President on April 26,

1996 . The legislation provides funding for the Department of the Interior and

related Agencies and for other Agencies and programs for which regular

appropriations were not enacted . P .L . 104-134 provides $12 .54 billion of funding

for Interior and related Agencies for FY1996, including $245 .3 million of

emergency supplemental appropriations . Most agency funding remains at

similar levels provided earlier in H .R. 1977 (H .Rpt . 104-402) . It should be noted

that $110 million was included for the Forest Service for a Southeast Alaska

Economic Disaster Fund to be disbursed to certain Alaskan communities should

the President waive implementation of the Tongass Forest Management Plan

(Alternative P) . See Appendix A, for a comparison of P .L . 104-134 funding by

Agency with H .R . 1977 and the FY1995 enacted level .

CRS-6

Major Funding Trends

From FY1991 to FY1995, Department of the interior and Related Agencies

appropriations increased by 16 percent, from $11 .7 billion to $13 .5 billion,

Adjusting for inflation, Interior

approximately 4 percent annually .

appropriations have remained essentially flat during this period . P .L . 104-134

funding of $12 .54 billion would reduce FY1996 budget authority 9 percent below

the FY1995 level . (See Appendix A for a comparison of FY1995 enacted and the

FY1996 budget request for Interior Appropriations, and see Appendix B for a

budgetary history of each agency, bureau, and program from FY1990 to

FY1995 .)

Department of the Interior and Related Agencies Appropriations

(budget authority in billions of dollars)

FY1991

FY1992

FY1993

FY1994

FY1995

11 .7

12 .5

12 .2

13 .4

13 .5

Key Policy Issues

Title I: Department of the Interior

The House Budget Resolution proposed a 5-year land acquisition

moratorium on the Bureau of Land Management, the Fish and Wildlife Service,

and the National Park Service . In addition, the three agencies would have

construction budgets cut by 50 percent . The Senate Budget Resolution assumed

a ten percent reduction in the operating budgets of these agencies .

Bureau of Land Management

The BLM funding level for FY1996 provided for in P .L . 104-134 is

approximately 3% below the FY1995 enacted appropriation (a $33 million

reduction), and nearly 8% below the Administration's budget request . The final

FY1996 appropriation prohibits use of funds for "developing, promulgating, and

thereafter implementing' a rule regarding RS-2477 highway rights-of-way across

certain federal lands . The legal interpretation of what constitutes a qualifying

right-of-way [preserved for travel over federal lands] has been quite

controversial . The Administration has sought to clarify federal requirements

more narrowly than those desired by some states, local governments, and private

interests . The FY1996 appropriation does not prohibit implementation of new

rules concerning rangeland management .

Comprehensive Mining Law legislation died in the 103rd Congress, but

legislation to place a one-year moratorium on mineral patents was enacted in

the Interior and Related Agencies appropriations bill, H .R . 4602 (P .L . 103-332) .

The one-year patent moratorium was not included in the FY1996 House Interior

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Appropriations bill (H.R. 1977) reported out of committee, but an amendment

to retain the one-year moratorium was approved on the House floor . The Senate

voted not to retain the moratorium but rather included a provision to increase

patent fees to reflect the "fair market value" of the surface lands . On September

19, 1995, the House-Senate Conference approved the Senate's provision .

However, on September 29, 1995, the House voted to recommit the bill to

conference with instruction to the conferees that the House position be restored .

On October 31, 1995, the House-Senate conferees restored the one-year

patent moratorium to the Interior appropriations bill . Those opposing the

patent moratorium argue that the moratorium is unnecessary and does little to

reform the Mining Law or prevent further mining on Federal lands (the private

sector does not need a patent to extract minerals from Federal lands) . Those in

favor of the moratorium believe that the transfer of public resources to the

private sector for nominal fees would be slowed and that the 1872 Mining Law

needs major overhaul which should be pursued through free standing legislation .

The continuation of the moratorium on mining patents would freeze about 200

patent applications and prohibit new patent applications, but nearly 400

hundred applicants that have received their first-half final certificate would

continue to be processed . However, on November 15, 1995, the full House voted

to recommit H.R . 1977 to the conference with instructions to oppose Senate

amendment 158 concerning fair market values for mineral patents . New

conference report language would continue the patent moratorium for FY1996

without specifying when the moratorium would be removed . Further, conferees

agreed to a schedule of 5 years to finish processing 90 percent of those

applicants that have received their first-half final certificate . Critics contend

that 5 years is not long enough to process the nearly 400 patent applications .

Fish and Wildlife Service

The Endangered Species program is the most controversial item in the

budget for the Fish and Wildlife Service (FWS) . (For further information, see

CRS Issue Brief 95003, Endangered Species : Continuing Controversy.) P.L. 104134 included:

A reduction

funding for pre-listing (renamed "cooperative

conservation agreements") activities from the budget request of $4 .5

million to $3 .8 million and a major reduction in funding for listing of

endangered species from the request of $8 .2 million to $4 .0 million .

There was a proviso in the act to permit only the de-listing of species

or their reclassification from endangered to threatened, but not the

addition of new species to the list through FY1996 or until the ESA

is re-authorized . However, the bill included a provision allowing the

President to waive the moratorium . This waiver has already occurred,

and listings will continue, to the extent permitted by this lower level

of funding and the backlog of listings .

Reduced ESA consultation by $4 .0 million and recovery by $8 .4 million

(relative to request) to $16 .0 million and $36 .5 million respectively .

CRS-8

•

Overall ESA reduction of $12 .9 million compared to President's

request .

Other key features of the law include :

•

$36 .9 million for land acquisition, a cut of $26 .0 million compared to

the request, and $30 .2 million compared to FY1995 . The final bill

shifted acquisition priorities substantially compared to the President's

request, giving much greater weight to refuge land acquisition and

much less to acquisition under ESA .

•

$8 .1 million for the Cooperative Endangered Species Fund (which

provides grants to States for conservation of ESA species), $29 .9

million less than the request and $0 .9 million less than FY1995, which

represents a decision not to fund a new Administration effort to assist

States in implementing Habitat Conservation Plans under ESA .

•

$10 .8 million for the National Wildlife Refuge Fund, which helps

compensate States for loss of revenue due to the presence of federally

owned land, for a savings of $0 .6 million compared to the request and

$1 .2 million compared to FY1995 .

•

$37 .7 million for construction, for a cut of $16 .1 million compared to

FY1995, and $3 .6 million above the President's request .

•

$6 .7 million for the North American Wetlands Conservation Fund, for

a savings of $5 .2 million compared to the request and $2 .2 million

compared to FY1995 .

•

$501 .0 million for Resource Management (which includes ESA,

Refuges, and Fisheries programs -- the bulk of the budget) . This area

had received $511 .3 million in FY1995 ; the President had requested

$535 .0 million for FY1996 .

While those in favor of reduced government regulation applauded the cuts,

environmentalists denounced them as ill-considered amendments to major laws .

National Park Service

The National Park Service (NPS) currently manages the 369 units that

comprise the National Park System, including 56 full-fledged National Parks,

the premier units of the system . In the last decade, Congress has restricted

funds to operate and maintain the National Park System despite continued

additions to the system . The original House and Senate budget resolutions for

FY1996 called for a ten percent reduction in the operating budget of the NPS

over the next seven years . The Secretary of the Interior testified that such

reductions would drastically limit the Service's scope of operations . Under such

a scenario the Service likely would have been forced to reduce operating hours,

to close portions of many parks, campgrounds, backcountry trails, and

CRS-9

interpretive programs, and to close as many as 200 smaller park units . Higher

entry and user/activity fees and administrative reforms could have offset some

of these proposed budgetary reductions, but the Administration argued that it

would not come close to solving problems with resource protection and visitor

use that continue to accrue "multi-billion dollar backlogs" in needed

maintenance . Congress continues to consider proposals to reduce costs, improve

management, and supplement funding for the Park Service . The Park Service

will continue this summer to substantially reduce services and maintenance with

some parks shutting down campgrounds, visitor centers and museums to save

money.

Officially Congress awarded the Park Service a one percent increase in its

1996 operating budget . This amounted to a $4 .6 million increase over 1995,

from $1 .078 billion in FY1995 to $1 .083 billion in FY1996 . However,

considering a 2 .5 percent inflation rate and increases in personnel costs, such

as retirement, the Park Service is effectively working with less money than last

year . Park operations funding was increased marginally, and funding for

construction and land acquisitions was reduced substantially .

After being defeated on the House floor, controversial legislation (H .R . 260)

that would address park funding problems by setting stringent criteria for

future parks and establishing a commission to review alternative management

scenarios or possible closure of park units was added by committee vote to the

House reconciliation package . The initiative to establish a commission to review

National Park system units for possible closure was subsequently stripped out

of the comprehensive reconciliation bill . The budget reconciliation package also

had included a revised version of H .R . 2028, to provide a uniform policy for

management of concessions by Federal land management agencies, including the

Park Service . The collapse of negotiations between the President and

Republican leaders in January left concession reform bills back in committee on

a stand-alone basis .

The final appropriations bill created a recreational fee demonstration

program designed to test the feasibility of user-generated cost recovery for the

operation and maintenance of recreational areas and sites on Federal lands . The

test program authorized the Park Service and the Forest Service, the Fish and

Wildlife Service, and the Bureau of Land Management to experiment with fee

charging initiatives at 10 to 50 developed recreational sites, for each agency, for

a period of three years . Because the demonstration program was enacted so late

(seven months into the fiscal year), Park Service and Forest Service

representatives say that they will have to defer full (50 site) participation in the

demonstration program until FY1997 .

The conference report on H.R. 1977 would have transferred limited funding

($600,000) and responsibility for the Mojave National Preserve from the Park

Service back to its former manager, the Bureau of Land Management, which

would have delayed implementation of Park Service protections to the Preserve

called for in the 1994 California Desert Protection Act . The reasoning behind

this attempted maneuver was that the Bureau would manage the Preserve on

CRS-10

a multiple-use basis with looser rules about recreational and commercial uses .

The attempt to curtail the Park Service's role in managing the new park in the

East Mojave desert was bargained away by final conference negotiators at the

last minute . The language of the earlier maneuver was contained in the

omnibus spending bill, but the President can (and did) waive implementation .

The final Mojave provision would appropriate $1.1 million for the Park

Service to manage the preserve . In a partial concession to Park Service

management opponents, the conferees directed that a final management plan for

the Mojave Preserve be submitted to congressional appropriations committees

for approval .

National Biological Service

The fundamental issues for the National Biological Service (NBS) were its

continued existence and the fate of its $172 million budget request . Both the

House and Senate Budget Resolutions would dissolve the NBS . Critics of the

agency argue that it is statutorily unauthorized . While the agency has no single

authorization or organic act, its functions are authorized piecemeal through

some 21 statutes . In the original statutes, in which authority was vested in the

Secretary of the Interior, these research and data collection responsibilities were

carried out by the Secretary through other agencies .

P.L . 104-134 accepted the House approach, which eliminated NBS and

transferred funds to the U .S. Geological Survey (USGS) for "resource research

and the operations of the Cooperative Research Units ." (The Senate had

"terminated the [NBS] and consolidated the biological research activities for

agencies within the Department...in this new agency" which it named the

"Natural Resources Science Agency .") (For further information, see U.S .

Geological Survey, below.)

U.S. Geological Survey

The U.S . Geological Survey conducts research and provides basic scientific

information concerning natural hazards and environmental issues, as well as

water, land, and mineral resources . The USGS was tentatively targeted for

elimination in a list of possible offsets for tax cuts and program changes in the

House Republican "Contract With America ." A proposal to abolish the Survey

also was included in the Republican Budget Initiative of the 103d Congress, 2d

Session ("Kasich Budget" for FY 1995) . Thus far, the U.S. Geological Survey has

survived all proposals to eliminate it . Although changes would occur, including

the addition of activities formerly conducted by other agencies within DOI (see

National Biological Service and Bureau of Mines), the conference report would

provide funding for the basic USGS programs at about the 1995 level . In

particular, funding for research programs that have a direct impact on

protecting life and property have been preserved . These include earthquake,

landslide, and other natural hazards research programs .

CRS-11

P .L. 104-134 appropriates $730,163,000 for surveys, investigations, and

research instead of $686,944,000 as proposed by the House and $577,503,000 as

proposed by the Senate . This includes $16,000,000 earmarked for minerals

information activities transferred from the Bureau of Mines . The amount

proposed by the House for earthquake hazards reduction was increased by

$4,000,000 for university earthquake research grants . This is the amount

recommended by the Senate and represents a 50 percent reduction to current

funding. The conference report also maintained funding for a competitive

program for the water resources research institutes that would require at least

a 2 to 1 funding match from non-Federal sources .

The portion of USGS now called "natural resource research" (which was

formerly the National Biological Service), was funded at $137 .0 million -- a cut

of $35 million, relative to the President's request for NBS for FY1996 . The

conference directed that USGS manage reductions within the reduced level of

funding so that cuts occur "predominantly in administrative, managerial, and

other headquarters support functions . . . so as to maintain, to the maximum

extent possible, scientific and technical capabilities ." How this transfer will

affect existing related research programs within USGS is unclear .

A substantial number of provisos restrict funds for "resource research" :

•

•

•

•

no use of funds for new surveys on private property without written

authorization of owner, including "new aerial surveys for the

designation of habitat under the [ESA]" without the owner's consent ;

no use of funds for programs using volunteers in research if "it is made

known" to the federal manager that the volunteers are not properly

trained or that the information is not verified ;

a requirement that resource research should maximize peer review ;

and

the National Academy of Science must review and report on resource

research at USGS .

(See CRS Report 95-746 ENR, The National Biological Service, for more

about NBS issues . For more information on private property issues, see CRS

Report 95-200 A, The Property Rights Issue .)

Minerals Management Service

The Offshore Minerals Management Program administers competitive

leasing on outer continental shelf lands and oversees production of offshore oil,

gas and other minerals . Currently, MMS administers 27 million acres of

offshore Federal leases . The Royalty Management Program (RMP) seeks to

ensure timely and accurate collection and disbursement of revenues from all

mineral leases on Federal lands (oil, gas, coal etc .) . Collection and distribution

of mineral revenues is carried out by the RMP . The MMS also enforces

compliance regulations and verifies production through an audit system . The

MMS collects about $5 .0 billion in revenues annually .

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The revenues from onshore leases are distributed to States in which they

were collected, the General Fund of the U .S . Treasury and various designated

programs . All States except Alaska receive 50 percent of the revenue collected

from Federal mineral leases . Alaska receives 90 percent of the revenue collected

from its mineral leases . Revenues from the offshore leases are divided between

the coastal states, Land and Water Conservation Fund, The Historic

Preservation Fund and the general Treasury . The states receive 27 percent of

the oil and gas royalties only from leases located within 3 miles of their seaward

boundaries . Royalties on competitive and noncompetitive leases are not less

than 12 .5 percent in amount or value of the production removed or sold from

the lease . Competitive and noncompetitive leases extend for a 10-year term .

Administration Proposal to Dissolve the MMS . The Administration's

FY1996 request for MMS is $201 .2 million . An Administration proposal

included in Phase-2 National Performance Review (REGO-2) recommended

abolishing the MMS and turning its onshore royalty management functions over

to the 38 States and the 29 Indian tribes affected, and to relocate the offshore

leasing program intact to another agency within the DOI . The Administration

abandoned the plan to devolve MMS responsibilities to the States later in 1995 .

The House agreed to fund MMS at $192 .9 million in FY1996, and the Senate

approved funding at a level of $188 .6 million . The House-Senate Conference

agreed to fund MMS at a level of $189 .4 million in FY1996 . However, P .L. 104134 funds MMS at $189 million due to a $400,000 cut from MMS

administration .

OCS Moratoria . A controversial element in the appropriations process

regards the OCS moratorium which Congress has approved each year since the

early 1980s . Each year, Congress banned the expenditure of appropriated funds

for any leasing activity on environmentally sensitive areas of the OCS . In 1990,

President Bush issued a directive which essentially bans OCS leasing activity in

places other than the Texas, Louisiana and Alabama offshore until 2000 .

The House Subcommittee on Interior Appropriations voted to lift the

moratoria, but the full Committee voted to keep the ban in place . The House

approved the moratoria, and the Senate Appropriations Committee concurred

with the moratoria language in the FY1995 Interior Appropriations bill .

Additionally, were Congress to abandon its moratoria -- which was not done -the executive directive would likely remain in place, and none of the

environmentally sensitive tracts currently off-limits would be leased .

From the perspective of revenue, the earliest any previously off-limits OCS

tracts could be leased would be in FY1997 . New leasing would need to be

included in the OCS 5-Year plan . The next Plan for the 1997 to 2002 period is

being circulated in decision document form . The proposed plan envisions leasing

in Gulf Coast planning areas with successful leasing history and in five Alaskan

planning areas . These areas are the Beaufort Sea, Chukchi Sea, Hope Basin,

Cook Inlet/Shelikof Straight, and the Gulf of Alaska . Whether leasing will

actually take place, how many and which tracts might be leased, and the timing

of those lease sales are currently uncertain .

CRS-13

Bureau of Mines

The House and Senate conferees agreed to eliminate the Bureau of Mines

as a separate entity, but to retain and reassign some of the Bureau's programs

to other related agencies . Spending for the U .S . Bureau has declined in the last

few years in response to the agency's own internal review and downsizing.

Despite this effort, the Bureau was targeted by some for elimination . The

Administration requested $132 .5 million for FY1996, a cut of $19 .9 million

below the FY1995 level and in addition to a $17 million program decrease from

FY1994 to FY1995 .

The House Budget Committee recommended future cuts leading to a level

of $63 million in FY2000 -- an overall decrease of 63 percent from FY1994 .

However, in the Department of the Interior Appropriations bill, H .R . 1977, the

House Appropriations Committee recommended $87 million in FY1996 for the

"orderly shutdown" of the Bureau within 90 days of enactment . In its report,

(House Report 104-173), the Committee indicated its decision was based on what

it perceived to be flagging endorsement by the Administration of the Bureau's

The Committee recommended the no-cost transfer of selected

programs .

facilities to universities or governmental entities, and encouraged the

Department of the Interior and the Bureau to identify Bureau programs that

should continue and which could be transferred elsewhere in Interior, or to

other Federal agencies .

The SenateAppropriations Committee subsequentlyrecommended retention

of the agency and proposed funding it at $132 .5 million . The conferees,

however, essentially embraced the House position, appropriating $64 million for

shutdown . The conferees recommended that the mineral information and

gathering function be transferred to the U .S . Geological Survey. Mine health

and safety functions would be transferred to DOE .

Office of Surface Mining Reclamation and Enforcement

For the entire Surface Mining Reclamation and Enforcement program, the

Administration requested $292 .8 million, down slightly from the $293 .4 million

for FY 1995 enacted . For FY 1996, Congress provided $279 .9 million, an

amount about $23 million less than enacted FY 1995 and $22 million below the

requested FY 1996 .

Of this amount, the Administration requested $107 .7 million for regulation

and technology for FY1996, an amount approximately $3 .5 million below the FY

1995 amount of $111 .0 million? For FY 1996, Congress agreed upon a total

funding of approximately $96 million, a decrease of about $15 million under the

previous year's funding level .

2 All amounts for regulation and technology includes (indefinite) modest receipts from

performance bond forfeitures .

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The Administration requested $185 .1 million for the Abandoned Mine

Reclamation program for FY1996 compared to the $182 .4 million appropriated

for FY1995 . The enacted amount for FY 1996 totals $173 .9 million, a decrease

of approximately $8 .5 million from the previous fiscal year .

The

Administration's FY1996 request eliminated funding for the Rural Abandoned

Mine Program (RAMP) (which received $7 .9 million in FY1995), and for the

Small Operator Assistance Program ($1 .8 million in FY1995) .

Congress

concurred and eliminated these programs .

Bureau of Indian Affairs

The key issues for the Bureau of Indian Affairs (BIA) are the reorganization

and downsizing of the agency and the movement toward greater tribal influence

on the agency's programs and expenditures . The BLA is under intense pressure

to reorganize, from the tribes, the Administration, and Congress, but the

proposals from the three sources are not the same . Reductions in BIA funding

in the Interior appropriations bill have focused attention on the issues of agency

downsizing and tribal self-governance abilities .

Greater tribal control over Federal Indian programs has been the goal of

Indian policy since the 1970s . In the BIA this policy takes three forms : shifting

of programs into a portion of the BIA budget called "Tribal Priority Allocations"

(TPA), where the tribes have more influence ; tribal contracting to run individual

BIA programs under the Indian Self-Determination Act ; and tribal compacting

with the BIA to manage all or most of a tribe's BIA programs, under the SelfGovernance program . The Administration's FY1996 budget proposed switching

a large BIA social services program, called welfare assistance, into TPA . In

addition, tribes want to protect the contract support (or indirect costs) funds

from cuts ; these funds help tribal governments pay the overhead costs of

managing BIA programs under self-determination contracts or self-governance

compacts .

The congressional budget resolution for FY1996 (H .Con .Res . 67, 104th

Congress), as agreed to by both Chambers, did not assume major changes in BIA

structure or funding (see H .Rpt . 104-159) . The report for the earlier Housepassed version (H .Rpt . 104-120) called for creating a new Native American block

grant to include both the BIA and the Indian Health Service, as well as

terminating or reducing Indian economic development and construction funding,

but the report for the Senate-passed version (SRpt . 104-82) did not contemplate

a Native American block grant and assumed that BIA programs would receive

priority consideration for Federal funding .

The bill reported by the House Appropriations Committee reduced BIA

budget authority by 3 .3 percent from FY1995 enacted levels and addressed a

number of BIA reorganization issues, including moving contract support and

welfare assistance funds into TPA and determining tribal needs and tribal

shares of BIA programs . The Committee's bill also ended funding for nearly all

the BIA's tribal economic and business development programs, for certain higher

education scholarships, and for the Indian Arts and Crafts Board (IACB) . The

CRS-15

House approved the Committee's proposal for BIA funding wit out major

amendment, restoring $8 million for a water rights settlement .

The Senate Appropriations Committee reduced BIA appropriations by

$616 .9 million from the House bill . Most of this reduction stemmed from the

Committee's recommended transfer of all BIA natural resources management

and trust-fund responsibilities to a new Office of Special Trustee for American

Indians in the Secretary's office .

The Committee also reduced TPA

appropriations in general, maintained education funds at slightly above the

House level, restored some economic development and construction spending,

and phased out the IACB . A general provision was also added to the bill to

reduce self-governance funds for Washington State tribes that unilaterally

restrict the access of non-member owners of private lands on their reservations

to existing or potential power or water utilities for residential use .

The Senate amended the Committee's recommendation by transferring all

except trust-fund responsibilities back to the BIA (with associated

funding)-leaving a net reduction in TPA of $209 .8 million from the House

recommendation-, by restoring the IACB (with $962,000), and by amending the

Washington State tribes provision to require agreements on such matters within

90 days after enactment of the bill . After Senate passage of the Interior

appropriations bill, the BIA announced it anticipated layoffs of about onequarter of its employees (about one-half of its non-education employees), and

tribal representatives said the cuts in TPA would make tribal self-governance

far more difficult. Supporters of the cuts pointed to support for Indian health

and BIA education funding and said tribes had other sources of income that they

could tap .

The first House-Senate conference committee restored $87 .2 million of the

Senate's TPA reduction (bringing TPA funding to $629 .2 million), agreed to the

IACB funding, reduced some Senate restorations of construction and economic

development funds, and retained the provision regarding Washington State

tribes and utilities access . The third House-Senate conference committee

restored an additional $25 million to TPA, bringing the TPA total to $654 .2

million . Certain of the continuing appropriations acts assured BIA General

Assistance-welfare and foster care-payments (P .L . 104-92) and BIA selfdetermination and self-governance activities (P .L . 104-91) through the end of

FY1996 . Actual BIA staff layoffs, buyouts, and eliminations totaled 2,262

positions, or about 18 percent of positions . P .L. 104-134 left most provisions

and the basic appropriations amounts unchanged from those in the third

conference report, but added supplemental appropriations of $500 .000 for BIA

operation of Indian programs and $16,500,000 for BIA construction .

Territorial and International Affairs

The Department of the Interior has primary federal responsibility for all

U .S . insular areas, except Puerto Rico . It provides funding for, among other

activities, territorial capital infrastructure improvements and various territorial

CRS-16

assistance programs, including technical assistance and maintenance assistance .

Until 1995, the Secretary's responsibilities related to the insular areas were

carried out by Interior's Office of Territorial and International Affairs (OTIA) .

At a March 1995 House hearing, OTIA's deputy director discussed a Department

proposal to eliminate OTIA and transfer insular functions to a new, smaller

office . In August, Interior implemented the reorganization plan, replacing OTIA

with a smaller Office of Insular Affairs (OIA) . Under the plan, the position of

assistant secretary for territorial and international affairs was eliminated . OIA

was placed within the office of the assistant secretary for program, management

and budget .

The House and Senate Budget Resolutions, which were reported prior to

the Interior reorganization, included recommendations on OTIA. The House

Resolution proposed the elimination of OTIA and most of its territorial

assistance programs . The Senate Resolution recommended abolishing OTIA and

distributing its functions to other agencies, in accordance with an earlier

Administration proposal .

In its report on the FY1996 Interior Appropriations bill (H .R. 1977), the

House Appropriations Committee endorsed the Administration's proposal to

abolish OTIA and replace it with a new OIA . The Committee recommended

$17 .4 million in funding for the new office and for territorial assistance

programs .

During consideration of H .R . 1977 on the House floor,

Representative Elton Gallegly, chairman of the Subcommittee on Native

American and Insular Affairs, offered an amendment to eliminate funding ($16 .8

million) for OTIA and most territorial assistance programs . The amendment

was approved by voice vote and was included in the final bill passed by the

House on July 18, 1995 .

The Senate Appropriations Committee, like its House counterpart,

recommended $17 .4 million for a new OIA and for territorial assistance . The

Senate report noted the Committee's disappointment that the House had

eliminated virtually all funding for OIA and its assistance programs . The

Senate approved the $17 .4 million in funding .

The Conference Report on H .R . 1977 (H .Rpt . 104-402, December 12. 1995)

included $14 .4 million for OIA and its territorial assistance programs . The

Omnibus Appropriations Act (P .L . 104-134) likewise provides $14 .4 million for

these purposes .

Another key issue in territorial appropriations is financial assistance to the

Commonwealth of the Northern Mariana Islands (CNMI) . Under current law,

the CNMI receives $27 .7 million annually . The President proposed to redirect

this funding. Under the President's plan, the CNMI would receive $6 .1 million

for each of fiscal years 1996 through 2001 . (The $21 .6 million reduction in

CNMI funding would be reallocated to other territories .) The Senate Budget

Resolution incorporated the President's proposed reduction in CNMI funding .

The House Budget Resolution recommended the termination of CNMI funding .

CRS-17

The issue of federal financial assistance to the CNMI is complicated by

congressional concern over commonwealth labor, immigration, and tax policies .

In addition, there is disagreement concerning the impact of the elimination of

federal aid . Some argue that federal financial assistance promotes dependency

and that, in its absence, the local government would find ways to raise

additional funds . Others believe, however, that federal aid is needed to help the

CNMI finance basic infrastructure improvements .

As explained in its report on H .R. 1977, the House Appropriations

Committee provided $27 .7 million for CNMI funding in the absence of

congressional action to change the allocation of this mandatory payment. H.R.

1977, as passed by the House, likewise provided for this funding .

The Senate Appropriations Committee included $27 .7 million for CNMI

funding. At the same time, the Committee added language from S . 638, which

passed the Senate on July 20 . 1995, to authorize the reallocation of the $27 .7

million CNMI grant. (S . 638, as passed by the Senate, would reallocate the

$27 .7 million differently than the President's proposal .) H .R. 1977, as passed

by the Senate, included $27 .7 million for CNMI funding and reallocation

provisions.

The Conference Report on H .R. 1977 revised language in the Senate bill to

reallocate the $27 .7 million CNMI payment . The Conference agreed that the

CNMI would receive an annual payment of $11 million for fiscal years 1996

through 2002 . The remaining funds would be made available to the Interior

Secretary for obligation for capital infrastructure projects and other specified

purposes in the territories . P.L. 104-134 includes these same provisions .

Departmental Offices: National Indian Gaming Commission

The National Indian Gaming Commission (NIGC) was established by the

Indian Gaming Regulatory Act of 1988 (P .L. 100-497) to oversee Indian tribal

regulation of tribal bingo and other "Class II" operations, as well as aspects of

the "Class III" games (casinos, racing, etc .). The NIGC receives Federal

appropriations but its budget authority consists chiefly of assessments on tribes'

Class II operations .

The House Budget Committee report on its version of the FY1996 budget

resolution would have required proceeds from gaming to cover fully the costs of

the Commission . The conference report on the budget resolution did not

mention the NIGC .

The House Appropriations Committee bill continued Federal appropriations

for the NIGC at the FY1995 level of $1 million . The House approved the

Committee's proposed NIGC funding .

The Senate Appropriations Committee bill agreed with the House bill but

added language directing the NIGC to study gaming tribes' compliance with the

CRS-18

Indian Gaming Regulatory Act (IGRA) . The Senate agreed to the Coin

recommendation .

ee's

The conference committee agreed to NIGC funding of $1 million and to the

Senate recommendation to study gaming tribes' IGRA compliance, with a revised

deadline . P .L. 104-134 provides the same level of funding as the conference

committee and includes the Senate's recommendation regarding IGRA

compliance .

Departmental Offices: Office of Special Trustee for American Indians

The Senate Appropriations Committee recommended the funding of the

Office of Special Trustee for American Indians in the Secretary of the Interior's

office, as authorized by Title III of the American Indian Trust Fund

Management Reform Act of 1994 (P .L . 103-412) . The Committee recommended

transferring from the BIA to the Office of Special Trustee the responsibility and

funding not only for BIA trust funds management, but also for all BIA natural

resources management programs, including natural resources construction and

claims settlements payments . A total of $410 million was provided for the Office

to carry out these responsibilities . The full Senate transferred all these

responsibilities back to the BIA from the Office of Special Trustee, except for

trust funds management . Funding for the Office was reduced to $16,338,000 .

The conference committee agreed to the Senate recommendation for Special

Trustee funding, but also agreed with the Senate Appropriations Committee

that further BIA trust asset management activities could be transferred to the

Special Trustee . In addition the conference committee directed the Special

Trustee to produce a detailed operating plan and to fund a multi-tribal trustfund monitoring association . P .L . 104-134 did not alter the conference

committee's amounts and language .

Title Ii : Related Agencies and Programs

Department of Agriculture: U.S. Forest Service

Forest Service Timber Sales . Timber sales from the national forests

have declined rapidly since FY1990, from 11 .1 billion board feet (BBF) to 3 .4

BBF in FY1994 . Many factors have been alleged as causes : lawsuits and administrative appeals ; the economy ; protection of threatened and endangered species ;

historic harvests at unsustainable levels ; ecosystem management ; and more .

Most of the allegations probably have some merit, and a variety of factors are

undoubtedly involved . The concern focuses on maintaining wood supply, particularly for communities with sawmills that depend on Federal timber, versus

maintaining the ecosystems that produce the wood and the amenity values that

various communities depend upon . Complicating the debate is that sales on

some forests generate less revenue than they cost to prepare and administer ;

addressing these "below-cost" sales has frustrated Congress and the Administration for more than a decade .

CRS-19

Forest health and salvage sales have been central to debate in the 104th

Congress . The poor health of western pine ecosystems is widely acknowledged,

but interests disagree over needed activities and likely costs . Salvage sales, to

remove dead, dying, and associated trees, is one tool that has been suggested,

and a provision to accelerate salvage sales and insulate them from most challenges was been included in rescissions law (P .L . 104-19), but no special salvage

sale provision was included in the appropriations bill .

Because of the timber industry's concerns that the Tongass Timber Reform

Act of 1990 and wildlife habitat protection areas have reduced timber sales,

Senate amendments to the Act directed the Forest Service to implement Alternative P from the 1990 draft land management plan and to not complete the

final plan . The conference modified these provisions, but on November 15, the

House voted to recommit H .R . 1977 to the conference, with instructions to

address the language concerning the Tongass National Forest . The conference

report added a new provision prohibiting implementation of proposed changes

in log export rules and regulations during the remainder of FY1996 . (Implementation of the proposed changes was delayed until January 1996 in the FY1996

Agriculture Appropriations Act, P .L. 104-37 .) The conference report was modified to direct the Forest Service to implement the current (1979) management

plan through FY1997, to maintain the allowable sale quantity and suitable

timber lands of Alternative P during that period, and to change the purchaser

of a timber sale without additional analysis or judicial review . This was further

modified by P .L . 104-134 to direct implementation of the current plan for 1 year,

and to provide a waiver to allow the President to suspend (i .e ., not implement)

these provisions . In addition, if the President suspends the provision (and he

did, following enactment), then $110 million is appropriated for the Southeast

Alaska Economic Disaster Fund, for direct grants to communities and boroughs

for FY1996-FY1999 .

Forest Roads . Building new roads in the national forests has been controversial for more than a decade . Some interests oppose road construction because

roads increase access to areas some wish to preserve in a pristine state, and

because roads are a principal source of erosion, stream sedimentation, and other

environmental degradation . Supporters note that access roads are needed for

timber harvesting and forest protection (e .g., from wildfire), and that roads can

be built without the attendant environmental problems . Road funding has declined by more than half since the 1980s . The House passed road construction

appropriations of $90 million (FY1995 appropriations were $98 million, the budget request was $103 million), while the Senate passed $102 million ; the conference agreed to $95 million for road construction . A House floor amendment to

prohibit road construction in roadless areas of 3,000 acres or more was defeated .

Land Acquisition . The Forest Service purchases lands for various reasons

(e .g., to eliminate inholdings, to improve access, to acquire lands valued for

recreation) . Appropriations have ranged from $62 to $89 million annually since

FY1991 . The congressional budget resolution recommended a moratorium on

Federal land purchases for at least the next 5 years . The House passed an appropriation of $14 .6 million for FY1996, down from $63 .9 million in FY1995, but

CRS-20

the Senate passed an appropriation of $41 .2 million ; the Senate also included

a provision requiring priority listing for agency land acquisition proposals . The

conference slightly increased the Senate appropriation for land acquisition .

International Forestry . The Forest Service has cooperated on forestry

matters with foreign governments for many years, although explicit authority

for such activities was not granted until 1990 . The first budget line item for

international forestry was in FY1994, with $7 million appropriated . The

Administration requested an increase to $10 million for FY1996 . However, the

budget resolution recommended terminating the international forestry program,

and the House and Senate both passed no funding for FY1996, although up to

$4 million can be used from other appropriations for international forestry

activities .

Department of Energy

Fossil Energy Research, Development, and Demonstration . The

Clinton Administration's FY1996 budget request for fossil fuel research and

development (R&D) represented a continuing realignment of its budget priorities

that began with the FY1994 budget request . Environmental issues, particularly

global climate change, drove the FY1996 budget request for significant increases

in natural gas R&D and for significant decreases in coal R&D . Clean coal

technology demonstration efforts (specifically, the Clean Coal Technology

Program), which were supported by the Reagan and Bush Administrations,

would be completed . Overall the proposal requested a 1 percent decrease from

the FY1995 appropriation for fossil energy. However, coal R&D would have

dropped 25 .6 percent while natural gas R&D would have increased 35 .5 percent,

fuel cells R&D 11 .9 percent and petroleum R&D 6 .2 percent .

This proposed shift in focus to natural gas was based on the current

outlook for fossil fuel availability and current prices, as well as environmental

advantage versus coal or petroleum . Critics questioned the extent to which

fossil fuel R&D should be based on current trends and a view of natural gas as

a "transition fuel" to non-fossil fuels . Questions with respect to the priority of

different fossil fuels and of fossil energy in general were intensified by the

FY1996 budget resolution, H .Con .Res . 67 . It assumed a reduction of almost 50%

in the energy account with "corporate technology subsidies" in fossil energy

research and development programs specifically mentioned for cuts (H .Rpt . 104159) . Following this rationale, the House Science Committee's DOE Civilian

Research and Development bill (H .R . 1816) would have reduced overall fossil

energy funding to $220 .1 million in FY1996, with coal R&D receiving $50

million .

In the appropriations process, the House Appropriations Committee rejected

many of the Administration's proposed new initiatives while providing slightly

more generous funding for coal R&D . The Committee's report (H .Rpt . 104-173)

announces the Committee's intention to seek reductions in fossil energy R&D

of 10% annually for each of the next four years . The Committee believed that

this approach would have permitted DOE to gradually phase down to a funding

CRS-21

level more in line with the recommendations of the authorizing committee . The

Committee's bill, H .R . 1977, recommended $384 .5 million for fossil energy R&D,

a reduction of about 13% from FY1995 levels . Coal R&D would receive $126 .2

million, a reduction of $14% from FY1995 levels ; natural gas R&D would receive

$60 .3 million, a reduction of 5% from FY1995 levels ; fuel cell R&D would receive

$53 .5 million, an increase of 12% from FY1995 levels ; and oil technology R&D

would receive $63 .8 million, a reduction of 17% from FY1995 levels . In floor

deliberations on H .R . 1977, an attempt by Representative Tiahrt to bring the

funding levels proposed in H .R . 1977 down to those recommended in H .R . 1816

failed on a 144-267 vote . However, an amendment by Representative Kleczka

to reduce funding for oil technology by $5 million was agreed to 251-160 .

The Senate Appropriations Committee reported out H .R . 1977 in July

(S .Rpt . 104-125) . The Senate Committee generally agreed with the House

Committee's phased-in reduction of fossil energy R&D efforts . The Committee's

bill recommended $376 .1 million for fossil energy R&D, compared with $379 .5

as passed by the House . Coal R&D would receive $113 .0 million, a reduction of

$13 .2 from the House-passed levels ; natural gas R&D would receive $66 .8

million, an increase of $6 .5 million from the House-passed levels ; fuel cell R&D

would receive $51 .5 million, a reduction of $2 million from the House-passed

levels ; and oil technology R&D would receive $55 .9 million, a reduction of $7 .9

million from the House-passed levels . These recommendations were agreed to

by the full Senate .

The conference report of H .R . 1977 was vetoed by the President, resulting

in the appropriations bill being rolled into the omnibus appropriations measure

(H .R. 3019) that was passed in April 1996, and signed by the President (P .L .

104-134) . The conference report on H .R . 3019 (H.Rpt. 104-537) recommends

$417 .0 million for fossil energy R&D . The larger number primarily results from

the transfer of certain mining-related activities previously conducted by the

Bureau of Mines to the fossil fuels R&D budget ($40 million) . With respect to

individual fuel accounts, Coal R&D receives $121 .3 million ; natural gas R&D

receives $59 .7 million ; fuel cell R&D receives $52 .5 million ; and oil technology

R&D receives $55 .7 million . Monies for former Bureau of Mines activities will

be accounted for under a new heading -- "Mining" .

Like the Administration, the conference report on the budget resolution

assumed that the Clean Coal Technology Program would be confined to existing

projects . P .L. 104-134 does not provide any new budget authority for the Clean

Coal Technology Program for FY1996 . However, it does permit DOE to use $18

million in previously appropriated funds for administrative purposes .

Fossil energy R&D policy reflects a perceived balance between the goals of

economic development, environmental protection, and national security . Since

the 1973 oil embargo, fossil energy R&D policy has undergone a number of

shifts in direction and philosophy -- some resulting from changes in

Administrations and market conditions in the United States ; other have been

dictated by events abroad (e .g ., embargoes) . Reductions of the magnitude being

proposed by the conference report on the budget resolution, the conference

CRS-22

report on H .R . 3019 and House Science Committees would suggest that a new

reassessment of fossil energy R&D policy and its assumed econom'

environmental, and national security goals may be in order .

Strategic Petroleum Reserve . Since suspension of oil acquisition for the

Strategic Petroleum Reserve (SPR), the program has largely been largely funded

using previously authorized, but unspent balances in the petroleum acquisition

account . The Administration proposed transfer of most of the remaining

balance of those unspent funds, and an additional $25 million in new authority

for total program spending in FY1996 of $313 million . Owing to development

of a sinkhole at the SPR storage site at Weeks Island, Louisiana, DOE also

requested authorization to generate $100 million of the $313 million from sale

of 7 million barrels of SPR oil . The proceeds would defray the cost of moving

oil from the site and decommissioning it . Critics of the proposal argued that

SPR oil was not intended, and should not be used, to generate offsetting

revenue, and that it would unwisely set a precedent for selling SPR oil to fund

SPR operations, or possibly other DOE programs . However, authority for the

sale was enacted in the Balanced Budget Downpayment Act, approved Jan . 26,

1996 (P .L . 104-99) .

Neither the House nor the Senate Appropriations

Committee approved the $25 million in new spending authority requested by the

Administration, agreeing to $187 million in new authority which--coupled with

the proceeds from sale of SPR oil--set total program spending at $287 million .

However, the final compromise on FYI 996 spending, the Balanced Budget Down

Payment Act, II (H .R . 3019, P .L . 104-134) authorized sale of an additional $227

million in SPR oil, intended to offset the restoration of funds to other programs

without changing overall spending. On April 29, 1996, the President announced

the immediate release of 12 million barrels of SPR oil to help blunt recent crude

and product price increases . Revenues from this sale will be applied to satisfy

the revenue target enacted in P .L . 101-134 .

Naval Petroleum Reserves . The Administration's FY1996 budget request

for the Naval Petroleum and Oil Shale Reserves assumed "corporatization" and

sale of the oil field at Elk Hills (NPR-1) . Both the House and Senate Budget

resolutions assumed the sale of the Naval Petroleum Reserves in 1996 .

Planning to operate the field in a "caretaker" status pending its sale in FY1997,

the Administration proposed a sharp cut for NPR-1 operations during FY1996

from $165 million to $78 million. Total program spending was estimated at $101

million . Concern was expressed whether production and proper maintenance of

Elk Hills could be supported at that level without risking diminishing the value

of the asset before a sale could be completed . The House restored $50 million

to the program . The Senate recommended a $35 million increase after agreeing

in committee to divert $15 million to another program, but the conferees settled

on $149 million, slightly less than the House recommendation . On October 31,

1995, the conference committee met again and reduced this level by $242 .000 .

As enacted in P .L . 101-134, total program spending for the NPR is nearly $148 .8

million .

Energy Efficiency . The primary debate is what level of Federal support

is justified for energy efficiency . Recalling the philosophy of the Reagan

CRS-23

Administration, the Cato Institute and others call for the elimination of DOE

and all energy efficiency programs . They argue that energy policy, and thus

energy efficiency policy, should derive from deregulated, open market functions

with minimum governmental intervention . They note that the nation has a

buoyant venture capital market more than able to fund promising new

technologies, renewable energy and energy efficiency prominent among them .

Subsidizing new technologies in this view is unnecessary and likely to create and

sustain technologies that will ultimately fail the test of the market .

In contrast, energy efficiency supporters argue that a number of factors tilt

the market unfairly against efficiency :

•

•

•

a history of federal R&D spending, tax subsidies, and other subsidies

that heavily favors energy supply technologies ;

State utility regulations that reward energy supply but not end-use

efficiency ;

fragmented markets and the complex ties of end-use consumer

behavior ;

and the failure of energy prices to capture public external costs of

energy security and pollution .

Supporters of energy efficiency contend that past efficiency gains supported

economic growth and that curbing energy demand helps to hold energy prices

down . Supporters also raise concerns about recently declining auto fuel

economy, rising oil imports, and increasing energy use generally .

The Clinton Administration has made energy efficiency its top priority

among energy options . The rationale for this commitment focuses on support

for near-term economic growth while enhancing energy security, reducing

pollution emissions, and increasing international competitiveness .

The

Administration's FY1996 DOE budget request reflected this priority by seeking

$891 million, a $120 million increase exclusively for R&D programs .

The Energy Efficiency Program funding levels in P .L . 104-134 are identical

to those in the Fall 1995 Conference Report (H .Rpt . 104-259), except that management is reduced by $100,000 . It includes $553 million total for FY1996, a

$199 million or 26% cut, which is the largest since FY1982, when the Reagan

Administration sought to close down the program . It includes $375 million for

R&D, a $66 million or 15% cut, and $171 million for technical and financial

assistance (TFA) programs, a 45% cut .

The law terminates the Utility

Integrated Resource Planning program (a $9 million cut), and the Federal

alternative fuel fleet purchase program (a $20 million cut) . Other major funding

cuts include $101 million or 47% cut for weatherization grants, $36 million cut

for programs supporting the Climate Change Action Plan (CCAP), $30 million

cut for programs supporting the Partnership for a New Generation of Vehicles

(PNGV), $29 million or 50% cut for State and institutional conservation grant

programs, $9 million cut for industrial waste minimization, and a $7 million cut

for codes and standards . Further, to accommodate an Administration-Congress

agreement, a small across-the-board FY1996 appropriation reduction is yet to

CRS-24

come . P .L . 104-134 also includes a moratorium on new energy efficiency

standards .

Department of Health and Human Services : Indian Health Service

The Indian Health Service (IHS) carries out the Federal responsibility of

assuring comprehensive preventive, curative, rehabilitative, and environmental

health services for approximately 1 .4 million American Indians and Alaska

Natives . The Administration's FY1996 budget requested $2 .06 billion for the

Indian Health Service ($1 .82 billion for services and $242 .7 million for health .

facilities), an increase of $96 million over the previous year . The Senate Budget

resolution assumed full funding while the House Budget resolution included

Indian Health in the new Native American Block grant in FY2000 . P .L . 104134, the Omnibus Consolidated Rescissions and Appropriations Act of 1996,

signed into law on April 26, 1996, provides $1 .97 billion for FY1996 for the

Indian Health Service ($1 .75 billion for services and $239 million for health

facilities), $24 million more that the FY1995 appropriation and $72 .2 million

less than the Administration's request. The conference agreement on H .R . 1977,

the FY1996 Department of Interior and Related Agencies appropriation bill

vetoed by President Clinton, had provided $1 .96 billion ($1 .723 billion for

services and $239 million for health facilities) .

The IHS service population bears a higher incidence of illness and

premature mortality than other U .S . populations, although the differences in

mortality rates have diminished in recent years in such areas as infant and

maternal mortality, as well as mortality associated with alcoholism, injuries,

tuberculosis, gastroenteritis, and other conditions .

Many IHS health care facilities which provide health care services are

reportedly in need of repair or replacement . Funding for the construction of

new facilities has decreased in recent years while funding for the provision of

health services has increased ; a priority list has been established for new

construction . The Administration's FY1996 budget request for IHS shows a

continued decrease in funding for the construction of new facilities . The request

for $242 .7 million for FY1996 is a decrease of $10 .6 million, or 4 .2 percent from

the FY1995 appropriation. P .L. 104-134 (H .R . 3019) provides $239 for health

care facilities, $14 .3 million less than had been provided in FY1995 .

Department of Education : Indian Education

The programs of the Office of Indian Education (OIE) in the Department

of Education provide supplemental aid to public school districts, State education

agencies, and BIA schools to benefit Indian students and adults . Among the

issues involved with OIE are the degree of overlap between its programs and the

BIA's smaller Johnson-O'Malley program, which also aids local school districts

with Indian children ; whether other Department of Education programs could

pick up OIE functions and programs ; and whether there is a need for special

Federal assistance for the 87 percent of Indian children who attend public non-

CRS-25

BIA schools . The FY1996 budget resolution, in the conference report, did not

address the OIE specifically .

The House Appropriations Committee's bill would have terminated OIE "to

reduce duplication, achieve savings, and fund priority reservation based school

operations ." The full House restored $52 .5 million for the largest OIE program,

which provides formula grants for supplemental programs to meet the special

needs of Indian students, chiefly to public school districts but also to BIAcontracted or -operated schools . Not funded were OIE programs for Indian

education improvement, professional development, adult education, research and

evaluation, and OIE administration, including the National Advisory Council on

Indian Education (NACIE) .

The Senate Appropriations Committee recommendation followed the House

bill in retaining the largest OIE program, but restored an additional $2 .16

million for OIE administration . NACIE, however, was not funded . The Senate

adopted the Committee recommendation, which totaled $54,660,000 for OIE .

The conference committee adopted the House recommendation of $52 .5

million for OIE, and excluded NACIE from funding . P .L. 104-134 provides the

same level of funding as the conference committee .

Office of Navajo and Hopi Indian Relocation

The Office of Navajo and Hopi Indian Relocation (ONHR) was recently

reauthorized for FY1995-1997, under P .L . 104-15, signed June 21, 1995 . The

1974 relocation legislation (P .L. 93-531, as amended) was the end result of a

dispute between the Hopi and Navajo tribes involving land originally set aside

by the Federal Government for a reservation in 1882 . Under the 1974 act, lands

were partitioned between the two tribes and members of one tribe who ended

up on the other tribe's land were to be relocated . Most relocates are Navajo .

A large majority of the 3,185 Navajo families on the land partitioned to the Hopi

have already relocated under the Act, but the Committee estimates that 721

Navajo families have yet to be relocated, including 95 families on Hopi

partitioned land (many of whom refuse to relocate) . Negotiations continue

among these families, the two tribes, and the Federal Government . The Hopi

Tribe has called for the forced relocation of families who refuse to move . The

Navajo Nation has called for a one-year moratorium on relocation . The FY1996

budget resolution and its committee reports did not mention ONHR .

The House Appropriations Committee's bill reduced ONHR appropriations

because of the slowing pace of relocation and because of relocates' apparent low

level of interest in moving on to new lands acquired for the Navajo reservation

for relocates use . While the Committee called on ONHR to explore termination

of the relocation program, it continued bill language that forbids ONHR to evict

any Navajo family from Hopi lands unless a replacement home is provided . This

language would appear to effectively prevent forced relocation of the Navajo

families on Hopi land for the time being, since ONHR has a large backlog of

CRS-26

other families that need homes . The Committee's proposed funding for

ONHR was accepted by the House .

e

The Senate Appropriations Committee recommended an additional

reduction of $1 million below the House bill in ONHR appropriations, to

$20,345,000 . The Senate agreed to the Committee's recommendation .

The conference committee agreed to the Senate recommendation

$20,345,000, and P .L . 104-134 did not alter this level of funding .

of

Other Related Agencies

One of the pervasive issues for the programs/agencies delineated below is

whether Federal government support for the arts and culture is an appropriate

Federal role, and if it is, what should be the shape of that support . If the

continued Federal role is not appropriate, might the Federal commitment be

scaled back such that greater private support or State support would be

encouraged? Each program has its own unique relationship to this overarching

issue .

Smithsonian

The Smithsonian Institution (SI) is a museum, education and research

complex of 16 museums and galleries and the National Zoo . Nine of its museums

and galleries are located on the Mall between the U .S . Capitol and the

Washington monument . The Smithsonian is approximately 77 percent federally

funded . A Federal commitment was established by initial legislation in 1846 . In

addition to receiving Federal appropriations, the Smithsonian has private trust

funds, which include endowments and donations .

In the light of budget constraints, there is considerable support for new

construction funding cuts particularly for construction of the National Museum

of the American Indian, with a total cost projection of $110 million . Opponents

of the new museum argue that the current SI museums need renovation and

repair, and maintenance of the collection with over 140 million items, more

than the public needs another museum on the Mall . Proponents feel that there

has been too long a delay in providing a museum "in Washington" to house the

Indian collection . The Smithsonian's final appropriation for FY 1996 restored

$15 million for the National Museum of the American Indian Cultural Resources

Center .

The final FY 1996 appropriation (P .L . 104-134) for the Smithsonian

included a $376 .1 million funding level for FY1996, ($311 .2 million for Salaries

and Expenses) an increase of $13 .4 million over the FY1995 amount . Part of

that increase included $3 million for voluntary employee separation incentives

or early "buy-outs ."

CRS-27

National Endowment for the Arts, National Endowment for the

Humanities, and Institute of Museum Services

One of the primary vehicles for Federal support for arts, humanities and

museums is the National Foundation on the Arts and the Humanities, composed

of the National Endowment for the Arts (NEA), the National Endowment for

the Humanities (NEH), and the Institute of Museum Services (IMS) . The

authorizing act, the National Foundation on the Arts and the Humanities Act

has expired, but has been operating on temporary authority through

appropriations law . The last reauthorization for the National Foundation on

the Arts and the Humanities was in 1990 .

Among the questions Congress is asking is whether funding for the arts,

humanities, and museums is an appropriate Federal role and responsibility . The

current climate of budget constraints raises questions about the need for such

support. Some argue that NEA and NEH be abolished altogether, contending

that the Federal Government should not be in the business of supporting

culture . They also argue that culture can and does flourish on its own through

private support . Proponents of Federal support for arts and humanities argue

that the Federal Government has a long tradition of such support, beginning

with congressional appropriation of funds for works of art to adorn the U .S.

Capitol in 1817. Some argue that abolishing or any significant reduction to

NEA, NEH and IMS will eliminate the programs that have national purposes

(such as touring theater and dance companies, radio and television shows, etc .)

The controversy involving charges of obscenity concerning a small number

of NEA grants still remains an issue despite attempts to resolve these problems

through statutory provisions . To date, no NEA projects have been judged

obscene by the courts . Some in Congress are calling for elimination of funding

for all grants to individual artists . The House reauthorization bill (H.R. 1557)

eliminates individual grants . The Senate reauthorization bill (S . 856), a five-year

extension, calls for termination of subgrants and elimination of grants to

individuals except for literature fellowships . The House-passed Interior

appropriations bill (H .R. 1977) had assumed early termination of NEA and NEH

within two and three years respectively at an appropriation level of $99 .494

million for FY1996 . The Senate-passed Interior appropriations bill would have

allowed $110 million for both NEA and NEH for FY1996 . The final

appropriation for FY 1996 (P.L . 104-134) will fund NEA at $99 .494 million and

to fund NEH at $110 million, with cuts of approximately 39 percent and 37%

respectively from the FY1995 appropriation . Language was removed that

sought early termination of the agencies and the provision was eliminated

requiring an authorization before funds could be appropriated . Language was

retained that would prohibit funding for projects that are sexually explicit and

that denigrate religious beliefs .

CRS-28

For Additional Reading

CRS Products

Title I: Department of the Interior

Changes in Federal Rangeland Management : Current Proposals. by Betsy A .

Cody . CRS Report 95-816 ENR . Updated August 30, 1995 . 34 p .

Department of the Interior Budget Request for FY1996 . by Alfred R .

Greenwood . CRS Report 95-301 ENR. February 24, 1995 . 34 p .

Endangered Species : Continuing Controversy . by M . Ly

Brief 95003 . Updated regularly .

e Corn. CRS Issue

Fish and Wildlife Service : Compensation to Local Governments . by M . Lynne

Corn . CRS Report 90-192 ENR. March 6, 1990 . 37 p .

Grazing Fees: Primer. by Betsy A . Cody. CRS Report 95-1 ENR . December 23,

1994 . 6 p.

Indian Issues in the Second Session of the 104th Congress . by Roger Walke .

CRS Report 96-168 GOV . February 23, 1996 . 6 p.

The Major Federal Land Management Agencies : Management of Our Nation's

Lands and Resources . Coordinated by Betsy A . Cody . CRS Report 95-599

ENR. May 15, 1995 . 45 p .

Mining Law Reform : the Impact of a Royalty . by Marc Humphries . CRS Report

94-438 ENR. May 12, 1994 . 14 p .

The National Biological Service . by M. Lynne Corn . CRS Report 95-746 ENR .

June 23, 1995 . 15 p .

U.S. Geological Survey : Its Mission and Its Future . by James E . Mielke . CRS

Report 95-145 SPR . March 2, 1995 . 6 p.

Indian Gaming Regulatory Act : Judicial and Administrative Interpretations . by

M. Maureen Murphy . CRS Report 93-793 A . September 7, 1993 . 28 p .

Title II: Related Agencies

Arts and Humanities : Funding and Reauthorization in the 104th Congress . by

Susan Boren . CRS Report 95-190 EPW . October 25, 1995 . 15 p.

Below-Cost Timber Sales : Overview . by Ross W . Gorte . CRS Report 95-15

ENR. December 24, 1994 . 20 p .

CRS-29

The Department of Energy's FY1996 Budget . Coordinated by Marc Humphries .

CRS Issue Brief 95043 . Updated regularly .

Energy Conservation and Electric Utilities : Developments and Issues in

Regulating Program Profitability . by Fred Sissine . CRS Report 90-275

SPR. May 21, 1990 . 25 p .

Forest Health : Overview . by Ross W. Gorte . CRS Report 95-548 ENR . April

28, 1995 . 5 p.

The Forest Service Budget : Trust Funds and Special Accounts . by Ross W .

Gorte and M . Lynne Corn. CRS Report 95-604 ENR . May 17, 1995 . 45 p.

Fossil Energy Research and Development, Whither Coal? by Larry B . Parker .

CRS Issue Brief 94020 . Updated regularly .

Health Care Fact Sheet : Indian Health Service . by Edward R . Klebe . CRS

Report 94-866 EPW. November 8, 1994 . 2 p.

Health Services for American Indians and Alaska Natives . by Edward R. Klebe

and Karen M . Judge . CRS Report 93-975 EPW . November 9, 1993 . 6 p.

Historic Preservation : Background and Funding . by Susan Boren . CRS Report

96-123 EPW. Updated regularly . 5 pages .

The Naval Petroleum Reserves : Proposed Sale and Issues . by Robert

Bamberger. CRS Report 95-293 ENR. May 5, 1995 . 5 pages .

Salvage Sales and Forest Health . by Ross W. Gorte . CRS Report 95-365 ENR .

March 10, 1995 . 5 p .

The Strategic Petroleum Reserve . by Robert Bamberger . CRS Issue Brief

1B87050. Updated regularly .

Other References

Report of the Joint TribalBIA/DOI Advisory Task Force on Reorganization of

the Bureau of Indian Affairs to the Secretary of the Interior and the

Appropriations Committees of the United States Congress . [Washington :

The Task Force] . August 1994 .

CRS-30

Appendix A

Department of the Interior and

Related Agencies Appropriations

(in thousands of dollars)

P .L . 104-134

H.R. 3019

H.Rpt.

104-537

P.L. 104-134

Compared to

FY1995

Enacted

1,050,491

1,105,955

6,950

702,817

603,864

645,831

-25,207

162,041

172,696

0

0

-162,041

National Park Service

1,387,329

1,490,122

1,319,337

1,367,667

-19,662

U .S . Geological Survey

571,462

586,369

730,503

732,163

160,701

Minerals Management Service

194,621

201,240

189,434

188,995

-5,626

Bureau of Mines e

152,427

132,507

64,000

64,000

-88,427

Office of Surface Mining

Reclamation and Enforcement

293,407

292,773

269,857

269,857

-23,550

Bureau of Indian Affairs

1,730,970

1,897,941

1,571,412

1,588,412

-142,558

Departmental Offices d

124,022

128,618

134,181

236,2424

112,220

6,507,897

855,935<

6

205

6,199,122

-308,775

Forest Service

2,803,602

2,416,539

2,166,579

2,363,173

-440,429

Department of Energy

1,265,887

1,416,775

1,179,411

1,179,156

-86,731

Clean Coal Technology

-337,879

-155,019

0

0

--

Fossil Energy

423,701

436,508

417,169

417,018

-6,683

-3,900

-2,400

-2,400

-2,400

'1,500

Naval Petroleum and Oil Shale Reserves

187,048

101,028

148,786

148,786

-38,262

Energy Conservation

755,751

907,561

537,293

537,189

-218,562

Economic Regulation

12,413

10,500

6,297

6,297

-6,116

Strategic Petroleum Reserve (SPR)

135,954

26,689

0

0

-135,954

Energy Information Administration

84,566

84,689

72,266

72,266

-12,300

1,963,062

2,059,022

1,986,800

1,986,800

23,738

Indian Education

81,341

84,785

52,500

52,500

-28,841

Office of Navajo and Hopi Indian

Relocation

24,888

26,345

20,345

20,345

-4,543

Institute of American Indian and

Alaska Native Culture and

Arts Development

11,213

19,846

5,500

5,500

-5,713

Smithsonian

362,706

407,450

376,092

376,092

13,386

National Gallery of Art

56,918

64,451

58,286

58,286

1,368

FY1995a

Enacted

FY1996

Request

Bureau of Land Management

1,099,005

1,156,682

U.S . Fish and Wildlife Service

671,038

National Biological Service b

Bureau or Agency

H.R.1977

H Rpt

104-402

Title I: Department of the Interior

:0

Title I

Title II: Related Agencies

Alternative Fuels Production

Indian Health

CRS-31

Appendix A

Department of the Interior and

Related Agencies Appropriations

(in thousands of dollars)

Bureau or Agency

FY19958

Enacted

FY1996

Request

H .R. 1977

H Rpt

104-402

P .L. 104-134

H .R . 3019

H .Rpt .

104-537

P .L . 104-134

Compared to

FY1995

Enacted

John F. Kennedy Center for

the Performing Arts

19,306

19,373

19,306

19,306

0

Woodrow Wilson International

Center for Scholars

8,878

10,070

5,840

5,840

-3,038

National Endowment for the Arts

162,358

172,400

99,494

99,494

-62,864

National Endowment for the Humanities

172,044

182,000

110,000

110,000

-62,044

Institute of Museum Services

28,715

29,800

21,000

21,000

-7,715

834

879

834

834

0

National Capital Arts and Cultural Affairs

7,500

6,941

6,000

6,000

-1,500

Advisory Council on Historic Preservation

2,947

3,063

2,500

2,500

-447

National Capital Planning Commission

5,655

6,000

5,090

5,090

-565

Franklin Delano Roosevelt

Memorial Commission

48

147

147

147

99

Pennsylvania Avenue

Development Corporation

6,822

6,876

0

0

-6,822

Holocaust Memorial Council

26,609

28,707

28,707

28,707

2,098

Commission of Fine Arts

o al, Title JI Related Agencies

otal, All Titles

7,01

3

13,519,230

6,961,469'

6,

1

6,340,770 :'.

-670,563 :'

13,817,404

12,164,636

12,539,892

-979,338 ;

a Incorporates the reductions included in the FY1995 Rescissions Bill H .R . 1944 (P .L. 104-19) .

b NBS was eliminated, and many of its functions were transferred to the USGS .

"For necessary expenses for the orderly closure of . . ." the specified agency.

d Functions of and funding for the Office of Territorial Affairs were transferred to Departmental Offices .

Source : U .S . House of Representatives and U .S . Senate, House-Senate Conference Report on H .R. 1977, House Report 104-402, an

House-Senate Conference Report on H.R . 3019, House Report 104-537 .

CRS-32

Appendix B

Department of the Interior and

Related Agencies Appropriations, H .R. 1977

(in thousands of dollars)

Bureau or Agency

House Bill

Conference Report

H .Rpt. 104-402

Senate Bill

Title I: Department of the nterior

Bureau of Land Management

1,055,463

1,048,335

1,050,491

U.S . Fish and Wildlife Service

568,938

603,650

603,864

0

145,965b

0

National Park Service

1,261,076

1,300,338

1,319,337

U S . Geological Survey

686,944

577,503

730,503

Minerals Management Service

192,996

188,609

189,434

Bureau of Mines

87,000°

128,007

64,000°

Office of Surface Mining

Reclamation and Enforcement

269,578

266,411

269,857

1,682,806

1,459,912

1,571,412

erritorial Affairs

81,923

93,126

90,126

epartmental Offices

113,466

134,181

134,181

! 6,000,190

5,946,037 :

6,023,205 : :

Forest Service

2,103,671

2,176,224

2,166,579

Department of Energy

1,154,586

1,143,589

1,179,411

0

0

0

379,524

376,181

417,169

-2,400

-2,400

-2,400

Naval Petroleum and Oil Shale Reserves

151,028

136,028

148,786

Energy Conservation

540,371

560,976

537,293

Economic Regulation

6,297

8,038

6,297

Emergency Preparedness

0

0

0

Strategic Petroleum Reserve (SPR)

0

0

0

Energy Information Administration

79,766

64,766

72,266

1,962,767

1,966,600

1,986,800

Indian Education

52,500

54,660

52,500

Office of Navajo and Hopi Indian Relocation

21,345

20,345

20,345

Institute of American Indian and

Alaska Native Culture and

Arts Development

5,500

5,500

5,500

Smithsonian

350,375

372,892

373,092

National Gallery of Art

56,815

59,229

58,286

National Biological Service a

Bureau of Indian Affairs

o al,

itle 1 .,

Title H : Related Agencies

Clean Coal Technology

Fossil Energy

Alternative Fuels Production

Indian Health

CRS-33

Appendix B

Department of the Interior and

Related Agencies Appropriations, H .R. 1977

(in thousands of dollars)

Bureau or Agency

House Bill

Conference Report

H.Rpt. 104-402

Senate Bill

John F . Kennedy Center for

the Performing Arts

18,783

19,306

19,306

Woodrow Wilson International

Center for Scholars

5,140

6,537

5,840

National Endowment for the Arts

99,494

110,000

99,494

National Endowment for the Humanities

99,494

21,000

110,000

110,000

21,000

21,000

834

834

834

National Capital Arts and Cultural Affairs

Advisory Council on Historic Preservation

6,000

6,000

6,000

1,000

2,500

2,500

National Capital Planning Commission

5,090

5,090

5,090

Franklin Delano Roosevelt

Memorial Commission

48

147

147

Pennsylvania Avenue

Development Corporation

2,000°

0

0

Holocaust Memorial Council

28,707

26,609

28,707

5,997,212

6,107,062

6,141,431

11,984,603

2,053,099

12,164,636

Institute of Museum Services

Commission of Fine Arts

o Tit e

: Re

Grand Total, All Titles

ge ie

a NBS was eliminated, and many of its functions were transferred to the USGS .

b The Senate Appropriations Committee recommended renaming the agency as the "Natural Resources Science Agency", published

in Senate Report 104-125 .

"For necessary expenses for the orderly closure of . . ." the specified agency.

Source : U .S . House of Representatives, Appropriations Committee, House Report 104-173 ; U.S . Senate, Appropriations Committee,

Senate Report 104-125 ; and House-Senate Conference Report on H .R. 1977, House Report 104-402 .

CRS-34

Appendix C

Department of the Interior and

Related Agencies Appropriations, H .R. 3019

(in thousands of dollars)

Bureau or Agency

House Bill

P.L . 104-134

Conference Report

H .Rpt . 104-537

Senate Bill

Title I: Department of the. Interior

Bureau of Land Management

1,049,581

1,054,255

1,105,955

U .S . Fish and Wildlife Service

612,091

605,021

645,831

National Biological Service a

0

0

0

National Park Service

1,332,700

1,322,941

1,367,667

U.S . Geological Survey

729,995

730,330

732,163

Minerals Management Service

188,779

189,211

188,995

Bureau of Mines b

64,000

64,000

64,000

Office of Surface Mining

Reclamation and Enforcement

269,857

269,857

269,857

Bureau of Indian Affairs

1,571,412

1,571,412

1,588,412

Departmental Offices °

131,915

133,410

236,242-

6,040,456

6,030,563

6,199,222

Forest Service

2,149,579

2,164,873

2,363,173

Department of Energy

1,179,029

1,179,281

1,179,156

0

0

0

416,943

417,092

417,018

-2,400

-2,400

-2,400

Naval Petroleum and Oil Shale Reserves

148,786

148,786

148,786

Energy Conservation

553,137

553,240

537,189

Economic Regulation

6,297

6,297

6,297

Strategic Petroleum Reserve (SPR)

0

0

0

Energy Information Administration

72,266

72,266

72,266

0

Title:

Title II: Related Agencies

Clean Coal Technology

Fossil Energy

Alternative Fuels Production

Indian Health

1,986,800

1,986,800

1,986,800

Indian Education

52,500

52,500

52,500

Office of Navajo and Hopi Indian Relocation

20,345

20,345

20,345

Institute of American Indian and

Alaska Native Culture and

Arts Development

5,500

5,500

5,500

Smithsonian

373,092

373,092

376,092

National Gallery of Art

58,286

58,286

58,286

CRS-35

Appendix C

Department of the Interior and

Related Agencies Appropriations, H .R. 3019

(in thousands of dollars)

Bureau or Agency

House Bill

P .L . 104-134

Conference Report

H.Rpt. 104-537

Senate Bill

John F . Kennedy Center for

the Performing Arts

19,306

19,306

19,306

Woodrow Wilson International

Center for Scholars

5,840

5,840

5,840

National Endowment for the Arts

99,494

99,494

99,494

National Endowment for the Humanities

110,000

110,000

110,000

Institute of Museum Services

21,000

21,000

21,000

834

834

834

National Capital Arts and Cultural Affairs

6,000

6,000

6,000

Advisory Council on Historic Preservation

2,500

2,500

2,500

National Capital Planning Commission

5,090

5,090

5,090

Franklin Delano Roosevelt

Memorial Commission

147

147

147

Pennsylvania Avenue

Development Corporation

0

-2,172

0

28,707

28,707

28,707

Commission of Fine Arts

Holocaust Memorial Council

Total, Title II : Related Agencies

6.124,049

Grand Total, All Titles

12,

05

6,13

3

6,340,770 ;

2, 6 ,9 6

2 - 9 92 ;

a NBS was eliminated, and many of its functions were transferred to the USGS .

b "For necessary expenses for the orderly closure of . . ." the specified agency .

° Functions of and funding for the Office of Territorial Affairs were transferred to Departmental Offices .

Source : U.S . House of Representatives and U .S . Senate, House-Senate Conference Report on H .R . 3019, House Report 104-537.

CRS-37

Appendix D

Department of the Interior and Related Agencies Appropriations

Historical Data from FY1990 to FY1995

Agency or Bureau

FY1990

FY1991

FY1992

FY1993

FY1994

1995

Enacted

1,155,383,000

910,012,000

1,010,046,000

1,028261,000

1,069,388,000

1.103.417,000

748,179,000

750,288,000

679,712,000

674,008,000

167,209,000

167,209,000

1,414,863,000

Department of the Interior

Bureau of Land Management

U .S. Fish and Wildlife Service

534,636,000

693,879,000

National Biological Survey

National Park Service

1,080,312,000

1,347,905,000

1,387,168,000

1,385,963,000

1,416,632,000

U .S . Geological Survey

484,402,000

570,692,000

562,619,000

578,187,000

584,585,000

672,556,000

Minerals Management Service

176,042,000

195,995,000

204,461,000

200,670,000

198,526,000

195,508,000

174,235,000

169,436,000

152,719,000

Bureau of Mines

178,443,000

181,227,000

174,464,000

Office of Surface Mining/Ree

295,500,000

309,801,000

298,984,000

300,836,000

301,849,000

293,968,000

1,777,653,000

1,750,288,000

Bureau of Indian Affairs

1,355,720,000

1,558,541,000

1,529,954,000

1,569.967,000

Territorial and Int'l Affairs

132,676,000

178,997,000

141,629,000

124,622,000

127,847,000

124,679,000

Departmental Offices

105,929,000

110,543,000

126,758,000

122,300,000

132,147,000

124,258,000

j 5,499,043,000

6,057,598,000

6,625,086,000

6,573,473,000 ;)

U .S . Forest Service

2,498,611,000

2,319,421,000

2,370,639,000

2,345,207,000

2,372,770,000

2,812,053,000

Department of Energy

1,364,629,000

895,786,000

1,330,952,000

808,318,000

1,471,261,000

1,322,746,000

1,942,859,000

1,966,819,000

83,500,000

83,500,000

for Department

o

I

6,204,262,000

1

369,000

f

Related Agencies

Indian Health

Indian Education

Office of Navajo and Hopi

Inst. of Amer. Indian and Alaska

Smithsonian

National Gallery of Art

JFK Center for Performing Arts

1,249,970,000

1,577,569,000

1,705,954,000

1,858 .419,000

73,620,000

75,365,000

76,570,000

80,583,000

36,422,000

33,572,000

25,842,000

24,698,000

26,936,000

24,936,000

4,305,000

5,447,000

6,512,000

9,312,000

12,563,000

11,213,000

266,693,000

326,117,000

331,837,000

344,273,000

342,149,000

371,804,000

41,956,000

49,520,000

52,127,000

54,719,000

54,739,000

57,434,000

9,118,000

21,039,000

22,656,000

20,629,000

20,629,000

19,306,000

9,878,000

4,639,000

5,047,000

5,744,000

6,252,000

6,362,000

National Endowment for the Arts

171,255,000

174,063,000

175,955,000

174,460,000

170,228,000

167,678,000

National Endowment Humanities

156,910,000

170,005,000

175,955,000

177,413,000

177,491

.000

177,383,000

22,675,000

25,864,000

26,999,000

28,454,000

28,777,000

28,770,000

509,000

634,000

722,000

791,000

805,000

834,000

7,500,000

7,500,000

W . Wilson Center for Scholars

Institute of Museum Services

Commission of Fine Arts

Nat . Cap . Arts and Cultural Aff.

5,427,000

6,217,000

7,000,000

7,000,000

Advisory Council on Hist . Preserv.

1,894,000

2,226,000

2,623,000

2,757,000

2,959,000

2,947,000

Nat . Cap . Planning Commission

3,090,000

3,430,000

4,775,000

5,750,000

5,868,000

5,655,000

FDR Memorial Commission

28,000

28,000

33,000

535,000

49,000

48,000

Penn Ave Development Corp .

5,625,000

12,107,000

7,933,300

14,078,000

14,220,000

6,822,000

10,866,000

21,268,000

21,679,000

26,660,000

5,964,587;000 (

6,763,354,000 j ...

Holocaust Memorial Council

Total for Related Agencies

an

o

0 All

e Die

2,297,000

7,614,000

5,910,555,00

5,688,952,000

(

11,

f

409,598,000 )

z Amounts reflect P .L . 103-332 before rescissions in P .L . 104-19 .

7,550,000

6,319,

8,000

12,523,400,000

;4

;956,

8;

0;

7,104,023,000

,65

52,540;000

I

CRS-39

Appendix E

Department of Interior and Related

Agencies FY1996 Appropriations (H .R . 1977)

Summary of the House-Senate Conference Report (House Report 104-259)

Agency Eliminations :

National Biological Service

Bureau of Mines

DOE/Emergency Preparedness

Pennsylvania Avenue Development Corporation

Program Eliminations :

National Park Service :

Urban park and recreation fund

State grants/land and water conservation fund

Office of Surface Mining :

Rural abandoned mine program (RAMP)

Bureau of Indian Affairs :

Indian direct loan program

Navajo rehabilitation trust fund

Department of Energy/Fossil Energy:

Advanced computational technology initiative

Coalbed methane program

Planar solid oxide fuel cells program

Mild gasification process development unit

Gasifier improvement facility

Department of Energy/Energy Conservation :

Advanced absorption fluids

Microcogeneration

Appliance development and commercialization

Federal energy efficiency fund

Cool communities

Training for commercial building operators

Pressure calciner project

CRS-40

High temperature fibers commercialization

Development of coatings using biomimetic processing

Advanced fluid catalytic cracker

Pulse combustion black liquor gasification process

Food, textiles and agriculture program

Grants to industrial associations

Industrial assessments; Industrial technology strategic plan

CNG adsorbent systems and tank design

Federal fleet vehicle acquisitions (eliminate central DOE fund)

Collaborative effort with DOT on crash behavior

Automotive piston technologies

Locomotive fuel cell program

Fuel cells for buses

Integrated resource planning

National Biological Service Elimination

•

The National Biological Service has been eliminated . Core natural

resource research activities relating to federal lands have been moved

into the U.S. Geological Service . Funding level for these activities is

$137 million .

•

Funding for this research is substantially reduced : recommended 1996

funding is 15% below the 1995 level and 20% below the request . The

overall cut is $36 million below the request and $25 million below the

1995 enacted level.

•

No activities have been funded that are not authorized . Cooperative

research units have been sustained .

•

The Service is directed to set guidelines to ensure that scientific and

technical peer review is utilized as fully as possible in the selection of

projects for funding to ensure the validity and reliability of research

and data collection .

•

Private lando ner concerns have been addressed by prohibiting new

surveys on private property without landowner permission .

•

The National Academy of Sciences is to review activities and report to

Congress every 5 years .

Native American Program Highlights

Bureau of Indian Affairs

•

The conference agreement provides $1 .56 billion for the BIA which is

approximately $170 million below the 1995 funding level .

CRS- 4 1

•

The conferees did restore $87 million above the Senate funding level

for Tribal Priority Allocations . However, this still represents the

single largest difference in any bureau in the Department of the

Interior . The Administration has indicated that restoring BIA funding

is their top priority for the Interior bill, and represents a major veto

issue .

•

The conferees propose funding for the BIA reservation-based education

system at $2 million above the 1995 funding level .

BIA construction is $3 million above the House and $6 million below

the Senate level .

Indian Education

•

To reduce duplication, fund core school operations within the Bureau

of Indian Affairs, and achieve savings in FY 1996, the programs

administered by the Office of Indian Education in the Department of

Education are reduced by $29 million . These funds go primarily to

local school districts, not directly to tribes .

Indian Health Service

•

The Indian Health Service is funded at about the 1995 level .

•

Funds are provided for staffing three new health care facilities that

are opening in 1995 and 1996 .

•

IHS construction is reduced by 6% below the 1995 level . This funding

level still accommodates completion of two health care facilities, one

in Montana and one in Minnesota .

Territorial and International Affairs

The Senate has agreed to a compromise agreement that would be supported

by all of the territorial governments and the Administration . In addition, it

addresses Defense Department concerns that the Office of Insular Affairs and

technical assistance programs not be terminated . This compromise package will :

•

Reallocate $27 .7 million in Commonwealth of the Northern Mariana

Islands mandatory funding to provide $11 million annually for 7 years

for a total of $77 million to the CNMI . Provide $4 .58 million to Guam

for Compact Impact for the next six fiscal years . Provide American

Samoa $7 .7 million for capital improvement projects and the remaining

$4 .4 million for the Rongelap resettlement .

•

Restore funding, at a reduced level, for the Office of Insular

Affairs/technical assistance programs (+$14 million) .

CRS-42

Other Bureaus and A ncies

B eau of Land Management

•

Overall funding level is 5% below 1995, a reduction of $50 million .

Priority has been given to maintain fundamental field-level

management activities .

Fish and Wildlife Service

•

Overall funding level is about 12% below 1995, a reduction of $67

million .

•

The Service is prohibited from listing additional species as threatened

or endangered and from designating additional critical habitat . Funds

are included for delisting, downlisting, implementation of the 4(d) rule,

cooperative conservation agreements, and consultation and recovery .

•

Funding levels maintain refuge operations at the 1995 level .

National Park Service

•

While the total funding level for the NPS is 5% below the 1995

enacted level, the operations account is maintained at the 1995 level .

This level should ensure that no park units will be closed .

•

Reductions were taken from land acquisition, construction, statutory

aid and grants programs .

U.S . Geological Survey

•

Funding for the basic programs of the USGS is provided at about the

1995 level .

•

Four million is included for university earthquake research . The

House had zeroed this out . This is the amount recommended by the

Senate : a 50% reduction to current funding .

•

Funding for natural resources sciences research (formerly in the

National Biological Survey) will be included in the USGS as proposed

by the House . The funding level is $137 million.

•

Funding for minerals information activities formerly conducted by the

Bureau of Mines is also included in USGS ($16 million) .

Bureau of Mines

•

The House proposed elimination of this bureau and provided $87

million for closure costs . The Senate proposed continuation with $128

CRS-43

million . The conference agreement includes $122 million which

transfers major functions -- health and safety research in DOE ($3 5

million), materials partnerships in DOE ($5 million), Alaska mineral

assessments in BLM ($2 million) and minerals information in USGS

($16 million) -- and provides $64 million to close out other functions .

USDA Forest Service

•

Total funding is $637 million below 1995 and $250 million below the

budget request . Priority is placed on maintaining National Forest

System operations, which are cut 5% below 1995 .

•

Provides a modest increase for the timber sales program to offer 2 .6

billion board feet of green timber . The emergency salvage timber sales

program requires a volume of 3 .0 BBF in 1996 .

•

Maintains the current level of funding for the Pacific Northwest forest

plan .

•

Reduces research branch funding by 8% and cooperative forestry by

18%.

•

Facilities construction is reduced by 29% and land acquisi

36%.

Department of Energy

•

Department of Energy programs are reduced by 10% from the 1995

level and 19% below the budget request .

•

The funding for Fossil Energy research is between the House and

Senate numbers and Energy Conservation funding is below both the

House and Senate levels .

Fossil Energy research and development is reduced by over 10% from

the 1995 level and continued reductions of 10% a year for each of the

next 4 years are expected . This will allow for the downsizing and

orderly completion of programs in which we have invested multimillions in funding over the past few years (fuel cells, turbines, low

emission boilers etc.).

•

There are no differences between the House and Senate on the

Strategic Petroleum Reserve . We are no longer filling the SPR . SPR

will be operated in fiscal year 1996 by using $176 million in funds

originally appropriated for oil acquisition and $100 million from the

sale of a portion of the Weeks Island, LA which needs to be

decommissioned because of a water intrusion problem .

•

The conference will restore a large portion of the Senate cuts to oil

processing and downstream research .

CRS-44

•

The Weatherization Assistance Program funding is halfway between

the House and Senate numbers for a total of $124 million (as

compared with $215 million in 1995) .

•

The Senate standards moratorium language will be adopted instead of

the House language and the program will be cut by an additional $3

million (rather than an additional $12 million cut in the House

language) .

•

Cooperative research and development funding (Wyoming and North

Dakota) will be funded at the Senate level of $6 million . The House

had eliminated this program .

•

Both House and Senate budget resolutions assume sale of the Naval

Petroleum and Oil Shale Reserves . In the meantime, spending was

reduced 21% by the conferees, not as severe a cut as the

Administration proposed.

Arts, Humanities, and Museums

National Endowment for the Arts and Humanities

•

Funding for the National Endowment for the Arts is recommended at

$99 .5 million, 39% below the 1995 enacted level .

•

Funding for the National Endowment for the Humanities is

recommended at $110 million, 37% below the 1995 enacted level .

Funding for the Institute of Museum Services is $21 million which is

27% below the 1995 enacted level .

•

Bill Language -- The appropriation for the NEA is not contingent

upon passage of a reauthorization bill . Such a provision which would

have effectively zeroed out the agency beginning October 1st .

•

House Report Language -- The issue of a future phase-out for NEA is

addressed by including language in the Conference Report noting that

the House continues to support termination of NEA in two years, and

funding will not be provided beyond 1997 . The Senate disagrees with

this position . This issue is expected to be settled by the legislative

committees in the House and Senate .

Kennedy Center

•

House agreed to the slightly higher Senate funding which maintains

1995 level .

CRS-45

Smithsonian

•

Basic operating funds are reduced 1 .8% from the 1995 levels .

•

The conference agreement includes major increases for the

Smithsonian accounts including the Senate higher number for the

Repair and Restoration account +$9 million, Zoo construction

+$250,000 and the major construction account +$15 million which

includes funds to continue construction of the National Museum of the

American Indian Suitland facility .

Land Acquisition

•

The Land and Water Conservation Fund account is funded at $140

million, which is higher than both the House and Senate levels but a

reduction of $96 million below the 1995 funding level .

•

The appropriation for purchase of new federal lands was reduced 40%

from the 1995 level . This results n a savings of $95 mi

•

Land and Water Conservation Funds are appropriated only for highest

priority and emergency situations with purchase of willing-seller

properties by : Bureau of Land Management, Fish and Wildlife Service,

National Park Service, Forest Service .

No specific land acquisition projects are earmarked . Agencies must

receive Congressional approval before completing purchases .

•

Funding for the acquisition management staff was reduced by 15% ;

remaining staff will complete projects from previous years and work

on land exchanges that simplify ownership patterns and reduce the

cost of land management.

•

The Secretary of the Interior is also granted authority in bill language

to transfer the funds within the Department of Interior to fund

projects on a priority basis among the three Interior bureaus (BLM,

FWS, NPS) .

Recreational Fee Demonstration Program

•

The conference agrees to the Senate version, with modification, which

extends the number of demonstration sites from 30 to 50 per agency,

and extends the time period from one to three years . This program

allows the four land managing agencies (National Park Service,

Bureau of Land Management, U .S . Fish and Wildlife Service, and the

Forest Service) to charge :r?r market fees and utilize the funds at the

collection site rather than, eturning the funds to the general treasury .

CRS-46

Presently there are various restrictions over the use of user fees for

on-site work .

•

There is a tremendous backlog of operation, habitat enhancement, and

construction needs at our parks, public lands, forests, and refuges that

have gone unmet, while at the same time visits by the American public

continue to rise . The public is more than willing to pay a small fee

when they visit the Nation's public lands as long as they know that

their money will be used to improve the quality of the sites they

utilize . This demonstration program will test a variety of new fee

collection methods, provide incentives for partnerships among the

agencies, business and local interest groups, and fund important work

that will enhance recreational experiences of the American public .

In brief the program would :

direct each agency to establish 10-50 demonstration sites where broad

fee authorities are established ;

•

provide that a variety of fee collection and fair market valuation

methods should be tested ;

•

allow 80% of the fees collected in each area to be used at that area ;

funds are to be used for direct costs of operation and maintenance

such as signage, habitat and access enhancement, law enforcement,

etc . ;

•

set aside 20% of the fees to go into an agency account to be used

agency-wide for priority backlogged recreational safety and health

projects ; and

•

direct that reports be submitted to the Congress on the effectiveness

of the pilots .

Source : U .S . House of Representatives . Appropriations Committee . Interior

and Related Agencies Subcommittee . September 21, 1995 .

CRS- 4 7

Appendix F

Summary of Major Differences Between

the House and Senate FY1996 Budget Resolutions for the

Department of the Interior and Related Agencies

Senate-Passed

House-Passed

Energy

Terminate the Department of Energy . DOE is

one of three Cabinet-level Departments

proposed for termination .

No comparable assumption .

Sell the naval petroleum reserves in 1996 .

Reduces discretionary spending by $0 .7 billion

in BA and $0 .6 billion in outlays over five

years .

Sell the naval petroleum reserves in 1996 .

Reduces discretionary outlays by an identical

amount .

Eliminate further funding for the clean coal

technology program . Program is terminated

after projects are completed that are now under

way . Saves $35 million over five years and

$298 million over seven years .

Similar to the House-passed assumption . Saves

$35 million over five years and $298 million

over seven years .

Reduce energy conservation R&D (but not

financial and technical assistance programs)

Merge institutional conservation grant

programs in the State program . Saves $1 .5

billion over five years and $2 .4 billion over

seven years.

Phase in a 50 percent reduction in fossil,

conservation, and energy supply R&D

commercialization activities . Fund solar,

renewable, and conservation at levels that are

more than 50 percent above 1990 levels . Saves

$3 .0 billion over five years .

Reduce energy supply R&D and fossil energy

R&D . Apply six criteria outlined in the

committee report . Saves $5 .2 billion in outlays

over five years and $8 .2 billion in outlays over

seven years .

Phase in a 50 percent reduction in fossil,

conservation, and energy supply R&D

commercialization activities . Fund solar,

renewable, and conservation at levels that are

more than 50 percent above 1990 levels . Saves

$3 .0 billion over five years .

Eliminate bureaucracy at DOE . Cut

Departmental Administration 10 percent . Cut

Energy Information Administration 50 percent .

Saves $381 million over five years and $549

million over seven years .

Consolidate, streamline, and realign DOE

activities . Saves $1 .4 billion over five years .

CRS-48

Appendix F

Summary of Major Differences Between

the House and Senate FY1996 Budget Resolutions for the

Department of the Interior and Related Agencies

House-Passed

Senate-Passed

Natural Resources and Environment

Eliminate unneeded bureaucracy within the

Department of the Interior . Saves $144 million

over five years and $206 million over seven

ea

Uns cified .

Reform minerals related agencies within the

Department of the Interior . Reduce USBM

funding for near-term development of specific

products and technologies Saves $237 million

over five years and $406 million over seven

years . Within the Office of Surface Mining

Reclamation and Enforcement, reduces funding

for Federal regulatory programs by 66 percent

and general administration by 30 percent ; also

reduces the abandoned mine reclamation fund .

Saves $238 million over five years and $351

million over seven years . Within the U.S .

Geological Survey, assumes greater contracting

out, appropriate data gathering and reductions

in specific programs . Saves $564 million over

five years and $792 million over seven years .

Reform hardrock mining .

Unspecified .

Dissolve the National Biological Service, Saves

$326 million over five years and $480 million

over seven years.

Similar proposal .

Reform the various land management agencies .

These reforms would permit a 10 percent

reduction in the budget of the National Park

Service, saving $506 million over five years and

$721 million over seven years . Reduces

National Recreation and Preservation, saving

$21 million over five years and $30 million over

seven years. Reduce forestry resources and

management research by 50 percent ; and

eliminate ecosystems research, saving $211

million over five years and $301 million over

seven years . Terminate the forestry incentives

plan and international forestry, saving $57

million over five years and $83 million over

seven years . Reduce specific activities within

the BLM, saving $543 million over five years

and $746 million over seven years. Terminate

funding for the Urban Park and Recreation

Fund .

Assumes a 10 percent reduction in the

operating budgets of the Forest Service, the

National Park Service, the Fish and Wildlife

Service, and the Bureau of Land Management .

Terminate the forestry incentives program,

urban park and recreation fund, international

forestry, and the advisory council on historic

preservation .

CRS- 4 9

Appendix F

Summary of Major Differences Between

the House and Senate FY1996 Budget Resolutions for the

Department of the Interior and Related Agencies

Senate-Passed

House-Passed

Implements a land moratorium on the Forest

Service, the Fish and Wildlife Service, the

National Park Service, and the BLM . Saves

$930 million over five years and $1 .4 billion

over seven years .

U

ified .

Impose a 50 percent reduction in construction

for the Forest Service, the National Park

Service, the BLM, and the Fish and Wildlife

Service . Saves $561 million over five years and

$885 million over seven years . Eliminates

funding for the construction of trails within the

National Forest Service, saving $144 million

over five years and $208 million over seven

e

Unspecified .

Community and Regional Development

Create a new Native American block grant by

reorganizing the Operation of Indian Programs,

reducing construction funding by 20 percent,

terminating technical assistance of Indian

enterprises, eliminating Indian direct loans,

and reducing by 10 percent Indian guaranteed

loans . Saves $948 million over five years and

$1 .36 billion over seven years .

Terminate the PA Avenue Development Corp .

Saves $20 million over five years and $33

million over seven years.

o

ssumption .

Terminates the PA Development Corporation,

the National Capitol Planning Commission,

and the Commission on Fine Arts .

Education, Training, Employment, and Social Services

Assumes termination of funding for the

National Endowment for the Arts and the

National Endowment for the Humanities .

Saves $1 .4 billion over five years and $2 .1

billion over seven years.

Assumes a funding reduction of 50 percent for

the National Endowment for the Arts and the

National Endowment for the Humanities .

Assumes termination of funding for the

Woodrow Wilson International Center. Saves

$45 million over five years and $65 million over

seven years.

No comparable assumption .

Assumes termination of funding for the

National Capitol Arts and National Affairs .

Saves $38 million over five years and $53

million over seven years .

No comparable assumption .

CRS- 5 0

Appendix F

Summary of Major Differences Between

the House and Senate FY1996 Budget Resolutions for the

Department of the Interior and Related Agencies

House-Passed

Senate-Passed

General Government

(M) Require the proceeds from gaming to fully

cover the costs of the National Indian Gaming

Commission . Saves $5 million over five years

and $7 million over seven years .

No comparable assumption .

(M) Reduce grants for the Northern Mariana

Islands and increase funding for American

Samoa . Costs $30 million over five years and

$42 million over seven years .

No comparable assumption .

Eliminate all territorial assistance, eliminate

the Trust Territory of the Pacific Islands, and

accept the President's proposal for the Compact

of Free Association . Saves $395 million over

five years and $557 million over seven years .

Eliminate the office of Territorial and

International Affairs and reorganize these

activities as proposed by the President . Saves

$300 million in outlays over seven years .

Health

Includes Indian Health and Indian Health

Facilities in the new American Block Grant in

2000 . Saves $322 million over seven years .

2002 in conjunction with Native American

Block Grant in Function 450 . Seven year

savings $342 million .

Indian Health - assumes full funding and gives

priority consideration for ongoing federal

support .

Source: FY1996 Budget Resolution: Conference Background . Prepared by the Majority Staffs, Senate

and House Committees on the Budget . June 1995 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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