[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 196
108th CONGRESS
  1st Session
                                S. 1391

                          [Report No. 108-89]

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


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2003

Mr. Burns, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 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)), $847,091,000, to 
remain available until expended, of which $1,000,000 is for high 
priority projects, to be carried out by the Youth Conservation Corps; 
$2,484,000 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 of which $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 $847,091,000; 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.

                        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 notwithstanding requirements of 
the Competition in Contracting Act, the Secretary, for purposes of 
hazardous fuels reduction activities, may obtain maximum practicable 
competition among: (A) local private, nonprofit, or cooperative 
entities; (B) Youth Conservation Corps crews or related partnerships 
with state, local, or non-profit youth groups; (C) small or micro-
businesses; or (D) other entities that will hire or train locally a 
significant percentage, defined as 50 percent or more, of the project 
workforce to complete such contracts: Provided further, That in 
implementing this section, the Secretary shall develop written guidance 
to field units to ensure accountability and consistent application of 
the authorities provided herein: 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.

                    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, $12,476,000, 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, $25,600,000, 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, $942,244,000, to remain 
available until September 30, 2005: Provided, 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 of 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; 
$53,285,000, 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, $64,689,000, 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, 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, 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, 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, 
$42,982,000, 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), $3,000,000, 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), $6,000,000, 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, 
$5,000,000 is for a competitive grant program for Indian tribes not 
subject to the remaining provisions of this appropriation: Provided 
further, That the Secretary shall, after deducting said $5,000,000 and 
administrative expenses, apportion the amount provided herein in the 
following manner: (A) to the District of Columbia and to the 
Commonwealth of Puerto Rico, each a sum equal to not more than one-half 
of 1 percent thereof; and (B) to Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands, each a sum equal to not more than one-fourth of 1 percent 
thereof: Provided further, That the Secretary shall apportion the 
remaining amount in the following manner: (A) one-third of which is 
based on the ratio to which the land area of such State bears to the 
total land area of all such States; and (B) two-thirds of which is 
based on the ratio to which the population of such State bears to the 
total population of all such States: Provided further, That the amounts 
apportioned under this paragraph shall be adjusted equitably so that no 
State shall be apportioned a sum which is less than 1 percent of the 
amount available for apportionment under this paragraph for any fiscal 
year or more than 5 percent of such amount: Provided further, That the 
Federal share of planning grants shall not exceed 75 percent of the 
total costs of such projects and the Federal share of implementation 
grants shall not exceed 50 percent of the total costs of such projects: 
Provided further, That the non-Federal share of such projects may not 
be derived from Federal grant programs: Provided further, That no 
State, territory, or other jurisdiction shall receive a grant unless it 
has developed, or committed to develop by October 1, 2005, a 
comprehensive wildlife conservation plan, consistent with criteria 
established by the Secretary of the Interior, that considers the broad 
range of the State, territory, or other jurisdiction's wildlife and 
associated habitats, with appropriate priority placed on those species 
with the greatest conservation need and taking into consideration the 
relative level of funding available for the conservation of those 
species: Provided further, That any amount apportioned in 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: Provided 
further, That up to 10 percent of the funds received by any State under 
this heading may be used for wildlife conservation education and 
outreach efforts that contribute significantly to the conservation of 
wildlife species or wildlife habitat.

                       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 Senate Report 105-56.

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, $1,636,299,000, of which $10,887,000 is 
for planning and interagency coordination in support of Everglades 
restoration and shall remain available until expended; of which 
$96,480,000, 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 further, 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, $78,349,000.

                  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, $60,154,000.

                     urban park and recreation fund

    For expenses necessary to carry out the provisions of the Urban 
Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501 et seq.), 
$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), $75,750,000, 
to be derived from the Historic Preservation Fund, to remain available 
until September 30, 2005: Provided, That, of the amount provided 
herein, $500,000, to remain available until expended, is for a grant 
for the perpetual care and maintenance of National Trust Historic 
Sites, as authorized under 16 U.S.C. 470a(e)(2), to be made available 
in full upon signing of a grant agreement: Provided further, That, 
notwithstanding any other provision of law, these funds shall be 
available for investment with the proceeds to be used for the same 
purpose as set out herein: Provided further, That of the total amount 
provided, $32,000,000 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, 
following approval, shall be available by transfer to appropriate 
accounts of individual agencies.

                              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, 
$341,531,000, to remain available until expended, of which $300,000 for 
the L.Q.C. Lamar House National Historic Landmark and $375,000 for the 
Sun Watch National Historic Landmark shall be derived from the Historic 
Preservation Fund pursuant to 16 U.S.C. 470a: 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.

                    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

    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, $158,473,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $104,000,000 is for the State assistance program including not to 
exceed $4,000,000 for the administration of this program: Provided, 
That none of the funds provided for the State assistance program may be 
used to establish a contingency fund.

                       administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 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: Provided further, That the National 
Park Service may make a grant of not to exceed $70,000 for the 
construction of a memorial in Cadillac, Michigan in honor of Kris 
Eggle.
    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.
    The National Park Service may distribute to operating units based 
on the safety record of each unit the costs of programs designed to 
improve workplace and employee safety, and to encourage employees 
receiving workers' compensation benefits pursuant to chapter 81 of 
title 5, United States Code, to return to appropriate positions for 
which they are medically able.
    Notwithstanding any other provision of law, in fiscal year 2004, 
with respect to the administration of the National Park Service park 
pass program by the National Park Foundation, the Secretary may 
obligate to the Foundation administrative funds expected to be received 
in that fiscal year before the revenues are collected, so long as total 
obligations in the administrative account do not exceed total revenue 
collected and deposited in that account by the end of the fiscal year.

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); and 
publish and disseminate data relative to the foregoing activities; and 
to conduct inquiries into the economic conditions affecting mining and 
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 
98g(1)) and related purposes as authorized by law and to publish and 
disseminate data; $928,864,000, of which $64,630,000 shall be available 
only for cooperation with States or municipalities for water resources 
investigations; and of which $15,499,000 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 $23,230,000 shall be available until September 
30, 2005, for the operation and maintenance of facilities and deferred 
maintenance; of which $169,580,000 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.

                      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, $166,016,000, 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, $190,893,000, 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 pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That funds made available under 
title IV of Public Law 95-87 may be used for any required non-Federal 
share of the cost of projects funded by the Federal Government for the 
purpose of environmental restoration related to treatment or abatement 
of acid mine drainage from abandoned mines: Provided further, That such 
projects must be consistent with the purposes and priorities of the 
Surface Mining Control and Reclamation Act: Provided further, That the 
State of Maryland may set aside the greater of $1,000,000 or 10 percent 
of the total of the grants made available to the State under title IV 
of the Surface Mining Control and Reclamation Act of 1977, as amended 
(30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an 
acid mine drainage abatement and treatment fund established under a 
State law, pursuant to which law the amount (together with all interest 
earned on the amount) is expended by the State to undertake acid mine 
drainage abatement and treatment projects, except that before any 
amounts greater than 10 percent of its title IV grants are deposited in 
an acid mine drainage abatement and treatment fund, the State of 
Maryland must first complete all Surface Mining Control and Reclamation 
Act priority one projects.

                        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, $1,912,178,000, to remain 
available until September 30, 2005 except as otherwise provided herein, 
of which not to exceed $87,925,000 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 $55,766,000 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 $46,182,000 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, $351,154,000, 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

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $50,583,000, to remain available 
until expended; of which $31,766,000 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.

                 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, $71,343,000, of which: 
(1) $65,022,000 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 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 grants and necessary expenses, $6,125,000, as provided for in 
sections 221(a)(2), 221(b), and 233 of the Compact of Free Association 
for the Republic of Palau, section 103(h)(2) of the Compact of Free 
Association Act of 1985, and section 221(a)(2) of the Amended Compacts 
of Free Association for the Federated States of Micronesia and the 
Republic of the Marshall Islands, to remain available until expended.
    For grants and necessary expenses as provided for in sections 211, 
212, 213, and 218 of the Amended Compact of Free Association for the 
Republic of the Marshall Islands and as provided for in sections 211, 
212, and 217 of the Amended Compact of Free Association for the 
Federated States of Micronesia, all sums that are or may be required in 
this and subsequent years are appropriated, to remain available until 
expended, and shall be drawn from the Treasury, to become available for 
obligation only upon enactment of proposed legislation to approve the 
amended Compacts of Free Association as identified in the President's 
fiscal year 2004 budget.
    For grants and necessary expenses, $15,000,000, for impact of the 
Compacts on certain U.S. areas in this and subsequent years are 
appropriated, to remain available until expended, and shall be drawn 
from the Treasury, to become available for obligation only upon 
enactment of proposed legislation to approve the amended Compacts of 
Free Association as identified in the President's fiscal year 2004 
budget: Provided, That for purposes of assistance as provided pursuant 
to this appropriation, the effective dates of the amended Compacts of 
Free Association shall be October 1, 2003.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $78,433,000, 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.

                          working capital fund

    For the acquisition of a departmental financial and business 
management system, $11,700,000, to remain available until expended: 
Provided, That from unobligated balances under this heading, 
$11,700,000 are hereby canceled.

                       payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-6907), $230,000,000, of which not to exceed 
$400,000 shall be available for administrative expenses: 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, $50,179,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$37,474,000, 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, $22,980,000, 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 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.

             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 502 of H. Con. Res. 95, the 
concurrent resolution on the budget for fiscal year 2004, 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 502 of H. 
Con. Res. 95, the concurrent resolution on the budget for fiscal year 
2004, 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 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. 109. 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. 110. 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. 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. 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. 113. 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. 114. 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. 115. 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. 116. (a) The Secretary of the Interior shall hereafter 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. 117. 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. 118. 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. 119. 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. 120. 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. 121. 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. 122. Of the funds made available under the heading ``Bureau of 
Land Management, Land Acquisition'' in title I of the Department of the 
Interior and Related Agencies Appropriation Act, 2002 (115 Stat. 420), 
the Secretary of the Interior shall grant $500,000 to the City of St. 
George, Utah, for the purchase of the land as provided in the Virgin 
River Dinosaur Footprint Preserve Act (116 Stat. 2896), with any 
surplus funds available after the purchase to be available for the 
purpose of the preservation of the land and the paleontological 
resources on the land.
    Sec. 123. Funds provided in this Act for Federal land acquisition 
by the National Park Service for the 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. 124. 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. 125. 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. 126. 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. 127. Section 134 of Public Law 107-63 (115 Stat. 442-443) is 
amended by striking the proviso thereto and inserting the following: 
``Provided, That nothing in this section affects the decision of the 
United States Court of Appeals for the 10th Circuit in Sac and Fox 
Nation v. Norton, 240 F.3d 1250 (2001): Provided further, That nothing 
in this section permits the conduct of gaming under the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.) on land described in section 
123 of Public Law 106-291 (114 Stat. 944-945), or land that is 
contiguous to that land, regardless of whether the land or contiguous 
land has been taken into trust by the Secretary of the Interior.''.
    Sec. 128. 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. 129. Notwithstanding the limitation in subparagraph (2)(B) of 
section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)), 
the total amount of all fees imposed by the National Indian Gaming 
Commission for fiscal year 2005 shall not exceed $12,000,000.
    Sec. 130. None of the funds in this Act may be used to fund 
Cooperative Ecosystem Studies Units in the State of Alaska.
    Sec. 131. The State of Utah's contribution requirement pursuant to 
Public Law 105-363 shall be deemed to have been satisfied and within 
thirty days of enactment of this Act, the Secretary of the Interior 
shall transfer to the State of Utah all right, title, and interest of 
the United States in and to the Wilcox Ranch lands acquired under 
section 2(b) of Public Law 105-363, for management by the Utah Division 
of Wildlife Resources for wildlife habitat and public access.
    Sec. 132. Upon enactment of this Act, the Congaree Swamp National 
Monument shall be designated the Congaree National Park.
    Sec. 133. The Secretary shall have no more than one hundred and 
eighty days from October 1, 2003, to prepare and submit to the 
Congress, in a manner otherwise consistent with the Indian Tribal 
Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), plans 
for the use and distribution of the Mescalero Apache Tribe's Judgment 
Funds from Docket 92-403L, the Pueblo of Isleta's Judgment Funds from 
Docket 98-166L, and the Assiniboine and Sioux Tribes of the Fort Peck 
Reservation's Judgment Funds in Docket No. 773-87-L of the United 
States Court of Federal Claims; each plan shall become effective upon 
the expiration of a sixty day period beginning on the day each plan is 
submitted to the Congress.
    Sec. 134. Notwithstanding any implementation of the Department of 
the Interior's trust reorganization plan within fiscal years 2003 or 
2004, funds appropriated for fiscal year 2004 shall be available to the 
tribes within the California Tribal Trust Reform Consortium and to the 
Salt River Pima Maricopa Indian Community, the Confederated Salish-
Kootenai Tribes of the Flathead Reservation and the Chippewa Cree Tribe 
of the Rocky Boys Reservation and the Bureau of Indian Affairs Regional 
offices that serve them, on the same basis as funds were distributed in 
fiscal year 2003. The Demonstration Project shall operate separate and 
apart from the Department of the Interior's trust reform 
reorganization, and the Department shall not impose its trust 
management infrastructure upon or alter the existing trust resource 
management systems of the California Trust Reform Consortium and any 
other participating tribe having a self-governance compact and 
operating in accordance with the Tribal Self-Governance Program set 
forth in 25 U.S.C. Sections 458aa-458hh.

                       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, $266,180,000, to remain available until expended.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including treatments of 
pests, pathogens, and invasive or noxious plants, 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, $295,349,000, to remain 
available until expended, of which $84,716,000 is to be derived from 
the Land and Water Conservation Fund: Provided, 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: Provided further, That up to $2,000,000 may be used by the 
Secretary solely for: (1) rapid response to new introductions of non-
native or invasive pests or pathogens in which no previous federal 
funding has been identified to address, or (2) for a limited number of 
instances in which any pest populations increase at over 150 percent of 
levels monitored for that species in the immediately preceding fiscal 
year and failure to suppress those popultions would lead to a 10-
percent increase of annual forest or stand mortality over ambient 
mortality levels.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,370,731,000, 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, and for the performance of cadastral surveys to 
designate the boundaries of such lands from National Forest System 
lands: Provided further, That of the funds provided under this heading 
for Forest Products, $5,000,000 shall be allocated to the Alaska 
Region, in addition to its normal allocation for the purposes of 
preparing additional timber for sale, to establish a 3-year timber 
supply and such funds may be transferred to other appropriations 
accounts as necessary to maximize accomplishment: Provided further, 
That of the funds provided under this heading, $3,150,000 is for 
expenses required to implement title I of Public Law 106-248, to be 
segregated in a separate fund established by the Secretary of 
Agriculture: Provided further, That within funds available for the 
purpose of implementing the Valles Caldera Preservation Act, 
notwithstanding the limitations of section 107(e)(2) of the Valles 
Caldera Preservation Act (Public Law 106-248), for fiscal year 2004, 
the Chair of the Board of Trustees of the Valles Caldera Trust may 
receive, upon request, compensation for each day (including travel 
time) that the Chair is engaged in the performance of the functions of 
the Board, except that compensation shall not exceed the daily 
equivalent of the annual rate in effect for members of the Senior 
Executive Service at the ES-1 level, and shall be in addition to any 
reimbursement for travel, subsistence and other necessary expenses 
incurred by the Chair in the performance of the Chair's duties.
    For an additional amount to reimbuse 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, $1,543,072,000, 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 these 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, $231,392,000 is for hazardous 
fuels reduction activities, $21,427,000 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.), $47,752,000 is for State fire assistance, $8,240,000 is for 
volunteer fire assistance, and $11,934,000 is for forest health 
activities on State, private, and Federal lands: 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, forest and rangeland research, 
vegetation and watershed management, heritage site rehabilitation, 
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 House Report No. 105-163: Provided further, 
That the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as 
mutually agreed on by the affected parties: Provided further, That in 
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, $532,406,000, to remain available until expended for 
construction, reconstruction, maintenance and acquisition of buildings 
and other facilities, and for construction, reconstruction, repair and 
maintenance of forest roads and trails by the Forest Service as 
authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, 
That up to $15,000,000 of the funds provided herein for road 
maintenance shall be available for the decommissioning of roads, 
including unauthorized roads not part of the transportation system, 
which are no longer needed: Provided further, That no funds shall be 
expended to decommission any system road until notice and an 
opportunity for public comment has been provided on each 
decommissioning project.

                            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, $77,040,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended: Provided, That notwithstanding any limitations of the Land 
and Water Conservation Fund Act (16 U.S.C. 460l-9), the Secretary of 
Agriculture is henceforth authorized to utilize any funds appropriated 
from the Land and Water Conservation Fund to acquire Mental Health 
Trust lands in Alaska and, upon Federal acquisition, the boundaries of 
the Tongass National Forest shall be deemed modified to include such 
lands.

         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, of which not to exceed 
$100,000 per annum may be used to reimburse the Office of General 
Counsel, Department of Agriculture, for salaries and related expenses 
incurred in providing legal services in relation to subsistence 
management.

               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 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 wildfire 
suppression funds under the heading ``Wildland Fire Management'' are 
obligated.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and 
rangeland research, technical information, and assistance in foreign 
countries, and shall be available to support forestry and related 
natural resource activities outside the United States and its 
territories and possessions, including technical assistance, education 
and training, and cooperation with United States and international 
organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b unless the proposed transfer is approved in advance by 
the House and Senate Committees on Appropriations in compliance with 
the reprogramming procedures contained in House Report No. 105-163.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the procedures 
contained in House Report No. 105-163.
    No funds available to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture that exceed 
the total amount transferred during fiscal year 2000 for such purposes 
without the advance approval of the House and Senate Committees on 
Appropriations.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $2,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the 
Youth Conservation Corps.
    Of the funds available to the Forest Service, $2,500 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of 
the funds available to the Forest Service, up to $3,000,000 may be 
advanced in a lump sum as Federal financial assistance to the National 
Forest Foundation, without regard to when the Foundation incurs 
expenses, for administrative expenses or projects on or benefitting 
National Forest System lands or related to Forest Service programs: 
Provided, That of the Federal funds made available to the Foundation, 
no more than $400,000 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, 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 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 Federal or 
non-Federal recipient for a project at the same rate that the recipient 
has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Notwithstanding any other provision of law, 80 percent of the funds 
appropriated to the Forest Service in the ``National Forest System'' 
and ``Capital Improvement and Maintenance'' accounts and planned to be 
allocated to activities under the ``Jobs in the Woods'' program for 
projects on National Forest land in the State of Washington may be 
granted directly to the Washington State Department of Fish and 
Wildlife for accomplishment of planned projects. Twenty percent of said 
funds shall be retained by the Forest Service for planning and 
administering projects. Project selection and prioritization shall be 
accomplished by the Forest Service with such consultation with the 
State of Washington as the Forest Service deems appropriate.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    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.
    From funds available to the Forest Service in this Act for payment 
of costs in accordance with subsection 413(d) of Title IV, Public Law 
108-7, $3,000,000 shall be transferred by the Secretary of Agriculture 
to the Secretary of the Treasury to make reimbursement payments as 
provided in such subsection.
    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.
    Any funds appropriated to the Forest Service may be used to meet 
the non-Federal share requirement in section 502(c) of the Older 
American Act of 1965 (42 U.S.C. 3056(c)(2)).
    None of the funds made available in this or any other Act may be 
used by the Forest Service to initiate or continue competitive sourcing 
studies until such time as the House and Senate Committees on 
Appropriations have been given a detailed competitive sourcing proposal 
(including the number of positions to be studied, the amount of funding 
needed, and the accounts and activities from which the funding will be 
reprogrammed), and have approved in writing such proposal.

                          DEPARTMENT OF ENERGY

                         clean coal technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $97,000,000 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: Provided 
further, That within 30 days of enactment of this Act, the Secretary is 
directed to provide the House Committee on Appropriations and the 
Senate Committee on Appropriations with a plan detailing the proposed 
expenditure of un-obligated or de-obligated funds from terminated Clean 
Coal Technology projects in support of the FutureGen project.

                 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), $593,514,000, to remain available 
until expended, of which $4,000,000 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; of which not to 
exceed $536,000 may be utilized for travel and travel-related expenses 
incurred by the headquarters staff of the Office of Fossil Energy; 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, $17,947,000, 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, $861,645,000, to remain available until expended: Provided, 
That $274,000,000 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: $230,000,000 for weatherization assistance grants 
and $44,000,000 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.), $173,081,000, 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, $80,111,000, 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, $2,546,524,000, 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 up to $18,000,000 shall remain 
available until expended, for the Indian Catastrophic Health Emergency 
Fund: Provided further, That $472,022,000 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 $268,974,000 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: Provided further, That of the amounts 
provided to the Indian Health Service, $15,000,000 is provided for 
alcohol control, enforcement, prevention, treatment, sobriety and 
wellness, and education in Alaska to be distributed as direct lump sum 
payments as follows: (a) $2,000,000 to the State of Alaska for regional 
distribution to hire and equip additional Village Public Safety 
Officers to engage primarily in bootlegging prevention and enforcement 
activities; (b) $10,000,000 to the Alaska Native Tribal Health 
Consortium, which shall be allocated for (1) substance abuse treatment 
including residential treatment, (2) substance abuse and behavioral 
health counselors through the Counselor in Every Village program, and 
(3) comprehensive substance abuse training programs for counselors and 
others delivering substance abuse services; (c) $1,000,000 to the State 
of Alaska for a school peer counseling and education program; and (d) 
$2,000,000 for the Alaska Federation of Natives sobriety and wellness 
program for competitive merit-based grants: Provided further, That none 
of the funds may be used for tribal courts or tribal ordinance programs 
or any program that is not directly related to alcohol control, 
enforcement, prevention, treatment, or sobriety: Provided further, That 
no more than 10 percent may be used by any entity receiving funding for 
administrative overhead including indirect costs: Provided further, 
That the State of Alaska, Alaska Native non-profit corporations, and 
the Alaska Native Tribal Health Consortium must each maintain its 
existing level of effort and must use these funds to enhance or expand 
existing efforts or initiate new projects or programs and may not use 
such funds to supplant existing programs.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment 
of health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the 
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination 
Act, and the Indian Health Care Improvement Act, and for expenses 
necessary to carry out such Acts and titles II and III of the Public 
Health Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $391,188,000, 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, $5,043,000 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 $1,000,000 from this account and the ``Indian Health 
Services'' account 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 and remain available until expended, to be used by the Indian 
Health Service for demolition of Federal buildings.

      administrative provisions, indian health service<plus-minus>

    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 the 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), $6,250,000, of which 
$1,000,000 shall remain available until expended to assist with the 
Institute's efforts to develop a Continuing Education Lifelong Learning 
Center.

                        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, $487,989,000, 
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 maintenance, 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, $89,970,000, 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 available until expended.

           administrative provisions, smithsonian institution

    None of the funds in this or any other Act may be used to make any 
changes to the existing Smithsonian science programs including closure 
of facilities, relocation of staff or redirection of functions and 
programs without approval 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 House 
Report No. 105-163.

                        National Gallery of Art

                         salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services 
for protecting buildings and contents thereof, and maintenance, 
alteration, improvement, and repair of buildings, approaches, and 
grounds; and purchase of services for restoration and repair of works 
of art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such rates or 
prices and under such terms and conditions as the Gallery may deem 
proper, $85,650,000, 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, $125,878,000, 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, $6,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $4,000,000: 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, $8,030,000: 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 may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless notice of 
such assessments and the basis therefor are presented to the Committees 
on Appropriations and are approved by such committees.
    Sec. 306. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National Forest 
System or Bureau of Land Management lands in a manner different than 
such sales were conducted in fiscal year 2003.
    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, and 107-
63, for payments to tribes and tribal organizations for contract 
support costs associated with self-determination or self-governance 
contracts, grants, compacts, or annual funding agreements with the 
Bureau of Indian Affairs or the Indian Health Service as funded by such 
Acts, are the total amounts available for fiscal years 1994 through 
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 2003, 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. 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 2005, qualify for General 
Service Administration contract airfares.
    Sec. 323. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) 
the Secretary of Agriculture and the Secretary of the Interior are 
authorized to enter into reciprocal agreements in which the individuals 
furnished under said agreements to provide wildfire services are 
considered, for purposes of tort liability, employees of the country 
receiving said services when the individuals are engaged in fire 
suppression: 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. 324. 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. 325. 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. 326. 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. 327. 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. 328. 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: Provided further, That 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. 329. Local Exemptions From Forest Service Demonstration 
Program Fees. Section 6906 of Title 31, United States Code, is 
amended--
            (1) by inserting ``(a) In General.--'' before 
        ``Necessary''; and
            (2) by adding at the end the following:
    ``(b) Local Exemptions From Demonstration Program Fees.--
            ``(1) In general.--Each unit of general local government 
        that lies in whole or in part within the White Mountain 
        National Forest and persons residing within the boundaries of 
        that unit of general local government shall be exempt during 
        that fiscal year from any requirement to pay a Demonstration 
        Program Fee (parking permit or passport) imposed by the 
        Secretary of Agriculture for access to the Forest.
            ``(2) Administration.--The Secretary of Agriculture shall 
        establish a method of identifying persons who are exempt from 
        paying user fees under paragraph (1). This method may include 
        valid form of identification including a drivers license.''.
    Sec. 330. Implementation of Gallatin Land Consolidation Act of 
1998. (a) Definitions.--For purposes of this section:
            (1) ``Gallatin Land Consolidation Act of 1998'' means 
        Public Law 105-267 (112 Stat. 2371).
            (2) ``Option Agreement'' has the same meaning as defined in 
        section 3(6) of the Gallatin Land Consolidation Act of 1998.
            (3) ``Secretary'' means the Secretary of Agriculture.
            (4) ``Excess receipts'' means National Forest Fund receipts 
        from the National Forests in Montana, which are identified and 
        adjusted by the Forest Service within the fiscal year, and 
        which are in excess of funds retained for: the Salvage Sale 
        Fund; the Knutson-Vandenberg Fund; the Purchaser Road/Specified 
        Road Credits; the Twenty-Five Percent Fund, as amended; the Ten 
        Percent Road and Trail Fund; the Timber Sale Pipeline 
        Restoration Fund; the Fifty Percent Grazing Class A Receipts 
        Fund; and the Land and Water Conservation Fund Recreation User 
        Fees Receipts--Class A Fund.
            (5) ``Special Account'' means the special account 
        referenced in section 4(c)(2) of the Gallatin Land 
        Consolidation Act of 1998.
            (6) ``Eastside National Forests'' has the same meaning as 
        in section 3(4) of the Gallatin Land Consolidation Act of 1998.
    (b) Special Account.--
            (1) The Secretary is authorized and directed, without 
        further appropriation or reprogramming of funds, to transfer to 
        the Special Account these enumerated funds and receipts in the 
        following order:
                    (A) timber sale receipts from the Gallatin National 
                Forest and other Eastside National Forests, as such 
                receipts are referenced in section 4(a)(2)(C) of the 
                Gallatin Land Consolidation Act of 1998;
                    (B) any available funds heretofore appropriated for 
                the acquisition of lands for National Forest purposes 
                in the State of Montana through fiscal year 2003;
                    (C) net receipts from the conveyance of lands on 
                the Gallatin National Forest as authorized by 
                subsection (c); and,
                    (D) excess receipts for fiscal years 2003 through 
                2008.
            (2) All funds in the Special Account shall be available to 
        the Secretary until expended, without further appropriation, 
        and will be expended prior to the end of fiscal year 2008 for 
        the following purposes:
                    (A) the completion of the land acquisitions 
                authorized by the Gallatin Land Consolidation Act of 
                1998 and fulfillment of the Option Agreement, as may be 
                amended from time to time; and,
                    (B) the acquisition of lands for which acquisition 
                funds were transferred to the Special Account pursuant 
                to subsection (b)(1)(B).
            (3) The Special Account shall be closed at the end of 
        fiscal year 2008 and any monies remaining in the Special 
        Account shall be transferred to the fund established under 
        Public Law 90-171 (commonly known as the ``Sisk Act'', 16 
        U.S.C. Sec. 484a) to remain available, until expended, for the 
        acquisition of lands for National Forest purposes in the State 
        of Montana.
            (4) Funds deposited in the Special Account or eligible for 
        deposit shall not be subject to transfer or reprogramming for 
        wildland fire management or any other emergency purposes.
    (c) Land Conveyances Within the Gallatin National Forest.--
            (1) Conveyance authority.--The Secretary is authorized, 
        under such terms and conditions as the Secretary may prescribe 
        and without requirements for further administrative or 
        environmental analyses or examination, to sell or exchange any 
        or all rights, title, and interests of the United States in the 
        following lands within the Gallatin National Forest in the 
        State of Montana:
                    (A) SMC East Boulder Mine Portal Tract: Principal 
                Meridian, T.3S., R.11E., Section 4, lots 3 to 4 
                inclusive, W\1/2\SE\1/4\NW\1/4\, containing 76.27 acres 
                more or less.
                    (B) Forest Service West Yellowstone Administrative 
                Site: U.S. Forest Service Administrative Site located 
                within the NE\1/4\ of Block 17 of the Townsite of West 
                Yellowstone which is situated in the N\1/2\ of Section 
                34, T.13S., R.5E., Principal Meridian, Gallatin County, 
                Montana, containing 1.04 acres more or less.
                    (C) Mill Fork Mission Creek Tract: Principal 
                Meridian, T.13S., R.5E., Section 34, NW\1/4\SW\1/4\, 
                containing 40 acres more or less.
                    (D) West Yellowstone Town Expansion Tract #1: 
                Principal Meridian, T.13S., R.5E., Section 33, E\1/
                2\E\1/2\NE\1/4\, containing 40 acres more or less.
                    (E) West Yellowstone Town Expansion Tract #2: 
                Principal Meridian, T.13S., R.5E., Section 33, NE\1/
                4\SE\1/4\, containing 40 acres more or less.
            (2) Descriptions.--The Secretary may modify the 
        descriptions in subsection (c)(1) to correct errors or to 
        reconfigure the properties in order to facilitate a conveyance.
            (3) Consideration.--Consideration for a sale or exchange of 
        land under this subsection may include cash, land, or a 
        combination of both.
            (4) Valuation.--Any appraisals of land deemed necessary or 
        desirable by the Secretary to carry out the purposes of this 
        section shall conform to the Uniform Appraisal Standards for 
        Federal Land Acquisitions.
            (5) Cash equalization.--Notwithstanding any other provision 
        of law, the Secretary may accept a cash equalization payment in 
        excess of 25 percent of the value of any land exchanged under 
        this subsection.
            (6) Solicitations of offers.--The Secretary may:
                    (A) solicit offers for sale or exchange of land 
                under this subsection on such terms and conditions as 
                the Secretary may prescribe, or
                    (B) reject any offer made under this subsection if 
                the Secretary determines that the offer is not adequate 
                or not in the public interest.
            (7) Methods of sale.--The Secretary may sell land at public 
        or private sale, including competitive sale by auction, bid, or 
        otherwise, in accordance with such terms, conditions, and 
        procedures as the Secretary determines will be in the best 
        interests of the United States.
            (8) Brokers.--The Secretary may utilize brokers or other 
        third parties in the disposition of the land authorized by this 
        subsection and, from the proceeds of the sale, may pay 
        reasonable commissions or fees on the sale or sales.
            (9) Receipts from sale or exchange.--The Secretary shall 
        deposit the net receipts of a sale or exchange under this 
        subsection in the Special Account.
    (d) Miscellaneous Provisions.--
            (1) Receipts from any sale or exchange pursuant to 
        subsection (c) of this section:
                    (A) shall not be deemed excess receipts for 
                purposes of this section;
                    (B) shall not be paid or distributed to the State 
                or counties under any provision of law, or otherwise 
                deemed as moneys received from the National Forest for 
                purposes of the Act of May 23, 1908 or the Act of March 
                1, 1911 (16 U.S.C. Sec. 500, as amended), or the Act of 
                March 4, 1913 (16 U.S.C. Sec. 501, as amended).
            (2) As of the date of enactment of this section, any public 
        land order withdrawing land described in subsection (c)(1) from 
        all forms of appropriation under the public land laws is 
        revoked with respect to any portion of the land conveyed by the 
        Secretary under this section.
            (3) Subject to valid existing rights, all lands described 
        in section (c)(1) are withdrawn from location, entry, and 
        patent under the mining laws of the United States.
            (4) The Agriculture Property Management Regulations shall 
        not apply to any action taken pursuant to this section.
    (e) Option Agreement Amendment.--The Amendment No. 1 to the Option 
Agreement is hereby ratified as a matter of Federal law and the parties 
to it are authorized to effect the terms and conditions thereof.
    Sec. 331. Transfer of Forest Legacy Program Land. Section 7(l) of 
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c(l)) is 
amended by inserting after paragraph (2) the following:
            ``(3) Transfer of forest legacy program land.--
                    ``(A) In general.--Subject to any terms and 
                conditions that the Secretary may require (including 
                the requirements described in subparagraph (B)), the 
                Secretary may, at the request of a participating State, 
                convey to the State, by quitclaim deed, without 
                consideration, any land or interest in land acquired in 
                the State under the Forest Legacy Program.
                    ``(B) Requirements.--In conveying land or an 
                interest in land under subparagraph (A), the Secretary 
                may require that--
                            ``(i) the deed conveying the land or 
                        interest in land include requirements for the 
                        management of the land in a manner that--
                                    ``(I) conserves the land or 
                                interest in land; and
                                    ``(II) is consistent with any other 
                                Forest Legacy Program purposes for 
                                which the land or interest in land was 
                                acquired;
                            ``(ii) if the land or interest in land is 
                        subsequently sold, exchanged, or otherwise 
                        disposed of by the State, the State shall--
                                    ``(I) reimburse the Secretary in an 
                                amount that is based on the current 
                                market value of the land or interest in 
                                land in proportion to the amount of 
                                consideration paid by the United States 
                                for the land or interest in land; or
                                    ``(II) convey to the Secretary land 
                                or an interest in land that is equal in 
                                value to the land or interest in land 
                                conveyed.
                    ``(C) Disposition of funds.--Amounts received by 
                the Secretary under subparagraph (B)(ii) shall be 
                credited to the Forest Legacy Program account, to 
                remain available until expended.''.
    Sec. 332. Notwithstanding section 9(b) of Public Law 106-506, funds 
hereinafter appropriated under Public Law 106-506 shall require 
matching funds from non-Federal sources on the basis of aggregate 
contribution to the Environmental Improvement Program, as defined in 
Public Law 106-506, rather than on a project-by-project basis, except 
for those activities provided under section 9(c) of that Act, to which 
this amendment shall not apply.
    Sec. 333. Any application for judicial review of a Record of 
Decision for any timber sale in Region 10 of the Forest Service that 
had a Notice of Intent prepared on or before January 1, 2003 shall--
            (1) be filed in the Alaska District of the Federal District 
        Court within 30 days after exhaustion of the Forest Service 
        administrative appeals process (36 C.F.R. 215) or within 30 
        days of enactment of this Act if the administrative appeals 
        process has been exhausted prior to enactment of this Act, and 
        the Forest Service shall strictly comply with the schedule for 
        completion of administrative action;
            (2) be completed and a decision rendered by the court not 
        later than 180 days from the date such request for review is 
        filed; if a decision is not rendered by the court within 180 
        days as required by this subsection, the Secretary of 
        Agriculture shall petition the court to proceed with the 
        action.
    Sec. 334. (a) In General.--Notwithstanding any other provision of 
law, the Secretary of Agriculture may cancel, with the consent of the 
timber purchaser, any contract for the sale of timber in Alaska if--
            (1) the Secretary determines, in the Secretary's sole 
        discretion, that the sale is uneconomical to perform; and
            (2) the timber purchaser agrees to--
                    (A) terminate its rights under the contract; and
                    (B) release the United States from all liability, 
                including further consideration or compensation 
                resulting from such cancellation.
    (b) Effect of Cancellation.--
            (1) In general.--The United States shall not surrender any 
        claim against a timber purchaser that arose under a contract 
        before cancellation under this section not in connection with 
        the cancellation.
            (2) Limitation.--Cancellation of a contract under this 
        section shall release the timber purchaser from liability for 
        any damages resulting from cancellation of such contract.
    (c) Timber Available for Resale.--Timber included in a contract 
cancelled under this section shall be available for resale by the 
Secretary of Agriculture.
    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 2004''.


                                                       Calendar No. 196

108th CONGRESS

  1st Session

                                S. 1391

                          [Report No. 108-89]

_______________________________________________________________________

                                 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

                 Read twice and placed on the calendar