[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4578 Engrossed in House (EH)]
2d Session
H. R. 4578
_______________________________________________________________________
AN ACT
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2001, and for other
purposes.
106th CONGRESS
2d Session
H. R. 4578
_______________________________________________________________________
AN ACT
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2001, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of the Interior
and related agencies for the fiscal year ending September 30, 2001, and
for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $674,571,000
(reduced by $4,000,000), to remain available until expended, of which
$2,198,000 shall be available for assessment of the mineral potential
of public lands in Alaska pursuant to section 1010 of Public Law 96-487
(16 U.S.C. 3150); and of which not to exceed $1,000,000 shall be
derived from the special receipt account established by the Land and
Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and
of which $2,500,000 shall be available in fiscal year 2001 subject to a
match by at least an equal amount by the National Fish and Wildlife
Foundation, to such Foundation for cost-shared projects supporting
conservation of Bureau lands and such funds shall be advanced to the
Foundation as a lump sum grant without regard to when expenses are
incurred; in addition, $33,366,000 for Mining Law Administration
program operations, including the cost of administering the mining
claim fee program; to remain available until expended, to be reduced by
amounts collected by the Bureau and credited to this appropriation from
annual mining claim fees so as to result in a final appropriation
estimated at not more than $674,571,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering communication
site activities: Provided, That appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors.
wildland fire management
For necessary expenses for fire preparedness, suppression
operations, emergency rehabilitation and hazardous fuels reduction by
the Department of the Interior, $292,197,000, to remain available until
expended, of which not to exceed $9,300,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That unobligated balances of amounts previously
appropriated to the ``Fire Protection'' and ``Emergency Department of
the Interior Firefighting Fund'' may be transferred and merged with
this appropriation: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of
the Department of the Interior for fire protection rendered pursuant to
42 U.S.C. 1856 et seq., protection of United States property, may be
credited to the appropriation from which funds were expended to provide
that protection, and are available without fiscal year limitation.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to section 107 or
113(f) of such Act, shall be credited to this account to be available
until expended without further appropriation: Provided further, That
such sums recovered from or paid by any party are not limited to
monetary payments and may include stocks, bonds or other personal or
real property, which may be retained, liquidated, or otherwise disposed
of by the Secretary and which shall be credited to this account.
construction
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $5,300,000 (reduced by $1,000,000
and increased by $1,000,000), to remain available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $134,385,000 (increased by $10,000,000),
of which not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise eligible
units of local government if the computed amount of the payment is less
than $100.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $19,000,000 (reduced by
$3,000,000 and increased by $3,000,000), to be derived from the Land
and Water Conservation Fund, to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein including
existing connecting roads on or adjacent to such grant lands,
$100,467,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
forest ecosystems health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, and monitoring salvage
timber sales and forest ecosystem health and recovery activities such
as release from competing vegetation and density control treatments.
The Federal share of receipts (defined as the portion of salvage timber
receipts not paid to the counties under 43 U.S.C. 1181f and 43 U.S.C.
1181-1 et seq., and Public Law 103-66) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law 93-153,
to remain available until expended: Provided, That notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing
either in cash or in services, and the Bureau determines the cooperator
is capable of meeting accepted quality standards.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, management,
investigations, protection, and utilization of fishery and wildlife
resources, except whales, seals, and sea lions, maintenance of the herd
of long-horned cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized functions
related to such resources by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities, $731,400,000, to remain available until September 30,
2002, except as otherwise provided herein, of which not less than
$2,000,000 shall be provided to local governments in southern
California for planning associated with the Natural Communities
Conservation Planning (NCCP) program and shall remain available until
expended: Provided, That not less than $2,000,000 for high priority
projects which shall be carried out by the Youth Conservation Corps as
authorized by the Act of August 13, 1970, as amended: Provided further,
That not to exceed $6,395,000 shall be used for implementing
subsections (a), (b), (c), and (e) of section 4 of the Endangered
Species Act, as amended, for species that are indigenous to the United
States (except for processing petitions, developing and issuing
proposed and final regulations, and taking any other steps to implement
actions described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)): Provided further, That of the amount available for law
enforcement, up to $400,000 to remain available until expended, may at
the discretion of the Secretary, be used for payment for information,
rewards, or evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of enforcement
activity, authorized or approved by the Secretary and to be accounted
for solely on his certificate: Provided further, That of the amount
provided for environmental contaminants, up to $1,000,000 may remain
available until expended for contaminant sample analyses.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and wildlife
resources, and the acquisition of lands and interests therein,
$48,395,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $30,000,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended,
$23,000,000, to be derived from the Cooperative Endangered Species
Conservation Fund, to remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $10,439,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
$15,499,000, to remain available until expended.
wildlife conservation and appreciation fund
For necessary expenses of the Wildlife Conservation and
Appreciation Fund, $797,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), and the Rhinoceros and Tiger Conservation Act
of 1994 (16 U.S.C. 5301-5306), $2,391,000, to remain available until
expended: Provided, That funds made available under this Act, Public
Law 105-277, and hereafter in annual appropriations Acts for
rhinoceros, tiger, and Asian elephant conservation programs are exempt
from any sanctions imposed against any country under section 102 of the
Arms Export Control Act (22 U.S.C. 2799aa-1).
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 79
passenger motor vehicles, of which 72 are for replacement only
(including 41 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and
the maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which the
United States has title, and which are used pursuant to law in
connection with management and investigation of fish and wildlife
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service
may, under cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft: Provided
further, That notwithstanding any other provision of law, the Secretary
of the Interior may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Refuge System
unless the purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the reprogramming
procedures contained in Senate Report 105-56.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not less than $2,000,000 for
high priority projects within the scope of the approved budget which
shall be carried out by the Youth Conservation Corps as authorized by
16 U.S.C. 1706, $1,425,617,000 (increased by $10,000,000) (increased by
$66,500,000), of which $8,727,000 for research, planning and
interagency coordination in support of land acquisition for Everglades
restoration shall remain available until expended, and of which not to
exceed $7,000,000, to remain available until expended, is to be derived
from the special fee account established pursuant to title V, section
5201 of Public Law 100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $49,956,000, of which
$2,000,000 shall be available to carry out the Urban Park and
Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.).
historic preservation fund
For expenses necessary in carrying out the Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333), $41,347,000,
to be derived from the Historic Preservation Fund, to remain available
until September 30, 2002, of which $7,177,000 pursuant to section 507
of Public Law 104-333 shall remain available until expended.
construction
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of
the Everglades National Park Protection and Expansion Act of 1989,
$150,004,000, to remain available until expended.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2001 by 16 U.S.C.
460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with the statutory authority applicable
to the National Park Service, $65,000,000 (increased by $10,000,000)
(increased by $20,000,000), to be derived from the Land and Water
Conservation Fund, to remain available until expended, of which
$21,000,000 (increased by $10,000,000) is for the State assistance
program including $1,000,000 to administer the program, and of which
$10,000,000 may be for State grants for land acquisition in the State
of Florida: Provided, That the $20,000,000 (increased by $10,000,000)
provided for grants in the State assistance program shall be used
solely to acquire land for State and local parks for the benefit of
outdoor recreation: Provided further, That the Secretary may provide
Federal assistance to the State of Florida for the acquisition of lands
or waters, or interests therein, within the Everglades watershed
(consisting of lands and waters within the boundaries of the South
Florida Water Management District, Florida Bay and the Florida Keys,
and excluding the Eight and One-Half Square Mile Area) under terms and
conditions deemed necessary by the Secretary to improve and restore the
hydrological function of the Everglades watershed: Provided further,
That funds provided under this heading for assistance to the State of
Florida to acquire lands within the Everglades watershed are contingent
upon new matching non-Federal funds by the State and shall be subject
to an agreement that the lands to be acquired will be managed in
perpetuity for the restoration of the Everglades.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 340 passenger motor vehicles, of which
273 shall be for replacement only, including not to exceed 319 for
police-type use, 12 buses, and 9 ambulances: Provided, That none of the
funds appropriated to the National Park Service may be used to process
any grant or contract documents which do not include the text of 18
U.S.C. 1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement for the
redevelopment of the southern end of Ellis Island until such agreement
has been submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full and comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
The National Park Service may distribute to operating units based
on the safety record of each unit the costs of programs designed to
improve workplace and employee safety, and to encourage employees
receiving workers' compensation benefits pursuant to chapter 81 of
title 5, United States Code, to return to appropriate positions for
which they are medically able.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); and
publish and disseminate data relative to the foregoing activities; and
to conduct inquiries into the economic conditions affecting mining and
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
98g(1)) and related purposes as authorized by law and to publish and
disseminate data, $816,676,000, of which $60,553,000 shall be available
only for cooperation with States or municipalities for water resources
investigations; and of which $16,400,000 shall remain available until
expended for conducting inquiries into the economic conditions
affecting mining and materials processing industries; and of which
$32,763,000 shall be available until September 30, 2002 for the
operation and maintenance of facilities and deferred maintenance; and
of which $140,416,000 shall be available until September 30, 2002 for
the biological research activity and the operation of the Cooperative
Research Units: Provided, That none of these funds provided for the
biological research activity shall be used to conduct new surveys on
private property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this appropriation
shall be used to pay more than one-half the cost of topographic mapping
or water resources data collection and investigations carried on in
cooperation with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services;
reimbursement to the United States Fish and Wildlife Service (FWS) for
Refuge Revenue Sharing payments made by FWS to local entities for the
FWS real property transferred to the Geological Survey; contracting for
the furnishing of topographic maps and for the making of geophysical or
other specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations and observation wells;
expenses of the United States National Committee on Geology; and
payment of compensation and expenses of persons on the rolls of the
Survey duly appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through the
use of contracts, grants, or cooperative agreements as defined in 31
U.S.C. 6302 et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of
royalties, as authorized by law; for enforcing laws and regulations
applicable to oil, gas, and other minerals leases, permits, licenses
and operating contracts; and for matching grants or cooperative
agreements; including the purchase of not to exceed eight passenger
motor vehicles for replacement only, $127,200,000, of which
$84,362,000, shall be available for royalty management activities; and
an amount not to exceed $107,000,000, to be credited to this
appropriation and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August 5, 1993,
from rate increases to fee collections for Outer Continental Shelf
administrative activities performed by the Minerals Management Service
over and above the rates in effect on September 30, 1993, and from
additional fees for Outer Continental Shelf administrative activities
established after September 30, 1993: Provided, That to the extent
$107,000,000 in additions to receipts are not realized from the sources
of receipts stated above, the amount needed to reach $107,000,000 shall
be credited to this appropriation from receipts resulting from rental
rates for Outer Continental Shelf leases in effect before August 5,
1993: Provided further, That $3,000,000 for computer acquisitions shall
remain available until September 30, 2002: Provided further, That funds
appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other provision
of law, $15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service (MMS) concurred with the
claimed refund due, to pay amounts owed to Indian allottees or tribes,
or to correct prior unrecoverable erroneous payments: Provided further,
That MMS may under the royalty-in-kind pilot program use a portion of
the revenues from royalty-in-kind sales, without regard to fiscal year
limitation, to pay for transportation to wholesale market centers and
processing of royalty production taken in kind: Provided further, That
MMS shall analyze and document the expected return in advance of any
royalty-in-kind sales to assure to the maximum extent practicable that
royalty income under the pilot program is equal to or greater than
royalty income recognized under a comparable royalty-in-value program.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $6,118,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only, $97,478,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2001 for
civil penalties assessed under section 518 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That appropriations
for the Office of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $197,873,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $8,000,000, to be derived from the Federal Expenses
Share of the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage from coal
mines, and for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum program States
will be $1,500,000 per State in fiscal year 2000: Provided further,
That of the funds herein provided up to $18,000,000 may be used for the
emergency program authorized by section 410 of Public Law 95-87, as
amended, of which no more than 25 percent shall be used for emergency
reclamation projects in any one State and funds for federally
administered emergency reclamation projects under this proviso shall
not exceed $11,000,000: Provided further, That prior year unobligated
funds appropriated for the emergency reclamation program shall not be
subject to the 25 percent limitation per State and may be used without
fiscal year limitation for emergency projects: Provided further, That
pursuant to Public Law 97-365, the Department of the Interior is
authorized to use up to 20 percent from the recovery of the delinquent
debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That funds made available under
title IV of Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Government for the
purpose of environmental restoration related to treatment or abatement
of acid mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That from
the funds provided herein, in addition to the amount granted to the
Commonwealth of Pennsylvania under Sections 402(g)(1) and 402(g)(5) of
the Surface Mining Control and Reclamation Act, an additional
$2,000,000 shall be made available to the Commonwealth of Pennsylvania
to reclaim abandoned coal mine sites and for acid mine drainage
remediation caused by past coal mining practices: Provided further,
That the additional funds are to be used to address such problems in
the anthracite region of Pennsylvania.
Bureau of Indian Affairs
operation of indian programs
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.), as amended, $1,657,446,000, to remain
available until September 30, 2002 except as otherwise provided herein,
of which not to exceed $93,225,000 shall be for welfare assistance
payments and notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $125,229,000 shall be available for payments to tribes
and tribal organizations for contract support costs associated with
ongoing contracts, grants, compacts, or annual funding agreements
entered into with the Bureau prior to or during fiscal year 2001, as
authorized by such Act, except that tribes and tribal organizations may
use their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, or compacts, or annual funding agreements
and for unmet welfare assistance costs; and of which not to exceed
$406,010,000 for school operations costs of Bureau-funded schools and
other education programs shall become available on July 1, 2001, and
shall remain available until September 30, 2002; and of which not to
exceed $39,722,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, self-
governance grants, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program: Provided, That
notwithstanding any other provision of law, including but not limited
to the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C.
2008, not to exceed $42,160,000 within and only from such amounts made
available for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with the
operation of Bureau-funded schools: Provided further, That any forestry
funds allocated to a tribe which remain unobligated as of September 30,
2002, may be transferred during fiscal year 2003 to an Indian forest
land assistance account established for the benefit of such tribe
within the tribe's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on September 30,
2003.
construction
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $184,404,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further, That
not to exceed 6 percent of contract authority available to the Bureau
of Indian Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable
basis: Provided further, That for fiscal year 2001, in implementing new
construction or facilities improvement and repair project grants in
excess of $100,000 that are provided to tribally controlled grant
schools under Public Law 100-297, as amended, the Secretary of the
Interior shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants shall not
be subject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required by 25
U.S.C. 2005(a), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements contained in
25 U.S.C. 2505(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $34,026,000, to remain available
until expended; of which $25,149,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618 and 102-575, and for implementation of
other enacted water rights settlements; of which $8,000,000 shall be
available for Tribal compact administration, economic development and
future water supplies facilities under Public Law 106-163; and of which
$877,000 shall be available pursuant to Public Laws 99-264 and 100-580.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $59,682,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $485,000.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts and grants, either directly or in cooperation with States and
other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
and the Indian Guaranteed Loan Program account) shall be available for
expenses of exhibits, and purchase of not to exceed 229 passenger motor
vehicles, of which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office operations, pooled
overhead general administration (except facilities operations and
maintenance), or provided to implement the recommendations of the
National Academy of Public Administration's August 1999 report shall be
available for tribal contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the provisions of
the Indian Self-Determination Act or the Tribal Self-Governance Act of
1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs for distribution to other
tribes, this action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to
support the operation of any elementary or secondary school in the
State of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995. Funds made available under this Act may not be used
to establish a charter school at a Bureau-funded school (as that term
is defined in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026)), except that a charter school that is in existence on the
date of the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau a pro-
rata share of funds to reimburse the Bureau for the use of the real and
personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of the State
in which the school is located if the charter school loses such
funding. Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims Act''). Not
later than June 15, 2001, the Secretary of the Interior shall evaluate
the effectiveness of Bureau-funded schools sharing facilities with
charter schools in the manner described in the preceding sentence and
prepare and submit a report on the finding of that evaluation to the
Committees on Appropriations of the Senate and of the House.
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $69,471,000, of which:
(1) $65,076,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as authorized by law (48
U.S.C. 1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and support of
governmental functions; grants to the Government of the Virgin Islands
as authorized by law; grants to the Government of Guam, as authorized
by law; and grants to the Government of the Northern Mariana Islands as
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $4,395,000
shall be available for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the General Accounting Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public Law 104-
134: Provided further, That of the amounts provided for technical
assistance, not to exceed $300,000 may be made available for transfer
to the Disaster Assistance Direct Loan Program Account of the Federal
Emergency Management Agency for the purpose of covering the cost of
forgiving a portion of the obligation of the Government of the Virgin
Islands to pay interest which has accrued on Community Disaster Loan
841 during fiscal year 2000, as required by section 504 of the
Congressional Budget Act of 1974, as amended (2 U.S.C. 661c): Provided
further, That of the amounts provided for technical assistance,
sufficient funding shall be made available for a grant to the Close Up
Foundation: Provided further, That of the amounts provided for
technical assistance, the amount of $700,000 shall be made available to
the Prior Service Benefits Trust Fund for its program of benefit
payments to individuals: Provided further, That none of this amount
shall be used for administrative expenses of the Prior Service Benefits
Trust Fund: Provided further, That the funds for the program of
operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure in American Samoa, Guam, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of Palau,
the Republic of the Marshall Islands, and the Federated States of
Micronesia through assessments of long-range operations maintenance
needs, improved capability of local operations and maintenance
institutions and agencies (including management and vocational
education training), and project-specific maintenance (with territorial
participation and cost sharing to be determined by the Secretary based
on the individual territory's commitment to timely maintenance of its
capital assets): Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, and for economic assistance and necessary expenses
for the Republic of Palau as provided for in sections 122, 221, 223,
232, and 233 of the Compact of Free Association, $20,745,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $62,406,000, of which not to exceed $8,500 may be for
official reception and representation expenses and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $40,196,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$26,086,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $82,428,000,
to remain available until expended: Provided, That funds for trust
management improvements may be transferred, as needed, to the Bureau of
Indian Affairs ``Operation of Indian Programs'' account and to the
Departmental Management ``Salaries and Expenses'' account: Provided
further, That funds made available to tribes and tribal organizations
through contracts or grants obligated during fiscal year 2001, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the enactment
of this Act, concerning losses to or mismanagement of trust funds,
until the affected tribe or individual Indian has been furnished with
an accounting of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least 18 months and has a
balance of $1.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the account holder.
indian land consolidation
For implementation of a program for consolidation of fractional
interests in Indian Lands and expenses associated with redetermining
and redistributing escalated interests in allotted lands by direct
expenditure or cooperative agreement, $5,000,000 to remain available
until expended and which may be transferred to the Bureau of Indian
Affairs and Departmental Management, of which not to exceed $500,000
shall be available for administrative expenses: Provided, That the
Secretary may enter into a cooperative agreement, which shall not be
subject to Public law 93-638, as amended, with a tribe having
jurisdiction over the reservation to implement the program to acquire
fractional interests on behalf of such tribe: Provided further, That
the Secretary may develop a reservation-wide system for establishing
the fair market value of various types of lands and improvements to
govern the amounts offered for acquisition of fractional interests:
Provided further, That acquisitions shall be limited to one or more
reservations as determined by the Secretary: Provided further, That
funds shall be available for acquisition of fractional interests in
trust or restricted lands with the consent of its owners and at fair
market value, and the Secretary shall hold in trust for such tribe all
interests acquired pursuant to this program: Provided further, That all
proceeds from any lease, resource sale contract, right-of-way or other
transaction derived from the fractional interests shall be credited to
this appropriation, and remain available until expended, until the
purchase price paid by the Secretary under this appropriation has been
recovered from such proceeds: Provided further, That once the purchase
price has been recovered, all subsequent proceeds shall be managed by
the Secretary for the benefit of the applicable tribe or paid directly
to the tribe.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990
(Public Law 101-380) (33 U.S.C. 2701 et seq.), and Public Law 101-337,
as amended (16 U.S.C. 19jj et seq.), $5,374,000, to remain available
until expended.
administrative provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no programs
funded with appropriated funds in the ``Departmental Management'',
``Office of the Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund or the Consolidated Working
Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within thirty days: Provided
further, That all funds used pursuant to this section are hereby
designated by Congress to be ``emergency requirements'' pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible: Provided
further, That such replenishment funds shall be used to reimburse, on a
pro rata basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C.
Code 4-204).
Sec. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued for
services or rentals for periods not in excess of 12 months beginning at
any time during the fiscal year.
Sec. 107. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore oil and natural
gas preleasing, leasing, and related activities, on lands within the
North Aleutian Basin planning area.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the eastern Gulf of
Mexico planning area for any lands located outside Sale 181, as
identified in the final Outer Continental Shelf 5-Year Oil and Gas
Leasing Program, 1997-2002.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 111. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.)
may be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
Sec. 112. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to develop
guidelines and permits for such activity appropriate to that unit.
Sec. 113. Refunds or rebates received on an on-going basis from a
credit card services provider under the Department of the Interior's
charge card programs, hereafter may be deposited to and retained
without fiscal year limitation in the Departmental Working Capital Fund
established under 43 U.S.C. 1467 and used to fund management
initiatives of general benefit to the Department of the Interior's
bureaus and offices as determined by the Secretary or his designee.
Sec. 114. Appropriations made in this title under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior
appropriations Acts made under the same headings, shall be available
for expenditure or transfer for Indian trust management activities
pursuant to the Trust Management Improvement Project High Level
Implementation Plan.
Sec. 115. Notwithstanding any provision of law, hereafter the
Secretary of the Interior is authorized to negotiate and enter into
agreements and leases, without regard to section 321 of chapter 314 of
the Act of June 30, 1932 (40 U.S.C. 303b), with any person, firm,
association, organization, corporation, or governmental entity for all
or part of the property within Fort Baker administered by the Secretary
as part of Golden Gate National Recreation Area. The proceeds of the
agreements or leases shall be retained by the Secretary and such
proceeds shall be available, without future appropriation, for the
preservation, restoration, operation, maintenance and interpretation
and related expenses incurred with respect to Fort Baker properties.
Sec. 116. A grazing permit or lease that expires (or is
transferred) during fiscal year 2001 may be renewed under section 402
of the Federal Land Policy and Management Act of 1976, as amended (43
U.S.C. 1752) or if applicable, sections 306 and 510 of the California
Desert Protection Act (16 U.S.C. 410aaa-50). The terms and conditions
contained in the expiring permit or lease may at the discretion of the
Secretary continue in effect under the new permit or lease until such
time as the Secretary of the Interior completes processing of such
permit or lease in compliance with all applicable laws and regulations,
at which time such permit or lease may be canceled, suspended or
modified, in whole or in part, to meet the requirements of such
applicable laws and regulations. Nothing in this section shall be
deemed to alter the Secretary's statutory authority.
Sec. 117. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter 10 of
title 25, United States Code, are deemed satisfied by a proceeding
conducted by an Indian probate judge, appointed by the Secretary
without regard to the provisions of title 5, United States Code,
governing the appointments in the competitive service, for such period
of time as the Secretary determines necessary: Provided, That the basic
pay of an Indian probate judge so appointed may be fixed by the
Secretary without regard to the provisions of chapter 51, and
subchapter III of chapter 53 of title 5, United States Code, governing
the classification and pay of General Schedule employees, except that
no such Indian probate judge may be paid at a level which exceeds the
maximum rate payable for the highest grade of the General Schedule,
including locality pay.
Sec. 118. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2001. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
Sec. 119. None of the funds in this Act may be used to establish a
new National Wildlife Refuge in the Kankakee River basin that is
inconsistent with the United States Army Corps of Engineers' efforts to
control flooding and siltation in that area. Written certification of
consistency shall be submitted to the House and Senate Committees on
Appropriations prior to refuge establishment.
Sec. 120. The Great Marsh Trail at the Mason Neck National Wildlife
Refuge in Virginia is hereby named for Joseph V. Gartlan, Jr. and shall
hereafter be referred to in any law, document, or records of the United
States as the ``Joseph V. Gartlan, Jr. Great Marsh Trail''.
Sec. 121. Funds appropriated for the Bureau of Indian Affairs for
postsecondary schools for fiscal year 2001 shall be allocated among the
schools proportionate to the unmet need of the schools as determined by
the Postsecondary Funding Formula adopted by the Office of Indian
Education Programs.
Sec. 122. The amounts other wise provided by this title are revised
by reducing the amount made available under the heading ``NATIONAL PARK
SERVICE--CONSTRUCTION'' by $9,000,000 and by increasing the amount made
available under the heading ``NATIONAL PARK SERVICE--LAND ACQUISITION
AND STATE ASSISTANCE'' for acquisition of lands or waters, or interests
therein, by $9,000,000.
Sec. 123. Any limitation imposed under this Act on funds made
available by this Act related to planning and management of national
monuments, or activities related to the Interior Columbia Basin
Ecosystem Management Plan shall not apply to any activity which is
otherwise authorized by law.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $224,966,000, to remain available until expended.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, cooperative forestry, and
education and land conservation activities and conducting an
international program as authorized, $197,337,000 (reduced by $500,000)
(increased by $500,000), to remain available until expended, as
authorized by law: Provided, That none of the funds appropriated or
otherwise made available by this Act or otherwise available to the
Secretary shall be used to carry out any activity related to the urban
resources partnership or similar or successor programs.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,207,545,000, to remain available
until expended, which shall include 50 percent of all moneys received
during prior fiscal years as fees collected under the Land and Water
Conservation Fund Act of 1965, as amended, in accordance with section 4
of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
available at the start of fiscal year 2001 shall be displayed by
extended budget line item in the fiscal year 2002 budget justification.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned-over National Forest System
lands and water, $614,343,000 (increased by $4,000,000), to remain
available until expended: Provided, That such funds are available for
repayment of advances from other appropriations accounts previously
transferred for such purposes: Provided further, That not less than 50
percent of any unobligated balances remaining (exclusive of amounts for
hazardous fuels reduction) at the end of fiscal year 2000 shall be
transferred, as repayment for post advances that have not been repaid,
to the fund established pursuant to section 3 of Public Law 71-319 (16
U.S.C. 576 et seq.): Provided further, That notwithstanding any other
provision of law, up to $4,000,000 of funds appropriated under this
appropriation may be used for Fire Science Research in support of the
Joint Fire Science Program: Provided further, That all authorities for
the use of funds, including the use of contracts, grants, and
cooperative agreements, available to execute the Forest Service and
Rangeland Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $424,466,000 (increased by $10,000,000), to remain
available until expended for construction, reconstruction, maintenance
and acquisition of buildings and other facilities, and for
construction, reconstruction, repair and maintenance of forest roads
and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and
23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the funds
provided herein for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided further,
That no funds shall be expended to decommission any system road until
notice and an opportunity for public comment has been provided on each
decommissioning project: Provided further, That any unobligated
balances of amounts previously appropriated to the Forest Service
``Construction'', ``Reconstruction and Construction'', or
``Reconstruction and Maintenance'' accounts as well as any unobligated
balances remaining in the ``National Forest System'' account for the
facility maintenance and trail maintenance extended budget line items
may be transferred to and merged with the ``Capital Improvement and
Maintenance'' account.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $50,000,000 (and in
addition $2,000,000, to be available to the Department of the Interior
for the acquisition of Cat Island, Mississippi), to be derived from the
Land and Water Conservation Fund, to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,068,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act of
December 4, 1967, as amended (16 U.S.C. 484a), to remain available
until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 132 passenger
motor vehicles of which 13 will be used primarily for law enforcement
purposes and of which 129 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such
vehicles; operation and maintenance of aircraft, the purchase of not to
exceed six for replacement only, and acquisition of sufficient aircraft
from excess sources to maintain the operable fleet at 192 aircraft for
use in Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein, pursuant to 7
U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the
National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for
debt collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions if and only if all previously appropriated emergency
contingent funds under the heading ``Wildland Fire Management'' have
been released by the President and apportioned.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance, education
and training, and cooperation with United States and international
organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by
the House and Senate Committees on Appropriations in compliance with
the reprogramming procedures contained in House Report No. 105-163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures
contained in House Report No. 105-163.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
Funds available to the Forest Service shall be available to conduct
a program of not less than $2,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93-408.
Of the funds available to the Forest Service, $1,500 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $1,250,000 may be
advanced in a lump sum as Federal financial assistance to the National
Forest Foundation, without regard to when the Foundation incurs
expenses, for administrative expenses or projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, That of the Federal funds made available to the Foundation,
no more than $200,000 shall be available for administrative expenses:
Provided further, That the Foundation shall obtain, by the end of the
period of Federal financial assistance, private contributions to match
on at least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer Federal
funds to a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds: Provided
further, That hereafter, the National Forest Foundation may hold
Federal funds made available but not immediately disbursed and may use
any interest or other investment income earned (before, on, or after
the date of the enactment of this Act) on Federal funds to carry out
the purposes of Public Law 101-593: Provided further, That such
investments may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
funds available to the Forest Service shall be available for matching
funds to the National Fish and Wildlife Foundation, as authorized by 16
U.S.C. 6201-3709, and shall be advanced in a lump sum as Federal
financial assistance within 60 days of the enactment of this Act,
without regard to when expenses are incurred, for projects on or
benefitting National Forest System lands or related to Forest Service
programs: Provided, That the Foundation shall obtain, by the end of the
period of Federal financial assistance, private contributions to match
on at least one-for-one basis funds advanced by the Forest Service:
Provided further, That the Foundation may transfer Federal funds to a
non-Federal recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System''
and ``Reconstruction and Construction'' accounts and planned to be
allocated to activities under the ``Jobs in the Woods'' program for
projects on National Forest land in the State of Washington may be
granted directly to the Washington State Department of Fish and
Wildlife for accomplishment of planned projects. 20 percent of said
funds shall be retained by the Forest Service for planning and
administering projects. Project selection and prioritization shall be
accomplished by the Forest Service with such consultation with the
State of Washington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that
a donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other
agency or office of the Department for more than 30 days unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
The Forest Service shall fund overhead, national commitments,
indirect expenses, and any other category for use of funds which are
expended at any units, that are not directly related to the
accomplishment of specific work on-the-ground (referred to as
``indirect expenditures''), from funds available to the Forest Service,
unless otherwise prohibited by law: Provided, That the Forest Service
shall implement and adhere to the definitions of indirect expenditures
established pursuant to Public Law 105-277 on a nationwide basis
without flexibility for modification by any organizational level except
the Washington Office, and when changed by the Washington Office, such
changes in definition shall be reported in budget requests submitted by
the Forest Service: Provided further, That the Forest Service shall
provide in all future budget justifications, planned indirect
expenditures in accordance with the definitions, summarized and
displayed to the Regional, Station, Area, and detached unit office
level. The justification shall display the estimated source and amount
of indirect expenditures, by expanded budget line item, of funds in the
agency's annual budget justification. The display shall include
appropriated funds and the Knutson-Vandenberg, Brush Disposal,
Cooperative Work-Other, and Salvage Sale funds. Changes between
estimated and actual indirect expenditures shall be reported in
subsequent budget justifications: Provided further, That during fiscal
year 2001 the Secretary shall limit total annual indirect obligations
from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg,
Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent
of the total obligations from each fund.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee
safety: Provided, That such amounts shall not exceed $500,000.
Section 551 of the Land Between the Lakes Protection Act of 1998
(16 U.S.C. 460lll-61) is amended by adding at the end the following new
subsection:
``(c) Transition.--Until September 30, 2002, the Secretary of
Agriculture may expend amounts appropriated or otherwise made available
to carry out this title in a manner consistent with the authorities
exercised by the Tennessee Valley Authority, before the transfer of the
Recreation Area to the administrative jurisdiction of the Secretary,
regarding procurement of property, services, supplies, and
equipment.''.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $67,000,000 (increased by $22,000,000) shall not be
available until October 1, 2001: Provided, That funds made available in
previous appropriations Acts shall be available for any ongoing project
regardless of the separate request for proposal under which the project
was selected.
energy resource, supply and efficiency
(including transfer of funds)
For necessary expenses in carrying out energy conservation
activities and for fossil energy research and development activities,
under the authority of the Department of Energy Organization Act
(Public Law 95-91), including the acquisition of interest, including
defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), performed under the minerals and materials science programs at
the Albany Research Center in Oregon, $1,139,611,000 (reduced by
$126,500,000) (reduced by $45,000,000) (increased by $20,000,000)
(increased by $3,500,000) (increased by $9,500,000) (increased by
$5,000,000) (increased by $7,000,000), to remain available until
expended, of which $2,000,000 shall be derived by transfer from
unobligated balances in the Biomass Energy Development account:
Provided, That $153,500,000 (increased by $23,500,000) shall be for use
in energy conservation programs as defined in section 3008(3) of Public
Law 99-509 (15 U.S.C. 4507): Provided further, That notwithstanding
section 3003(d)(2) of Public Law 99-509, such sums shall be allocated
to the eligible programs as follows: $120,000,000 (increased by
$20,000,000) for weatherization assistance grants and $33,500,000
(increased by $3,500,000) for State energy conservation grants:
Provided further, That no part of the sum herein made available shall
be used for the field testing of nuclear explosives in the recovery of
oil and gas.
alternative fuels production
(rescission)
Of the unobligated balances under this heading, $1,000,000 are
rescinded.
naval petroleum and oil shale reserves
The requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to
fiscal year 2001 and any fiscal year thereafter: Provided, That,
notwithstanding any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum and oil
shale reserve activities.
elk hills school lands fund
For necessary expenses in fulfilling the third installment payment
under the Settlement Agreement entered into by the United States and
the State of California on October 11, 1996, as authorized by section
3415 of Public Law 104-106, $36,000,000, to become available on October
1, 2001 for payment to the State of California for the State Teachers'
Retirement Fund from the Elk Hills School Lands Fund.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $1,992,000, to remain available until
expended.
strategic petroleum reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $157,000,000, to remain available until expended.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $72,368,000 (reduced by $2,000,000), to
remain available until expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made
to other agencies of the Government for the performance of work for
which the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State,
private or foreign: Provided, That revenues and other moneys received
by or for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects of the
Department appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing entities
as provided in appropriate cost-sharing contracts or agreements:
Provided further, That the remainder of revenues after the making of
such payments shall be covered into the Treasury as miscellaneous
receipts: Provided further, That any contract, agreement, or provision
thereof entered into by the Secretary pursuant to this authority shall
not be executed prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in session
because of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full comprehensive
report on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $2,084,178,000, (increased
by $22,000,000) together with payments received during the fiscal year
pursuant to 42 U.S.C. 238(b) for services furnished by the Indian
Health Service: Provided, That funds made available to tribes and
tribal organizations through contracts, grant agreements, or any other
agreements or compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be
obligated at the time of the grant or contract award and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That $12,000,000 shall remain
available until expended, for the Indian Catastrophic Health Emergency
Fund: Provided further, That $394,756,000 for contract medical care
shall remain available for obligation until September 30, 2002:
Provided further, That of the funds provided, up to $17,000,000 shall
be used to carry out the loan repayment program under section 108 of
the Indian Health Care Improvement Act: Provided further, That funds
provided in this Act may be used for 1-year contracts and grants which
are to be performed in 2 fiscal years, so long as the total obligation
is recorded in the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health and
Human Services under the authority of title IV of the Indian Health
Care Improvement Act shall remain available until expended for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian Health
Care Improvement Act (25 U.S.C. 1613) shall remain available for
obligation until September 30, 2002: Provided further, That amounts
received by tribes and tribal organizations under title IV of the
Indian Health Care Improvement Act shall be reported and accounted for
and available to the receiving tribes and tribal organizations until
expended: Provided further, That, notwithstanding any other provision
of law, of the amounts provided herein, not to exceed $228,781,000
shall be for payments to tribes and tribal organizations for contract
or grant support costs associated with contracts, grants, self-
governance compacts or annual funding agreements between the Indian
Health Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to or during
fiscal year 2001: Provided further, That funds available for the Indian
Health Care Improvement Fund may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $336,423,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities: Provided
further, That notwithstanding any provision of law governing Federal
construction, $240,000 of the funds provided herein shall be provided
to the Hopi Tribe to reduce the debt incurred by the Tribe in providing
staff quarters to meet the housing needs associated with the new Hopi
Health Center: Provided further, That not to exceed $500,000 shall be
used by the Indian Health Service to purchase TRANSAM equipment from
the Department of Defense for distribution to the Indian Health Service
and tribal facilities: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for demolition of
Federal buildings.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefore as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with the functions or activities for which
the appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities: Provided,
That in accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall be
available without fiscal year limitation: Provided further, That
notwithstanding any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian Health
Service shall be administered under Public Law 86-121 (the Indian
Sanitation Facilities Act) and Public Law 93-638, as amended: Provided
further, That funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That
notwithstanding any other provision of law, funds previously or herein
made available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or III of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450), may
be deobligated and reobligated to a self-determination contract under
title I, or a self-governance agreement under title III of such Act and
thereafter shall remain available to the tribe or tribal organization
without fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this Act shall be
used to implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human Services,
relating to the eligibility for the health care services of the Indian
Health Service until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the proposed
final rule, and such request has been included in an appropriations Act
and enacted into law: Provided further, That funds made available in
this Act are to be apportioned to the Indian Health Service as
appropriated in this Act, and accounted for in the appropriation
structure set forth in this Act: Provided further, That with respect to
functions transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to provide goods
and services to those entities, on a reimbursable basis, including
payment in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited to the
same or subsequent appropriation account which provided the funding,
said amounts to remain available until expended: Provided further, That
reimbursements for training, technical assistance, or services provided
by the Indian Health Service will contain total costs, including
direct, administrative, and overhead associated with the provision of
goods, services, or technical assistance: Provided further, That the
appropriation structure for the Indian Health Service may not be
altered without advance approval of the House and Senate Committees on
Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $8,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to five replacement passenger vehicles; purchase,
rental, repair, and cleaning of uniforms for employees, $375,230,000,
of which not to exceed $47,126,000 for the instrumentation program,
collections acquisition, Museum Support Center equipment and move,
exhibition reinstallation, the National Museum of the American Indian,
the repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain available
until expended, including such funds as may be necessary to support
American overseas research centers and of which $125,000 is for the
Council of American Overseas Research Centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations: Provided further, That the Smithsonian
Institution may expend Federal appropriations designated in this Act
for lease or rent payments for long term and swing space, as rent
payable to the Smithsonian Institution, and such rent payments may be
deposited into the general trust funds of the Institution to the extent
that federally supported activities are housed in the 900 H Street,
N.W. building in the District of Columbia: Provided further, That this
use of Federal appropriations shall not be construed as debt service, a
Federal guarantee of, a transfer of risk to, or an obligation of, the
Federal Government: Provided further, That no appropriated funds may be
used to service debt which is incurred to finance the costs of
acquiring the 900 H Street building or of planning, designing, and
constructing improvements to such building.
repair, restoration and alteration of facilities
For necessary expenses of repair, restoration, and alteration of
facilities owned or occupied by the Smithsonian 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 services
as authorized by 5 U.S.C. 3109, $47,900,000, to remain available until
expended: Provided, That contracts awarded for environmental systems,
protection systems, and repair or restoration of facilities of the
Smithsonian Institution may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well as price:
Provided further, That funds previously appropriated to the
``Construction and Improvements, National Zoological Park'' account,
the ``Repair and Restoration of Buildings'' account, and the ``Repair,
Rehabilitation and Alteration of Facilities'' account may be
transferred to and merged with this account.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to initiate
the design for any proposed expansion of current space or new facility
without consultation with the House and Senate Appropriations
Committees.
The Smithsonian Institution shall not use Federal funds in excess
of the amount specified in Public Law 101-185 for the construction of
the National Museum of the American Indian.
None of the funds in this or any other Act may be used for the Holt
House located at the National Zoological Park in Washington, D.C.,
unless identified as repairs to minimize water damage, monitor
structure movement, or provide interim structural support.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $61,279,000, of which not to exceed $3,026,000 for the special
exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $8,903,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $13,947,000.
construction
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $19,924,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
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
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$6,763,000.
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 the Humanities Act of 1965, as amended, $98,000,000, shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts through assistance to
organizations and individuals pursuant to sections 5(c) and 5(g) of the
Act, for program support, and for administering the functions of the
Act, to remain available until expended: Provided, That funds
previously appropriated to the National Endowment for the Arts
``Matching Grants'' account may be transferred to and merged with this
account.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $100,604,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
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,
$14,656,000, to remain available until expended, of which $10,259,000
shall be available to the National Endowment for the Humanities 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 amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Institute of Museum and Library Services
Office of Museum Services
grants and administration
For carrying out subtitle C of the Museum and Library Services Act
of 1996, as amended, $24,307,000, to remain available until expended.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $1,021,000: Provided, That the Commission is
authorized to charge fees to cover the full costs of its publications,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further
appropriation.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956(a)), as amended, $6,973,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,989,000: Provided,
That none of these funds shall be available for compensation of level V
of the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $6,288,000: Provided, That all appointed
members of the Commission will be compensated at a rate not to exceed
the daily equivalent of the annual rate for positions at level IV of
the Executive Schedule, for each day such member is engaged in the
actual performance of duties.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $33,161,000, of which
$1,575,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks
and Public Lands Management Act of 1996, $23,400,000 shall be available
to the Presidio Trust, to remain available until expended, of which up
to $1,040,000 may be for the cost of guaranteed loans, as authorized by
section 104(d) of the Act: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $200,000,000. The Trust is authorized
to issue obligations to the Secretary of the Treasury pursuant to
section 104(d)(3) of the Act, in an amount not to exceed $10,000,000.
TITLE III--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 limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, 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 Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. 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. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. 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 employee of
such department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(d) Effective Date.--The provisions of this section are applicable
in fiscal year 2000 and thereafter.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 2000.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal
of the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program, unless
the relevant agencies of the Department of the Interior and/or
Agriculture follow appropriate reprogramming guidelines: Provided, That
if no funds are provided for the AmeriCorps program by the Departments
of Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2001, then none of the funds appropriated
or otherwise made available by this Act may be used for the AmeriCorps
programs.
Sec. 311. None of the funds made available in this Act may be used:
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is
made known to the Federal official having authority to obligate or
expend such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 312. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
claims, as the case may be, were fully complied with by the applicant
by that date.
(c) Report.--On September 30, 2001, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims
or mill sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 313. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau of
Indian Affairs and the Indian Health Service by Public Laws 103-138,
103-332, 104-134, 104-208, 105-83, 105-277, and 106-113 for payments to
tribes and tribal organizations for contract support costs associated
with self-determination or self-governance contracts, grants, compacts,
or annual funding agreements with the Bureau of Indian Affairs or the
Indian Health Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 2000 for such purposes, except
that, for the Bureau of Indian Affairs, tribes and tribal organizations
may use their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, self-governance compacts or annual funding
agreements.
Sec. 314. Notwithstanding any other provision of law, for fiscal
year 2001 the Secretaries of Agriculture and the Interior are
authorized to limit competition for watershed restoration project
contracts as part of the ``Jobs in the Woods'' component of the
President's Forest Plan for the Pacific Northwest, or the Jobs in the
Woods Program established in Region 10 of the Forest Service to
individuals and entities in historically timber-dependent areas in the
States of Washington, Oregon, northern California and Alaska that have
been affected by reduced timber harvesting on Federal lands.
Sec. 315. None of the funds collected under the Recreational Fee
Demonstration program may be used to plan, design, or construct a
visitor center or any other permanent structure without prior approval
of the House and the Senate Committees on Appropriations if the
estimated total cost of the facility exceeds $500,000.
Sec. 316. All interests created under leases, concessions, permits
and other agreements associated with the properties administered by the
Presidio Trust, hereafter shall be exempt from all taxes and special
assessments of every kind by the State of California and its political
subdivisions.
Sec. 317. None of the funds made available in this or any other Act
for any fiscal year may be used to designate, or to post any sign
designating, any portion of Canaveral National Seashore in Brevard
County, Florida, as a clothing-optional area or as an area in which
public nudity is permitted, if such designation would be contrary to
county ordinance.
Sec. 318. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 319. The National Endowment for the Arts and the National
Endowment for the Humanities are authorized to solicit, accept,
receive, and invest in the name of the United States, gifts, bequests,
or devises of money and other property or services and to use such in
furtherance of the functions of the National Endowment for the Arts and
the National Endowment for the Humanities. Any proceeds from such
gifts, bequests, or devises, after acceptance by the National Endowment
for the Arts or the National Endowment for the Humanities, shall be
paid by the donor or the representative of the donor to the Chairman.
The Chairman shall enter the proceeds in a special interest-bearing
account to the credit of the appropriate endowment for the purposes
specified in each case.
Sec. 320. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 321. No part of any appropriation contained in this Act shall
be expended or obligated to fund new revisions of national forest land
management plans until new final or interim final rules for forest land
management planning are published in the Federal Register. Those
national forests which are currently in a revision process, having
formally published a Notice of Intent to revise prior to October 1,
1997; those national forests having been court-ordered to revise; those
national forests where plans reach the 15 year legally mandated date to
revise before or during calendar year 2001; national forests within the
Interior Columbia Basin Ecosystem study area; and the White Mountain
National Forest are exempt from this section and may use funds in this
Act and proceed to complete the forest plan revision in accordance with
current forest planning regulations.
Sec. 322. No part of any appropriation contained in this Act shall
be expended or obligated to complete and issue the 5-year program under
the Forest and Rangeland Renewable Resources Planning Act.
Sec. 323. None of the funds in this Act may be used to support
Government-wide administrative functions unless such functions are
justified in the budget process and funding is approved by the House
and Senate Committees on Appropriations.
Sec. 324. Notwithstanding any other provision of law, none of the
funds in this Act may be used for GSA Telecommunication Centers or the
President's Council on Sustainable Development.
Sec. 325. None of the funds in this Act may be used for planning,
design or construction of improvements to Pennsylvania Avenue in front
of the White House without the advance approval of the House and Senate
Committees on Appropriations.
Sec. 326. Amounts deposited during fiscal year 2000 in the roads
and trails fund provided for in the fourteenth paragraph under the
heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843;
16 U.S.C. 501), shall be used by the Secretary of Agriculture, without
regard to the State in which the amounts were derived, to repair or
reconstruct roads, bridges, and trails on National Forest System lands
or to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of roads,
bridges, and trails on National Forest System lands in the wildland-
community interface where there is an abnormally high risk of fire. The
projects shall emphasize reducing risks to human safety and public
health and property and enhancing ecological functions, long-term
forest productivity, and biological integrity. The Secretary shall
commence the projects during fiscal year 2001, but the projects may be
completed in a subsequent fiscal year. Funds shall not be expended
under this section to replace funds which would otherwise appropriately
be expended from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environmental law.
Sec. 327. None of the funds provided in this or previous
appropriations Acts for the agencies funded by this Act or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be transferred to and used to fund personnel, training, or other
administrative activities of the Council on Environmental Quality or
other offices in the Executive Office of the President for purposes
related to the American Heritage Rivers program.
Sec. 328. Other than in emergency situations, none of the funds in
this Act may be used to operate telephone answering machines during
core business hours unless such answering machines include an option
that enables callers to reach promptly an individual on-duty with the
agency being contacted.
Sec. 329. No timber sale in Region 10 shall be advertised if the
indicated rate is deficit when appraised under the transaction evidence
appraisal system using domestic Alaska values for western red cedar:
Provided, That sales which are deficit when appraised under the
transaction evidence appraisal system using domestic Alaska values for
western red cedar may be advertised upon receipt of a written request
by a prospective, informed bidder, who has the opportunity to review
the Forest Service's cruise and harvest cost estimate for that timber.
Program accomplishments shall be based on volume sold. Should Region 10
sell, in fiscal year 2001, the annual average portion of the decadal
allowable sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised under the
transaction evidence appraisal system using domestic Alaska values for
western red cedar, all of the western red cedar timber from those sales
which is surplus to the needs of domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48 United
States at prevailing domestic prices. Should Region 10 sell, in fiscal
year 2001, less than the annual average portion of the decadal
allowable sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised under the
transaction evidence appraisal system using domestic Alaska values for
western red cedar, the volume of western red cedar timber available to
domestic processors at prevailing domestic prices in the contiguous 48
United States shall be that volume: (1) which is surplus to the needs
of domestic processors in Alaska; and (2) is that percent of the
surplus western red cedar volume determined by calculating the ratio of
the total timber volume which has been sold on the Tongass to the
annual average portion of the decadal allowable sale quantity called
for in the current Tongass Land Management Plan. The percentage shall
be calculated by Region 10 on a rolling basis as each sale is sold (for
purposes of this amendment, a ``rolling basis'' shall mean that the
determination of how much western red cedar is eligible for sale to
various markets shall be made at the time each sale is awarded).
Western red cedar shall be deemed ``surplus to the needs of domestic
processors in Alaska'' when the timber sale holder has presented to the
Forest Service documentation of the inability to sell western red cedar
logs from a given sale to domestic Alaska processors at price equal to
or greater than the log selling value stated in the contract. All
additional western red cedar volume not sold to Alaska or contiguous 48
United States domestic processors may be exported to foreign markets at
the election of the timber sale holder. All Alaska yellow cedar may be
sold at prevailing export prices at the election of the timber sale
holder.
Sec. 330. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the
Senate for advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and which has
not entered into force pursuant to article 25 of the Protocol.
Sec. 331. Notwithstanding any other provision of law, none of the
funds in this Act may be used to enter into any new or expanded self-
determination contract or grant or self-governance compact pursuant to
the Indian Self-Determination Act of 1975, as amended, for any
activities not previously covered by such contracts, compacts or
grants. Nothing in this section precludes the continuation of those
specific activities for which self-determination and self-governance
contracts, compacts and grants currently exist or the renewal of
contracts, compacts and grants for those activities or compliance with
25 U.S.C. 2005.
Sec. 332. In fiscal years 2001 through 2005, the Secretaries of the
Interior and Agriculture may pilot test joint permitting and leasing
programs, subject to annual review of Congress, and promulgate special
rules as needed to test the feasibility of issuing unified permits,
applications, and leases. The Secretaries of the Interior and
Agriculture may make reciprocal delegations of their respective
authorities, duties and responsibilities in support of the ``Service
First'' initiative to promote customer service and efficiency. Nothing
herein shall alter, expand or limit the applicability of any public law
or regulation to lands administered by the Bureau of Land Management or
the Forest Service.
Sec. 333. Federal and State Cooperative Watershed Restoration and
Protection in Colorado. (a) Use of Colorado State Forest Service.--
Until September 30, 2004, the Secretary of Agriculture, via cooperative
agreement or contract (including sole source contract) as appropriate,
may permit the Colorado State Forest Service to perform watershed
restoration and protection services on National Forest System lands in
the State of Colorado when similar and complementary watershed
restoration and protection services are being performed by the State
Forest Service on adjacent State or private lands. The types of
services that may be extended to National Forest System lands include
treatment of insect infected trees, reduction of hazardous fuels, and
other activities to restore or improve watersheds or fish and wildlife
habitat across ownership boundaries.
(b) State as Agent.--Except as provided in subsection (c), a
cooperative agreement or contract under subsection (a) may authorize
the State Forester of Colorado to serve as the agent for the Forest
Service in providing all services necessary to facilitate the
performance of watershed restoration and protection services under
subsection (a). The services to be performed by the Colorado State
Forest Service may be conducted with subcontracts utilizing State
contract procedures. Subsections (d) and (g) of section 14 of the
National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply
to services performed under a cooperative agreement or contract under
subsection (a).
(c) Retention of NEPA Responsibilities.--With respect to any
watershed restoration and protection services on National Forest System
lands proposed for performance by the Colorado State Forest Service
under subsection (a), any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may
not be delegated to the State Forester of Colorado or any other officer
or employee of the Colorado State Forest Service.
Sec. 334. None of the funds made available under this Act may be
used to issue a record of decision or any policy implementing the
Interior Columbia Basin Ecosystem Management Project not prepared
pursuant to law as set forth in chapter 6 of title 5, United States
Code.
Sec. 335. None of the funds provided in this Act, for the agencies
funded by this Act, shall be expended for the purposes of design,
planning or management of Federal Lands as National Monuments that are
designated as National Monuments under the 1906 Antiquities Act, since
1999.
TITLE IV--FISCAL YEAR 2000 EMERGENCY SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
For an additional amount in fiscal year 2000 for ``Wildland Fire
Management'', $200,000,000, to remain available until expended, for
emergency rehabilitation and wildfire suppression activities: Provided,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That this amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount as an emergency requirement as defined by such
Act, is transmitted by the President to the Congress.
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
For an additional amount in fiscal year 2000 for ``Wildland Fire
Management'', $150,000,000, to remain available until expended, for
emergency rehabilitation, presuppression, and wildfire suppression:
Provided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That this amount shall be available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount as an emergency requirement as defined
by such Act, is transmitted by the President to the Congress.
TITLE V--ADDITIONAL GENERAL PROVISIONS
Sec. 501. None of the funds appropriated or otherwise made
available by this Act to the Forest Service may be used--
(1) to purchase a motor vehicle for the use of Forest
Service personnel that is painted in the base color identified
as Federal Standard 595, color chip no. 14260, or painted in
any other base color, except the color white as made available
by the manufacturer; or
(2) to paint any Forest Service motor vehicle in any base
color other than white.
Sec. 502. None of the funds appropriated or otherwise made
available by this Act may be used by the Bureau of Land Management, the
National Park Service, or the Forest Service to conduct a prescribed
burn of Federal land for which the Federal agency has not implemented
all provisions of the memorandum containing the Federal Wildland Fire
Policy accepted and endorsed by the Secretary of Agriculture and the
Secretary of the Interior in December 1995.
Sec. 503. None of the funds made available in this Act shall be
used to implement section 123 of this Act except for activities related
to planning and management of national monuments.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2001''.
Passed the House of Representatives June 16 (legislative
day, June 15), 2000.
Attest:
Clerk.