[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5093 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 503
107th CONGRESS
  2d Session
                                H. R. 5093


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2002

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2003, 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, 2003, 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)), $826,932,000, 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) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, for the purposes of 
such Act; of which $2,228,000 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 2003 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, $32,696,000 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 $826,932,000, 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, $43,028,000 is for conservation spending 
category activities pursuant to 251(c) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, for the purposes of 
discretionary spending limits.

                        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, $655,332,000, to remain available until expended, of 
which not to exceed $12,374,000 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 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: 
Provided further, That the Secretary of the Interior may use wildland 
fire appropriations to enter into non-competitive sole source leases of 
real property with local governments, at or below fair market value, to 
construct capitalized improvements for fire facilities on such leased 
properties, including but not limited to fire guard stations, retardant 
stations, and other initial attack and fire support facilities, and to 
make advance payments for any such lease or for construction activity 
associated with the lease.
    For an additional amount for ``Wildland Fire Management'' for 
fiscal year 2002 in addition to the amounts made available by Public 
Law 107-63, $200,000,000, to remain available until December 31, 2002, 
for the cost of fire suppression activities carried out by the Bureau 
of Land Management and other Federal agencies related to the 2002 fire 
season, including reimbursement of funds borrowed from other Department 
of the Interior programs to fight such fires: Provided, That the entire 
amount shall be available only to the extent an official budget 
request, that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.

                    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, $10,976,000, 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), $230,000,000, of which not to exceed 
$400,000 shall be available for administrative expenses and of which 
$70,000,000 is for the conservation activities defined in section 
250(c)(4)(E) 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, $49,286,000 (reduced by 
$1,800,00), 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) 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; 
$105,633,000, 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, implementing, 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. 1181f-1 et seq., and Public Law 106-393) 
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.

                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, $918,359,000 to remain available until September 30, 
2004, except as otherwise provided herein, of which $69,006,000 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 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) 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 $9,077,000 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 $5,000,000 shall be used for any 
activity regarding the designation of critical habitat, pursuant to 
subsection (a)(3), excluding litigation support, 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; 
$51,308,000 (increased by $1,800,000), to remain available until 
expended: Provided, That notwithstanding any other provision of law, a 
single procurement for the expansion of the Clark R. Bavin Forensics 
Laboratory in Oregon may be issued, which includes the full scope of 
the project: Provided further, That the solicitation and the contract 
shall contain the clause ``availability of funds'' found at 48 CFR 
52.232.18.

                            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, $82,250,000, 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) 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, $40,000,000, 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 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 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, $121,400,000, of 
which $42,929,000 is to be derived from the Cooperative Endangered 
Species Conservation Fund and $86,471,000 is 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) 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), $19,414,000, 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.

               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, 
$43,560,000, to remain available until expended and to be for the 
conservation activities defined in section 250(c)(4)(E) 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 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.

                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), $4,800,000, to remain available until expended, and 
to be for conservation spending 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.

                         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, American Samoa, and federally recognized 
Indian 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, $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) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, for the purposes of such Act: 
Provided, That of the amount provided herein, $5,000,000 is for a 
competitive grant program for Indian tribes not subject to the 
remaining provisions of this appropriation: Provided further, That the 
Secretary shall, after deducting said $5,000,000 and 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: 
(A) one-third of which is based on the ratio to which the land area of 
such State bears to the total land area of all such States; and (B) 
two-thirds of which is based on the ratio to which the population of 
such State bears to the total population of all such States: Provided 
further, That the amounts apportioned under this paragraph shall be 
adjusted equitably so that no State shall be apportioned a sum which is 
less than 1 percent of the amount available for apportionment under 
this paragraph for any fiscal year or more than 5 percent of such 
amount: 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 2003 to any State, territory, 
or other jurisdiction that remains unobligated as of September 30, 
2004, shall be reapportioned, together with funds appropriated in 2005, 
in the manner provided herein.

                       administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 102 
passenger motor vehicles, of which 75 are for replacement only 
(including 39 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, $1,605,593,000, of which $9,000,000 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 and 
of which $10,892,000 for research, planning and interagency 
coordination in support of Everglades restoration shall remain 
available until expended; and of which $90,280,000 to remain available 
until September 30, 2004, 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) 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, those funds needed to maintain and repair United 
States Park Police administrative facilities, and those funds necessary 
to 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 Law Enforcement, Protection, and Emergency 
Services.

                       united states park police

    For expenses necessary to carry out the programs of the United 
States Park Police, $78,431,000.

                  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, $56,330,000.

                     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) 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), $76,500,000, 
to be derived from the Historic Preservation Fund, to remain available 
until September 30, 2004, and to be for the conservation activities 
defined in section 250(c)(4)(E) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, for the purposes of such Act: 
Provided, That, of the amount provided herein, $2,500,000, 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, of nationally 
significant sites, structures, and artifacts: 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 and the Secretary 
of the Interior in consultation with the President's Committee on the 
Arts and Humanities 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, in consultation with the House and Senate Committees 
on Appropriations and the President's Committee on the Arts and 
Humanities.

                              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, 
$325,186,000, to remain available until expended, of which $53,736,000 
is for conservation activities defined in section 250(c)(4)(E) 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 in this 
or any other Act, may be used to pay the salaries and expenses of more 
than 160 Full Time Equivalent personnel working for the National Park 
Service's Denver Service Center funded under the construction program 
management and operations activity: Provided further, That none of the 
funds provided in this or any other Act may be used to pre-design, 
plan, or construct any new facility (including visitor centers, 
curatorial facilities, administrative buildings), for which 
appropriations have not been specifically provided if the net 
construction cost of such facility is in excess of $5,000,000, without 
prior approval of the House and Senate Committees on Appropriations: 
Provided further, That this restriction applies to all funds available 
to the National Park Service, including partnership and fee 
demonstration projects: Provided further, That the National Park 
Service may transfer to the City of Carlsbad, New Mexico, funds for the 
construction of the National Cave and Karst Research Institute to be 
built and operated in accordance with provisions in Public Law 105-325 
and all other applicable laws and regulations. Title to the Institute 
will be held by the City of Carlsbad.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2003 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, $253,099,000, 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) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, for the purposes of such Act, of which $150,000,000 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, $20,000,000 may be for Federal grants, including Federal 
administrative expenses, 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: 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, or are matched by the State 
pursuant to the cost-sharing provisions of section 316(b) of Public Law 
104-303, 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 301 passenger motor vehicles, of which 
273 shall be for replacement only, including not to exceed 226 for 
police-type use, 10 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, in fiscal year 2003 and 
thereafter, sums provided to the National Park Service by private 
entities for utility services shall be credited to the appropriate 
account and remain available until expended. Heretofore and hereafter, 
in carrying out the work under reimbursable agreements with any State, 
local or tribal government, the National Park Service may, without 
regard to 31 U.S.C. 1341 or any other provision of law or regulation, 
record obligations against accounts receivable from such entities, and 
shall credit amounts received from such entities to the appropriate 
account, such credit to occur within 90 days of the date of the 
original request by the National Park Service for payment.

                    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; $928,405,000, of which $64,855,000 shall be available 
only for cooperation with States or municipalities for water resources 
investigations; of which $15,650,000 shall remain available until 
expended for conducting inquiries into the economic conditions 
affecting mining and materials processing industries; of which 
$24,448,000 shall be available until September 30, 2004 for the 
operation and maintenance of facilities and deferred maintenance; and 
of which $170,414,000 shall be available until September 30, 2004 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)(E) 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.: Provided further, That the United States 
Geological Survey may use cooperative agreements for joint research and 
data collection programs with Federal, State, and academic partners and 
may obtain space in cooperator facilities incident to such cooperative 
agreements.

                       Mineral 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, $164,721,000, of which 
$83,284,000, shall be available for royalty management activities; and 
an amount not to exceed $100,230,000, 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 
$100,230,000 in additions to receipts are not realized from the sources 
of receipts stated above, the amount needed to reach $100,230,000 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, 2004: 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, or under its 
authority to transfer oil to the Strategic Petroleum Reserve, 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, to process or otherwise dispose of 
royalty production taken in kind, and to recover MMS transportation 
costs, salaries, and other administrative costs directly related to 
filling the Strategic Petroleum Reserve: Provided further, That MMS 
shall analyze and document the expected return in advance of any 
royalty-in-kind sales to assure to the maximum extent practicable that 
royalty income under the pilot program is equal to or greater than 
royalty income recognized under a comparable royalty-in-value program.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of 
the Oil Pollution Act of 1990, $6,105,000, 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; $105,367,000: Provided, That the 
Secretary of the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected in fiscal year 2003 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, $184,745,000, 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 2003: 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.

                        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, $1,859,064,000, to remain 
available until September 30, 2004 except as otherwise provided herein, 
of which not to exceed $89,857,000 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 $133,209,000 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 2003, 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 $2,000,000 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 $454,985,000 for school operations costs of 
Bureau-funded schools and other education programs shall become 
available on July 1, 2003, and shall remain available until September 
30, 2004; and of which not to exceed $57,536,000 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 $49,065,000 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, 2004, may be transferred during fiscal 
year 2005 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, 2005.

                              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, $345,252,000, 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 2003, in implementing new 
construction or facilities improvement and repair project grants in 
excess of $100,000 that are provided to tribally controlled grant 
schools under Public Law 100-297, as amended, the Secretary of the 
Interior shall use the Administrative and Audit Requirements and Cost 
Principles for Assistance Programs contained in 43 CFR part 12 as the 
regulatory requirements: Provided further, That such grants shall not 
be subject to section 12.61 of 43 CFR; the Secretary and the grantee 
shall negotiate and determine a schedule of payments for the work to be 
performed: Provided further, That in considering applications, the 
Secretary shall consider whether the Indian tribe or tribal 
organization would be deficient in assuring that the construction 
projects conform to applicable building standards and codes and 
Federal, tribal, or State health and safety standards as required by 25 
U.S.C. 2005(a), with respect to organizational and financial management 
capabilities: Provided further, That if the Secretary declines an 
application, the Secretary shall follow the requirements contained in 
25 U.S.C. 2505(f): Provided further, That any disputes between the 
Secretary and any grantee concerning a grant shall be subject to the 
disputes provision in 25 U.S.C. 2508(e).

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $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 $5,068,000 shall be 
available for future water supplies facilities under Public Law 106-
163; of which $31,011,000 shall be available pursuant to Public Laws 
99-264, 100-580, 106-263, 106-425, and 106-554: Provided, That of the 
amount provided for implementation of Public Law 106-263, $3,000,000 
for a water rights and habitat acquisition program shall be derived 
from the Land and Water Conservation Fund.

                 indian guaranteed loan program account

    For the cost of guaranteed and insured loans, $5,000,000, 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 
$72,424,000.
    In addition, for administrative expenses to carry out the 
guaranteed and insured loan programs, $493,000.

                       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.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    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, $73,217,000, of which: 
(1) $67,922,000 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) $5,295,000 
shall be available for salaries and expenses of the Office of Insular 
Affairs: Provided, That all financial transactions of the territorial 
and local governments herein provided for, including such transactions 
of all agencies or instrumentalities established or used by such 
governments, may be audited by the General Accounting Office, at its 
discretion, in accordance with chapter 35 of title 31, United States 
Code: Provided further, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the Agreement of 
the Special Representatives on Future United States Financial 
Assistance for the Northern Mariana Islands approved by Public Law 104-
134: Provided further, That of the amounts provided for Northern 
Mariana Islands Covenant grant funding, $1,000,000 shall be granted to 
the Prior Service Benefits Administration: 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 grantee's commitment to timely maintenance of its capital 
assets: Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous appropriations 
Acts may be used as non-Federal matching funds for the purpose of 
hazard mitigation grants provided pursuant to section 404 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c).

                      compact of free association

    For economic assistance and necessary expenses for the Federated 
States of Micronesia and the Republic of the Marshall Islands as 
provided for in sections 122, 221, 223, 232, and 233 of the Compact of 
Free Association, and for economic assistance and necessary expenses 
for the Republic of Palau as provided for in sections 122, 221, 223, 
232, and 233 of the Compact of Free Association, $21,045,000, 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, $72,533,000 (reduced by $15,000,000), of which not to exceed 
$8,500 may be for official reception and representation expenses, and 
of which up to $1,000,000 shall be available for workers compensation 
payments and unemployment compensation payments associated with the 
orderly closure of the United States Bureau of Mines.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $47,473,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$36,239,000, of which $3,812,000 shall be for procurement by contract 
of independent auditing services to audit the consolidated Department 
of the Interior annual financial statement and the annual financial 
statement of the Department of the Interior bureaus and offices funded 
in this Act.

                   National Indian Gaming Commission

                         salaries and expenses

    For necessary expenses of the National Indian Gaming Commission, 
pursuant to Public Law 100-497, $2,000,000, to remain available until 
expended.

             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, $141,277,000, 
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 2003, 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: 
Provided further, That not to exceed $50,000 is available for the 
Secretary to make payments to correct administrative errors of either 
disbursements from or deposits to Individual Indian Money or Tribal 
accounts after September 30, 2002: Provided further, That erroneous 
payments that are recovered shall be credited to this account.

                       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, $7,980,000, 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 and restoration 
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.), 
$5,538,000, 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 preleasing, 
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; and the eastern Gulf of Mexico south of 26 
degrees north latitude and east of 86 degrees west longitude.
    Sec. 108. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore oil and natural 
gas preleasing, leasing, and related activities, on lands within the 
North Aleutian Basin planning area.
    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior to conduct offshore oil and natural gas 
preleasing, leasing and related activities in the eastern Gulf of 
Mexico planning area for any lands located outside Sale 181, as 
identified in the final Outer Continental Shelf 5-Year Oil and Gas 
Leasing Program, 1997-2002.
    Sec. 110. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 111. Advance payments made under this title to Indian tribes, 
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) 
may be invested by the Indian tribe, tribal organization, or consortium 
before such funds are expended for the purposes of the grant, compact, 
or annual funding agreement so long as such funds are--
            (1) invested by the Indian tribe, tribal organization, or 
        consortium only in obligations of the United States, or in 
        obligations or securities that are guaranteed or insured by the 
        United States, or mutual (or other) funds registered with the 
        Securities and Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured by an 
        agency or instrumentality of the United States, or are fully 
        collateralized to ensure protection of the funds, even in the 
        event of a bank failure.
    Sec. 112. Notwithstanding any other provisions of law, the National 
Park Service shall not develop or implement a reduced entrance fee 
program to accommodate non-local travel through a unit. The Secretary 
may provide for and regulate local non-recreational passage through 
units of the National Park System, allowing each unit to develop 
guidelines and permits for such activity appropriate to that unit.
    Sec. 113. 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 and reform activities.
    Sec. 114. Notwithstanding any other provision of law, the Secretary 
of the Interior hereafter has ongoing authority to negotiate and enter 
into agreements and leases, without regard to section 321 of chapter 
314 of the Act of June 30, 1932 (40 U.S.C. 303b), with any person, 
firm, association, organization, corporation, or governmental entity, 
for all or part of the property within Fort Baker administered by the 
Secretary as part of the Golden Gate National Recreation Area. The 
proceeds of the agreements or leases shall be retained by the Secretary 
and such proceeds shall remain available until expended, without 
further appropriation, for the preservation, restoration, operation, 
maintenance, interpretation, public programs, and related expenses of 
the National Park Service and nonprofit park partners incurred with 
respect to Fort Baker properties.
    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 
2003. Under circumstances of dual enrollment, overlapping service areas 
or inaccurate distribution methodologies, the 10 percent limitation 
does not apply.
    Sec. 117. Funds appropriated for the Bureau of Indian Affairs for 
postsecondary schools for fiscal year 2003 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. 118. (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. 119. 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. 120. Section 412(b) of the National Parks Omnibus Management 
Act of 1998, as amended (16 U.S.C. 5961) is further amended by striking 
``2002'' and inserting ``2003''.
    Sec. 121. 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. 122. 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 2002, 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.

                 white river oil shale mine, utah--sale

    Sec. 123. Subject to the terms and conditions of section 126 of the 
Department of the Interior and Related Agencies Act, 2002, the 
Administrator of General Services shall sell all right, title, and 
interest of the United States in and to the improvements and equipment 
of the White River Oil Shale Mine.
    Sec. 124. The Secretary of the Interior may use or contract for the 
use of helicopters or motor vehicles on the Sheldon and Hart National 
Wildlife Refuges for the purpose of capturing and transporting horses 
and burros. The provisions of subsection (a) of the Act of September 8, 
1959 (73 Stat. 470; 18 U.S.C. 47(a)) shall not be applicable to such 
use. Such use shall be in accordance with humane procedures prescribed 
by the Secretary.
    Sec. 125. Funds provided in this Act for Federal land acquisition 
by the National Park Service for Shenandoah Valley Battlefields 
National Historic District, and Ice Age National Scenic Trail may be 
used for a grant to a State, a local government, or any other 
governmental land management entity for the acquisition of lands 
without regard to any restriction on the use of Federal land 
acquisition funds provided through the Land and Water Conservation Fund 
Act of 1965 as amended.
    Sec. 126. 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. 127. 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 such 
pedestrian use is consistent with generally accepted safety standards.
    Sec. 128. 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. 129. Notwithstanding any other provision of law, the United 
States Fish and Wildlife Service may use funds appropriated in this Act 
for incidental expenses related to promoting and celebrating the 
Centennial of the National Wildlife Refuge System.
    Sec. 130. The National Park Service may in fiscal year 2003 and 
thereafter enter into a cooperative agreement with and transfer funds 
to Capital Concerts, a nonprofit organization, for the purpose of 
carrying out programs pursuant to 31 U.S.C. 6305.
    Sec. 131. No later than 30 days after enactment of this Act, the 
Secretary of the Interior shall provide to the House and Senate 
Committees on Appropriations and the House Committee on Resources and 
the Senate Committee on Indian Affairs a summary of the Ernst and Young 
report on the historical accounting for the five named plaintiffs in 
Cobell v. Norton. The summary shall not provide individually 
identifiable financial information, but shall fully describe the 
aggregate results of the historical accounting.
    Sec. 132. None of the funds in this or any other Act for the 
Department of the Interior or the Department of Justice can be used to 
compensate the Special Master and the Court Monitor appointed by the 
United States District Court for the District of Columbia in the Cobell 
v. Norton litigation at an annual rate that exceeds 200 percent of the 
highest Senior Executive Service rate of pay for the Washington-
Baltimore locality pay area.
    Sec. 133. Within 90 days of enactment of this Act the Special 
Trustee for American Indians, in consultation with the Secretary of the 
Interior and the Tribes, shall appoint new members to the Special 
Trustee Advisory Board.
    Sec. 134. The Secretary of the Interior may use discretionary funds 
to pay private attorneys fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Norton to the extent that such fees and costs 
are not paid by the Department of Justice or by private insurance. In 
no case shall the Secretary make payments under this section that would 
result in payment of hourly fees in excess of the highest hourly rate 
approved by the District Court for the District of Columbia for counsel 
in Cobell v. Norton.
    Sec. 135. Section 124(a) of the Department of the Interior and 
Related Agencies Appropriation Act, 1997 (16 U.S.C. 1011 (a)), as 
amended, is further amended by inserting after the phrase 
``appropriations made for the Bureau of Land Management'' the phrase 
``including appropriations for the Wildland Fire Management account 
allocated to the National Park Service, Fish and Wildlife Service, and 
Bureau of Indian Affairs''.
    Sec. 136. Public Law 107-106 is amended as follows: in section 5(a) 
strike ``9 months after the date of enactment of the Act'' and insert 
in lieu thereof ``September 30, 2003''.
    Sec. 137. Notwithstanding any other provision of law, the funds 
provided in the Labor, Health and Human Services, Education and Related 
Agencies Appropriations Act of 2002, Public Law 107-116, for the 
National Museum of African American History and Culture Plan for Action 
Presidential Commission shall remain available until expended.
    Sec. 138. The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks released from federally operated or federally financed 
hatcheries including but not limited to fish releases of the coho, 
chinook, and steelhead species. The requirements of this section shall 
not be applicable when the hatchery fish are produced for conservation 
purposes.
    Sec. 139. The visitor center at the Bitter Lake National Wildlife 
Refuge in New Mexico shall be named for Joseph R. Skeen and, hereafter, 
shall be referred to in any law, document, or record of the United 
States as the ``Joseph R. Skeen Visitor Center''.

                       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, $252,000,000 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 including treatments of pests, 
pathogens and invasive or noxious plants, cooperative forestry, and 
education and land conservation activities and conducting an 
international program as authorized, $279,828,000, to remain available 
until expended, as authorized by law, of which $60,000,000 is for the 
Forest Legacy Program, to be derived from the land and water 
conservation fund; $36,235,000 is for the Urban and Community Forestry 
Program, defined in section 250(c)(4)(E) 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 provided under this heading 
for the acquisition of lands or interests in lands shall be available 
until the Forest Service notifies the House Committee on Appropriations 
and the Senate Committee on Appropriations, in writing, of specific 
acquisition of lands or interests in lands to be undertaken with such 
funds: Provided further, That each forest legacy grant shall be for a 
specific project: Provided further, That a grant shall not be released 
to a State unless the Secretary determines that the State has 
demonstrated that 25 percent of the total value of the project is 
comprised of a non-Federal cost share.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,370,567,000 (reduced by $5,000,000) 
(increased by $5,000,000), 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 2003 shall be displayed by budget line item in the 
fiscal year 2004 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, 
hazardous fuel reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands 
and water, $1,513,449,000, 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 2002 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 the Joint Fire Science Program: 
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, $640,000,000 is for preparedness, 
$420,699,000 is for wildfire suppression operations, $228,109,000 is 
for hazardous fuel treatment, $63,000,000 is for rehabilitation and 
restoration, $20,376,000 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.), 
$58,000,000 is for state fire assistance, $8,500,000 is for volunteer 
fire assistance, $27,000,000 is for forest health activities on State, 
private, and Federal lands, and $12,500,000 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 in addition to funds 
provided for State Fire Assistance programs, and subject to all 
authorities available to the Forest Service under the State and Private 
Forestry Appropriations, up to $15,000,000 may be used on adjacent non-
Federal lands for the purpose of protecting communities when hazard 
reduction activities are planned on national forest lands that have the 
potential to place such communities at risk: Provided further, That 
included in funding for hazardous fuel reduction is $5,000,000 for 
implementing the Community Forest Restoration Act, Public Law 106-393, 
title VI, and any portion of such funds shall be available for use on 
non-Federal lands in accordance with authorities available to the 
Forest Service under the State and Private Forestry Appropriation: 
Provided further, That 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: Provided further, That 
notwithstanding Federal Government procurement and contracting laws, 
the Secretaries may conduct fuel reduction treatments, rehabilitation 
and restoration, and other activities authorized under this heading on 
and adjacent to Federal lands using grants and cooperative agreements: 
Provided further, That 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 local 
private, nonprofit, or cooperative entities; Youth Conservation Corps 
crews or related partnerships, with State, local and non-profit youth 
groups; small or micro-businesses; or other entities that will hire or 
train a significant percentage of local people to complete such 
contracts: Provided further, That 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: Provided 
further, That the Secretary of Agriculture may transfer or reimburse 
funds, not to exceed $7,000,000, 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 2002 and 2003: Provided further, That the 
amount of the transfer of 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 for ``Wildland Fire Management'' for 
fiscal year 2002 in addition to the amounts made available by Public 
Law 107-63, $500,000,000, to remain available until December 31, 2002, 
for the cost of fire suppression activities carried out by the Forest 
Service and other Federal agencies related to the 2002 fire season, 
including reimbursement of funds borrowed from other Department of 
Agriculture programs to fight such fires: Provided, That the entire 
amount shall be available only to the extent an official budget 
request, that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress: Provided further, That the entire amount 
is designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of such Act.

                  capital improvement and maintenance

    For necessary expenses of the Forest Service, not otherwise 
provided for, $572,731,000, 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, 
$64,866,000 is for conservation activities defined in section 
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, as amended, for the purposes of such Act: 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, $146,336,000, 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) 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), 
$5,542,000, 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 113 passenger 
motor vehicles, of which 10 will be used primarily for law enforcement 
purposes and of which 113 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) acquisition of land, waters, and interests therein, pursuant 
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the 
National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) 
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for 
debt collection contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions if and only if all previously appropriated emergency 
contingent funds under the heading ``Wildland Fire Management'' have 
been released by the President and apportioned and all funds under the 
heading ``Wildland Fire Management'' are obligated.
    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) 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 $2,500,000 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 authorized investments of Federal funds held by the 
Foundation 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. Twenty 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.
    For fiscal years 2003 through 2007, 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.
    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.

                          DEPARTMENT OF ENERGY

                         clean coal technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $50,000,000 shall not be available until October 1, 2003: 
Provided, That funds made available in previous appropriations Acts 
shall be available for any ongoing project regardless of the separate 
request for proposal under which the project was selected.

                 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), $664,205,000, to remain available 
until expended, of which $11,000,000 is for construction, renovation, 
furnishing, and demolition or removal of buildings at National Energy 
Technology Laboratory facilities in Morgantown, West Virginia and 
Pittsburgh, Pennsylvania; and for acquisition of lands, and interests 
therein, in proximity to the National Energy Technology Laboratory, and 
of which $150,000,000 are to be made available, after coordination with 
the private sector, for a request for proposals for a Clean Coal Power 
Initiative providing for competitively-awarded demonstrations of 
commercial scale technologies to reduce the barriers to continued and 
expanded coal use: Provided, That no project may be selected for which 
sufficient funding is not available to provide for the total project: 
Provided further, That funds shall be expended in accordance with the 
provisions governing the use of funds contained under the heading 
``Clean Coal Technology'' in prior appropriations: Provided further, 
That the Department may include provisions for repayment of Government 
contributions to individual projects in an amount up to the Government 
contribution to the project on terms and conditions that are acceptable 
to the Department, including repayments from sale and licensing of 
technologies from both domestic and foreign transactions: Provided 
further, That such repayments shall be retained by the Department for 
future coal-related research, development and demonstration projects: 
Provided further, That any technology selected under this program shall 
be considered a Clean Coal Technology, and any project selected under 
this program shall be considered a Clean Coal Technology Project, for 
the purposes of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of title 
40 of the Code of Federal Regulations: 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 naval petroleum and oil shale 
reserve activities, $20,831,000, 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

    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 become available on October 1, 2003 for 
payment to the State of California for the State Teachers' Retirement 
Fund from the Elk Hills School Lands Fund. 

                          energy conservation

     For necessary expenses in carrying out energy conservation 
activities, $984,653,000 (reduced by $3,000,000) (increased by 
$3,000,000), to remain available until expended: Provided, That 
$300,000,000 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: $250,000,000 for weatherization assistance grants and 
$50,000,000 for State energy conservation grants.

                          economic regulation

    For necessary expenses in carrying out the activities of the Office 
of Hearings and Appeals, $1,487,000, 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.), $175,856,000, to remain available until expended.

                         spr petroleum account

    For the acquisition and transportation of petroleum and for other 
necessary expenses pursuant to the Energy Policy and Conservation Act 
of 1975, as amended (42 U.S.C. 6201 et seq.), $7,000,000, to remain 
available until expended.

                   northeast home heating oil reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operations, and management activities pursuant to the Energy 
Policy and Conservation Act of 2000, $8,000,000 to remain available 
until expended.

                   energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $80,611,000, 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, $2,508,756,000, 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 $468,130,000 for contract medical care shall 
remain available for obligation until September 30, 2004: Provided 
further, That of the funds provided, up to $25,000,000 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, 2004: 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 $270,734,000 
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 2003, of which not to exceed $2,500,000 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 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, $391,865,000, 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 continue a priority project for 
the acquisition of land, planning, design and construction of 79 staff 
quarters in the Bethel service area, pursuant to the 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 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: Provided 
further, That notwithstanding any other provision of law or regulation, 
for purposes of acquiring sites for a new clinic and staff quarters in 
St. Paul Island, Alaska, the Secretary of Health and Human Services may 
accept land donated by the Tanadgusix Corporation.

            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 therefor 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, $14,491,000, 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), $5,130,000, of which 
$1,000,000 shall remain available until expended for construction of 
the Library Technology Center.

                        Smithsonian Institution

                         salaries and expenses

                         (including rescission)

    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, $450,760,000, 
of which not to exceed $41,884,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, the National Museum 
of the American Indian, security improvements, and the repatriation of 
skeletal remains program shall remain available until expended, 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.
    From unobligated balances of prior year appropriations $14,100,000 
is rescinded.

            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 necessary 
personnel, including not to exceed $10,000 for services as authorized 
by 5 U.S.C. 3109, $81,300,000, to remain available until expended, of 
which $16,750,000 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, including necessary 
personnel, $10,000,000, 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.

                        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, $78,219,000, 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, $16,230,000, 
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, $16,310,000.

                              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, $17,600,000, 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, 
$8,488,000.

           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, $99,489,000 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.

                 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, $109,932,000 
(increased by $5,000,000), 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, 
$16,122,000, to remain available until expended, of which $10,436,000 
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.

                      Challenge America Arts Fund

                        challenge america grants

    For necessary expenses as authorized by Public Law 89-209, as 
amended, $17,000,000 (increased by $10,000,000) 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: Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants up to $10,000, 
if in aggregate this amount does not exceed 5 percent of the sums 
appropriated for grant making purposes per year: Provided further, That 
such small grant actions are taken pursuant to the terms of an 
expressed and direct delegation of authority from the National Council 
on the Arts to the Chairperson.

                        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), $1,255,000: 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.

                        administrative provision

    None of the funds appropriated in this or any other Act, except 
funds appropriated to the Office of Management and Budget, shall be 
available to study the alteration or transfer of the National Capital 
Arts and Cultural Affairs program.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $3,667,000: 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, $7,553,000: 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 Museum

                       holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $38,663,000, 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, $21,327,000 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 2002.
    Sec. 307. (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, 2003, 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. 308. 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, 106-291, and 107-
63 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 2002 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. 309. 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. 310. 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. 311. (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. 312. No part of any appropriation contained in this Act shall 
be expended or obligated to complete and issue the 5-year program under 
the Forest and Rangeland Renewable Resources Planning Act.
    Sec. 313. 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. 314. Amounts deposited during fiscal year 2002 in the roads 
and trails fund provided for in the 14th 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. 315. 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. 316. 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 redcedar: 
Provided, That sales which are deficit when appraised under the 
transaction evidence appraisal system using domestic Alaska values for 
western redcedar 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 2002, 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 redcedar, all of the western redcedar 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 2002, 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 redcedar, the volume of western redcedar 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 redcedar 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 redcedar is eligible for sale to 
various markets shall be made at the time each sale is awarded). 
Western redcedar 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 redcedar 
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 redcedar 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. 317. 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. 318. Prior to October 1, 2003, the Secretary of Agriculture 
shall not be considered to be in violation of subparagraph 6(f)(5)(A) 
of the Forest and Rangeland Renewable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed 
without revision of the plan for a unit of the National Forest System. 
Nothing in this section exempts the Secretary from any other 
requirement of the Forest and Rangeland Renewable Resources Planning 
Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the 
Secretary is not acting expeditiously and in good faith, within the 
funding available, to revise a plan for a unit of the National Forest 
System, this section shall be void with respect to such plan and a 
court of proper jurisdiction may order completion of the plan on an 
accelerated basis.
    Sec. 319. Until September 30, 2004, 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. 320. 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. 321. Section 347(a) of the Department of the Interior and 
Related Agencies Appropriations Act, 1999, as included in Public Law 
105-277 as amended, is amended by striking ``2004'' and inserting 
``2005''. The authority to enter into stewardship and end result 
contracts provided to the Forest Service in accordance with section 347 
of title III of section 101(e) of division A of Public Law 105-277 is 
hereby expanded to authorize the Forest Service to enter into an 
additional 12 contracts subject to the same terms and conditions as 
provided in that section.
    Sec. 322. Technical Correction Related to Cabin User Fees.--Section 
608(b)(2) of the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 
6207(b)(2); Public Law 106-291) is amended by striking ``value 
influences'' and inserting in lieu thereof ``criteria'' and striking 
``section 606(b)(3)'' and inserting in lieu thereof ``section 
606(b)(2)''.
    Sec. 323. Extension of Forest Service Conveyances Pilot Program.--
Section 329 of the Department of the Interior and Related Agencies 
Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is 
amended--
            (1) in subsection (b), by striking ``10'' and inserting 
        ``20''; and
            (2) in subsection (d), by striking ``2005'' and inserting 
        ``2006''.
    Sec. 324. A grazing permit or lease issued by the Secretary of the 
Interior or the Secretary of Agriculture where National Forest System 
lands are involved that expires (or is transferred or waived) during 
fiscal year 2003 shall be renewed under section 402 of the Federal Land 
Policy and Management Act of 1976, as amended (43 U.S.C. 1752), section 
19 of the Granger-Thye Act, as amended (16 U.S.C. 5801), 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 or the Secretary of 
Agriculture 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 statutory authority of the 
Secretary of the Interior or the Secretary of Agriculture. Any Federal 
lands included within the boundary of Lake Roosevelt National 
Recreation Area, as designated by the Secretary of the Interior on 
April 5, 1990 (Lake Roosevelt Cooperative Management Agreement), that 
were utilized as of March 31, 1997, for grazing purposes pursuant to a 
permit issued by the National Park Service, the person or persons so 
utilizing such lands as of March 31, 1997, shall be entitled to renew 
said permit under such terms and conditions as the Secretary may 
prescribe, for the lifetime of the permittee or 20 years, whichever is 
less.
    Sec. 325. Notwithstanding any other provision of law or regulation, 
employees of foundations established by Acts of Congress to solicit 
private sector funds on behalf of Federal land management agencies 
shall qualify for General Services Administration contract airfare 
rates and Federal Government hotel accommodation rates when such 
employees are traveling on official foundation business.
    Sec. 326. Notwithstanding any other provision of law or regulation, 
to promote the more efficient use of the health care funding allocation 
for fiscal year 2003, the Eagle Butte Service Unit of the Indian Health 
Service, at the request of the Cheyenne River Sioux Tribe, may pay base 
salary rates to health professionals up to the highest grade and step 
available to a physician, pharmacist, or other health professional and 
may pay a recruitment or retention bonus of up to 25 percent above the 
base pay rate.
    Sec. 327. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 328. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) 
the Secretary of Agriculture and the Secretary of the Interior are 
authorized to enter into reciprocal agreements in which the individuals 
furnished under said agreements to provide wildfire services are 
considered, for purposes of tort liability, employees of the country 
receiving said services when the individuals are fighting fires. The 
Secretary of Agriculture or the Secretary of the Interior shall not 
enter into any agreement under this provision unless the foreign 
country (either directly or through its fire organization) agrees to 
assume any and all liability for the acts or omissions of American 
firefighters engaged in firefighting in a foreign country. When an 
agreement is reached for furnishing fire fighting services, the only 
remedies for acts or omissions committed while fighting fires shall be 
those provided under the laws of the host country and those remedies 
shall be the exclusive remedies for any claim arising out of fighting 
fires in a foreign country. Neither the sending country nor any 
organization associated with the firefighter shall be subject to any 
action whatsoever pertaining to or arising out of fighting fires.
    Sec. 329. Prohibition of Oil and Gas Drilling in the Finger Lakes 
National Forest, New York.--None of the funds in this Act may be used 
to prepare or issue a permit or lease for oil or gas drilling in the 
Finger Lakes National Forest, New York, during fiscal year 2003.
    Sec. 330. None of the funds provided in this Act may be expended by 
the Department of the Interior to approve any exploration plan, any 
development and production plan, any application for permit to drill or 
to permit any drilling on Outer Continental Shelf Southern California 
Planning Area leases numbered OCS-P0443, OCS-P0445, OCS-P0446, OCS-
P0449, OCS-P0499, OCS-P0500, OCS-P0210, OCS-P0527, OCS-P0460, OCS-
P0464, OCS-P0409, OCS-P0396, OCS-P0397, OCS-P0402, OCS-P0403, OCS-
P0408, OCS-P0414, OCS-P0319, OCS-P0320, OCS-P0322, OCS-P0323-A, OCS-
P0426, OCS-P0427, OCS-P0432, OCS-P0435, OCS-P0452, OCS-P0453, OCS-
P0425, OCS-P0430, OCS-P0431, OCS-P0433, OCS-P0434, OCS-P0415, OCS-
P0416, OCS-P0421, and OCS-P0422.
    Sec. 331. None of the funds made available in this Act may be used 
for the planning, design, or construction of improvements to 
Pennsylvania Avenue in front of the White House without the advance 
approval of the Committees on Appropriations.
    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 2003''.

            Passed the House of Representatives July 17, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.




                                                       Calendar No. 503

107th CONGRESS

  2d Session

                               H. R. 5093

_______________________________________________________________________

                                 AN ACT

 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2003, and for other 
                               purposes.

_______________________________________________________________________

                             July 18, 2002

            Received; read twice and placed on the calendar