DEPARTMENT OF EDUCATION - Excerpt from, Public Law 100-446, Department of the Interior and Rela

0FF'ICE OF ELEMENTARY AND SECONDARY EDUCATION INDIAN EDUCATION

For necessary expenses to carry out, to the extent not otl?-erwise provided, the Indian Education Act, as arnended by Public Law

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] bl pu. ^u f\or ob · ^ti n u .. ^_^.~

~AJ

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ATI

or n , ry ^·^,p n of tb jo nd opi lndi ¹ ¹ ⁾ ^, i, n

~· ¹¹ n i

ion

uthoriz d by Public L w ~; -5: 1, _7; '2' • ^t r rn in , v, iJ 1 until xp nd d. for op r tin 'P n of I

on1mi ion: Pro id d, Th,

t

non of h fund on· in d in hi r

.11y oth r Act m ^y be ^U^' d o vi ^t ny ingl N ajo or jo

family wl1o _ of Nov ,mb r · 0, 19 5, w s phy i Jly don1i il d n th 1 nds p .rtition d to the Hopi Trib unl · n ^w orr pl m n hom is provid d £or such hous hold: Pro id d furth r ^Th ^. ^no r · loc tee will be provid d wi h mor th n on ^n.^~ewor r pl c ^m^~ n hom : Provided further, Th ^t th · Commi ion h 11 r lo n

C· rtifi d eligible r locat s wh.o hav l c d and r c i ^I d n p- proved homesite on th ·- ·avajo r rvation or ^I 1 c d r plac - ment r sidence off the Nav

uo

^{r s rv}^· ^tion ^{or on} ^th ^. ^land ^·^cquir ^d

pursu

^nt

to 25 U.S.C.

^640d-10.

INSTITUTE OF AMERICAN INDIA.N AND ALASKA ^NATIVE ^Cu~·ruRE^AND

ARTS DEVELOPMENT

SALARIES AND EXPENSES

For necessary xpenses of the Institute of American Indi n and Alaska Native Culture and Arts Development as auth.orized by Public Law

99-498, $3,094,000 for payment to

the

Institute

^ofAmer-

ican Indian and Alaska Native ~Cultu.re and Arts Development to carry out the provisions of Public Law 99-498, as amended (20 ^U.S.^~C.

56., Part ), of which not to exceed

$250,00

for Fed ral matching contributi ns shall be pai~d to the Institute endowm~ent fund.

Section

1513

^{of th·}^e Higher Education Amendm~ents of 1986 (20 U

.S.C. 4420)

^is^amen^~ded-

(1) by striking out "The Institute" and inserting in li u thereof"

a)

TAX ^STATUS^.^.

The Institute",

(2) by inserting u; TORT LIABILITY, ^afterllSTATUS" in tb

section heading, and

(3) by adding at the ~end thereof the following nev-r subsection.:

"(b) TORT LIABILITY.·-·

laim . ' ¹'(1) The Institute shall be subject to liability relating to tort claitns only to the extent a Federal agency is subject to ucb liability under chapter 171 of title 28, United

States

^Code.

u(2) For purposes of chapter 171 of titl~e 28, United States Code, the Institute shall be treated as a Federal agency (within

the meanin,g of section 2671 of su~ch title).

"(3) For purposes of chapter 171 of title 28. United .States Code, the President of the Institute s·hall be deemed the head of

the Agency.".

PUBLIC LAW 100-446 SEPT. 27 , 19 88 102 STAT. 1819

• NIAN INS'I1TUTION SAI.ARI&S AND EXPENSES

For n expenses of the Srnithsonian Institution as authorized by law, including research in the fields of art scie~ce and history; development, preservation, and docnrnentati~n of th~ Na- tional ~llections; P.resen!atioll: of J?Ublic exhibits and perfo1·rnances;

collection, preparation, du:;.sernination, and exchange of info1·rnation and publications; conduct of education, training, and mnset1rn assistance prograrns; maintenance, alteration, operation, lease (for tertns not to exceed ten years), and protection of buildings, facilities, and ap roaches; not to exceed

$100,000

for services as authorized by

5

U . . C.

3109;

up ^to 5 replacement passenger vehicles; purchase

ren~, repair, and cleaning of unifot·rns for employees;

$211,240,000:

of which not ^toexceed

$1,206,000

for the instrumentation progratn shall remain available tlntil e nded and, including such fundS as

ma be n ^to support erican overseas research centers

an a total of

$125,000

for the Council of American Overseas Re-

search {jenters: Provided That funds appropriated herein are available for advance payrnents ^to independent contractors perforrning research services or participating in official Srnithsonian presentations.

CONSTRUCI'ION AND IMPROVEMENTS, NATIONAL ZOOLOGICAL PARK

For ⁿ expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, by contract or otherwise,

$5,305,000,

to remain available until expended.

RESTORATION AND RENOVATION OF BUILDINGS

For n expenses of restoration and renovation of buildings owned or occupied by the Srnithsonian Institution, by contract or otherwise, as authorized by section

2

of the Act of August

22, 1949

(63 Stat.

623),

including not ^to exceed

$10,000

for setvices as authorized by

5 U.S.C. 3109, $20,735,000,

to remain available until

expended: Provided, That contracts awarded for environrnental sys- ^Coⁿ^t^r^ac^ts^. tetns, protection systerns, and exterior repair or restoration of build-

ings of the Srnithsonian Institution may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.

CONSTRUCI'ION

For- nee expenses for construction,

$8,655,000,

to remain available until expended: Provided, That notwithstanding any other provison of law, the Institution is authorized to transfer to the State of Arizona, the counties of Santa Cruz and/or Pima, a surn not to exceed

$150,000

for the ptll"pose of assisting in the construction or

maintenance of an access to the Whipple Observatory.

NATIONAL GAIJ,ERY OF

ART

S AND EXPENSKS

For the upkeep and operations of the Natio!lal Gallery

?f.Art,

^~he

protection and care of the works of art therem, and adn1Jn1strative

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on tr ct .

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t. , · l ., n1 r

d I u.

ⁱ ⁿ ^f

( ut. ^li ^~ u ⁱ n ^~ ^~ • in lud · r -

i ^I u h ri2 d · , F . . 'm n in d·. , , ^Vrlh n

, u t · ri2 d by h · r . ur r of l~ r f r rn n h.i ^p in ^lj^..

br ry, n Û^' ûn1 ^·nd , rt Î i~ ·ion ôr ¹^' ¹ wh publi ti n r r - i . Î r ^r ^. il .bl m ^Rl^{l -}r only Î r ' m ^Dl Î

I ·. r t h n h

n

r l pubJj ; pur h _ • r p _ir, nd cl ni11 f

uni~ rm ^~or ^u .rds, nd ^uniform or ^liow ¹¹ ^·^·^t1 r ^~ r, ^~ r ot r

n1pl . uthoriz d by law ,5 U . . F"Ol-F, 02; pur h ^I ^• r

r n ^{t _}l of d . v · s nd rvio . for pro till buildin nd cot ¹¹¹^· h r of nd n1 in -n nee, 1 r .. ion, improv m nt, · nd r p . ir of buildin · , pproach s, nd ground· ; nd pur h, of s rvi ~or

r tor tion · nd ^rep ^{ir of}^works of ^a

. - t

^for th N ^tion^' 1 · 11 ^ry ^of Art by contr cts m· de, without dv rti .in . i h indiv'idu~ 1 • firm ., or or n:iv.a.tio11S at s uch r

te

or prices nd und r such . rm , nd conditions s the Gallery m de m proper,

$.

⁷^.~ ^1,0(0, includin

$..,,· 70,000 forth sp cial . xhi ition progr m, of whjch not to ^xc

2, 20,000 for the special xhibition ^{progr m} ^sh 11 r m in av il ~ bl until ^x.^p nded.

REPAIR, RESTORATION AND RENOVATION OF BUILDING

For nee ary expen e of r pair, restor· tion and r nov tion of building , grounds ^and ^faciliti s own d or occupied by th Nation, ^j Gallery ^{of Art,} by contract or otherwise, a authoriz d, $7FO,OOO to

r main available until expended: Provided, Th' ^t contr cts aw rd d for nvironmental systems, protection systems, an.d xt rior r p ir or renovation of buildings of the Nation Gallery of Art m · y b

negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.

WOODROW WILSON INTERNATIONAL CENTER FOR SCH.OLARS SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the

Woodrow Wilson Memorial Act of 1968 (82 Stat. ¹³⁵⁶⁾including ^hire

of asseng~er vehicles, and services as authorized by 5 U.S.C. 3109,

$4,

40,000.

P AYMENT TO ENDOWMENT CHALLENGE FUND

For payment to the Endowment Challen e 'Fund for. the Woodrow Wilson International Center for Scholars$ 00,000, to reamain avail-

able until September 30, 1990: Provided, That such sums shall be transferred only to the extent matched on a three-to-one basis by

private funds.

NATIONAL FOUNDATION ON THE

ARTS

AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses ^to carry out the National Foundation on the ^{Arts and}Humanities Act of 1965, as amended, $141,890,000 shall be available to the National Endowment for the Arts for the support

of projects ^andproductions in ^the

arts

through assistance to groups

PUBLIC LAW 100-446 SEPT. 27, 1988 102 STAT. 1821

and individuals pnJ"suant to section 5(c) of the Act and for adrninistering the functions of the Act: Provided, That n~ne ^{of the}^funds

available

to

the National Endowrnent for the Arts ^may ^{be used}

to

implement a peer panel review process different from that in place as of December 31, 1987.

MATCHING GRANTS

To ca1ry out the provisions of section 10(aX2) of the National Foundation on the Arts and the Humanities Act of 1965

as

amended, '27,200,000,

to

remain available until September 30, i990,

to the National Endowntent for the Arts, ^{of which}$18,200,000 shall be available for purposes of section 5(1): Provided, That this appro-

priation shall be available for obligation only in such arnounts

as

may be equal

to

^the

total

arnounts of gifts, bequests, and devises of money, and other property accepted by the Chairtnan or by grantees

of the Endowrnent under the provisions of section 10(aX2), subsections 11(aX2XA) and 11(a)(3XA) during the current and preceding

fiscal

years for which equal arnounts have not previously been appropriated.

NATIONAL ENDOWMENT FOR THE HuMANITIES GRANTS AND ADMINISTRATION

For n e~penses to carry out the National Foundation on the Arts and the Huroanities Act of 1965, as arnended, $124,300,000 shall be available to the National Endowment for the Humanities for support of activities in the h•1rnanities, pursuant to section 7(c) of the Act, and for adrninistering the functions of the Act.

MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965,

as

amended, $28,700,000,

to

remain available until September 30, 1990, of which $16,700,000 shall be available to the National Endowment for the Hntnanities for the purposes of section 7(h): Provided, That this appropriation shall be available for obligation only in such amounts

as

may be equal to the

total

a1nounts of gifts, bequests, and devises of money, and other property accepted by the Chairman or by grantees of the Endowtnent under the provisions of subsections

ll(aX2)(B) and ll(aX3)(B) during the current and preceding fiSCal

years for which equal a1oounts have not previously been appropriated.

INstiTUTE oF MusEUM ^SERVICES

TION

For · g out title IT of the Arts, Hun1anities, and Cultural Affairs Act of 1976,

as

a1nended, $22,270,000, including not to exceed

$250,000 as

authorized by 20

U.S.C.

^965(b): Provided, That none of these funds shall be available for the compensation of Executive

Level V or higher positions: Provided further, ^~atthe .Museu1n Services Board shall not meet more than three t11nes dunng fiSCal

year 1989.

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~on of b ^~und ^J ^UJ

h · ·i ⁿ ^u^.^sea

o r c d um n . hich ¹ ^~on ^t inc)u,

Pro id d Th t n, n of h fu11, ^p ro

ound ion ^~on h - r , nd h -. urn' i ^· ^i~a..

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r p ¹^~on n r pr n 1on , p n' .

)

For , xp nses ^mad^~ necessary by th Act , . · bli hin

sion of Fine Arts (40 U.S.C. 104), $ 75,0 .

NATIONAL CAPITAL AR''DS AND C UTURAL AFFAIR

For nee ssary expenses as uthorized by ublic L ^w ^,^~-1 ..

Stat. 1261; 20 U.S.C. 956a), as amended., $5,000~00 .

ADVISORY CoUNCIL ON HISTORIC PRESE _ VA.Tl

SALARIES AND EXPENSES

For ex.penses made n~ecessary by the Act ~establishing n Advi ory Council on Historic Pr~eservation, Public Law 89-665, ^n1, nd d, .$1,778,000: Provid,ed, That none of these funds shall b availabJ for

the compensation of Executive Level V or higher positions.

NATIONAL 'CAPITAL PLANNING CoMMISSION SALA.RIES AND EXPENSES

For necessary expenses, as authorized by the National C· pita]

Planning Act of 1952 (:40 U.S.C. 71-71i), including services as authorized by 5 U.S.C. 3109, $2,962,000.

FRANKLIN DELANO RoosEvELT MEMORIAL CoMMISSION SALARIES AND EXPENSES

For necessary expenses of the Franklin Delano Roosevelt Memo- rial Commission, established by the Act of August 11, 1955 (69 ~Stat.

694), as axnended by Public Law 92-332 (86 Stat. 401), $28,000 to remain available until September 30, 1990.

PENNSYLVANIA AVENUE DEVELOPM'ENT CORPORATION SALARIES AND EXPENSES

For necessary expenses, as authorized by section 17(a) of Public Law 92-578, as atnended, $'2,334,000, for operating and administra- tive expenses of the Corporation.

PUBLIC LAW 100-446 SEPT. 27, 1988 102 STAT. 1823

PUBLIC DEVELOPMENT

•

For public development activities and projects in accordance with the development plan as authorized by section 17(b) of Public Law 92-578, as a1nended, $3,175,000, to remain available until expended.

UNITED STATF.S HOLOCAUST MEMORIAL CoUNCIL HOLOCAUST MEMORIAL COUNCIL

For expenses of the Holocaust Memorial Council, as authorized by Public Law 96-388 as a1nended, $2,244,000: Provided That none of these funds shall be available for the compensatio~ of Executive

Level

V

or higher positions.

TITLE ill GENERAL PROVISIONS

SEc. 301. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5

U.S.C.

3109, shall be li1nited to those contracts where such expenditures are a matter of public record and available for public inspec- tion, except where otherwise provided under existing law, or under existing Executive order issued pursuant

to

existing law.

SEc. 302. No part of any appropriation under this Act shall be available

to

the Secretaries of the Interior and Agriculture for use for any sale hereafter made of unprocessed timber from Federal lands west of the lOOth meridian in the contiguous 48 States which will be exported from the United States, or which will be used as a substitute for timber from private lands which is exported by the

purchaser: Provided, That this li1nitation shall not apply

to

specific quantities of grades and species of ti1nber which said Secretaries determine ar.e surplus to domestic lumber and plywood manufactur- in needs.

EC. 303. No part of any appropriation under this Act shall be available to the Secretary of the Interior or the Secretary of Agri- culture for the leasing of oil and natural gas by noncompetitive bidding on publicly owr1ed lands within the boundaries of the Shaw- nee National Forest, Illinois: Provided, That nothing herein is in- tended to inhibit or otherwise affect the sale, lease, or right

to

access to minerals owned by private individuals. ·

SEc. 304. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends

to

promote public support or opposition to any legislative proposal on which congressional action

is not complete.

SEc. 305. No part of any appropriation contained in this Act shall remain available for obligation beyond the cunent fiScal year unless ex ressly so provided herein.

EC. 306. None of the funds provided in this Act

to

any department or agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants

to

any officer or em-

lo ee of such department or agency except as otherwise provided yaw.

SEc. 307. Except for lands described by sections 105 and 106 of Public Law 96-560, section 103 of Public Law 96-550, section 5(dX1) of Public Law 96-312, and except for land in the State of Alaska, and lands in the National Forest System released

to

management for

•

Contracts.

Records.

Public

information.

Alaska.

National Forest System.

National

Wilderness Preservation System .

Hazardous n1aterials.

Contracts.

I

any th . of Agr icul u

I d manag m nt p p by any ta

of desigaaating componen P rvation System now in ffi ... _

xoept to cat ry out the obligations

retary of the Interior und r · n 17 1) (A) and (B) of th Mineral leasing Act of 1920 30 U.S . . 226), none of th funds provided in this Act shall be obligated for ^anyaspect of the p - 1ng or issuance of per1nits or 1 pe1 taioing to lonttion for or development of coal, oil, gas, oil shale, hate, tassiuan, sulfur.

· ·te,

^or geotherrnal on ral ands within any

Service D a·t'easaeco·nl'lnended for wildern designation or atlocated to f••1 ther in Executive Commu ica~ ion

1504, Ninety~ixtb Cong1ess onse ent numbered 96-119); or within any lands designated ^Cong1U~aas wilderness study areas or within Buteau of I.and ^t wilderness study areas:

Provided, That nothing in this section sbatl prohibit ^th~eexpenditure of f•1nds for any aspect of the p1ocessing or issuance of pe1·rnits

· · to tion for or development of the mineral ^~ sourU}S · in this section, within any com nent of the

National Wilderness P1"eServation S tem now in e ect or herein- after enacted, any FotESt Service E II areas recommended for wilderness designation or allocated ^tofurther planning, within any

lands des· a ted by Con as wilderness study a1 eas, or Bu1-eau of ^I.and anagement · demess study ^a^·1~s,t1nder valid existing

rights, or leases validly iRSued in accoJdance with all applicable Federal, State, and local laws or valid tnineral rights in existence prior

to

^October 1, 1982:

P,ovided further,

That funds provided in this Act ^maybe ^11sedby the Secretary of Ag1 iculture in any area of

National Forest lands or the Secretary of the Interior

to

issue under their existing authority in any ^a1~of National Fo1est or public lands withdrawn pursuant

to

^this Act such peitnits as may be

n ^to conduct ros , · · · , seis1nic suneys, and core saan- pling conducted b elicopter or other means not requiring construction of roa or itnprovement of . . roads or wars, for the pn1 pose of gathering info1·rrtation about inventorymg of ene1gy, rnineral, and other 1esouree values of such a1·ea, if such activity is ca·1·1ied out ⁱⁿa mann·er compatible with the 1eaervation of the wilderness environ·rnent: ^~O,ovided

further,

^t seismic activities involving the ••se of explosives shall not be pea·1nitted in designated wilderness al'eas: Provided furtlu!r, That f•1nds provided

in this Act 1nay be

••sed

by the Secretary of the Interior ^toat1g1nent

· surve of the tnineral values of wilderness a1eas pumu- ant ^to ^· dX2) of the Wilderness Act and a

••i•

e info1·rnation on other national fo1est and pUblic land at·eas wit drawn pna'Suant

to this Act, b conducting in conjunction with the Secn!tal y of Ene1gy, the ational Laboratories, or other ^~ederalagencies, as appropriate, such tnineral inventories of at'e&S withdrawn pumnant

to this Act as the Secreta1y deerns aperopriate. These inventories shall be conducted in a manner com tible with the reservation of

the wilderness environrnent throug the use of met

ods

including core sa1npling conducted by helicopter; geophysical techniques such as induced polarization, synthetic apertu1e radar, · and g1avity su1 veys; geochernical techniques including strea,rn sedirnent J'eCOnnaissance and x-ray diffraction analysis; land satellites; or any other methods the Sec1·etaJy dee•ns ap ropriate. The Secretaay of the Interior is hereby authorized

to

^con ^uctinventories or seganents

PUBLIC LAW 100-446 SEPT. 27, 1988 102 STAT. 1825

of. invento~i~, ~uch as data analysis activities, by contract with pnvate e~~~~1es deemed by the Secretal'y to be qualified to engage ⁱⁿ such act1V1t1es whenever the Secretary has deterrnined that such contract would decrease Federal expenditures and would produce comparable or. superior results: Provided further, That in · · g out any s~ch mventory or surveys, where National Forest System lands are mvolved, the Secretary of the Interior shall consult with the Secretary of Agriculture concel'ning any activities affecting surface resotlrces.

SEC. 308. None of the funds provided in this Act shall ^be used ^to evaluate, consider, process, or award oil, gas, or geothe1 ^rnal leases on Federal lands in the MolJnt Baker-Snoqualrnie National Forest State of Washington, within the hydrographic botJndaries of th~

Cedar River mtlnicipal watershed upstrearn of river mile 21.6 the Green River m\Jnicipal watershed upstreatn of river mile 61.0:

the North Fork of the Tolt River pro m.unicipal watershed upstrearn of river mile 11.7, and the South Fork Tolt River munici-

pal watershed upstream of river mile 8.4.

SEc. 309. No assessments may ^be levied against any prograrn, budget activity, subactivity, or project fl1nded by this Act unless such assessments and the basis therefor are presented to the

Committees on Appropriations and are approved by such corn rnittees.

SEC. 310. Employrnent funded by this Act shall not ^·^be subject ^to any personnel ceiling or other persoDilel restriction for permanent or other than perrnanent employment except as provided by law.

SEC. 311. Notwithstanding any other provision of law, the Sec- retary of the Interior, the Secretary of Agriculture, the Secretary of Energy, and the Secretary of the Srnithsonian Institution are authorized ^toenter into contracts with State and local govei·ntnental entities, including local fire districts, for procurement of services in the presuppression, detection, and suppression of fires on any units within their j · · ction.

SEC. 312. None of the funds provided by this Act

to

the United States Fish and Wildlife Service may ^be obligated or expended ^to plan for, conduct, or supervise deer htJnting on the Loxahatchee National Wildlife Refuge.

SEC. 313. None of the funds made available

to

the Department of the Interior or the Forest Service during fiscal year 1989 by this or any other Act may ^beused ^toirnplement the pro ^j ^· ·ctional interchange progran1 until enactment of legislation which au- thorizes the ^j ^{· ·}ctional interchange.

SEC. 314. The Forest Service and Bllreau of I ..and Management are

to

continue ^tocomplete as expeditiously as possible development of their respective Forest l,and and Resource Management Plans ^to

meet all applicable statutory requirements. Notwithstanding the date in section 6(c) of the (16 U.S.C. 1600), the Forest Service, and the B\Jreau of I.and Management under separate authority, may continue the management of lands within their j · · ction under existing land and resource management plans pending the completion of new plans. Nothing shall lirnit judicial review of

particular activities on these lands: Provided, however, That there shall be no challenges

to

^anyexisting plan on the sole basis that the plan ⁱⁿits entirety is outdated, or in the ^caseof the Bureau of ^I.and Management, solely on the basis that the plan does not incorporate inforrnation available subsequent

to

the completion of the existing

•

Employment a nd

unem ployment.

Contracts.

State a nd loca l governments. Disaster

assistance.

us c

¹⁶⁰⁴

note.

Dalam dokumen Excerpt from, Public Law 100-446, Department of the Interior and Related Agencies Appropriations, Fiscal Year 1989, relating to the Smithsonian Institution. (Halaman 45-56)