§ 1457a. — Authorization of appropriations for particular programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1457a]
TITLE 43--PUBLIC LANDS
CHAPTER 31--DEPARTMENT OF THE INTERIOR
Sec. 1457a. Authorization of appropriations for particular
programs
(a) Maximum amounts for specified years
Notwithstanding any other provision of law, there shall not be
appropriated to the Secretary of the Interior for Department of the
Interior programs as defined in subsection (e) of this section in excess
of $4,095,404,000 for the fiscal year ending on September 30, 1981; in
excess of $3,970,267,000 for the fiscal year ending on September 30,
1982; $4,680,223,000 for the fiscal year ending on September 30, 1983;
and $4,797,281,000 for the fiscal year ending on September 30, 1984.
(b) Ceilings on certain appropriations
It is the sense of the Congress that the appropriation targets for
such fiscal years should be: not less than $275,000,000 to be
appropriated annually pursuant to the provisions of the Land and Water
Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 460z); not less
than $30,000,000 to be appropriated annually pursuant to the provisions
of the National Historic Preservation Act of 1966 (80 Stat. 915; 16
U.S.C. 470); not less than $10,000,000 to be appropriated annually
pursuant to the provisions of the Urban Park and Recreation Recovery Act
of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.); not less than
$105,000,000 to be appropriated annually to be used for the restoration
and rehabilitation of units of the National Park System, as authorized
by law; not less than $239,000,000 to be appropriated annually for the
Office of Territorial and International Affairs (including amounts for
the Trust Territory of the Pacific Islands); not less than $6,200,000 to
be appropriated annually to carry out the provisions of title III of the
Surface Mining Control and Reclamation Act of 1977 (91 Stat. 445); \1\
and not less than $100,000,000 to be appropriated annually pursuant to
chapter 69 of title 31 including not less than $5,000,000 annually to
carry out the purposes of section 6904 of title 31.
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\1\ See References in Text note below.
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(c) Additional limitations
Notwithstanding the limitation otherwise imposed by subsection (a)
of this section--
(1) the authorization for obligation and appropriations for the
Department of the Interior may exceed the amount specified in
subsection (a) of this section by such amount as permanent and
annual indefinite appropriations exceed the estimates for such
appropriations as contained in ``The Budget of the United States
Government, Fiscal Year 1982,'' as revised by the March 1981,
publication of the Office of Management and Budget entitled ``Fiscal
Year 1982 Budget Revisions'', when receipts available to be
appropriated equal or exceed such appropriations, and
(2) the authorization for obligation and appropriations for the
Department of the Interior may exceed the amount specified in
subsection (a) of this section by such amounts as may be required
for emergency firefighting and for increased pay costs authorized by
law.
(d) Omitted
(e) Applicable programs
For the purposes of this section, the term ``Department of the
Interior programs'' means--
(1) Alaska Native Fund amounts included in Bureau of Indian
Affairs programs funded from Miscellaneous Trust Funds and
Miscellaneous Permanent Appropriations accounts;
(2) Bureau of Land Management programs;
(3) United States Bureau of Mines programs;
(4) National Park Service programs other than the John F.
Kennedy Center for the Performing Arts (including those programs
formerly administered by the Heritage Conservation and Recreation
Service as of October 1, 1980);
(5) Offices of the Solicitor and the Secretary;
(6) Office of Surface Mining Reclamation and Enforcement
programs;
(7) Office of Territorial Affairs programs;
(8) United States Geological Survey programs; and
(9) Bureau of Reclamation (including those programs formerly
administered by the Water and Power Resources Service).
(Pub. L. 97-35, title XIV, Sec. 1401, Aug. 13, 1981, 95 Stat. 748, 749;
Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)
References in Text
The Land and Water Conservation Fund Act of 1965 (78 Stat. 897; 16
U.S.C. 460z), referred to in subsec. (b), is Pub. L. 88-578, Sept. 3,
1964, 78 Stat. 897, as amended, which is classified generally to part B
(Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 460l-4 of Title 16 and Tables.
The National Historic Preservation Act of 1966 (80 Stat. 915; 16
U.S.C. 470), referred to in subsec. (b), probably means Pub. L. 89-665,
Oct. 15, 1966, 80 Stat. 915, as amended, known as the National Historic
Preservation Act, which is classified generally to subchapter II
(Sec. 470 et seq.) of chapter 1A of Title 16. For complete
classification of this Act to the Code, see section 470(a) of Title 16
and Tables.
The Urban Park and Recreation Recovery Act of 1978 (92 Stat. 3538;
16 U.S.C. 2501 et seq.), referred to in subsec. (b), is title X of Pub.
L. 95-625, Nov. 10, 1978, 92 Stat. 3538, which is classified generally
to chapter 45 (Sec. 2501 et seq.) of Title 16. For complete
classification of this Act to the Code, see Short Title note set out
under section 2501 of Title 16 and Tables.
The Surface Mining Control and Reclamation Act of 1977 (91 Stat.
445), referred to in subsec. (b), is Pub. L. 95-87, Aug. 3, 1977, 91
Stat. 445, as amended. Title III of the Surface Mining Control and
Reclamation Act of 1977 was formerly classified generally to subchapter
III (Sec. 1221 et seq.) of chapter 25 of Title 30, Mineral Lands and
Mining, prior to the replacement of subchapter III by Pub. L. 98-409.
For complete classification of this Act to the Code, see Short Title
note set out under section 1201 of Title 30 and Tables.
Codification
In subsec. (b), ``chapter 69 of title 31'' and ``section 6904 of
title 31'' substituted for ``the Act of October 20, 1976 (90 Stat. 2662;
31 U.S.C. 1601, et. seq.)'' and ``section 3 of said Act [31 U.S.C.
1603]'', respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
Subsec. (d) of this section is set out as a note under section 1734
of this title.
Change of Name
``United States Bureau of Mines'' substituted for ``Bureau of
Mines'' in subsec. (e)(3) pursuant to section 10(b) of Pub. L. 102-285,
set out as a note under section 1 of Title 30, Mineral Lands and Mining.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Circular of Office of Management and Budget and Similar Orders or
Directives Inapplicable to Certain Public Land Activities Without
Affecting Other Authorizations; Congressional Findings
Pub. L. 98-540, Sec. 3, Oct. 24, 1984, 98 Stat. 2718, provided that:
``(a) The Congress finds that--
``(1) the public lands administered by the National Park
Service, the Bureau of Land Management, and the United States Fish
and Wildlife Service contain valuable wildlife, scenery, natural and
historic features, and other resources;
``(2) the Congress has specified the duties and responsibilities
of the National Park Service, the Bureau of Land Management, and the
United States Fish and Wildlife Service to balance the conservation
and protection of these public lands and resources with permitted
uses in ways Congress has found to be appropriate for each of the
various land areas;
``(3) the National Park Service, the Bureau of Land Management,
and the United States Fish and Wildlife Service are currently under
congressional mandates to maintain sufficient visitor and
recreational services in our national parks, campgrounds, and
wildlife refuges;
``(4) the Congress has authorized the National Park Service, the
Bureau of Land Management, and the United States Fish and Wildlife
Service to contract for the provision of certain facilities,
accommodations, and services by non-Federal entities, but with
certain limitations that reflect the values and appropriate
management policies of the various conservation areas, parks,
wildlife refuges, and other public lands;
``(5) expansion of the contracting authority of the managers of
these conservation areas, parks, wildlife refuges, and lands should
be considered only after careful study of the existing management
mandates and contracting authorities; and
``(6) management and regulation of natural resources on Federal
lands are inherently Government functions and should be performed by
Federal employees.
``(b)(1)(A) The provisions of Office of Management and Budget
Circular A-76 and any similar provisions in any other order or directive
shall not apply to activities conducted by the National Park Service,
United States Fish and Wildlife Service, and the Bureau of Land
Management which involve ten full time equivalents (FTE) or less.
``(B) For fiscal years 1985 through and including 1988, no
contracts, for activities conducted by the National Park Service, United
States Fish and Wildlife Service, or the Bureau of Land Management which
have been subject to the provisions of Office of Management and Budget
Circular A-76 or any similar provision in any other order or directive,
shall be entered into by the United States until funds have been
specifically provided therefore by an Act of Congress.
``(2) Nothing in this section shall prevent the National Park
Service, United States Fish and Wildlife Service, and the Bureau of Land
Management from entering into contracts for services and materials under
provisions of law and rules, regulations, orders, and policies other
than the circular referred to in paragraph (1) or any similar order or
directive.''
