activities. Land use plans will be revised on an average cycle of 10 years. Greater expenditures will have to be made in planning to reach a 6-year cycle for plan revision.

Data management: The Secretary's proposal will provide for development and implementation of automated systems in BLM. Increases of $2 million in fiscal year 1980 and $3,300,000 in fiscal year 1981 are for systems development and added operations and maintenance costs as the plan begun in 1976 achieves maturity. Additional O. & M. costs of $2,500,000 proposed for fiscal year 1982 are offset by reduced systems development and equipment acquisition costs. A net reduction of $2,800,000 is proposed in fiscal year 1982.

(5) Cadastral survey

No program changes are identified. A $21,800,000 level is to be used establishing and maintaining the public land survey grid. Approximately one-half of the effort supports the Alaska Native Claims Act and State selection programs.

(6) Administration and enforcement

General administration: Increases of $1 million in fiscal year 1980 and fiscal year 1981 and $1,500,000 in fiscal year 1982 are proposed by the Secretary for administrative support to other BLM programs. Law enforcement: The Secretary's proposal will provide added law enforcement capability on public lands principally through cooperative agreements and contracts with State and local agencies. Program focus is on high visitor use areas and where there is a history of violations.

(b) Acquisition, construction, and maintenance

Acquisition, construction, and maintenance is BLM's principal support appropriation. The quadrennial authorization request is:

The information that follows focuses on the last 3 years of that authorization request inasmuch as fiscal year 1979 has been dealt with much more extensively elsewhere.

(1) Construction

The Secretary proposes a $12,100,000 program in fiscal year 1980, $14,600,000 in fiscal year 1981, and $16,100,000; these compare with $9,915,000 in fiscal year 1978. The proposal will provide for a variety of facilities including: Offices and warehouses; campgrounds; trailheads; information centers; sanitary facilities and roads, bridges, and trails to provide physical access.

(2) Acquisition

No change is proposed. The program, operating between $1,500,000 and $2 million provides for easements and minor land acquisitions in support of resource program needs.

(3) Maintenance

The Secretary's proposal will provide a maintenance increase of $800,000 in fiscal year 1980 and an additional $500,000 in both fiscal year 1981 and fiscal year 1982. These changes will be directed toward maintenance of facilities constructed in the prior year.

V. ADMINISTRATIVE PROBLEMS AND CONCERNS

In addition to concerns over the level of funding and program priorities, a number of administrative issues were raised in the workshops and hearings. The resolution of these issues has not required amendments to this bill but the committee wishes to express its concern and intent on the following matters:

1. HOW TO ASSURE ADEQUATE PERSONNEL

CEILINGS ASSOCIATED

FUNDING INCREASES ARE MADE AVAILABLE TO BLM?

The BLM has testified that an additional 795 full-time permanent positions would be required to implement the Secretary's recommendations.

Committee recommendations for increases in various budget categories over the amounts requested by President Carter in the fiscal year 1979 budget are based on the assumption that personnel ceilings will be increased to insure that full-time employees conduct the activities which the increases would fund.

These proposed funding increases will not be fully effectual without concomitant increases in personnel levels in these and other Federal land management agencies. The lack of human resources to even properly stabilize public land conditions and maintain their existing low-level productivity and presently diminished quality is a national embarrassment. The increasing reliance of Federal land management agencies on temporary personnel and contracting authority not only inhibits control of the quality of work performed but also significantly increases its cost, thus reducing the effectiveness of whatever funding is provided for the public lands. The President's fiscal year 1979 budget request would continue this recent trend of accommodating only a minimum number of permanent positions and relying instead upon temporary personnel and contracting to accomplish the public land management agencies' workload.

For example, the fiscal year 1979 budget request for the BLM includes funds for 155 positions which are shown as full-time permanent and 1,210 shown as other than permanent. Many of these would have been permanent positions if adequate ceilings had been available. This is consistent with ceiling limitations imposed during the last several years. Fifty percent of the total obligations of the major BLM appropriations-management of land and resources-in fiscal year 1977 involved temporary salaries and contracts; 7 years ago these two categories accounted for only 16 percent of the total obligations incurred. The committee firmly believes the proportion of work accomplished by permanent staff in 1971 should be restored.

The Comptroller General has rendered an opinion that the administration's 1977 reduction of personnel ceilings for the Forest Service constituted an unreported impoundment under the Impoundment Control Act of 1974. The administration has denied this interpretation. This issue will likely be further explored with the parliamentarian and interested committees. One approach may be the interpretation or, if necessary, amendment of the Impoundment Control Act of 1974 to treat personnel ceilings withdrawn as an impoundment and thus subject to requirements for the President to report them to Congress and allow 60 days for a congressional override.

2. HOW TO MAKE ADJUSTMENTS IN FUTURE AUTHORIZATIONS TO COVER LEGISLATION PENDING, THAT IS, OCS LEASING AMENDMENTS, RANGELAND REHABILITATION, ET CETERA?

The committee will undertake to assure that future legislation reported by the committee will include language to amend the authorization to cover the costs of the new programs, where necessary.

3. HOW TO PROVIDE FOR CONTINGENCIES OR NEW PROGRAM OR POLICY DIRECTIONS, THAT IS, A NEW COAL-LEASING PROGRAM?

In order to provide flexibility for the Secretary the committee has reported out this bill as proposed by the Secretary at the appropriation level; however, this committee should be notified of all significant reprograming at the same time and in the same manner as the Appropriations Committee.

Contingencies which cannot be accommodated by reprograming will require the Secretary to seek amendments to the authorization.

4. HOW SHOULD PROVISION BE MADE TO COVER INFLATION SO THAT THE AUTHORIZATION DOES NOT BECOME AN UNINTENDED CONSTRAINT?

In addition to providing specific dollar-figure authorizations in fiscal years 1979 through 1982, section 1 of S. 2234 authorizes: "(e) such additional or supplemental amounts as may be necessary for increases in salary, pay, retirements and other employee benefits authorized by law, and for other nondiscretionary costs.'

It is the intent of this committee that the phrase, "other nondiscretionary costs" include inflationary increases for object classes other than personnel salaries and benefits to the extent that they can be documented and justified in appropriations requests as adjustments to base and accepted by the Appropriations Committee. Such costs would include documented increases in the costs of fuel, travel, standard level user charges for space, utility rate increases, postage, printing, et cetera.

It is recognized that this approach will result in some reduction. in the purchasing power of appropriations where increases cannot be documented and justified. However, the committee is not prepared at this time to couple the authorization to the cost-of-living index or other inflationary indicator.

VI. COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Senate Committee on Energy and Natural Resources, in open business session on April 11, 1978, by voice vote of a quorum present recommends that the Senate pass S. 2234, as described herein.

VII. REGULATORY IMPACT EVALUATION

In compliance with paragraph 5 of rule XXIX of the Standing Rules of the Senate, the committee makes the following evaluation of the regulatory impact which would be incurred in carrying out S. 2234. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. No personal information would be collected in administering this bill. Therefore, there would be no impact on personal privacy. Little, if any, additional paperwork would result from the enactment of S. 2234.

VIII. BUDGET ESTIMATE

In compliance with section 403 of the Budget Reform Act, the Congressional Budget Office has furnished the following budget estimate:

CONGRESSIONAL BUDGET OFFICE,

U.S. CONGRESS,

Washington, D.C. April 19, 1978.

Hon. HENRY M. JACKSON,

Chairman, Committee on Energy and Natural Resources,

U.S Senate, Washington, D.C.

DEAR MR. CHAIRMAN: Pursuant to section 403 of the Congressional Budget Act of 1974, the Congressional Budget Office has prepared the attached cost estimate for S. 2234, a bill to authorize appropriations for activities and programs carried out by the Secretary of the Interior through the Bureau of Land Management.

Should the committee so desire, we would be pleased to provide further details on the attached cost estimate.

2. Bill title: A bill to authorize appropriations for activities and programs carried out by the Secretary of the Interior through the Bureau of Land Management.

3. Bill status: As ordered reported by the Senate Committee on Energy and Natural Resources, April 11, 1978.

4. Bill purpose: This bill authorizes appropriations for fiscal years 1979 through 1982 for four of the activities of the Bureau of Land Management: management of lands and resources; land aquisition, construction, and maintenance; payments in lieu of taxes to local governments for entitlement lands; and loans to States and political subdivisions for mineral impact aid.

5. Cost estimate:

1 This authorization level includes amounts specifically authorized in the bill, plus an estimate of additional amounts necessary for increases in employee pay and benefits as provided in paragraph (e) of the bill. These amounts are $10,000,000, $25,500,000, $43,500,000, and $64,100,000 for fiscal years 1979 through 1982, respectively.

These costs fall within budget functions 300, 450, and 850.

6. Basis of estimate: For the purpose of this estimate, it is assumed that this bill is enacted and the full amounts authorized are appropriated before fiscal year 1979.

The first paragraph of this bill authorizes the appropriation of funds to the Bureau of Land Management (BLM) for the management of lands and resources, excluding emergency firefighting and rehabilitation. The authorization level in each year includes the sums specifically authorized in the bill, plus an estimate of the additional amounts necessary for increases in employee pay and benefits, as provided in paragraph (e) of the bill. Based on historical disbursement data for these activities, it is estimated that 76 percent of the authorized funds will actually be spent in the first fiscal year for which they are authorized and the remainder will be spent in the following fiscal year.

Paragraph (b) of this bill authorizes funds for land acquisition, construction, and maintenance to be carried out by BLM. The authorization level in each year includes estimated increases for employee pay and benefits, as provided in paragraph (e) of the bill. Based on information available from the agency, it is estimated that the disbursement rate for these funds will be 61 percent in the first year of the appropriation, and 36 percent and 2 percent, respectively, in the following 3 years.

In paragraph (c) funds are authorized for implementation of the act of October 20, 1976 (31 U.S.C. 1601). These funds are to be used to make payments in lieu of taxes to local governments for properties which are acquired with funds from the land and water conservation fund. The current estimate of costs associated with this section is based on planned land acquisition in fiscal years 1979-82, but actual costs may be higher as more eligible private property becomes available for purchase.

Paragraph (d) authorizes funds for the mineral impact loan program established in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1747). It is expected that payments of these loans by BLM will be relatively slow, since this is a new program and a new function for this agency. The assumptions used for the purpose of this estimate are: Average individual loan values of $5 million; an interest rate of 3 percent; an average loan duration of 10 years;