[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2691 Reported in House (RH)]

                                                 Union Calendar No. 100
108th CONGRESS
  1st Session
                                H. R. 2691

                          [Report No. 108-195]

 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2004, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2003

  Mr. Taylor of North Carolina, from the Committee on Appropriations, 
 reported the following bill; which was committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2004, 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, 2004, and for other purposes, 
namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For necessary expenses 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)), $834,088,000, to 
remain available until expended, of which $1,000,000 is for high 
priority projects, to be carried out by the Youth Conservation Corps; 
$2,222,000 is 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 $3,000,000 shall be 
available in fiscal year 2004 subject to a match by at least an equal 
amount by the National Fish and Wildlife 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 is 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 $834,088,000, and $2,000,000, 
to remain available until expended, from communication site rental fees 
established by the Bureau for the cost of administering communication 
site activities: Provided, That appropriations herein made shall not be 
available for the destruction of healthy, unadopted, wild horses and 
burros in the care of the Bureau or its contractors.

                        wildland fire management

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $698,725,000, 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 
heading 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 
heading 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: Provided further, That the Secretary of the 
Interior and the Secretary of Agriculture may authorize the transfer of 
funds appropriated for wildland fire management, in an aggregate amount 
not to exceed $12,000,000, between the Departments when such transfers 
would facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Federal 
emergency response actions.

                    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.

                            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, $14,000,000, to be derived 
from the Land and Water Conservation Fund, and to remain available 
until expended.

                   oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including 
existing connecting roads on or adjacent to such grant lands; 
$106,672,000 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: Provided further, 
That section 28 of title 30, United States Code, is amended: (1) in 
section 28f(a), by striking ``for years 2002 through 2003'' and 
inserting in lieu thereof ``for years 2004 through 2008''; and (2) in 
section 28g, by striking ``and before September 30, 2003'' and 
inserting in lieu thereof ``and before September 30, 2008''.

                United States Fish and Wildlife Service

                          resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
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, $959,901,000, to remain 
available until September 30, 2005, except as otherwise provided 
herein: 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: Provided further, That not to exceed $12,286,000 
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 $8,900,000 
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; 
$52,718,000, to remain available until expended.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $23,058,000, to be derived 
from the Land and Water Conservation Fund, and to remain available 
until expended: 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, and to remain available until expended: 
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, candidate, 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, and to remain available until expended: 
Provided, That the amount provided herein is for a Stewardship Grants 
Program established by the Secretary to provide grants and other 
assistance to individuals and groups engaged in private conservation 
efforts that benefit federally listed, proposed, candidate, 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, $86,614,000, of 
which $36,614,000 is to be derived from the Cooperative Endangered 
Species Conservation Fund and $50,000,000 is to be derived from the 
Land and Water Conservation Fund and to remain available until 
expended.

                     national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $14,414,000.

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, as amended, 
$24,560,000, to remain available until expended.

                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.

                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), $5,000,000, to remain available until expended.

                    state and tribal 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, $75,000,000 
to be derived from the Land and Water Conservation Fund, and to remain 
available until expended: Provided, That of the amount provided herein, 
$6,000,000 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 $6,000,000 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 2004 to any 
State, territory, or other jurisdiction that remains unobligated as of 
September 30, 2005, shall be reapportioned, together with funds 
appropriated in 2006, in the manner provided herein: Provided further, 
That balances from amounts previously appropriated under the heading 
``State Wildlife Grants'' shall be transferred to and merged with this 
appropriation and shall remain available until expended.

                       administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 157 
passenger motor vehicles, of which 142 are for replacement only 
(including 33 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 the House Report accompanying this Act.

                         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, $1,636,882,000 of which $10,887,000 is 
for planning and interagency coordination in support of Everglades 
restoration and shall remain available until expended; of which 
$98,480,000, to remain available until September 30, 2005, 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 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.

                       united states park police

    For expenses necessary to carry out the programs of the United 
States Park Police, $78,859,000.

                  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, $54,924,000: Provided, That 
none of the funds in this or previous Acts for the Rivers, Trails and 
Conservation Assistance Program may be used for cooperative agreements 
or any other form of cash grant.

                     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.), 
$305,000, to remain available until expended.

                       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), $71,000,000, 
to be derived from the Historic Preservation Fund, to remain available 
until September 30, 2005: Provided, 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, 
$303,199,000, to remain available until expended: 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 no funds appropriated in 
this Act and in any prior Acts for the purpose of implementing the 
Modified Water Deliveries to Everglades National Park Project shall be 
available for expenditure unless the Secretary of the Interior, the 
Secretary of the Army, the Administrator of the Environmental 
Protection Agency, and the Attorney General file a joint report by 
September 30, 2003, and every six months thereafter until December 31, 
2006, to the House and Senate Committees on Appropriations, the House 
Committee on Transportation and Infrastructure, the House Committee on 
Resources and the Senate Committee on Environment and Public Works, 
indicating that the water entering A.R.M. Loxahatchee National Wildlife 
Refuge and Everglades National Park meets all applicable State water 
quality standards and numeric criteria adopted for phosphorus 
throughout A.R.M. Loxahatchee National Wildlife Refuge and Everglades 
National Park, as well as water quality requirements set forth in the 
Consent Decree entered in United States v. South Florida Water 
Management District, and that the House and Senate Committees on 
Appropriations respond in writing to the report indicating that the 
funds are available for expenditure.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2004 by 16 U.S.C. 
4601-10a is rescinded.

                 land acquisition and state assistance

                     (including transfers of funds)

    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, $131,154,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $97,500,000 is for the State assistance program including 
$2,500,000 to administer this program: Provided, That none of the funds 
provided for the State assistance program may be used to establish a 
contingency fund: Provided further, That notwithstanding any other 
provision of law, the Secretary of the Interior, using prior year 
unobligated funds made available under any Act enacted before the date 
of enactment of this Act for land acquisition assistance to the State 
of Florida for the acquisition of lands or water, or interests therein, 
within the Everglades watershed, shall transfer $5,000,000 to the 
United States Fish and Wildlife Service ``Resource Management'' account 
for the purpose of funding water quality monitoring and eradication of 
invasive exotic plants at A.R.M. Loxahatchee National Wildlife Refuge, 
as well as recovery actions for any listed species in the South Florida 
ecosystem, and may transfer such sums as may be determined necessary by 
the Secretary of the Interior to the U.S. Army Corps of Engineers 
``Construction, General'' account for the purpose of modifying the 
construction of Storm Water Treatment Area 1 East to include additional 
water quality improvement measures, such as additional 
compartmentalization, improved flow control, vegetation management, and 
other additional technologies based upon the recommendations of the 
Secretary of the Interior and the South Florida Water Management 
District, to maximize the treatment effectiveness of Storm Water 
Treatment Area 1 East so that water delivered by Storm Water Treatment 
Area 1 East to A.R.M. Loxahatchee National Wildlife Refuge achieves 
State water quality standards, including the numeric criterion for 
phosphorus, and that the cost sharing provisions of section 528 of the 
Water Resources Development Act of 1996 (110 Stat. 3769) shall apply to 
any funds provided by the Secretary of the Interior to the U.S. Army 
Corps of Engineers for this purpose: Provided further, That, subsequent 
to the transfer of the $5,000,000 to the U.S. Fish and Wildlife Service 
and the transfer of funds, if any, to the U.S. Army Corps of Engineers 
to carry out water quality improvement measures for Storm Water 
Treatment Area 1 East, if any funds remain to be expended after the 
requirements of these provisions have been met, then the Secretary of 
the Interior may transfer, as appropriate, and use the remaining funds 
for Everglades restoration activities benefiting the lands and 
resources managed by the Department of the Interior in South Florida, 
subject to the approval by the House and Senate Committees on 
Appropriations of a reprogramming request by the Secretary detailing 
how the remaining funds will be expended for this purpose.

                       administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 249 passenger motor vehicles, of which 
202 shall be for replacement only, including not to exceed 193 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.

                    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; $935,660,000, of which $64,536,000 shall be available 
only for cooperation with States or municipalities for water resources 
investigations; and of which $15,227,000 shall remain available until 
expended for conducting inquiries into the economic conditions 
affecting mining and materials processing industries; and of which 
$8,000,000 shall remain available until expended for satellite 
operations; and of which $24,190,000 shall be available until September 
30, 2005, for the operation and maintenance of facilities and deferred 
maintenance; and of which $173,349,000 shall be available until 
September 30, 2005, for the biological research activity and the 
operation of the Cooperative Research Units: Provided, That none of 
these funds provided for the biological research activity shall be used 
to conduct new surveys on private property, unless specifically 
authorized in writing by the property owner: Provided further, That no 
part of this appropriation shall be used to pay more than one-half the 
cost of topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and 
municipalities.

                       administrative provisions

    The amount appropriated for the United States Geological Survey 
shall be available for the purchase of not to exceed 53 passenger motor 
vehicles, of which 48 are for replacement only; reimbursement to the 
General Services Administration for security guard services; 
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 notwithstanding the 
provisions of the Federal Grant and Cooperative Agreement Act of 1977 
(31 U.S.C. 6301-6308), the U.S. Geological Survey is authorized to 
continue existing, and hereafter, to enter into new cooperative 
agreements directed towards a particular cooperator, in support of 
joint research and data collection activities with Federal, State, and 
academic partners funded by appropriations herein, including those that 
provide for space in cooperator facilities.

                      Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; and for matching grants or cooperative 
agreements; including the purchase of not to exceed eight passenger 
motor vehicles for replacement only, $164,216,000, of which 
$80,396,000, 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 
(MMS) 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, 2005: 
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 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, and 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, $7,105,000, 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; $106,424,000: Provided, That the 
Secretary of the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected in fiscal year 2004 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, $194,469,000, 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 2004: 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, $1,902,106,000, to remain 
available until September 30, 2005 except as otherwise provided herein, 
of which not to exceed $85,925,000 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 $135,315,000 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 2004, as 
authorized by such Act, except that tribes and tribal organizations may 
use their tribal priority allocations for unmet indirect costs of 
ongoing contracts, grants, or compacts, or annual funding agreements 
and for unmet welfare assistance costs; and of which not to exceed 
$458,524,000 for school operations costs of Bureau-funded schools and 
other education programs shall become available on July 1, 2004, and 
shall remain available until September 30, 2005; and of which not to 
exceed $55,374,000 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 $49,297,000 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 ongoing grants entered 
into with the Bureau prior to or during fiscal year 2003 for the 
operation of Bureau-funded schools, and up to $3,000,000 within and 
only from such amounts made available for school operations shall be 
available for the transitional costs of initial administrative cost 
grants to tribes and tribal organizations that enter into grants for 
the operation on or after July 1, 2004 of Bureau-operated schools: 
Provided further, That any forestry funds allocated to a tribe which 
remain unobligated as of September 30, 2005, may be transferred during 
fiscal year 2006 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, 2006.

                              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, $345,154,000, 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 2004, 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

                     (including transfer of funds)

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $60,551,000, to remain available 
until expended; of which $31,610,000 shall be available for 
implementation of enacted Indian land and water claim settlements 
pursuant to Public Laws 101-618, 107-331, and 102-575, and for 
implementation of other enacted water rights settlements; and of which 
$18,817,000 shall be available pursuant to Public Laws 99-264, 100-580, 
106-425, and 106-554; and of which $9,968,000 shall be available for 
payment to the Quinault Indian Nation pursuant to the terms of the 
North Boundary Settlement Agreement dated July 14, 2000, providing for 
the acquisition of perpetual conservation easements from the Nation: 
Provided, That of the payment to the Quinault Indian Nation, $4,968,000 
shall be derived from amounts provided under the heading ``United 
States Fish and Wildlife Service, Land Acquisition'' in Public Law 108-
7.

                 indian guaranteed loan program account

    For the cost of guaranteed and insured loans, $5,797,000, 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 
$94,568,000.
    In addition, for administrative expenses to carry out the 
guaranteed and insured loan programs, $700,000.

                       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, or pooled 
overhead general administration (except facilities operations and 
maintenance) shall be available for tribal contracts, grants, compacts, 
or cooperative agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
    In the event any tribe returns appropriations made available by 
this Act to the Bureau of Indian Affairs for distribution to other 
tribes, this action shall not diminish the Federal Government's trust 
responsibility to that tribe, or the government-to-government 
relationship between the United States and that tribe, or that tribe's 
ability to access future appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available to 
support the operation of any elementary or secondary school in the 
State of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995. Funds made available under this Act may not be used 
to establish a charter school at a Bureau-funded school (as that term 
is defined in section 1146 of the Education Amendments of 1978 (25 
U.S.C. 2026)), except that a charter school that is in existence on the 
date of the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate during 
that period, but only if the charter school pays to the Bureau a pro 
rata share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such 
funding. Employees of Bureau-funded schools sharing a campus with a 
charter school and performing functions related to the charter school's 
operation and employees of a charter school shall not be treated as 
Federal employees for purposes of chapter 171 of title 28, United 
States Code.

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $74,343,000, of which: 
(1) $68,022,000 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) $6,321,000 
shall be available for salaries and expenses of the Office of Insular 
Affairs: Provided, That all financial transactions of the territorial 
and local governments herein provided for, including such transactions 
of all agencies or instrumentalities established or used by such 
governments, may be audited by the General Accounting Office, at its 
discretion, in accordance with chapter 35 of title 31, United States 
Code: Provided further, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the Agreement of 
the Special Representatives on Future United States Financial 
Assistance for the Northern Mariana Islands approved by Public Law 104-
134: Provided further, That of the amounts provided for technical 
assistance, sufficient funds shall be made available for a grant to the 
Pacific Basin Development Council: 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 221(a)(3), 221(b), 223, 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 221(a)(2), 
221(b), and 233 of the Compact of Free Association, $16,354,000, 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, $79,027,000, 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: Provided, That none of the funds 
in this or previous appropriations Acts may be used to establish any 
additional reserves in the Working Capital account other than the two 
authorized reserves without prior approval of the House and Senate 
Committees on Appropriations.

                          Working Capital Fund

    From unobligated balances under this heading, $20,000,000 are 
hereby cancelled.

                       Payments in Lieu of Taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-6907), $225,000,000, of which not to exceed 
$400,000 shall be available for administrative expenses: Provided, That 
no payment shall be made to otherwise eligible units of local 
government if the computed amount of the payment is less than $100.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $50,374,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$39,049,000, 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.

             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, $219,641,000, 
of which $75,000,000 shall be available for historical accounting, to 
remain available until expended: Provided, That funds for trust 
management improvements and litigation support may, as needed, be 
transferred to or merged with the Bureau of Indian Affairs, ``Operation 
of Indian Programs'' account; the Office of the Solicitor, ``Salaries 
and Expenses'' account; and 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 2004, 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 and 
remain available in this account for this purpose.

                       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, $20,980,000, to remain available 
until expended.

           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.), 
$5,633,000, 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. A grazing permit or lease that expires (or is 
transferred) during fiscal year 2004 shall be renewed under section 402 
of the Federal Land Policy and Management Act of 1976, as amended (43 
U.S.C. 1752) or, if applicable, section 510 of the California Desert 
Protection Act (16 U.S.C. 410aaa-50). The terms and conditions 
contained in the expiring permit or lease shall continue in effect 
under the new permit or lease until such time as the Secretary of the 
Interior completes processing of such permit or lease in compliance 
with all applicable laws and regulations, at which time such permit or 
lease may be canceled, suspended or modified, in whole or in part, to 
meet the requirements of such applicable laws and regulations. Nothing 
in this section shall be deemed to alter the Secretary's statutory 
authority: Provided, That 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. 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 
2004. 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 2004 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. 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. 121. 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 2003, may be credited to the 
appropriation from which funds were expended to acquire or grow the 
seeds or seedlings and are available without fiscal year limitation.
    Sec. 122. White River Oil Shale Mine, Utah. Sale.--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. 123. 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 (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. 124. 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. 125. 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. 126. 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. 127. 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. 128. None of the funds in this or any other Act can be used to 
compensate the Special Master and the Special Master-Monitor, and all 
variations thereto, 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. 129. 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. 130. 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, intended for harvest, that are released from Federally operated 
or Federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.
    Sec. 131. Such sums as may be necessary from ``Departmental 
Management, Salaries and Expenses'', may be transferred to ``United 
States Fish and Wildlife Service, Resource Management'' for operational 
needs at the Midway Atoll National Wildlife Refuge airport.
    Sec. 132. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake 
below the range of water levels required for the operation of the Glen 
Canyon Dam.
    Sec. 133. Section 122 of division F of Public Law 108-7 is amended 
as follows:
    (a) Paragraph 122(a)(4) is amended to read--
            ``(4) Tribally controlled school.--The term `tribally 
        controlled school' means a school that currently receives a 
        grant under the Tribally Controlled Schools Act of 1988, as 
        amended (25 U.S.C. 2501 et seq.) or is determined by the 
        Secretary to meet the eligibility criteria of section 5205 of 
        the Tribally Controlled Schools Act of 1988, as amended (25 
        U.S.C. 2504).''.
    (b) Paragraph 122(b)(1) is amended by striking the second sentence 
and inserting: ``The Secretary shall ensure that applications for 
funding to replace schools currently receiving funding for facility 
operation and maintenance from the Bureau of Indian Affairs receive the 
highest priority for grants under this section. Among such 
applications, the Secretary shall give priority to applications of 
Indian tribes that agree to fund all future facility operation and 
maintenance costs of the tribally controlled school funded under the 
demonstration program from other than Federal funds.''.
    (c) Subsection (c) is amended by inserting after ``Effect of 
Grant.--'' the following: ``(1) Except as provided in paragraph (2) of 
this subsection,'' and is further amended by adding the following new 
paragraph:
            ``(2) A tribe receiving a grant for construction of a 
        tribally controlled school under this section shall not be 
        eligible to receive funding from the Bureau of Indian Affairs 
        for that school for education operations or facility operation 
        and maintenance if the school that was not at the time of the 
        grant: (i) a school receiving funding for education operations 
        or facility operation and maintenance under the Tribally 
        Controlled Schools Act or the Indian Self-Determination and 
        Education Assistance Act or (ii) a school operated by the 
        Bureau of Indian Affairs.''.
    Sec. 134. The Secretary of the Interior shall within 180 days of 
the enactment of this Act submit to the House and Senate Committees on 
Appropriations a report that describes the condition and adequacy of 
educational facilities available to the Eastern Band of Cherokee 
Indians, the availability of lands necessary for the construction of 
any necessary new or replacement education facilities, and the impacts 
that construction of such facilities might have on natural, cultural, 
and other resources present within the Great Smoky Mountains National 
Park and the Blue Ridge Parkway. The report shall specifically address 
the resource implications of the land exchange described in H.R. 1409, 
``The Eastern Band of Cherokee Indians Land Exchange Act of 2002'' as 
introduced in the 108th Congress. The Secretary shall consult with the 
Eastern Band of Cherokee Indians in preparing the report.

 land exchange, world war i national memorial, mojave national preserve

    Sec. 135. (a) Exchange Required.--In exchange for the private 
property described in subsection (b), the Secretary of the Interior 
shall convey to the Veterans Home of California-Barstow, Veterans of 
Foreign Wars Post #385E (in this section referred to as the 
``recipient''), all right, title, and interest of the United States in 
and to a parcel of real property consisting of approximately one acre 
in the Mojave National Preserve and designated (by section 8137 of the 
Department of Defense Appropriations Act, 2002 (Public Law 101-117; 115 
Stat. 2278)) as a national memorial commemorating United States 
participation in World War I and honoring the American veterans of that 
war. Notwithstanding the conveyance of the property under this 
subsection, the Secretary shall continue to carry out the 
responsibilities of the Secretary under such section 8137.
    (b) Consideration.--As consideration for the property to be 
conveyed by the Secretary under subsection (a), Mr. and Mrs. Henry 
Sandoz of Mountain Pass, California, have agreed to convey to the 
Secretary a parcel of real property consisting of approximately five 
acres, identified as parcel APN 569-051-44, and located in the west \1/
2\ of the northeast \1/4\ of the northwest \1/4\ of the northwest \1/4\ 
of section 11, township 14 north, range 15 east, San Bernardino base 
and meridian.
    (c) Equal Value Exchange; Appraisal.--The values of the properties 
to be exchanged under this section shall be equal or equalized as 
provided in subsection (d). The value of the properties shall be 
determined through an appraisal performed by a qualified appraiser in 
conformance with the Uniform Appraisal Standards for Federal Land 
Acquisitions (Department of Justice, December 2000).
    (d) Cash Equalization.--Any difference in the value of the 
properties to be exchanged under this section shall be equalized 
through the making of a cash equalization payment. The Secretary shall 
deposit any cash equalization payment received by the Secretary under 
this subsection in the Land and Water Conservation Fund.
    (e) Reversionary Clause.--The conveyance under subsection (a) shall 
be subject to the condition that the recipient maintain the conveyed 
property as a memorial commemorating United States participation in 
World War I and honoring the American veterans of that war. If the 
Secretary determines that the conveyed property is no longer being 
maintained as a war memorial, the property shall revert to the 
ownership of the United States.
    (f) Boundary Adjustment; Administration of Acquired Land.--The 
boundaries of the Mojave National Preserve shall be adjusted to reflect 
the land exchange required by this section. The property acquired by 
the Secretary under this section shall become part of the Mojave 
National Preserve and be administered in accordance with the laws, 
rules, and regulations generally applicable to the Mojave National 
Preserve.

                   blue ridge national heritage area

    Sec. 136. (a) Short Title.--This section may be cited as the ``Blue 
Ridge National Heritage Area Act of 2003''.
    (b) Findings and Purpose.--
            (1) Findings.--Congress finds that:
                    (A) The Blue Ridge Mountains and the extensive 
                cultural and natural resources of the Blue Ridge 
                Mountains have played a significant role in the history 
                of the United States and the State of North Carolina.
                    (B) Archaeological evidence indicates that the Blue 
                Ridge Mountains have been inhabited by humans since the 
                last retreat of the glaciers, with the Native Americans 
                living in the area at the time of European discovery 
                being primarily of Cherokee descent.
                    (C) The Blue Ridge Mountains of western North 
                Carolina, including the Great Smoky Mountains, played a 
                unique and significant role in the establishment and 
                development of the culture of the United States through 
                several distinct legacies, including--
                            (i) the craft heritage that--
                                    (I) was first influenced by the 
                                Cherokee Indians;
                                    (II) was the origin of the 
                                traditional craft movement starting in 
                                1900 and the contemporary craft 
                                movement starting in the 1940's; and
                                    (III) is carried out by over 4,000 
                                craftspeople in the Blue Ridge 
                                Mountains of western North Carolina, 
                                the third largest concentration of such 
                                people in the United States;
                            (ii) a musical heritage comprised of 
                        distinctive instrumental and vocal traditions 
                        that--
                                    (I) includes stringband music, 
                                bluegrass, ballad singing, blues, and 
                                sacred music;
                                    (II) has received national 
                                recognition; and
                                    (III) has made the region one of 
                                the richest repositories of traditional 
                                music and folklife in the United 
                                States;
                            (iii) the Cherokee heritage--
                                    (I) dating back thousands of years; 
                                and
                                    (II) offering--
                                            (aa) nationally significant 
                                        cultural traditions practiced 
                                        by the Eastern Band of Cherokee 
                                        Indians;
                                            (bb) authentic tradition 
                                        bearers;
                                            (cc) historic sites; and
                                            (dd) historically important 
                                        collections of Cherokee 
                                        artifacts; and
                            (iv) the agricultural heritage established 
                        by the Cherokee Indians, including medicinal 
                        and ceremonial food crops, combined with the 
                        historic European patterns of raising 
                        livestock, culminating in the largest number of 
                        specialty crop farms in North Carolina.
                    (D) The artifacts and structures associated with 
                those legacies are unusually well-preserved.
                    (E) The Blue Ridge Mountains are recognized as 
                having one of the richest collections of historical 
                resources in North America.
                    (F) The history and cultural heritage of the Blue 
                Ridge Mountains are shared with the States of Virginia, 
                Tennessee, and Georgia.
                    (G) there are significant cultural, economic, and 
                educational benefits in celebrating and promoting this 
                mutual heritage.
                    (H) according to the 2002 reports entitled ``The 
                Blue Ridge Heritage and Cultural Partnership'' and 
                ``Western North Carolina National Heritage Area 
                Feasibility Study and Plan'', the Blue Ridge Mountains 
                contain numerous resources that are of outstanding 
                importance to the history of the United States.
                    (I) it is in the interest of the United States to 
                preserve and interpret the cultural and historical 
                resources of the Blue Ridge Mountains for the education 
                and benefit of present and future generations.
            (2) Purpose.--The purpose of this section is to foster a 
        close working relationship with, and to assist, all levels of 
        government, the private sector, and local communities in the 
        State in managing, preserving, protecting, and interpreting the 
        cultural, historical, and natural resources of the Heritage 
        Area while continuing to develop economic opportunities.
    (c) Definitions.--
            (1) In this section:
                    (A) Heritage area.--The term ``Heritage Area'' 
                means the Blue Ridge National Heritage Area established 
                by subsection (d).
                    (B) Management entity.--The term ``management 
                entity'' means the management entity for the Heritage 
                Area designated by subsection (d)(3).
                    (C) Management plan.--The term ``management plan'' 
                means the management plan for the Heritage Area 
                approved under subsection (e).
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
                    (E) State.--The term ``State'' means the State of 
                North Carolina.
    (d) Blue Ridge National Heritage Area.--
            (1) Establishment.--There is established the Blue Ridge 
        National Heritage Area in the State.
            (2) Boundaries.--The Heritage Area shall consist of the 
        counties of Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, 
        Cherokee, Clay, Graham, Haywood, Henderson, Jackson, McDowell, 
        Macon, Madison, Mitchell, Polk, Rutherford, Surry, Swain, 
        Transylvania, Watauga, Wilkes, Yadkin, and Yancey in the State.
            (3) Management entity.--
                    (A) In general.--As a condition of the receipt of 
                funds made available under subsection (i), the Blue 
                Ridge National Heritage Area Partnership shall be the 
                management entity for the Heritage Area.
                    (B) Board of directors.--
                            (i) Composition.--The management entity 
                        shall be governed by a board of directors 
                        composed of 9 members, of whom--
                                    (I) 2 members shall be appointed by 
                                AdvantageWest;
                                    (II) 2 members shall be appointed 
                                by HandMade In America, Inc.;
                                    (III) 1 member shall be appointed 
                                by the Education Research Consortium of 
                                Western North Carolina;
                                    (IV) 1 member shall be appointed by 
                                the Eastern Band of the Cherokee 
                                Indians; and
                                    (V) 3 members shall be appointed by 
                                the Governor of North Carolina and 
                                shall--
                                            (aa) reside in 
                                        geographically diverse regions 
                                        of the Heritage Area;
                                            (bb) be a representative of 
                                        State or local governments or 
                                        the private sector; and
                                            (cc) have knowledge of 
                                        tourism, economic and community 
                                        development, regional planning, 
                                        historic preservation, cultural 
                                        or natural resources 
                                        development, regional planning, 
                                        conservation, recreational 
                                        services, education, or museum 
                                        services.
    (e) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this section, the management entity shall submit 
        to the Secretary for approval a management plan for the 
        Heritage Area.
            (2) Consideration of other plans and actions.--In 
        developing the management plan, the management entity shall--
                    (A) for the purpose of presenting a unified 
                preservation and interpretation plan, take into 
                consideration Federal, State, and local plans; and
                    (B) provide for the participation of residents, 
                public agencies, and private organizations in the 
                Heritage Area.
            (3) Contents.--The management plan shall--
                    (A) present comprehensive recommendations and 
                strategies for the conservation, funding, management, 
                and development of the Heritage Area;
                    (B) identify existing and potential sources of 
                Federal and non-Federal funding for the conservation, 
                management, and development of the Heritage Area; and
                    (C) include--
                            (i) an inventory of the cultural, 
                        historical, natural, and recreational resources 
                        of the Heritage Area, including a list of 
                        property that--
                                    (I) relates to the purposes of the 
                                Heritage Area; and
                                    (II) should be conserved, restored, 
                                managed, developed, or maintained 
                                because of the significance of the 
                                property;
                            (ii) a program of strategies and actions 
                        for the implementation of the management plan 
                        that identifies the roles of agencies and 
                        organizations that are involved in the 
                        implementation of the management plan;
                            (iii) an interpretive and educational plan 
                        for the Heritage Area;
                            (iv) a recommendation of policies for 
                        resource management and protection that develop 
                        intergovernmental cooperative agreements to 
                        manage and protect the cultural, historical, 
                        natural, and recreational resources of the 
                        Heritage Area; and
                            (v) an analysis of ways in which Federal, 
                        State, and local programs may best be 
                        coordinated to promote the purposes of this 
                        section.
            (4) Effect of failure to submit.--If a management plan is 
        not submitted to the Secretary by the date described in 
        paragraph (1), the Secretary shall not provide any additional 
        funding under this section until a management plan is submitted 
        to the Secretary.
            (5) Approval or disapproval of management plan.--
                    (A) In general.--Not later than 90 days after 
                receiving the management plan submitted under paragraph 
                (1), the Secretary shall approve or disapprove the 
                management plan.
                    (B) Criteria.--In determining whether to approve 
                the management plan, the Secretary shall consider 
                whether the management plan--
                            (i) has strong local support from 
                        landowners, business interests, nonprofit 
                        organizations, and governments in the Heritage 
                        Area; and
                            (ii) has a high potential for effective 
                        partnership mechanisms.
                    (C) Action following disapproval.--If the Secretary 
                disapproves a management plan under subparagraph (A), 
                the Secretary shall--
                            (i) advise the management entity in writing 
                        of the reasons for the disapproval;
                            (ii) make recommendations for revisions to 
                        the management plan; and
                            (iii) allow the management entity to submit 
                        to the Secretary revisions to the management 
                        plan.
                    (D) Deadline for approval of revision.--Not later 
                than 60 days after the date on which a revision is 
                submitted under subparagraph (C)(iii), the Secretary 
                shall approve or disapprove the proposed revision.
            (6) Amendment of approved management plan.--
                    (A) In general.--After approval by the Secretary of 
                a management plan, the management entity shall 
                periodically--
                            (i) review the management plan; and
                            (ii) submit to the Secretary, for review 
                        and approval, the recommendation of the 
                        management entity for any amendments to the 
                        management plan.
                    (B) Use of funds.--No funds made available under 
                subsection (i) shall be used to implement any amendment 
                proposed by the management entity under subparagraph 
                (A) until the Secretary approves the amendment.
    (f) Authorities and Duties of the Management Entity.--
            (1) Authorities.--For the purposes of developing and 
        implementing the management plan, the management entity may use 
        funds made available under subsection (i) to--
                    (A) make grants to, and enter into cooperative 
                agreements with, the State (including a political 
                subdivision), nonprofit organizations, or persons;
                    (B) hire and compensate staff; and
                    (C) enter into contracts for goods and services.
            (2) Duties.--In addition to developing the management plan, 
        the management entity shall--
                    (A) develop and implement the management plan while 
                considering the interests of diverse units of 
                government, businesses, private property owners, and 
                nonprofit groups in the Heritage Area;
                    (B) conduct public meetings in the Heritage Area at 
                least semiannually on the development and 
                implementation of the management plan;
                    (C) give priority to the implementation of actions, 
                goals, and strategies in the management plan, including 
                providing assistance to units of government, nonprofit 
                organizations, and persons in--
                            (i) carrying out the programs that protect 
                        resources in the Heritage Area;
                            (ii) encouraging economic viability in the 
                        Heritage Area in accordance with the goals of 
                        the management plan;
                            (iii) establishing and maintaining 
                        interpretive exhibits in the Heritage Area;
                            (iv) developing recreational and 
                        educational opportunities in the Heritage Area; 
                        and
                            (v) increasing public awareness of and 
                        appreciation for the cultural, historical, and 
                        natural resources of the Heritage Area; and
                    (D) for any fiscal year for which Federal funds are 
                received under subsection (i)--
                            (i) submit to the Secretary a report that 
                        describes, for the fiscal year--
                                    (I) the accomplishments of the 
                                management entity;
                                    (II) the expenses and income of the 
                                management entity; and
                                    (III) each entity to which a grant 
                                was made;
                            (ii) make available for audit by Congress, 
                        the Secretary, and appropriate units of 
                        government, all records relating to the 
                        expenditure of funds and any matching funds; 
                        and
                            (iii) require, for all agreements 
                        authorizing expenditure of Federal funds by any 
                        entity, that the receiving entity make 
                        available for audit all records relating to the 
                        expenditure of funds.
            (3) Prohibition on the acquisition of real property.--The 
        management entity shall not use Federal funds received under 
        subsection (i) to acquire real property or an interest in real 
        property.
    (g) Technical and Financial Assistance.--
            (1) In general.--The Secretary may provide to the 
        management entity technical assistance and, subject to the 
        availability of appropriations, financial assistance, for use 
        in developing and implementing the management plan.
            (2) Priority for assistance.--In providing assistance under 
        subsection (a), the Secretary shall give priority to actions 
        that facilitate--
                    (A) the preservation of the significant cultural, 
                historical, natural, and recreational resources of the 
                Heritage Area; and
                    (B) the provision of educational, interpretive, and 
                recreational opportunities that are consistent with the 
                resources of the Heritage Area.
    (h) Land Use Regulation.--
            (1) In general.--Nothing in this section--
                    (A) grants any power of zoning or land use to the 
                management entity; or
                    (B) modifies, enlarges, or diminishes any authority 
                of the Federal Government or any State or local 
                government to regulate any use of land under any law 
                (including regulations).
            (2) Private property.--Nothing in this section--
                    (A) abridges the rights of any person with respect 
                to private property;
                    (B) affects the authority of the State or local 
                government with respect to private property; or
                    (C) imposes any additional burden on any property 
                owner.
    (i) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $10,000,000, of which not more than 
        $1,000,000 shall be made available for any fiscal year.
            (2) Non-federal share.--The non-Federal share of the cost 
        of any activities carried out using Federal funds made 
        available under subsection (a) shall be not less than 50 
        percent.
    (j) Termination of Authority.--The authority of the Secretary to 
provide assistance under this section terminates on the date that is 15 
years after the date of enactment of this section.

            expedited procedures for indian trust accounting

    Sec. 137. (a) In General.--Notwithstanding any other provision of 
law, any claim against the United States arising out of any obligation 
of the United States or any of its agencies or officials relating to 
the conduct of an accounting, or the balance of, any individual Indian 
money account arising prior to December 31, 2000 shall be governed by 
the provisions of this section.
    (b) Statistical Sampling.--Not later than one year following the 
date of enactment of this Act, the Secretary shall formulate a 
statistical sampling evaluation to assess the administration of 
individual Indian money accounts for those accounts that were open as 
of December 31, 2000, and all individual Indian money accounts that 
were open as of October 25, 1994, or opened thereafter but closed as of 
December 31, 2000. The statistical sampling evaluation described in 
this subsection shall be conducted in a manner the Secretary deems 
feasible and appropriate given the availability of records, data, and 
other historic information, and shall estimate, so as to achieve a 
ninety-eight percent confidence level, the rate of past accounting 
error, if any, for each group or categories of individual Indian money 
accounts. The Secretary shall complete a statistical sampling 
evaluation covering all subject accounts within four years of the date 
of enactment of this Act.
    (c) Certification.--Upon completion of a statistical sampling 
evaluation for a category or group of individual Indian money accounts, 
the Secretary shall certify completion of the evaluation and publish 
such certification in the Federal Register.
    (d) Adjustment of Accounts.--
            (1) Within 180 days following any certification under 
        subsection (c), the Secretary shall adjust any individual 
        Indian money accounts covered by that certification. The 
        Secretary shall base such adjustment on application of the 
        error rate, if any, determined by the statistical sampling to 
        the average transaction amount for transactions in an account. 
        In addition, the Secretary may also consider any factual 
        information regarding the particular account at issue in 
        adjusting the account.
            (2) Amounts necessary for adjustments to individual Indian 
        money accounts shall be derived from the claims and judgment 
        appropriation provided by 31 U.S.C. 1304 in the same manner as 
        payment of judgments received by the Court of Federal Claims 
        under 28 U.S.C. 2414.
    (e) No Downward Adjustment.--The Secretary may consider both 
positive and negative errors in estimating a rate of past accounting 
error, but in no event shall the Secretary adjust the balance of an 
account downward under this Act. In the event that the Secretary 
determines that the rate of past accounting error for an account is 
zero or negative, the Secretary shall make an adjustment of zero to 
that account. Such a zero adjustment shall constitute an ``adjustment'' 
as defined in this section.
    (f) Judicial Review.--
            (1) Notwithstanding any other provision of law, judicial 
        review of, or judicial relief with respect to, any action of 
        the United States or any of its agencies or officials in 
        carrying out the provisions of this section shall be made 
        solely in accordance with this subsection.
            (2) Judicial review of any agency action related to an 
        individual Indian money account performed pursuant to this 
        section may be had only by the filing of a petition for review 
        in the United States Court of Appeals for the District of 
        Columbia no later than 60 days after the Secretary's adjustment 
        of an account. Such review shall be conducted in accordance 
        with chapter 7 of part I of title 5, United States Code (5 
        U.S.C. 701, et seq.).
            (3) Except to the extent, if any, that review may be 
        required by the Constitution of the United States, no court 
        shall have jurisdiction to review, grant, or enforce any relief 
        with respect to any action of the United States or any of its 
        agencies or officials in carrying out any obligation described 
        in subsection (a) other than pursuant to paragraph (2). The 
        provisions of this paragraph shall apply to any litigation 
        filed before, on, or after the date of enactment of this 
        section.
    (g) Account Balances.--The balance of any account as determined 
under this Act, including judicial review in accordance with subsection 
(f), shall conclusively constitute the new balance of the account as of 
December 31, 2000, and shall not be subject to any further adjustment 
based upon events or occurrences prior to that date.
    (h) Voluntary Settlement of Claims.--Prior to commencing the 
statistical evaluation provided in subsection (b), the Secretary may, 
at the Secretary's discretion, resolve any claim or group of claims 
described in subsection (a) through voluntary settlement with any 
holder or holders of individual Indian money accounts. Such voluntary 
settlement shall be paid from the claims and judgment appropriation as 
provided in subsection (d) and shall conclusively resolve claims under 
subsection (a). The holder of the account who settles shall not be 
entitled to any further adjustment under this section.
    (i) Regulations.--The Secretary may adopt such regulations, as the 
Secretary deems necessary to implement this section.
    (j) Report to Congress.--The Secretary shall report to the House 
and Senate Committees on Appropriations, the House Committee on 
Resources, and the Senate Committee on Indian Affairs regarding the 
progress of statistical sampling evaluations at least once every 
calendar year until the Secretary has adjusted all accounts covered by 
this Act.
    (k) Definitions.--As used in this Act:
            (1) The term ``statistical sampling evaluation'' means an 
        analysis of a selected statistically appropriate sample drawn 
        from a group or groups of transactions or other data.
            (2) The term ``individual Indian money accounts'' means 
        account balances for funds held in trust by the United States 
        for the benefit of an individual Indian which are deposited or 
        invested pursuant to the Act of June 24, 1938 (25 U.S.C. 162a), 
        but shall not include accounts classified by the Secretary as 
        Special Deposit, Judgment, or Per Capita accounts.
            (3) The term ``adjust'' means to revise the balance of the 
        account pursuant to this Act.
            (4) The term ``Secretary'' means the Secretary of the 
        Interior.
    Sec. 138. None of the funds in this or any other Act may be used by 
the Department of the Interior to support the Klamath Fishery 
Management Council.
    Sec. 139. Notwithstanding any other provision of law, the United 
States Fish and Wildlife Service, heretofore and hereafter, may use 
funds for incidental expenses related to encouraging public 
participation in Service programs, and may use up to $2,000,000 per 
year for contracts for employment-related legal services.

                       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, $267,230,000, to remain available until expended: 
Provided, That of the funds provided, $49,428,000 is for the forest 
inventory and analysis program.

                       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 and for restoring and 
rehabilitating forests damaged by pests or invasive plants, cooperative 
forestry, and education and land conservation activities and conducting 
an international program as authorized, $290,758,000, to remain 
available until expended, as authorized by law: 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 contractual and grant details 
including the non-Federal cost share of each project, related to the 
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 or set of specific tasks: Provided further, That 
grants for acquisition of lands or conservation easements shall require 
that the State demonstrates 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, $1,400,792,000, 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 2004 shall be displayed by budget 
line item in the fiscal year 2005 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 and for the 
performance of cadastral surveys to designate the boundaries of such 
lands.
    For an additional amount to reimburse the Judgment Fund as required 
by 41 U.S.C. 612(c) for judgment liabilities previously incurred, 
$188,405,000.

                        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 fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands 
and water, $1,624,632,000, 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 2003 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 funds for Fire Science Research: Provided further, 
That funds provided shall be available for emergency rehabilitation and 
restoration, hazardous fuels 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, $246,392,000 is for hazardous fuels reduction 
activities, $40,000,000 is for rehabilitation and restoration, 
$22,000,000 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.), $51,000,000 is for 
State fire assistance, $8,240,000 is for volunteer fire assistance, 
$25,000,000 is for forest health activities on State, private, and 
Federal lands, and $6,000,000 is for economic action programs: Provided 
further, That amounts in this paragraph may be transferred to the 
``State and Private Forestry'', ``National Forest System'', and 
``Forest and Rangeland Research'' accounts to fund State fire 
assistance, volunteer fire assistance, forest health management, 
economic action programs, forest and rangeland research, vegetation and 
watershed management, heritage site rehabilitation, and wildlife and 
fish habitat management 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 
the House report accompanying this Act: 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 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 using the funds provided in this Act for 
hazardous fuels reduction activities, the Secretary of Agriculture may 
conduct fuel reduction treatments on Federal lands using all 
contracting and hiring authorities available to the Secretary 
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, non-profit, 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 the Interior and the Secretary of 
Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$12,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management 
programs and projects.

                  capital improvement and maintenance

    For necessary expenses of the Forest Service, not otherwise 
provided for, $560,473,000, to remain available until expended for 
construction, reconstruction, maintenance and acquisition of buildings 
and other facilities, and for construction, reconstruction, repair, 
decommissioning, and maintenance of forest roads and trails by the 
Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 
205: Provided, That up to $15,000,000 of the funds provided herein for 
road maintenance shall be available for the decommissioning of roads, 
including unauthorized roads not part of the transportation system, 
which are no longer needed: Provided further, That no funds shall be 
expended to decommission any system road until notice and an 
opportunity for public comment has been provided on each 
decommissioning project.

                            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, $29,288,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,069,000, 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, and for authorized 
expenditures from funds deposited by non-federal parties pursuant to 
Land Sale and Exchange Acts, 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), 
$5,535,000, 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 124 passenger 
motor vehicles of which 21 will be used primarily for law enforcement 
purposes and of which 124 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).
    None of the funds made available under this Act shall be obligated 
or expended to abolish any region, to move or close any regional office 
for National Forest System administration of the Forest Service, 
Department of Agriculture without the consent of the House and Senate 
Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions if and only if all previously appropriated emergency 
contingent funds under the heading ``Wildland Fire Management'' have 
been released by the President and apportioned 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 the House report accompanying 
this Act.
    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 the House report accompanying this Act.
    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.
    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, $3,000,000 may be advanced 
in a lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, 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 to aid conservation 
partnership projects in support of the Forest Service mission, 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.
    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.
    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Agriculture shall submit to Congress, and make 
available to interested persons, a report containing the results of a 
management review of outfitter and guiding operations in the John Muir, 
Ansel Adams, and Dinkey Lakes Wilderness Areas of the Inyo and Sierra 
National Forests, California. The report shall include information 
regarding: (1) how the Secretary intends to minimize adverse impacts on 
the historic access rights of special use permittees in these three 
wilderness areas; and (2) how the Secretary intends to ensure timely 
compliance with the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.).
    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 $1,000,000.
    The Secretary of Agriculture may authorize the sale of excess 
buildings, facilities, and other properties owned by the Forest Service 
and located on the Green Mountain National Forest, the revenues of 
which shall be retained by the Forest Service and available to the 
Secretary without further appropriation and until expended for 
maintenance and rehabilitation activities on the Green Mountain 
National Forest.
    The Secretary of Agriculture may transfer or reimburse funds 
available to the Forest Service, not to exceed $15,000,000, to the 
Secretary of the Interior or the Secretary of Commerce to expedite 
conferencing and consultations as required under section 7 of the 
Endangered Species Act, 16 U.S.C. 1536. The amount of the transfer or 
reimbursement shall be as mutually agreed by the Secretary of 
Agriculture and the Secretary of the Interior or Secretary of Commerce, 
as applicable, or their designees. The amount shall in no case exceed 
the actual costs of consultation and conferencing.
    Beginning on June 30, 2001 and concluding on December 31, 2004, an 
eligible individual who is employed in any project funded under Title V 
of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.

                          DEPARTMENT OF ENERGY

                         clean coal technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $86,000,000 shall not be available until October 1, 2004: 
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), $609,290,000 to remain available 
until expended, of which $2,000,000 is to continue a multi-year project 
for construction, renovation, furnishing, and demolition or removal of 
buildings at National Energy Technology Laboratory facilities in 
Morgantown, West Virginia and Pittsburgh, Pennsylvania; and of which 
$130,000,000 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 research, development, 
and demonstration projects 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 42 U.S.C. 5903d: 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, $20,500,000, 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, 2004 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, $879,487,000, to remain available until expended: Provided, 
That $270,000,000 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: $225,000,000 for weatherization assistance grants 
and $45,000,000 for State energy program grants.

                          economic regulation

    For necessary expenses in carrying out the activities of the Office 
of Hearings and Appeals, $1,047,000, 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.), $175,081,000, 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, $5,000,000, to remain available 
until expended.

                   energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $82,111,000, 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, $2,556,082,000, 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 $18,000,000 shall remain available 
until expended, for the Indian Catastrophic Health Emergency Fund: 
Provided further, That $460,046,000 for contract medical care shall 
remain available for obligation until September 30, 2005: Provided 
further, That of the funds provided, up to $27,000,000 to remain 
available until expended, 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 one-
year contracts and grants which are to be performed in two 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 until expended: 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 2004, 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, $392,560,000, 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 complete 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 none of the funds appropriated to the Indian 
Health Service may be used for sanitation facilities construction for 
new homes funded with grants by the housing programs of the United 
States Department of Housing and Urban Development: Provided further, 
That not to exceed $500,000 shall be used by the Indian Health Service 
to obtain ambulances for the Indian Health Service and tribal 
facilities in conjunction with an existing interagency agreement 
between the Indian Health Service and the General Services 
Administration: Provided further, That not to exceed $500,000 shall be 
placed in a Demolition Fund, available until expended, to be used by 
the Indian Health Service for demolition of Federal buildings.

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances 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.
    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, $13,532,000, 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), $5,250,000.

                        Smithsonian Institution

                         salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to five replacement passenger vehicles; purchase, 
rental, repair, and cleaning of uniforms for employees, $489,748,000, 
of which not to exceed $46,903,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, the National Museum 
of the American Indian, and the repatriation of skeletal remains 
program shall remain available until expended; and of which $828,000 
for fellowships and scholarly awards shall remain available until 
September 30, 2005; 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.

                           facilities capital

    For necessary expenses of repair, revitalization, 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), and for construction, including necessary 
personnel, $93,970,000, to remain available until expended, of which 
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109: 
Provided, That contracts awarded for environmental systems, protection 
systems, and repair or restoration of facilities of the Smithsonian 
Institution may be negotiated with selected contractors and awarded on 
the basis of contractor qualifications as well as price: Provided 
further, That balances from amounts previously appropriated under the 
headings ``Repair, Restoration and Alteration of Facilities'' and 
``Construction'' shall be transferred to and merged with this 
appropriation and shall remain 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 from the Board of Regents of recommendations 
received from the Science Commission.
    None of the funds in this or any other Act may be used to initiate 
the design for any proposed expansion of current space or new facility 
without consultation with the House and Senate Appropriations 
Committees.
    None of the funds in this or any other Act may be used for the Holt 
House located at the National Zoological Park in Washington, D.C., 
unless identified as repairs to minimize water damage, monitor 
structure movement, or provide interim structural support.
    None of the funds available to the Smithsonian may be reprogrammed 
without the advance written approval of the House and Senate Committees 
on Appropriations in accordance with the procedures contained in the 
House report accompanying this Act.
    The Secretary of the Smithsonian Institution may establish a 
voluntary separation incentive program substantially similar to the 
program established under section 1313(a) of the ``Homeland Security 
Act of 2002'' (Public Law 107-296, 116 Stat. 2135) for individuals 
serving in civil service positions in the Smithsonian Institution.

                        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, $88,849,000, 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, $11,600,000, 
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, $16,560,000.

                              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, $16,000,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$8,604,000.

           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, $117,480,000, 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, including $17,000,000 for support of arts education and public 
outreach activities through the Challenge America program, for program 
support, and for administering the functions of the Act, to remain 
available until expended: Provided, That funds previously appropriated 
to the National Endowment for the Arts ``Matching Grants'' account and 
``Challenge America'' account may be transferred to and merged with 
this account.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $120,878,000, 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.

                       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 the 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), $1,422,000: 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), $4,100,000: 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, $7,730,000: Provided, That for fiscal year 
2004 and thereafter, 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), $39,997,000, 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, $20,700,000 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, charges, or billings may be levied 
against any program, budget activity, subactivity, or project funded by 
this Act unless advance notice of such assessments, charges, or 
billings and the basis therefor are presented to the House and Senate 
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, 2004, 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, 107-63, 
and 108-7 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 
2003 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. Notwithstanding any other provision of law, none of the 
funds in this Act may be used for GSA Telecommunication Centers.
    Sec. 315. Notwithstanding any other provision of law, for fiscal 
year 2004 the Secretaries of Agriculture and the Interior are 
authorized to limit competition for watershed restoration project 
contracts as part of the ``Jobs in the Woods'' Program established in 
Region 10 of the Forest Service to individuals and entities in 
historically timber-dependent areas in the States of Washington, 
Oregon, northern California, Idaho, Montana, and Alaska that have been 
affected by reduced timber harvesting on Federal lands. The Secretaries 
shall consider the benefits to the local economy in evaluating bids and 
designing procurements which create economic opportunities for local 
contractors.
    Sec. 316. Amounts deposited during fiscal year 2003 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. 317. 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. 318. No timber sale in Region 10 shall be advertised if the 
indicated rate is deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western redcedar. 
Program accomplishments shall be based on volume sold. Should Region 10 
sell, in fiscal year 2004, 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 using a 
residual value approach that assigns 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 2003, 
less than the annual average portion of the decadal allowable sale 
quantity called for in the Tongass Land Management Plan in sales which 
are not deficit when appraised using a residual value approach that 
assigns 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 a 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. 319. 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. 320. Prior to October 1, 2004, 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. 321. 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. 322. 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 ``20'' and inserting 
        ``30'';
            (2) in subsection (c) by striking ``3'' and inserting 
        ``8''; and
            (3) in subsection (d), by striking ``2006'' and inserting 
        ``2007''.
    Sec. 323. Employees of the foundations established by Acts of 
Congress to solicit private sector funds on behalf of Federal land 
management agencies shall, in fiscal year 2004 and thereafter, qualify 
for General Service Administration contract airfares.
    Sec. 324. 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 fire management services are 
considered, for purposes of tort liability, employees of the country 
receiving said services when the individuals are engaged in fire 
management activities: Provided, That 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: Provided further, That 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: Provided further, That neither the sending country nor any 
legal organization associated with the firefighter shall be subject to 
any legal action whatsoever pertaining to or arising out of the 
firefighter's role in fire suppression.
    Sec. 325. A grazing permit or lease issued by the Secretary of the 
Interior or a grazing permit issued by the Secretary of Agriculture 
where National Forest System lands are involved that expires, is 
transferred, or waived during fiscal year 2004 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. 580l), title III of the Bankhead-Jones Farm Tenant 
Act (7 U.S.C. 1010 et seq.), or, if applicable, section 510 of the 
California Desert Protection Act (16 U.S.C. 410aaa-50). The terms and 
conditions contained in the expired, transferred, or waived permit or 
lease shall continue in effect under the renewed permit or lease until 
such time as the Secretary of the Interior or Secretary of Agriculture 
as appropriate 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: Provided, That where National Forest System lands are 
involved and the Secretary of Agriculture has renewed an expired or 
waived grazing permit prior to or during fiscal year 2004, the terms 
and conditions of the renewed grazing permit shall remain in effect 
until such time as the Secretary of Agriculture completes processing of 
the renewed permit in compliance with all applicable laws and 
regulations or until the expiration of the renewed permit, whichever 
comes first. Upon completion of the processing, the permit may be 
canceled, suspended or modified, in whole or in part, to meet the 
requirements of applicable laws and regulations. Nothing in this 
section shall be deemed to alter the Secretary of Agriculture's 
statutory authority.
    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 2004, 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. 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 2004.
    Sec. 329. 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.
    Sec. 330. In awarding a Federal Contract with funds made available 
by this Act, the Secretary of Agriculture and the Secretary of the 
Interior (the ``Secretaries'') may, in evaluating bids and proposals, 
give consideration to local contractors who are from, and who provide 
employment and training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including those 
historically timber-dependent areas that have been affected by reduced 
timber harvesting on Federal lands and other forest-dependent rural 
communities isolated from significant alternative employment 
opportunities: Provided, That the Secretaries may award grants or 
cooperative agreements to local non-profit entities, Youth Conservation 
Corps or related partnerships with State, local or non-profit youth 
groups, or small or disadvantaged business if the contract, grant, or 
cooperative agreement is for forest hazardous fuels reduction, 
watershed or water quality monitoring or restoration, wildlife or fish 
population monitoring, or habitat restoration or management: Provided 
further, That the terms ``rural community'' and ``economically 
disadvantaged'' shall have the same meanings as in section 2374 of 
Public Law 101-624: Provided further, That the Secretaries shall 
develop guidance to implement this section: Provided further, That 
nothing in this section shall be construed as relieving the Secretaries 
of any duty under applicable procurement laws, except as provided in 
this section.
    Sec. 331. No funds appropriated in this Act for the acquisition of 
lands or interests in lands may be expended for the filing of 
declarations of taking or complaints in condemnation without the 
approval of the House and Senate Committees on Appropriations: 
Provided, That this provision shall not apply to funds appropriated to 
implement the Everglades National Park Protection and Expansion Act of 
1989, or to funds appropriated for federal assistance to the State of 
Florida to acquire lands for Everglades restoration purposes.
    Sec. 332. Section 315(f) of the Department of the Interior and 
Related Agencies Appropriations Act, 1996 (as contained in section 
101(c) of Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a 
note), is amended--
            (1) by striking ``2004'' and inserting ``2006''; and
            (2) by striking ``2007'' and inserting ``2009''.
    Sec. 333. Subsection (c) of section 551 of the Land Between the 
Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is amended to read 
as follows:
    ``(c) Use of Funds.--The Secretary of Agriculture may expend 
amounts appropriated or otherwise made available to carry out this 
title in a manner consistent with the authorities exercised by the 
Tennessee Valley Authority before the transfer of the Recreation Area 
to the administrative jurisdiction of the Secretary, including 
campground management and visitor services, paid advertisement, and 
procurement of food and supplies for resale purposes.''.
    Sec. 334. Section 339 of the Department of the Interior and Related 
Agencies Appropriations Act, 2000, as enacted into law by section 
1000(a)(3) of Public Law 106-113 (113 Stat. 1501A-204; 16 U.S.C. 528 
note,), is amended--
            (1) in subsection (b)--
                    (A) in the first sentence, by striking ``not less 
                than the fair market value'' and inserting ``fees under 
                subsection (c)''; and
                    (B) by striking the second sentence and inserting 
                the following: ``The Secretary shall establish 
                appraisal methods and bidding procedures to determine 
                the fair market value of forest botanical products 
                harvested under the pilot program.'';
            (2) in subsection (c), by striking paragraph (1) and 
        inserting the following new paragraph (1):
            ``(1) Imposition and collection.--Under the pilot program, 
        the Secretary of Agriculture shall charge and collect from a 
        person who harvests forest botanical products on National 
        Forest System lands a fee in an amount established by the 
        Secretary to recover at least a portion of the fair market 
        value of the harvested forest botanical products and a portion 
        of the costs incurred by the Department of Agriculture 
        associated with granting, modifying, or monitoring the 
        authorization for harvest of the forest botanical products, 
        including the costs of any environmental or other analysis.'';
            (3) in subsection (d)(1), by striking ``charges and fees 
        under subsections (b) and'' and inserting ``a fee under 
        subsection'';
            (4) in subsection (f)--
                    (A) in paragraph (1), by striking ``subsections (b) 
                and'' and inserting ``subsection'';
                    (B) in paragraph (2), by striking ``in excess of 
                the amounts collected for forest botanical products 
                during fiscal year 1999'';
                    (C) in paragraph (3), by striking ``charges and 
                fees collected at that unit under the pilot program to 
                pay for'' and all that follows through the period at 
                the end and inserting ``fees collected at that unit 
                under subsection (c) to pay for the costs of conducting 
                inventories of forest botanical products, determining 
                sustainable levels of harvest, monitoring and assessing 
                the impacts of harvest levels and methods, conducting 
                restoration activities, including any necessary 
                vegetation, and covering costs of the Department of 
                Agriculture described in subsection (c)(1).''; and
                    (D) in paragraph (4), by striking ``subsections (b) 
                and'' and inserting ``subsection'';
            (5) in subsection (g)--
                    (A) by striking ``charges and fees under 
                subsections (b) and'' and inserting ``fees under 
                subsection''; and
                    (B) by striking ``subsections (b) and'' the second 
                place it appears and inserting ``subsection''; and
            (6) in subsection (h), by striking paragraph (1) and 
        inserting the following new paragraph (1):
            ``(1) Collection of fees.--The Secretary of Agriculture may 
        collect fees under the authority of subsection (c) until 
        September 30, 2009.''.
    Sec. 335. None of the funds in this Act can be used to initiate any 
new competitive sourcing studies.
    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 2004''.
                                                 Union Calendar No. 100

108th CONGRESS

  2d Session

                               H. R. 2691

                          [Report No. 108-195]

_______________________________________________________________________

                                 A BILL

 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2004, and for other 
                               purposes.

_______________________________________________________________________

                             July 10, 2003

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed