[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2217 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                H. R. 2217

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2002, 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, 2002, 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)), $768,711,000, to 
remain available until expended, of which $1,000,000 is for high 
priority projects which shall be carried out by the Youth Conservation 
Corps, defined in section 250(c)(4)(E)(xii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, for the purposes of 
such Act; of which $2,225,000 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 $3,000,000 shall be available in 
fiscal year 2002 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, $32,298,000 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 $768,711,000, 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: Provided further, 
That of the amount provided, $28,000,000 is for ``Federal 
Infrastructure Improvement'', defined in section 250(c)(4)(E)(xiv) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, for the purposes of such Act: Provided further, That fiscal 
year 2001 balances in the Federal Infrastructure Improvement account 
for the Bureau of Land Management shall be transferred to and merged 
with this appropriation, and shall remain available until expended.

                        wildland fire management

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $700,806,000, to remain available until expended, of 
which not to exceed $19,774,000 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: 
Provided further, That using the amounts designated under this title of 
this Act, the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous fuels 
reduction activities, and for training and monitoring associated with 
such hazardous fuels reduction activities, on Federal land, or on 
adjacent non-Federal land for activities that benefit resources on 
Federal land: Provided further, That the costs of implementing any 
cooperative agreement between the Federal government and any non-
Federal entity may be shared, as mutually agreed on by the affected 
parties: Provided further, That in entering into such grants or 
cooperative agreements, the Secretary may consider the enhancement of 
local and small business employment opportunities for rural 
communities, and that in entering into procurement contracts under this 
section on a best value basis, the Secretary may take into account the 
ability of an entity to enhance local and small business employment 
opportunities in rural communities, and that the Secretary may award 
procurement contracts, grants, or cooperative agreements under this 
section to entities that include local non-profit entities, Youth 
Conservation Corps or related partnerships, or small or disadvantaged 
businesses: Provided further, That funds appropriated under this head 
may be used to reimburse the United States Fish and Wildlife Service 
and the National Marine Fisheries Service for the costs of carrying out 
their responsibilities under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) to consult and conference, as required by section 
7 of such Act in connection with wildland fire management activities.

                    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.), 
$9,978,000, 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, $11,076,000, 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), $200,000,000, of which not to exceed 
$400,000 shall be available for administrative expenses and of which 
$50,000,000 is for the conservation activities defined in section 
250(c)(4)(E)(xiii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, for the purposes of such Act: 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, $47,686,000, to be derived 
from the Land and Water Conservation Fund, to remain available until 
expended, and to be for the conservation activities defined in section 
250(c)(4)(E)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, for the purposes of such Act.

                   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; 
$105,165,000, 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 her 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, Provided further, 
That sections 28f and 28g of title 30, United States Code, are amended:
            (1) In section 28f(a), by striking the first sentence and 
        inserting, ``The holder of each unpatented mining claim, mill, 
        or tunnel site, located pursuant to the mining laws of the 
        United States, whether located before, on or after the 
        enactment of this Act, shall pay to the Secretary of the 
        Interior, on or before September 1, 2002, a claim maintenance 
        fee of $100 per claim or site.''; and
            (2) In section 28g, by striking ``and before September 30, 
        2001'' and inserting in lieu thereof ``and before September 30, 
        2002''.

                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, $839,852,000, to remain available until September 30, 
2003, except as otherwise provided herein, of which $28,000,000 is for 
``Federal Infrastructure Improvement'', defined in section 
250(c)(4)(E)(xiv) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, for the purposes of such Act: Provided, That 
fiscal year 2001 balances in the Federal Infrastructure Improvement 
account for the United States Fish and Wildlife Service shall be 
transferred to and merged with this appropriation, and shall remain 
available until expended: Provided further, That 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 further, That $2,000,000 is for high priority 
projects which shall be carried out by the Youth Conservation Corps 
defined in section 250(c)(4)(E) (xii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, for the purposes of 
such Act: Provided further, That not to exceed $8,476,000 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)), of which not to exceed $6,000,000 shall be used for any 
activity regarding the designation of critical habitat, pursuant to 
subsection (a)(3), for species already listed pursuant to subsection 
(a)(1) as of the date of enactment this Act: 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 her 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; 
$48,849,000, 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, $104,401,000, to be 
derived from the Land and Water Conservation Fund, to remain available 
until expended, and to be for the conservation activities defined in 
section 250(c)(4)(E)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, for the purposes of such Act: 
Provided, That none of the funds appropriated for specific land 
acquisition projects can be used to pay for any administrative 
overhead, planning or other management costs.

                      landowner incentive program

    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 private conservation efforts to be 
carried out on private lands, $50,000,000, to be derived from the Land 
and Water Conservation Fund, to remain available until expended, and to 
be for conservation spending category activities pursuant to section 
251(c) of the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, for the purposes of discretionary spending limits: 
Provided, That, hereafter, ``Fish and Wildlife Service Landowner 
Incentive Program'' shall be considered to be within the ``State and 
Other Conservation sub-category'' in section 250(c)(4)(G) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the amount provided herein is for a Landowner 
Incentive Program established by the Secretary that provides matching, 
competitively awarded grants to States, the District of Columbia, 
Tribes, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, and American Samoa, to establish, or 
supplement existing, landowner incentive programs that provide 
technical and financial assistance, including habitat protection and 
restoration, to private landowners for the protection and management of 
habitat to benefit federally listed, proposed, or candidate species, or 
other at-risk species on private lands.

                           stewardship grants

    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 private conservation efforts to be 
carried out on private lands, $10,000,000, to be derived from the Land 
and Water Conservation Fund, to remain available until expended, and to 
be for conservation spending category activities pursuant to section 
251(c) of the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, for the purposes of discretionary spending limits: 
Provided, That hereafter, ``Fish and Wildlife Service Stewardship 
Grants'' shall be considered to be within the ``State and Other 
Conservation sub-category'' in section 250(c)(4)(G) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That the amount provided herein is for the Secretary to 
establish a Private Stewardship Grants Program to provide grants and 
other assistance to individuals and groups engaged in private 
conservation efforts that benefit federally listed, proposed, or 
candidate species, or other at-risk species.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $107,000,000, to 
be derived from the Cooperative Endangered Species Conservation Fund, 
to remain available until expended, and to be for the conservation 
activities defined in section 250(c)(4)(E)(v) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended, for the purposes 
of such Act.

                     national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $16,414,000, of which $5,000,000 is for conservation 
spending category activities pursuant to section 251(c) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, for the 
purposes of discretionary spending limits: Provided, That, hereafter, 
``Fish and Wildlife Service National Wildlife Refuge Fund'' shall be 
considered to be within the ``Payments in Lieu of Taxes sub-category'' 
in section 250(c)(4)(I) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

               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, 
$45,000,000, to remain available until expended, and to be for the 
conservation activities defined in section 250(c)(4)(E)(vi) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
for the purposes of such Act: Provided, That, notwithstanding any other 
provision of law, amounts in excess of funds provided in fiscal year 
2001 shall be used only for projects in the United States.

                neotropical migratory bird conservation

    For financial assistance for projects to promote the conservation 
of neotropical migratory birds in accordance with the Neotropical 
Migratory Bird Conservation Act, Public Law 106-247 (16 U.S.C. 6101-
6109), $5,000,000, to remain available until expended, and to be for 
conservation spending category activities pursuant to section 251(c) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, for the purposes of discretionary spending limits: Provided, 
That, hereafter, ``Fish and Wildlife Service Neotropical Migratory Bird 
Conservation'' shall be considered to be within the ``State and Other 
Conservation sub-category'' in section 250(c)(4)(G) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                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), the Rhinoceros and Tiger Conservation Act of 
1994 (16 U.S.C. 5301-5306), and the Great Ape Conservation Act of 2000 
(16 U.S.C. 6301), $4,000,000, to remain available until expended: 
Provided, That funds made available under this Act, Public Law 106-291, 
and Public Law 106-554 and hereafter in annual approprations Acts for 
rhinoceros, tiger, Asian elephant, and great ape 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).

                         state wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, and American Samoa, under the provisions of 
the Fish and Wildlife Act of 1956 and the Fish and Wildlife 
Coordination Act, for the development and implementation of programs 
for the benefit of wildlife and their habitat, including species that 
are not hunted or fished, $100,000,000, to be derived from the Land and 
Water Conservation Fund, to remain available until expended, and to be 
for the conservation activities defined in section 250(c)(4)(E)(vii) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, for the purposes of such Act: Provided, That the Secretary 
shall, after deducting administrative expenses, apportion the amount 
provided herein in the following manner: (A) to the District of 
Columbia and to the Commonwealth of Puerto Rico, each a sum equal to 
not more than one-half of 1 percent thereof: and (B) to Guam, American 
Samoa, the United States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary shall 
apportion the remaining amount in the following manner: 30 percent 
based on the ratio to which the land area of such State bears to the 
total land area of all such States; and 70 percent based on the ratio 
to which the population of such State bears to the total population of 
the United States, based on the 2000 United States Census; and the 
amounts so apportioned shall be adjusted equitably so that no State 
shall be apportioned a sum which is less than 1 percent of the total 
amount available for apportionment or more than 10 percent: Provided 
further, That the Federal share of planning grants shall not exceed 75 
percent of the total costs of such projects and the Federal share of 
implementation grants shall not exceed 50 percent of the total costs of 
such projects: Provided further, That the non-Federal share of such 
projects may not be derived from Federal grant programs: Provided 
further, That no State, territory, or other jurisdiction shall receive 
a grant unless it has developed, or committed to develop by October 1, 
2005, a comprehensive wildlife conservation plan, consistent with 
criteria established by the Secretary of the Interior, that considers 
the broad range of the State, territory, or other jurisdiction's 
wildlife and associated habitats, with appropriate priority placed on 
those species with the greatest conservation need and taking into 
consideration the relative level of funding available for the 
conservation of those species: Provided further, That any amount 
apportioned in 2002 to any State, territory, or other jurisdiction that 
remains unobligated as of September 30, 2003, shall be reapportioned, 
together with funds appropriated in 2004, in the manner provided 
herein.

                         tribal wildlife grants

    For wildlife conservation grants to tribes under the provisions of 
the Fish and Wildlife Act of 1956 and the Fish and Wildlife 
Coordination Act, for the development and implementation of programs 
for the benefit of wildlife and their habitat, including species that 
are not hunted or fished, $5,000,000, to be derived from the Land and 
Water Conservation Fund and to remain available until expended, and to 
be for conservation spending category activities pursuant to section 
251(c) of the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, for the purposes of discretionary spending limits: 
Provided, That, hereafter, ``Fish and Wildlife Service Tribal Wildlife 
Grants'' shall be considered to be within the ``State and Other 
Conservation sub-category'' in section 250(c)(4)(G) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                       administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 74 
passenger motor vehicles, of which 69 are for replacement only 
(including 32 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, $1,480,336,000, of which $10,869,000 for 
research, planning and interagency coordination in support of land 
acquisition for Everglades restoration shall remain available until 
expended, and of which $75,349,000, to remain available until expended, 
is for maintenance repair or rehabilitation projects for constructed 
assets, operation of the National Park Service automated facility 
management software system, and comprehensive facility condition 
assessments; and of which $2,000,000 is for the Youth Conservation 
Corps, defined in section 250(c)(4)(E)(xii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, for the purposes of 
such Act, for high priority projects: Provided, That the only funds in 
this account which may be made available to support United States Park 
Police are those funds approved for emergency law and order incidents 
pursuant to established National Park Service procedures and those 
funds needed to maintain and repair United States Park Police 
administrative facilities: Provided further, That park areas may 
reimburse the United States Park Police account for the unbudgeted 
overtime and travel costs associated with special events for an amount 
not to exceed $10,000 per event subject to the review and concurrence 
of the Washington headquarters office: Provided further, That none of 
the funds in this or any other Act may be used to fund a new Associate 
Director position for Partnerships.

                       united states park police

    For expenses necessary to carry out the programs of the United 
States Park Police, $65,260,000.

                   contribution for annuity benefits

    For reimbursement pursuant to provisions of Public Law 85-157, to 
the District of Columbia on a monthly basis, for benefit payments by 
the District of Columbia to United States Park Police annuitants under 
the provisions of the Policeman and Fireman's Retirement and Disability 
Act, to the extent those payments exceed contributions made by active 
Park Police members covered under the Act, such amounts as hereafter 
may be necessary: Provided, That hereafter, appropriations made to the 
National Park Service shall not be available for this purpose.

                  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, $51,804,000.

                     urban park and recreation fund

    For expenses necessary to carry out the provisions of the Urban 
Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), 
$30,000,000, to remain available until expended, and to be for the 
conservation activities defined in section 250(c)(4)(E)(x) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
for the purposes of such Act.

                       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), $77,000,000, 
to be derived from the Historic Preservation Fund, to remain available 
until September 30, 2003, and to be for the conservation activities 
defined in section 250(c)(4)(E)(xi) of the Balanced Budget and 
Emergency Deficit Control Control Act of 1985, as amended, for the 
purposes of such Act: Provided, That, of the amount provided herein, 
$5,000,000, to remain available until expended, is for a grant for the 
perpetual care and maintenance of National Trust Historic Sites, as 
authorized under 16 U.S.C. 470a(e)(2), to be made available in full 
upon signing of a grant agreement: Provided further, That, 
notwithstanding any other provision of law, these funds shall be 
available for investment with the proceeds to be used for the same 
purpose as set out herein: Provided further, That of the total amount 
provided, $30,000,000 shall be for Save America's Treasures for 
priority preservation projects, including preservation of intellectual 
and cultural artifacts, preservation of historic structures and sites, 
and buildings to house cultural and historic resources and to provide 
educational opportunities: Provided further, That any individual Save 
America's Treasures grant shall be matched by non-Federal funds: 
Provided further, That individual projects shall only be eligible for 
one grant, and all projects to be funded shall be approved by the House 
and Senate Committees on Appropriations prior to the commitment of 
grant funds: Provided further, That Save America's Treasures funds 
allocated for Federal projects shall be available by transfer to 
appropriate accounts of individual agencies, after approval of such 
projects by the Secretary of the Interior: Provided further, That none 
of the funds provided for Save America's Treasures may be used for 
administrative expenses, and staffing for the program shall be 
available from the existing staffing levels in the National Park 
Service 2003.

                              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, 
$349,249,000, of which $50,000,000 is for ``Federal Infrastructure 
Improvement'', defined in section 250(c)(4)(E)(xiv) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, for the 
purposes of such Act.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2002 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, $261,036,000, to be derived from the Land 
and Water Conservation Fund, to remain available until expended, and to 
be for the conservation activities defined in section 250(c)(4)(E)(iii) 
of the Balanced Budget and Emergency Deficit Control of 1985, as 
amended, for the purposes of such Act, of which $154,000,000 is for the 
State assistance program including $4,000,000 to administer the State 
assistance program: Provided, That of the amounts provided under this 
heading, $16,000,000 may be for Federal grants 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, including the areas known as the Frog Pond, the 
Rocky Glades and 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; and $20,000,000 
may be for project modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act: 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: Provided 
further, That none of the funds provided for the State Assistance 
program may be used to establish a contingency fund.

                       administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 315 passenger motor vehicles, of which 
256 shall be for replacement only, including not to exceed 237 for 
police-type use, 11 buses, and 8 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 3 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.
    Notwithstanding any other provision of law, the National Park 
Service may convey a leasehold or freehold interest in Cuyahoga NP to 
allow for the development of utilities and parking needed to support 
the historic Everett Church in the village of Everett, Ohio.

                    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; $900,489,000, of which $64,318,000 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 
$18,942,000 shall be available until September 30, 2003 for the 
operation and maintenance of facilities and deferred maintenance; and 
of which $163,461,000 shall be available until September 30, 2003 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 of the amount provided herein, 
$25,000,000 is for the conservation activities defined in section 
250(c)(4)(viii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, for the purposes of such Act: 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; 
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, $149,867,000, of which 
$83,344,000, shall be available for royalty management activities; and 
an amount not to exceed $102,730,000, 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 
$102,730,000 in additions to receipts are not realized from the sources 
of receipts stated above, the amount needed to reach $102,730,000 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, 2003: 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 or 
upstream pooling points, and to process or otherwise dispose 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 the existing royalty-in-value program, including the royalty 
valuation procedures established by the final rule published by the 
Minerals Management Service on March 15, 2000 (65 Fed. Reg. 14022 et 
seq.).

                           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, $6,105,000, 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; $102,900,000: Provided, That the 
Secretary of the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected in fiscal year 2002 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, $203,554,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $10,000,000, 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 2002: 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, 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 (Act), an additional $500,000 will be specifically 
used for the purpose of conducting a demonstration project in 
accordance with section 401(c)(6) of the Act to determine the efficacy 
of improving water quality by removing metals from eligible waters 
polluted by acid mine drainage.

                        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, $1,790,781,000, to remain 
available until September 30, 2003 except as otherwise provided herein, 
of which not to exceed $89,864,000 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 $130,209,000 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 2002, 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 up to $3,000,000 shall be 
for the Indian Self-Determination Fund which shall be available for the 
transitional cost of initial or expanded tribal contracts, grants, 
compacts or cooperative agreements with the Bureau under such Act; and 
of which not to exceed $436,427,000 for school operations costs of 
Bureau-funded schools and other education programs shall become 
available on July 1, 2002, and shall remain available until September 
30, 2003; and of which not to exceed $58,394,000 shall remain available 
until expended for housing improvement, road maintenance, attorney 
fees, litigation support, 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 $43,065,000 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, 2003, may be transferred during fiscal 
year 2004 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, 2004.

                              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, $357,132,000, 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 2002, 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): Provided further, That 
notwithstanding any other provision of law, not to exceed $450,000 in 
collections from settlements between the United States and contractors 
concerning the Dunseith Day School are to be made available for school 
construction in fiscal year 2002 and thereafter.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $60,949,000, to remain available 
until expended; of which $24,870,000 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 $7,950,000 shall be 
available for future water supplies facilities under Public Law 106-
163; of which $21,875,000 shall be available pursuant to Public Laws 
99-264, 100-580, 106-263, 106-425, 106-554, and 106-568; and of which 
$6,254,000 shall be available for the consent decree entered by the 
United States District Court, Western District of Michigan in United 
States v. Michigan, Case No. 2:73 CV 26.

                 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 $75,000,000.
    In addition, for administrative expenses to carry out the 
guaranteed loan programs, $486,000.

                       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, U.S.C. 
(commonly known as the ``Federal Tort Claims Act'').

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $72,289,000, of which: 
(1) $67,761,000 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) $4,528,000 
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 funds provided herein for American 
Samoa government operations, the Secretary is directed to use up to 
$20,000 to increase compensation of the American Samoa High Court 
Justices: Provided further, That of the amounts provided for technical 
assistance, not to exceed $1,339,000 shall be made available for 
transfer to the Disaster Assistance Direct Loan Financing Account of 
the Federal Emergency Management Agency for the purpose of covering the 
cost of forgiving the repayment obligation of the Government of the 
Virgin Islands on Community Disaster Loan 841, as required by section 
504 of the Congressional Budget Act of 1974, as amended (2 U.S.C. 
661c): Provided further, That to the extent that the cost of forgiving 
the repayment obligation exceeds the $1,339,000 provided in this Act, 
the Secretary of the Interior shall transfer up to $2,161,000 of 
unexpended appropriations for United States Virgin Islands construction 
grants provided pursuant to Public Law 102-154 to the Federal Emergency 
Management Agency to meet the full costs associated with forgiveness of 
the Hurricane Hugo Community Disaster Loan: 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 the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine operations and 
maintenance improvement of capital infrastructure (with territorial 
participation and cost sharing to be determined by the Secretary based 
on the grantees 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, $23,245,000, 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, $64,177,000 (reduced by $9,000,000), of which not to exceed 
$8,500 may be for official reception and representation expenses, 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, $45,000,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$30,490,000.

             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, $99,224,000, 
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 2002, 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 consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing escheated 
interests in allotted lands, and for necessary expenses to carry out 
the Indian Land Consolidation Act of 1983, as amended, by direct 
expenditure or cooperative agreement, $10,980,000, to remain available 
until expended and which may be transferred to the Bureau of Indian 
Affairs and Departmental Management.

           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.), $5,497,000, 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 30 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 12, 1998, in the areas of northern, 
central, and southern California; the North Atlantic; Washington and 
Oregon; 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. Appropriations made in this Act 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. 114. A grazing permit or lease that expires (or is 
transferred) during fiscal year 2002 shall 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, section 510 of the California Desert 
Protection Act (16 U.S.C. 410aaa-50). The terms and conditions 
contained in the expiring permit or lease shall 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. 115. 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. 116. 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 
2002. Under circumstances of dual enrollment, overlapping service areas 
or inaccurate distribution methodologies, the 10 percent limitation 
does not apply.
    Sec. 117. 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. 118. Funds appropriated for the Bureau of Indian Affairs for 
postsecondary schools for fiscal year 2002 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. 119. (a) The Secretary of the Interior shall take such action 
as may be necessary to ensure that the lands comprising the Huron 
Cemetery in Kansas City, Kansas (as described in section 123 of Public 
Law 106-291) are used only in accordance with this section.
    (b) The lands of the Huron Cemetery shall be used only: (1) for 
religious and cultural uses that are compatible with the use of the 
lands as a cemetery; and (2) as a burial ground.
    Sec. 120. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake 
below the range of water levels required for the operation of the Glen 
Canyon Dam.
    Sec. 121. Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further appropriation: (1) for the benefit of the National 
Wildlife Refuge System within the State of Minnesota; and (2) for all 
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
    Sec. 122. Section 412(b) of the National Parks Omnibus Management 
Act of 1998, as amended (16 U.S.C. 5961) is amended by striking 
``2001'' and inserting ``2002''.
    Sec. 123. Notwithstanding other provisions of law, the National 
Park Service may authorize, through cooperative agreement, the Golden 
Gate National Parks Association to provide fee-based education, 
interpretive and visitor service functions within the Crissy Field and 
Fort Point areas of the Presidio.
    Sec. 124. Notwithstanding 31 U.S.C. 3302(b), sums received by the 
Bureau of Land Management for the sale of seeds or seedlings including 
those collected in fiscal year 2001, may be credited to the 
appropriation from which funds were expended to acquire or grow the 
seeds or seedlings and are available without fiscal year limitation.
    Sec. 125. Tribal School Construction Demonstration Program. (a) 
Definitions.--In this section:
            (1) Construction.--The term ``construction'', with respect 
        to a tribally controlled school, includes the construction or 
        renovation of that school.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribally controlled school.--The term ``tribally 
        controlled school'' has the meaning given that term in section 
        5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
        2511).
            (5) Department.--The term ``Department'' means the 
        Department of the Interior.
            (6) Demonstration program.--The term ``demonstration 
        program'' means the Tribal School Construction Demonstration 
        Program.
    (b) In General.--The Secretary shall carry out a demonstration 
program to provide grants to Indian tribes for the construction of 
tribally controlled schools.
            (1) In general.--Subject to the availability of 
        appropriations, in carrying out the demonstration program under 
        subsection (b), the Secretary shall award a grant to each 
        Indian tribe that submits an application that is approved by 
        the Secretary under paragraph (2). The Secretary shall ensure 
        that an eligible Indian tribe currently on the Department's 
        priority list for construction of replacement educational 
        facilities receives the highest priority for a grant under this 
        section.
            (2) Grant applications.--An application for a grant under 
        the section shall--
                    (A) include a proposal for the construction of a 
                tribally controlled school of the Indian tribe that 
                submits the application; and
                    (B) be in such form as the Secretary determines 
                appropriate.
            (3) Grant agreement.--As a condition to receiving a grant 
        under this section, the Indian tribe shall enter into an 
        agreement with the Secretary that specifies--
                    (A) the costs of construction under the grant;
                    (B) that the Indian tribe shall be required to 
                contribute towards the cost of the construction a 
                tribal share equal to 50 percent of the costs; and
                    (C) any other term or condition that the Secretary 
                determines to be appropriate.
            (4) Eligibility.--Grants awarded under the demonstration 
        program shall only be for construction of replacement tribally 
        controlled schools.
    (c) Effect of Grant.--A grant received under this section shall be 
in addition to any other funds received by an Indian tribe under any 
other provision of law. The receipt of a grant under this section shall 
not affect the eligibility of an Indian tribe receiving funding, or the 
amount of funding received by the Indian tribe, under the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450 et 
seq.).
    Sec. 126. White River Oil Shale Mine, Utah. (a) Sale.--The 
Administrator of General Services (referred to in this section as the 
``Administrator'') shall sell all right, title, and interest of the 
United States in and to the improvements and equipment described in 
subsection (b) that are situated on the land described in subsection 
(c) (referred to in this section as the ``Mine'').
    (b) Description of Improvements and Equipment.--The improvements 
and equipment referred to in subsection (a) are the following 
improvements and equipment associated with the Mine:
            (1) Mine Service Building.
            (2) Sewage Treatment Building.
            (3) Electrical Switchgear Building.
            (4) Water Treatment Building/Plant.
            (5) Ventilation/Fan Building.
            (6) Water Storage Tanks.
            (7) Mine Hoist Cage and Headframe.
            (8) Miscellaneous Mine-related equipment.
    (c) Description of Land.--The land referred to in subsection (a) is 
the land located in Uintah County, Utah, known as the ``White River Oil 
Shale Mine'' and described as follows:
            (1) T. 10 S., R. 24 E., Salt Lake Meridian, sections 12 
        through 14, 19 through 30, 33, and 34.
            (2) T. 10 S., R. 25 E., Salt Lake Meridian, sections 18 and 
        19.
    (d) Use of Proceeds.--The proceeds of the sale under subsection 
(a)--
            (1) shall be deposited in a special account in the Treasury 
        of the United States; and
            (2) shall be available until expended, without further Act 
        of appropriation--
                    (A) first, to reimburse the Administrator for the 
                direct costs of the sale; and
                    (B) second, to reimburse the Bureau of Land 
                Management Utah State Office for the costs of closing 
                and rehabilitating the Mine.
    (e) Mine Closure and Rehabilitation.--The closing and 
rehabilitation of the Mine (including closing of the mine shafts, site 
grading, and surface revegetation) shall be conducted in accordance 
with--
            (1) the regulatory requirements of the State of Utah, the 
        Mine Safety and Health Administration, and the Occupational 
        Safety and Health Administration; and
            (2) other applicable 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, $236,979,000, 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, $277,771,000, to remain available 
until expended, as authorized by law, of which $60,000,000 is for the 
Forest Legacy Program, $8,000,000 is for the Stewardship Incentives 
Program, and $36,000,000 is for the Urban and Community Forestry 
Program, defined in section 250(c)(4)(E)(ix) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, for the purposes of 
such Act: Provided, That, hereafter, ``Forest Service State and Private 
Forestry, Stewardship Incentives Program'' shall be considered to be 
within the ``State and Other Conservation sub-category'' in section 
250(c)(4)(G) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended: Provided further, That none of the funds provided 
under this heading for the acquisition of lands or interests in lands 
shall be available until the House Committee on Appropriations and the 
Senate Committee on Appropriations provide to the Secretary, in 
writing, a list of specific acquisitions to be undertaken with such 
funds.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided, for management, protection, improvement, and utilization of 
the National Forest System, $1,326,445,000 (reduced by $6,000,000), 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 2002 shall 
be displayed by budget line item in the fiscal year 2003 budget 
justification: Provided further, That the Secretary may authorize the 
expenditure or transfer of such sums as necessary to the Department of 
the Interior, Bureau of Land Management for removal, preparation, and 
adoption of excess wild horses and burros from National Forest System 
lands.

                        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, $1,402,305,000, to remain available until expended: 
Provided, That such funds including unobligated balances under this 
head, 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 past 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, $8,000,000 of funds 
appropriated under this appropriation shall 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 and Rangeland Research appropriation, are also available in 
the utilization of these funds for Fire Science Research: Provided 
further, That funds provided shall be available for emergency 
rehabilitation and restoration, hazard reduction activities in the 
urban-wildland interface, support to Federal emergency response, and 
wildfire suppression activities of the Forest Service; Provided 
further, That of the funds provided, $227,010,000 is for hazardous fuel 
treatment, $81,000,000 is for rehabilitation and restoration, 
$38,000,000 is for capital improvement and maintenance of fire 
facilities, $27,265,000 is for research activities and to make 
competitive research grants pursuant to the Forest and Rangeland 
Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 
$50,383,000 is for state fire assistance, $8,262,000 is for volunteer 
fire assistance, $11,974,000 is for forest health activities on state, 
private, and Federal lands, and $12,472,000 is for economic action 
programs: Provided further, That amounts in this paragraph may be 
transferred to the ``State and Private Forestry'', ``National Forest 
System'', ``Forest and Rangeland Research'', and ``Capital Improvement 
and Maintenance'' accounts to fund state fire assistance, volunteer 
fire assistance, and forest health management, vegetation and watershed 
management, heritage site rehabilitation, wildlife and fish habitat 
management, trails and facilities maintenance and restoration: Provided 
further, That transfers of any amounts in excess of those authorized in 
this paragraph, shall require approval of the House and Senate 
Committees on Appropriations in compliance with reprogramming 
procedures contained in House Report No. 105-163: Provided further, 
That the costs of implementing any cooperative agreement between the 
Federal government and any non-Federal entity may be shared, as 
mutually agreed on by the affected parties: Provided further, That in 
entering into such grants or cooperative agreements, the Secretary may 
consider the enhancement of local and small business employment 
opportunities for rural communities, and that in entering into 
procurement contracts under this section on a best value basis, the 
Secretary may take into account the ability of an entity to enhance 
local and small business employment opportunities in rural communities, 
and that the Secretary may award procurement contracts, grants, or 
cooperative agreements under this section to entities that include 
local non-profit entities, Youth Conservation Corps or related 
partnerships with State, local or non-profit youth groups, or small or 
disadvantaged businesses: Provided further, That:
            (1) In expending the funds provided with respect to this 
        Act for hazardous fuels reduction, the Secretary of the 
        Interior and the Secretary of Agriculture may conduct fuel 
        reduction treatments on Federal lands using all contracting and 
        hiring authorities available to the Secretaries applicable to 
        hazardous fuel reduction activities under the wildland fire 
        management accounts. Notwithstanding Federal government 
        procurement and contracting laws, the Secretaries may conduct 
        fuel reduction treatments on Federal lands using grants and 
        cooperative agreements. Notwithstanding Federal government 
        procurement and contracting laws, in order to provide 
        employment and training opportunities to people in rural 
        communities, the Secretaries may award contracts, including 
        contracts for monitoring activities, to--
                    (A) local private, nonprofit, or cooperative 
                entities;
                    (B) Youth Conservation Corps crews or related 
                partnerships, with State, local and non-profit youth 
                groups;
                    (C) small or micro-businesses; or
                    (D) other entities that will hire or train a 
                significant percentage of local people to complete such 
                contracts. The authorities described above relating to 
                contracts, grants, and cooperative agreements are 
                available until all funds provided in this title for 
                hazardous fuels reduction activities in the urban 
                wildland interface are obligated.
            (2)(A) The Secretary of Agriculture may transfer or 
        reimburse funds to the United States Fish and Wildlife Service 
        of the Department of the Interior, or the National Marine 
        Fisheries Service of the Department of Commerce, for the costs 
        of carrying out their responsibilities under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
        conference as required by section 7 of such Act in connection 
        with wildland fire management activities in fiscal years 2001 
        and 2002.
            (B) Only those funds appropriated for fiscal years 2001 and 
        2002 to Forest Service (USDA) for wildland fire management are 
        available to the Secretary of Agriculture for such transfer or 
        reimbursement.
            (C) The amount of the transfer or reimbursement shall be as 
        mutually agreed by the Secretary of Agriculture and the 
        Secretary of the Interior or Secretary of Commerce, as 
        applicable, or their designees. The amount shall in no case 
        exceed the actual costs of consultation and conferencing in 
        connection with wildland fire management activities affecting 
        National Forest System lands.
    For an additional amount, to liquidate obligations previously 
incurred, $274,147,000.

                  capital improvement and maintenance

    For necessary expenses of the Forest Service, not otherwise 
provided for, $535,513,000, 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, of which 
$50,000,000 is for ``Federal Infrastructure Improvement'', defined in 
section 250(c)(4)(E)(xiv) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, for the purposes of such Act: 
Provided, That fiscal year 2001 balances in the Federal Infrastructure 
Improvement account for the Forest Service shall be transferred to and 
merged with this appropriation, and shall remain available until 
expended: Provided further, 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.

                            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, $130,877,000 to be derived 
from the Land and Water Conservation Fund, to remain available until 
expended, and to be for the conservation activities defined in section 
250(c)(4)(E)(iv) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended, for the purposes of such Act.

         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, $1,069,000, 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.

        management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal 
lands in Alaska for subsistence uses under title VIII of the Alaska 
National Interest Lands Conservation Act (Public Law 96-487), 
$5,488,000, to remain available until expended.

               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 eight will be used primarily for law 
enforcement purposes and of which 130 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 seven for replacement only, and acquisition 
of sufficient aircraft from excess sources to maintain the operable 
fleet at 195 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) for expenses pursuant to the Volunteers in the 
National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (5) 
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (6) for 
debt collection contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Secretary 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 available to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture that exceed 
the total amount transferred during fiscal year 2000 for such purposes 
without the advance approval of the House and Senate Committees on 
Appropriations.
    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, defined in section 250(c)(4)(E)(xii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
for the purposes of such Act.
    Of the funds available to the Forest Service, $2,500 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 $2,250,000 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 $300,000 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. 3701-3709, and may be advanced in a lump sum as Federal 
financial assistance, 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 ``Capital Improvement and Maintenance'' 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 indirect expenses, that is expenses 
not directly related to specific programs or to the accomplishment of 
specific work on-the-ground, from any funds available to the Forest 
Service: 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, That during 
fiscal year 2002 the Secretary shall limit total annual indirect 
obligations from the Brush Disposal, Knutson-Vandenberg, Reforestation, 
Salvage Sale, and Roads and Trails funds to 20 percent of the total 
obligations from each fund. Obligations in excess of 20 percent which 
would otherwise be charged to the above funds may be charged to 
appropriated funds available to the Forest Service subject to 
notification of the Committees on Appropriations of the House and 
Senate.
    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 $750,000.
    The Secretary of Agriculture may authorize the sale of excess 
buildings, facilities, and other properties owned by the Forest Service 
and located on the Green Mountain National Forest, the revenues of 
which shall be retained by the Forest Service and available to the 
Secretary without further appropriation and until expended for 
maintenance and rehabilitation activities on the Green Mountain 
National Forest.

                          DEPARTMENT OF ENERGY

                 fossil energy research and development

    For necessary expenses in carrying out 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), $579,000,000, to remain available 
until expended, of which $150,000,000 is to be available, after 
coordination with the private sector, for a request for proposals for a 
Clean Coal Power Initiative providing for competitively-awarded 
research, development and demonstration of commercial scale 
technologies to reduce the barriers to continued and expanded coal use: 
Provided, That all awards shall be cost-shared with industry 
participants: Provided further, That in order to enhance the return to 
the taxpayer, provisions for royalties from commercialization of funded 
technologies shall be included in the program solicitation, including 
provisions for reasonable royalties from sale or licensing of 
technologies from both domestic and foreign transactions: 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: Provided further, That up to 4 percent of program direction funds 
available to the National Energy Technology Laboratory may be used to 
support Department of Energy activities not included in this account.

                 naval petroleum and oil shale reserves

    For expenses necessary to carry out engineering studies to 
determine thecost of development, the predicted rate and quantity of 
petroleum recovery, the methodology, and the equipment specifications 
for development of Shannon Formation at Naval Petroleum Reserve 
Numbered 3, utilizing a below-the-reservoir production method, 
$17,371,000, to remain available until expended: 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

                     (including transfer of funds)

    For necessary expenses in fulfilling installment payments 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 be derived by transfer from funds 
appropriated in prior years under the heading ``Clean Coal 
Technology''.

                          energy conservation

    For necessary expenses in carrying out energy conservation 
activities, $940,805,000 to remain available until expended: Provided, 
That $311,000,000 shall be for use in energy conservation grant 
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: $249,000,000 for weatherization assistance grants 
and $62,000,000 for State energy conservation grants: Provided further, 
That the Secretary of Energy may waive up to 50 percent of the cost-
sharing requirement for weatherization assistance for a State which he 
finds to be experiencing fiscal hardship or major changes in energy 
markets or suppliers or other temporary limitations on its ability to 
provide matching funds, provided that the State is demonstrably engaged 
in continuing activities to secure non-Federal resources and that such 
waiver is limited to 1 fiscal year and that no State may be granted 
such waiver more than twice: Provided further, That, hereafter, Indian 
tribal direct grantees of weatherization assistance shall not be 
required to provide matching funds.

                          economic regulation

    For necessary expenses in carrying out the activities of the Office 
of Hearings and Appeals, $1,996,000, 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.), $179,009,000, to remain available until expended, 
of which $8,000,000 shall be available for maintenance of a Northeast 
Home Heating Oil Reserve.

                   energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $78,499,000, 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 3 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, $2,390,014,000, 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 $15,000,000 shall remain available 
until expended, for the Indian Catastrophic Health Emergency Fund: 
Provided further, That $445,776,000 for contract medical care shall 
remain available for obligation until September 30, 2003: Provided 
further, That of the funds provided, up to $22,000,000 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, 2003: 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 $268,234,000 
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 2002, of which not to exceed $20,000,000 may be used for 
contract support costs associated with new or expanded self-
determination contracts, grants, self-governance compacts or annual 
funding agreements: Provided further, That such costs should be paid at 
a rate commensurate with existing contracts and no new or expanded 
self-determination contracts, grants, self-governance compacts or 
annual funding agreements shall be entered into once the $20,000,000 
has been committed: Provided further, That no existing self-
determination contract, grant, self-governance compact or annual 
funding agreement shall receive direct contract support costs in excess 
of the amount received in fiscal year 2001 for such costs: 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, $369,795,000, 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 from the funds appropriated herein, $5,000,000 shall be 
designated by the Indian Health Service as a contribution to the Yukon-
Kuskokwim Health Corporation (YKHC) to start a priority project for the 
acquisition of land, planning, design and construction of 79 staff 
quarters at Bethel, Alaska, subject to a negotiated project agreement 
between the YKHC and the Indian Health Service: Provided further, That 
this project shall not be subject to the construction provisions of the 
Indian Self-Determination and Education Assistance Act and shall be 
removed from the Indian Health Service priority list upon completion: 
Provided further, That the Federal Government shall not be liable for 
any property damages or other construction claims that may arise from 
YKHC undertaking this project: Provided further, That the land shall be 
owned or leased by the YKHC and title to quarters shall remain vested 
with the YKHC: Provided further, That $5,000,000 shall remain available 
until expended for the purpose of funding up to two joint venture 
health care facility projects authorized under the Indian Health Care 
Improvement Act, as amended: Provided further, That priority, by rank 
order, shall be given to tribes with outpatient projects on the 
existing Indian Health Services priority list that have Service-
approved planning documents, and can demonstrate by March 1, 2002, the 
financial capability necessary to provide an appropriate facility: 
Provided further, That joint venture funds unallocated after March 1, 
2002, shall be made available for joint venture projects on a 
competitive basis giving priority to tribes that currently have no 
existing federally-owned health care facility, have planning documents 
meeting Indian Health Service requirements prepared for approval by the 
Service and can demonstrate the financial capability needed to provide 
an appropriate facility: Provided further, That the Indian Health 
Service shall request additional staffing, operation and maintenance 
funds for these facilities in future budget requests: 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: 
Provided further, That notwithstanding the provisions of title III, 
section 306, of the Indian Health Care Improvement Act (Public Law 94-
437, as amended), construction contracts authorized under title I of 
the Indian Self-Determination and Education Assistance Act of 1975, as 
amended, may be used rather than grants to fund small ambulatory 
facility construction projects: Provided further, That if a contract is 
used, the IHS is authorized to improve municipal, private, or tribal 
lands, and that at no time, during construction or after completion of 
the project will the Federal Government have any rights or title to any 
real or personal property acquired as a part of the contract.

            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.
    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. 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.
    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.
    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 title 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.
    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.
    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.
    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. 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. Such amounts shall remain available until 
expended.
    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.
    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, $15,148,000, 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.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $4,490,000.

                        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, $396,200,000, 
of which not to exceed $53,030,000 is 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, Latino programming, and outreach, and including 
such funds as may be necessary to support American overseas research 
centers and a total of $125,000 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 maintenance, 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, $67,900,000, to 
remain available until expended, of which $10,000,000 is provided for 
maintenance, repair, rehabilitation and alteration of facilities at the 
National Zoological Park: 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.

                              construction

    For necessary expenses for construction, $30,000,000, to remain 
available until expended.

           administrative provisions, smithsonian institution

    None of the funds in this or any other Act may be used to make any 
changes to the existing Smithsonian science programs including closure 
of facilities, relocation of staff or redirection of functions and 
programs without approval by the Board of Regents of recommendations 
received from the Science Commission.
    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.
    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.
    None of the funds available to the Smithsonian may be reprogrammed 
without the advance written approval of the House and Senate Committees 
on Appropriations in accordance with the procedures contained in House 
Report No. 105-163.

                        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, $68,967,000, 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, $14,220,000, 
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, $15,000,000.

                              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, $19,000,000, 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, 
$7,796,000.

           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, $98,234,000, 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, $107,882,000, 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, 
$15,622,000, to remain available until expended, of which $11,622,000 
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, $26,899,000, to remain available until expended.

                      Challenge America Arts Fund

                        challenge america grants

    For necessary expenses as authorized by Public Law 89-209, as 
amended, $17,000,000, for support for arts education and public 
outreach activities to be administered by the National Endowment for 
the Arts, 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), $1,274,000: 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, $7,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $3,400,000: 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, $7,253,000: Provided, That all appointed 
members of the Commission will be compensated at a rate not to exceed 
the daily equivalent of the annual rate of pay 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 museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 96-388 (36 U.S.C. 1401), as amended (36 U.S.C. 2301-2310), 
$36,028,000, of which $1,900,000 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, $22,427,000, shall be 
available to the Presidio Trust, to remain available until expended.

                     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 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. 303. 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. 304. 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. 305. 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. 306. 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 2001.
    Sec. 307. 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. 308. 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. 309. (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, 2002, 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. 310. 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, 106-113, and 106-291 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 2001 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. 311. Notwithstanding any other provision of law, for fiscal 
year 2002 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'' 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. The Secretaries shall 
consider the benefits to the local economy in evaluating bids and 
designing procurements which create economic opportunities for local 
contractors.
    Sec. 312. (a) Recreational Fee Demonstration Program.--Subsection 
(f) of section 315 of the Department of the Interior and Related 
Agencies Appropriations Act, 1996 (as contained in section 101(c) of 
Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a note), is 
amended--
            (1) by striking ``commence on October 1, 1995, and end on 
        September 30, 2002'' and inserting ``end on September 30, 
        2006''; and
            (2) by striking ``September 30, 2005'' and inserting 
        ``September 30, 2009''.
    (b) Expansion of Program.--Subsection (b) of such section is 
amended by striking ``no fewer than 10, but as many as 100,''.
    (c) Revenue Sharing.--Subsection (d)(1) of such section is amended 
by inserting ``the Secure Rural Schools and Community Self-
Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note),'' 
before ``and any other provision''.
    (d) Discounted Fees.--Subsection (b)(2) of such section is amended 
by inserting after ``testing'' the following: ``, including the 
provision of discounted or free admission or use as the Secretary 
considers appropriate''.
    (e) Special Use Permits.--Subsection (b) of such section is 
amended--
            (1) in paragraph (4), by striking ``and'' at the end of the 
        paragraph;
            (2) in paragraph (5), by striking the period at the end of 
        the paragraph and inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) in fiscal year 2003 and thereafter may retain, for 
        distribution and use as provided in subsection (c), fees 
        imposed by the Forest Service for the issuance of recreation 
        special use authorizations not exceeding 1 year under any 
        provision of law.''.
    (f) Capital Projects.--Subsection (c)(2) of such section is amended 
by adding at the end the following new subparagraph:
    ``(D) None of the funds collected under this section may be used to 
plan, design, or construct a visitor center or any other permanent 
structure without prior approval of the Committee on Appropriations of 
the House of Representatives and the Committee on Appropriations of the 
Senate if the estimated total cost of the structure exceeds 
$500,000.''.
    Sec. 313. 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. 314. 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. 315. 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. 316. 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. 317. (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. 318. 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. 319. Notwithstanding any other provision of law, none of the 
funds in this Act may be used for GSA Telecommunication Centers.
    Sec. 320. 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. 321. Amounts deposited during fiscal year 2001 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 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. 322. 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. 323. 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: (i) which is surplus to the needs 
of domestic processors in Alaska; and (ii) 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. 324. The Forest Service, in consultation with the Department 
of Labor, shall review Forest Service campground concessions policy to 
determine if modifications can be made to Forest Service contracts for 
campgrounds so that such concessions fall within the regulatory 
exemption of 29 CFR 4.122(b). The Forest Service shall offer in fiscal 
year 2002 such concession prospectuses under the regulatory exemption, 
except that, any prospectus that does not meet the requirements of the 
regulatory exemption shall be offered as a service contract in 
accordance with the requirements of 41 U.S.C. 351-358.
    Sec. 325. A project undertaken by the Forest Service under the 
Recreation Fee Demonstration Program as authorized by section 315 of 
the Department of the Interior and Related Agencies Appropriations Act 
for Fiscal Year 1996, as amended, shall not result in--
            (1) displacement of the holder of an authorization to 
        provide commercial recreation services on Federal lands. Prior 
        to initiating any project, the Secretary shall consult with 
        potentially affected holders to determine what impacts the 
        project may have on the holders. Any modifications to the 
        authorization shall be made within the terms and conditions of 
        the authorization and authorities of the impacted agency.
            (2) the return of a commercial recreation service to the 
        Secretary for operation when such services have been provided 
        in the past by a private sector provider, except when--
                    (A) the private sector provider fails to bid on 
                such opportunities;
                    (B) the private sector provider terminates its 
                relationship with the agency; or
                    (C) the agency revokes the permit for non-
                compliance with the terms and conditions of the 
                authorization.
    In such cases, the agency may use the Recreation Fee Demonstration 
Program to provide for operations until a subsequent operator can be 
found through the offering of a new prospectus.
    Sec. 326. For fiscal years 2002 and 2003, the Secretary of 
Agriculture is authorized to limit competition for fire and fuel 
treatment and watershed restoration contracts in the Giant Sequoia 
National Monument and the Sequoia National Forest. Preference for 
employment shall be given to dislocated and displaced workers in 
Tulare, Kern and Fresno Counties, California, for work associated with 
the establishment of the Giant Sequoia National Monument.
    Sec. 327. Expeditious Treatment of Forest Plan Revisions.--The 
Secretary of Agriculture shall complete revisions to all land and 
resource management plans to manage a unit of the National Forest 
System pursuant to Section 6 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604) as expeditiously as 
practicable using the funds provided for that purpose by this Act.
    Sec. 328. Until September 30, 2003, the authority of the Secretary 
of Agriculture to enter into a cooperative agreement under the first 
section of Public Law 94-148 (16 U.S.C. 565a-1) for a purpose described 
in such section includes the authority to use that legal instrument 
when the principal purpose of the resulting relationship is to the 
mutually significant benefit of the Forest Service and the other party 
or parties to the agreement, including nonprofit entities.
    Sec. 329. (a) Pilot Program Authorizing Conveyance of Excess Forest 
Service Structures.--The Secretary of Agriculture may convey, by sale 
or exchange, any or all right, title, and interest of the United States 
in and to excess buildings and other structures located on National 
Forest System lands and under the jurisdiction of the Forest Service. 
The conveyance may include the land on which the building or other 
structure is located and such other land immediately adjacent to the 
building or structure as the Secretary considers necessary.
    (b) Limitation.--Not more than 10 conveyances may be made under the 
authority of this section, and the Secretary of Agriculture shall 
obtain the concurrence of the Committee on Appropriations of the House 
of Representatives and the Committee on Appropriations of the Senate in 
advance of each conveyance.
    (c) Use of Proceeds.--The proceeds derived from the sale of a 
building or other structure under this section shall be retained by the 
Secretary of Agriculture and shall be available to the Secretary, 
without further appropriation until expended, for maintenance and 
rehabilitation activities within the Forest Service Region in which the 
building or structure is located.
    (d) Duration of Authority.--The authority provided by this section 
expires on September 30, 2005.
    Sec. 330. Section 551(c) of the Land Between the Lakes Protection 
Act of 1998 (16 U.S.C. 460lll-61(c)) is amended by striking ``2002'' 
and inserting ``2004''.
    Sec. 331. Section 323(a) of the Department of the Interior and 
Related Agencies Appropriations Act, 1999, as included in Public Law 
105-277, Div. A, section 101(e) is amended by inserting ``and fiscal 
years 2002 through 2005,'' before ``to the extent funds are otherwise 
available''.
    Sec. 332. No funds made available under this Act shall be made 
available to any person or entity who has been convicted of violating 
the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly know as the 
``Buy American Act'').
    Sec. 333. No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where 
such activities are allowed under the Presidential proclamation 
establishing such monument.
    Sec. 334. None of the funds in this Act may be used to execute a 
final lease agreement for oil or gas development in the area of the 
Gulf of Mexico known as Lease Sale 181 prior to April 1, 2002.
    Sec. 335. None of the funds made available in this Act may be used 
to suspend or revise the final regulations published in the Federal 
Register on November 21, 2000, that amended part 3809 of title 43, Code 
of Federal Regulations.
    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 2002''.

            Passed the House of Representatives June 21, 2001.

            Attest:

                                                                 Clerk.
107th CONGRESS

  1st Session

                               H. R. 2217

_______________________________________________________________________

                                 AN ACT

 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2002, and for other 
                               purposes.