[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2217 Referred in Senate (RFS)]
1st Session
H. R. 2217
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2001
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
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:
JEFF TRANDAHL,
Clerk.
By Martha C. Morrison,
Deputy Clerk.