[Congressional Record Volume 147, Number 96 (Wednesday, July 11, 2001)]
[Senate]
[Pages S7441-S7459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S7441]]
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
2002
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will begin consideration of H.R. 2217, which the clerk will
report.
The assistant legislative clerk read as follows:
A bill (H.R. 2217) making appropriations for the Department
of the Interior and related agencies for the fiscal year
ending September 30th, 2002, and for other purposes.
The Senate proceeded to consider the bill which had been reported
from the Committee on Appropriations, with an amendment to strike all
after the enacting clause and inserting in lieu thereof the following:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of the Interior and related agencies for the fiscal year
ending September 30, 2002, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$775,962,000, to remain available until expended, of which
$1,000,000 is for high priority projects which shall be
carried out by the Youth Conservation Corps, defined in
section 250(c)(4)(E)(xii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act; of which $4,000,000 shall be available
for assessment of the mineral potential of public lands in
Alaska pursuant to section 1010 of Public Law 96-487 (16
U.S.C. 3150); and of which not to exceed $1,000,000 shall be
derived from the special receipt account established by the
Land and Water Conservation Act of 1965, as amended (16
U.S.C. 460l-6a(i)); and of which $3,000,000 shall be
available in fiscal year 2002 subject to a match by at least
an equal amount by the National Fish and Wildlife Foundation,
to such Foundation for cost-shared projects supporting
conservation of Bureau lands and such funds shall be advanced
to the Foundation as a lump sum grant without regard to when
expenses are incurred; in addition, $32,298,000 for Mining
Law Administration program operations, including the cost of
administering the mining claim fee program; to remain
available until expended, to be reduced by amounts collected
by the Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation
estimated at not more than $775,962,000, and $2,000,000, to
remain available until expended, from communication site
rental fees established by the Bureau for the cost of
administering communication site activities: Provided, That
appropriations herein made shall not be available for the
destruction of healthy, unadopted, wild horses and burros in
the care of the Bureau or its contractors: Provided further,
That of the amount provided, $28,000,000 is for the
conservation activities defined in section 250(c)(4)(E) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: Provided
further, That balances in the Federal Infrastructure
Improvement account shall be transferred to and merged with
this appropriation, and shall remain available until
expended.
wildland fire management
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $589,421,000,
to remain available until expended, of which not to exceed
$19,774,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That unobligated balances of
amounts previously appropriated to the ``Fire Protection''
and ``Emergency Department of the Interior Firefighting
Fund'' may be transferred and merged with this appropriation:
Provided further, That persons hired pursuant to 43 U.S.C.
1469 may be furnished subsistence and lodging without cost
from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under
this title of this Act, the Secretary of the Interior may
enter into procurement contracts, grants, or cooperative
agreements, for hazardous fuels reduction activities, and for
training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any
cooperative agreement between the Federal government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That in entering into
such grants or cooperative agreements, the Secretary may
consider the enhancement of local and small business
employment opportunities for rural communities, and that in
entering into procurement contracts under this section on a
best value basis, the Secretary may take into account the
ability of an entity to enhance local and small business
employment opportunities in rural communities, and that the
Secretary may award procurement contracts, grants, or
cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps
or related partnerships, or small or disadvantaged
businesses: Provided further, That funds appropriated under
this head may be used to reimburse the United States Fish and
Wildlife Service and the National Marine Fisheries Service
for the costs of carrying out their responsibilities under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
to consult and conference, as required by section 7 of such
Act in connection with wildland fire management activities.
For an additional amount to cover necessary expenses for
burned areas rehabilitation and fire suppression by the
Department of the Interior, $70,000,000, to remain available
until expended, of which $50,000,000 is for wildfire
suppression and $20,000,000 is for burned areas
rehabilitation: Provided, That the entire amount appropriated
in this paragraph is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be
available only to the extent an official budget request for a
specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to
the Congress.
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, $12,976,000, to
remain available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $220,000,000, of
which not to exceed $400,000 shall be available for
administrative expenses and of which $50,000,000 is for the
conservation activities defined in section 250(c)(4)(E)(xiii)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: Provided,
That no payment shall be made to otherwise eligible units of
local government if the computed amount of the payment is
less than $100.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $45,686,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended, and to
be for the conservation activities defined in section
250(c)(4)(E)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such
Act.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein
including existing connecting roads on or adjacent to such
grant lands; $106,061,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).
forest ecosystems health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, and monitoring salvage timber sales and forest
ecosystem health and recovery activities such as release from
competing vegetation and
[[Page S7442]]
density control treatments. The Federal share of receipts
(defined as the portion of salvage timber receipts not paid
to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181-1 et
seq., and Public Law 103-66) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem
Health and Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on her certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That section 28f(a) of
title 30, United States Code, is amended:
(1) In section 28f(a), by striking the first sentence and
inserting, ``The holder of each unpatented mining claim,
mill, or tunnel site, located pursuant to the mining laws of
the United States, whether located before, on or after the
enactment of this Act, shall pay to the Secretary of the
Interior, on or before September 1 of each year for years
2002 through 2006, a claim maintenance fee of $100 per claim
or site''; and
(2) In section 28g, by striking ``and before September 30,
2001'' and inserting in lieu thereof ``and before September
30, 2006''.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, for scientific and economic studies,
conservation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $845,714,000, to
remain available until September 30, 2003, except as
otherwise provided herein, of which $31,000,000 is for
conservation activities defined in section 250(c)(4)(E) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act: Provided,
That balances in the Federal Infrastructure Improvement
account shall be transferred to and merged with this
appropriation, and shall remain available until expended:
Provided further, That not less than $2,000,000 shall be
provided to local governments in southern California for
planning associated with the Natural Communities Conservation
Planning (NCCP) program and shall remain available until
expended: Provided further, That not less than $2,000,000 for
high priority projects which shall be carried out by the
Youth Conservation Corps, defined in section
250(c)(4)(E)(xii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes of
such Act: Provided further, That not to exceed $9,000,000
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)): 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; $55,526,000, 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, $108,401,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended, and to be for the conservation
activities defined in section 250(c)(4)(E)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, for the purposes of such Act.
landowner incentive program
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
private conservation efforts to be carried out on private
lands, $50,000,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended, and to
be for conservation spending category activities pursuant to
section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of
discretionary spending limits: Provided, That the amount
provided herein is for a Landowner Incentive Program
established by the Secretary that provides matching,
competitively awarded grants to States, the District of
Columbia, Tribes, Puerto Rico, Guam, the United States Virgin
Islands, the Northern Mariana Islands, and American Samoa, to
establish, or supplement existing, landowner incentive
programs that provide technical and financial assistance,
including habitat protection and restoration, to private
landowners for the protection and management of habitat to
benefit federally listed, proposed, or candidate species, or
other at-risk species on private lands.
stewardship grants
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
private conservation efforts to be carried out on private
lands, $10,000,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended, and to
be for conservation spending category activities pursuant to
section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of
discretionary spending limits: Provided, That the amount
provided herein is for the Secretary to establish a Private
Stewardship Grants Program to provide grants and other
assistance to individuals and groups engaged in private
conservation efforts that benefit federally listed, proposed,
or candidate species, or other at-risk species.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
amended, $91,000,000, to be derived from the Cooperative
Endangered Species Conservation Fund, to remain available
until expended, and to be for the conservation activities
defined in section 250(c)(4)(E)(v) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $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, $42,000,000, to remain available until expended
and to be for the conservation activities defined in section
250(c)(4)(E)(vi) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such
Act.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-
[[Page S7443]]
4203, 4211-4213, 4221-4225, 4241-4245, and 1538), the Asian
Elephant Conservation Act of 1997 (16 U.S.C. 4261-4266), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), and the Great Ape Conservation Act of 2000 (16
U.S.C. 6301), $4,000,000, to remain available until expended:
Provided, That funds made available under this Act, Public
Law 106-291, and Public Law 106-554 and hereafter in annual
appropriations acts for rhinoceros, tiger, Asian elephant,
and great ape conservation programs are exempt from any
sanctions imposed against any country under section 102 of
the Arms Export Control Act (22 U.S.C. 2799aa-1).
state wildlife grants
(including rescission)
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the U.S. Virgin
Islands, the Northern Mariana Islands, and American Samoa,
under the provisions of the Fish and Wildlife Act of 1956 and
the Fish and Wildlife Coordination Act, for the development
and implementation of programs for the benefit of wildlife
and their habitat, including species that are not hunted or
fished, $100,000,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended, and to
be for the conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such
Act: Provided, That the Secretary shall, after deducting
administrative expenses, apportion the amount provided herein
in the following manner: (A) to the District of Columbia and
to the Commonwealth of Puerto Rico, each a sum equal to not
more than one-half of 1 percent thereof: and (B) to Guam,
American Samoa, the U.S. Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, each a sum equal to not more
than one-fourth of 1 percent thereof: Provided further, That
the Secretary shall apportion the remaining amount in the
following manner: 30 percent based on the ratio to which the
land area of such State bears to the total land area of all
such States; and 70 percent based on the ratio to which the
population of such State bears to the total population of the
United States, based on the 2000 U.S. Census; and the amounts
so apportioned shall be adjusted equitably so that no State
shall be apportioned a sum which is less than one percent of
the total amount available for apportionment or more than 10
percent: Provided further, That the Federal share of planning
grants shall not exceed 75 percent of the total costs of such
projects and the Federal share of implementation grants shall
not exceed 50 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects
may not be derived from Federal grant programs: Provided
further, That no State, territory, or other jurisdiction
shall receive a grant unless it has developed, or committed
to develop by October 1, 2005, a comprehensive wildlife
conservation plan, consistent with criteria established by
the Secretary of the Interior, that considers the broad range
of the State, territory, or other jurisdiction's wildlife and
associated habitats, with appropriate priority placed on
those species with the greatest conservation need and taking
into consideration the relative level of funding available
for the conservation of those species: Provided further, That
any amount apportioned in 2002 to any State, territory, or
other jurisdiction that remains unobligated as of September
30, 2003, shall be reapportioned, together with funds
appropriated in 2004, in the manner provided herein.
Of the amounts appropriated in title VIII of Public Law
106-291, $49,890,000 for State Wildlife Grants are rescinded.
administrative provisions
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 74 passenger motor vehicles, of which 69 are
for replacement only (including 32 for police-type use);
repair of damage to public roads within and adjacent to
reservation areas caused by operations of the Service;
options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses
on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which
are used pursuant to law in connection with management and
investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing
either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards:
Provided further, That the Service may accept donated
aircraft as replacements for existing aircraft: Provided
further, That notwithstanding any other provision of law, the
Secretary of the Interior may not spend any of the funds
appropriated in this Act for the purchase of lands or
interests in lands to be used in the establishment of any new
unit of the National Wildlife Refuge System unless the
purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the
reprogramming procedures contained in Senate Report 105-56.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
$1,473,128,000, of which $10,881,000 for research, planning
and interagency coordination in support of land acquisition
for Everglades restoration shall remain available until
expended; and of which $17,181,000, to remain available until
September 30, 2003, is for maintenance repair or
rehabilitation projects for constructed assets, operation of
the National Park Service automated facility management
software system, and comprehensive facility condition
assessments; and of which $2,000,000 is for the Youth
Conservation Corps, defined in section 250(c)(4)(E)(xii) of
the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, for the purposes of such Act, for high
priority projects: Provided, That the only funds in this
account which may be made available to support United States
Park Police are those funds approved for emergency law and
order incidents pursuant to established National Park Service
procedures, 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, $66,106,000.
CONTRIBUTION FOR ANNUITY BENEFITS
For reimbursement (not heretofore made), pursuant to
provisions of Public Law 85-157, to the District of Columbia
on a monthly basis for benefit payments by the District of
Columbia to United States Park Police annuitants under the
provisions of the Policeman and Fireman's Retirement and
Disability Act (Act), to the extent those payments exceed
contributions made by active Park Police members covered
under the Act, such amounts as hereafter may be necessary:
Provided, That hereafter the appropriations made to the
National Park Service shall not be available for this
purpose.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $65,886,000.
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.), $20,000,000, to remain available until
expended and to be for the conservation activities defined in
section 250(c)(4)(E)(x) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes of
such Act.
historic preservation fund
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $74,000,000, to be derived from the Historic
Preservation Fund, to remain available until September 30,
2003, and to be for the conservation activities defined in
section 250(c)(4)(E)(xi) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, for the purposes of
such Act: Provided, That of the amount provided $30,000,000
shall be for Save America's Treasures for priority
preservation projects, including preservation of intellectual
and cultural artifacts, preservation of historic structures
and sites, and buildings to house cultural and historic
resources and to provide educational opportunities: Provided
further, That any individual Save America's Treasures grant
shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant, and
all projects to be funded shall be approved by the House and
Senate Committees on Appropriations prior to the commitment
of grant funds: Provided further, That Save America's
Treasures funds allocated for Federal projects shall be
available by transfer to appropriate accounts of individual
agencies, after approval of such projects by the Secretary of
the Interior: Provided further, That none of the funds
provided for Save America's Treasures may be used for
administrative expenses, and staffing for the program shall
be available from the existing staffing levels in the
National Park Service.
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, $338,585,000, to remain available
until expended, of which $60,000,000 is for conservation
activities defined in section 250(c)(4)(E) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2002 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $287,036,000, to be derived from the
Land and Water Conservation Fund, to remain available until
expended and to be for the conservation activities defined in
section 250(c)(4)(E)(iii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act, of which
[[Page S7444]]
$164,000,000 is for the State assistance program including
$4,000,000 to administer the State assistance program, and of
which $11,000,000 shall be for grants, not covering more than
50 percent of the total cost of any acquisition to be made
with such funds, to States and local communities for purposes
of acquiring lands or interests in lands to preserve and
protect Civil War battlefield sites identified in the July
1993 Report on the Nation's Civil War Battlefields prepared
by the Civil War Sites Advisory Commission: Provided, That
lands or interests in land acquired with Civil War
battlefield grants shall be subject to the requirements of
paragraph 6(f)(3) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-8(f)(3)): Provided further, That of
the amounts provided under this heading, $15,000,000 may be
for Federal grants to the State of Florida for the
acquisition of lands or waters, or interests therein, within
the Everglades watershed (consisting of lands and waters
within the boundaries of the South Florida Water Management
District, Florida Bay and the Florida Keys, including the
areas known as the Frog Pond, the Rocky Glades and the Eight
and One-Half Square Mile Area) under terms and conditions
deemed necessary by the Secretary to improve and restore the
hydrological function of the Everglades watershed; and
$16,000,000 may be for project modifications authorized by
section 104 of the Everglades National Park and Expansion
Act: Provided further, That funds provided under this heading
for assistance to the State of Florida to acquire lands
within the Everglades watershed are contingent upon new
matching non-Federal funds by the State and shall be subject
to an agreement that the lands to be acquired will be managed
in perpetuity for the restoration of the Everglades: Provided
further, That none of the funds provided for the State
Assistance program may be used to establish a contingency
fund.
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 315 passenger
motor vehicles, of which 256 shall be for replacement only,
including not to exceed 237 for police-type use, 11 buses,
and 8 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to
process any grant or contract documents which do not include
the text of 18 U.S.C. 1913: Provided further, That none of
the funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been
submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day
in which either House of Congress is not in session because
of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end
of Ellis Island, including the facts and circumstances relied
upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to
encourage employees receiving workers' compensation benefits
pursuant to chapter 81 of title 5, United States Code, to
return to appropriate positions for which they are medically
able.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; $892,474,000, of which $64,318,000 shall be
available only for cooperation with States or municipalities
for water resources investigations; and of which $16,400,000
shall remain available until expended for conducting
inquiries into the economic conditions affecting mining and
materials processing industries; and of which $8,000,000
shall remain available until expended for satellite
operations; and of which $23,226,000 shall be available until
September 30, 2003 for the operation and maintenance of
facilities and deferred maintenance; and of which
$164,424,000 shall be available until September 30, 2003 for
the biological research activity and the operation of the
Cooperative Research Units: Provided, That none of these
funds provided for the biological research activity shall be
used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner:
Provided further, That of the amount provided herein,
$25,000,000 is for the conservation activities defined in
section 250(c)(4)(E)(viii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for the
purposes of such Act: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
The amount appropriated for the United States Geological
Survey shall be available for the purchase of not to exceed
53 passenger motor vehicles, of which 48 are for replacement
only; reimbursement to the General Services Administration
for security guard services; contracting for the furnishing
of topographic maps and for the making of geophysical or
other specialized surveys when it is administratively
determined that such procedures are in the public interest;
construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee on Geology; and payment of compensation
and expenses of persons on the rolls of the Survey duly
appointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in 31 U.S.C. 6302 et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only, $151,933,000, of which $84,021,000,
shall be available for royalty management activities; and an
amount not to exceed $102,730,000, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, from rate increases to fee
collections for Outer Continental Shelf administrative
activities performed by the Minerals Management Service over
and above the rates in effect on September 30, 1993, and from
additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided,
That to the extent $102,730,000 in additions to receipts are
not realized from the sources of receipts stated above, the
amount needed to reach $102,730,000 shall be credited to this
appropriation from receipts resulting from rental rates for
Outer Continental Shelf leases in effect before August 5,
1993: Provided further, That $3,000,000 for computer
acquisitions shall remain available until September 30, 2003:
Provided further, That funds appropriated under this Act
shall be available for the payment of interest in accordance
with 30 U.S.C. 1721(b) and (d): Provided further, That not to
exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other
provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service (MMS) concurred with the claimed refund
due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
further, That MMS may under the royalty-in-kind pilot program
use a portion of the revenues from royalty-in-kind sales,
without regard to fiscal year limitation, to pay for
transportation to wholesale market centers or upstream
pooling points, and to process or otherwise dispose of
royalty production taken in kind: Provided further, That MMS
shall analyze and document the expected return in advance of
any royalty-in-kind sales to assure to the maximum extent
practicable that royalty income under the pilot program is
equal to or greater than royalty income recognized under a
comparable royalty-in-value program.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,118,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not to
exceed 10 passenger motor vehicles, for replacement only;
$102,144,000: Provided, That the Secretary of the Interior,
pursuant to regulations, may use directly or through grants
to States, moneys collected in fiscal year 2002 for civil
penalties assessed under section 518 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
reclaim lands adversely affected by coal mining practices
after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $203,171,000,
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
[[Page S7445]]
from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,600,000 per State in
fiscal year 2002: Provided further, That of the funds herein
provided up to $18,000,000 may be used for the emergency
program authorized by section 410 of Public Law 95-87, as
amended, of which no more than 25 percent shall be used for
emergency reclamation projects in any one State and funds for
federally administered emergency reclamation projects under
this proviso shall not exceed $11,000,000: Provided further,
That prior year unobligated funds appropriated for the
emergency reclamation program shall not be subject to the 25
percent limitation per State and may be used without fiscal
year limitation for emergency projects: Provided further,
That pursuant to Public Law 97-365, the Department of the
Interior is authorized to use up to 20 percent from the
recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
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,
$1,804,322,000, to remain available until September 30, 2003
except as otherwise provided herein, of which not to exceed
$89,864,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, not to exceed $130,209,000 shall be available for
payments to tribes and tribal organizations for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2002, as authorized by
such Act, except that tribes and tribal organizations may use
their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; and up to
$3,000,000 shall be for the Indian Self-Determination Fund
which shall be available for the transitional cost of initial
or expanded tribal contracts, grants, compacts or cooperative
agreements with the Bureau under such Act; and of which not
to exceed $436,427,000 for school operations costs of Bureau-
funded schools and other education programs shall become
available on July 1, 2002, and shall remain available until
September 30, 2003; and of which not to exceed $58,540,000
shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation
support, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$43,065,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
the operation of Bureau-funded schools: Provided further,
That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2003, may be transferred
during fiscal year 2004 to an Indian forest land assistance
account established for the benefit of such tribe within the
tribe's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2004.
construction
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $360,132,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2002, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as
amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $60,949,000, to
remain available until expended; of which $24,870,000 shall
be available for implementation of enacted Indian land and
water claim settlements pursuant to Public Laws 101-618 and
102-575, and for implementation of other enacted water rights
settlements; of which $7,950,000 shall be available for
future water supplies facilities under Public Law 106-163; of
which $21,875,000 shall be available pursuant to Public Laws
99-264, 100-580, 106-263, 106-425, 106-554, and 106-568; and
of which $6,254,000 shall be available for the consent decree
entered by the U.S. District Court, Western District of
Michigan in United States v. Michigan, Case No. 2:73 CV 26.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $75,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $486,000.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits, and
purchase of not to exceed 229 passenger motor vehicles, of
which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, pooled overhead general administration (except
facilities operations and maintenance), or provided to
implement the recommendations of the National Academy of
Public Administration's August 1999 report shall be available
for tribal contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the Tribal
Self-Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the
United States and that tribe, or that tribe's ability to
access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996.
No funds available to the Bureau shall be used to support
expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the
Interior at each school in the Bureau school system as of
October 1, 1995. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter
[[Page S7446]]
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 (commonly known as the ``Federal
Tort Claims Act'').
Departmental Offices
Insular Affairs
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$76,450,000, of which: (1) $71,922,000 shall be available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $4,528,000 shall be available for
salaries and expenses of the Office of Insular Affairs:
Provided, That all financial transactions of the territorial
and local governments herein provided for, including such
transactions of all agencies or instrumentalities established
or used by such governments, may be audited by the General
Accounting Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further,
That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the
Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That of the amounts
provided for technical assistance, not to exceed $2,000,000
shall be made available for transfer to the Disaster
Assistance Direct Loan Financing Account of the Federal
Emergency Management Agency for the purpose of covering the
cost of forgiving the repayment obligation of the Government
of the Virgin Islands on Community Disaster Loan 841, as
required by section 504 of the Congressional Budget Act of
1974, as amended (2 U.S.C. 661c): Provided further, That 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 in American Samoa,
Guam, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of Palau, the Republic of the
Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations maintenance
needs, improved capability of local operations and
maintenance institutions and agencies (including management
and vocational education training), and project-specific
maintenance (with territorial participation and cost sharing
to be determined by the Secretary based on the individual
territory's commitment to timely maintenance of its capital
assets): Provided further, That any appropriation for
disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the
Marshall Islands as provided for in sections 122, 221, 223,
232, and 233 of the Compact of Free Association, and for
economic assistance and necessary expenses for the Republic
of Palau as provided for in sections 122, 221, 223, 232, and
233 of the Compact of Free Association, $23,245,000, to
remain available until expended, as authorized by Public Law
99-239 and Public Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of
the Interior, $67,541,000, of which not to exceed $8,500 may
be for official reception and representation expenses, and of
which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States
Bureau of Mines.
Office of the Solicitor
Salaries and Expenses
For necessary expenses of the Office of the Solicitor,
$44,074,000.
Office of Inspector General
Salaries and Expenses
For necessary expenses of the Office of Inspector General,
$34,302,000, 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, $99,224,000, to remain available until expended:
Provided, That funds for trust management improvements may be
transferred, as needed, to the Bureau of Indian Affairs
``Operation of Indian Programs'' account and to the
Departmental Management ``Salaries and Expenses'' account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2002, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on
any claim, including any claim in litigation pending on the
date of the enactment of this Act, concerning losses to or
mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether
there has been a loss: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for
any Indian trust account that has not had activity for at
least 18 months and has a balance of $1.00 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be withdrawn
upon the express written request of the account holder.
Indian Land Consolidation
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $10,980,000, to remain available until expended
and which may be transferred to the Bureau of Indian Affairs
and Departmental Management.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601
et seq.), Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (Public
Law 101-380) (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $5,872,000, to
remain available until expended.
administrative provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision
of law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the
purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in
the ``Departmental Management'', ``Office of the Solicitor'',
and ``Office of Inspector General'' may be augmented through
the Working Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or
[[Page S7447]]
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 thirty
days: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
and must be replenished by a supplemental appropriation which
must be requested as promptly as possible: Provided further,
That such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds were
transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535
and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment,
and for services rendered may be credited to the
appropriation current at the time such reimbursements are
received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of 12
months beginning at any time during the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
leasing and related activities placed under restriction in
the President's moratorium statement of June 12, 1998, in the
areas of northern, central, and southern California; the
North Atlantic; Washington and Oregon; and the eastern Gulf
of Mexico south of 26 degrees north latitude and east of 86
degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
oil and natural gas preleasing, leasing, and related
activities, on lands within the North Aleutian Basin planning
area.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer
Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
2002.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant
to the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) or the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the
Indian tribe, tribal organization, or consortium before such
funds are expended for the purposes of the grant, compact, or
annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by
the United States, or mutual (or other) funds registered with
the Securities and Exchange Commission and which only invest
in obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
Sec. 112. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any available unobligated
balances from prior appropriations Acts made under the same
headings, shall be available for expenditure or transfer for
Indian trust management activities pursuant to the Trust
Management Improvement Project High Level Implementation
Plan.
Sec. 113. A grazing permit or lease that expires (or is
transferred) during fiscal year 2002 shall be renewed under
section 402 of the Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1752) or if applicable, section
510 of the California Desert Protection Act (16 U.S.C.
410aaa-50). The terms and conditions contained in the
expiring permit or lease shall continue in effect under the
new permit or lease until such time as the Secretary of the
Interior completes processing of such permit or lease in
compliance with all applicable laws and regulations, at which
time such permit or lease may be canceled, suspended or
modified, in whole or in part, to meet the requirements of
such applicable laws and regulations. Nothing in this section
shall be deemed to alter the Secretary's statutory authority.
Sec. 114. 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. 115. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2002. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
Sec. 116. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2002 shall
be allocated among the schools proportionate to the unmet
need of the schools as determined by the Postsecondary
Funding Formula adopted by the Office of Indian Education
Programs.
Sec. 117. (a) The Secretary of the Interior shall take such
action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas (as
described in section 123 of Public Law 106-291) are used only
in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only (1)
for religious and cultural uses that are compatible with the
use of the lands as a cemetery, and (2) as a burial ground.
Sec. 118. 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. 119. Section 412(b) of the National Parks Omnibus
Management Act of 1998, as amended (16 U.S.C. 5961) is
amended by striking ``2001'' and inserting ``2002''.
Sec. 120. Notwithstanding other provisions of law, the
National Park Service may authorize, through cooperative
agreement, the Golden Gate National Parks Association to
provide fee-based education, interpretive and visitor service
functions within the Crissy Field and Fort Point areas of the
Presidio.
Sec. 121. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or
seedlings including those collected in fiscal year 2001, may
be credited to the appropriation from which funds were
expended to acquire or grow the seeds or seedlings and are
available without fiscal year limitation.
Sec. 122. Tribal School Construction Demonstration Program.
(a) Definitions.--In this section:
(1) Construction.--The term ``construction'', with respect
to a tribally controlled school, includes the construction or
renovation of that school.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).
(3) Secretary.--The term ``secretary'' means the Secretary
of the Interior.
(4) Tribally controlled school.--The term ``tribally
controlled school'' has the meaning given that term in
section 5212 of the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2511).
(5) Department.--The term ``Department'' means the
Department of the Interior.
(6) Demonstration program.--The term ``demonstration
program'' means the Tribal School Construction Demonstration
Program.
(b) In General.--The Secretary shall carry out a
demonstration program to provide grants to Indian tribes for
the construction of tribally controlled schools.
(1) In general.--Subject to the availability of
appropriations, in carrying out the demonstration program
under subsection (b), the Secretary shall award a grant to
each Indian tribe that submits an application that is
approved by the Secretary under paragraph (2). The Secretary
shall ensure that an eligible Indian tribe currently on the
Department's priority list for constructing of replacement
educational facilities receives the highest priority for a
grant under this section.
(2) Grant applications.--An application for a grant under
the section shall--
(A) include a proposal for the construction of a tribally
controlled school of the Indian tribe that submits the
application; and
[[Page S7448]]
(B) be in such form as the Secretary determines
appropriate.
(3) Grant agreement.--As a condition to receiving a grant
under this section, the Indian tribe shall enter into an
agreement with the Secretary that specifies--
(A) the costs of construction under the grant;
(B) that the Indian tribe shall be required to contribute
towards the cost of the construction a tribal share equal to
50 percent of the costs; and
(C) any other term or condition that the Secretary
determines to be appropriate.
(4) Eligibility.--Grants awarded under the demonstration
program shall only be for construction on replacement
tribally controlled schools.
(c) Effect of Grant.--A grant received under this section
shall be in addition to any other funds received by an Indian
tribe under any other provision of law. The receipt of a
grant under this section shall not affect the eligibility of
an Indian tribe receiving funding, or the amount of funding
received by the Indian tribe, under the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.).
Sec. 123. White River Oil Shale Mine, Utah. (a) Sale.--The
Administrator of General Services (referred to in this
section as the ``Administrator'') shall sell all right,
title, and interest of the United States in and to the
improvements and equipment described in subsection (b) that
are situated on the land described in subsection (c)
(referred to in this section as the ``Mine'').
(b) Description of Improvements and equipment.-- The
improvements and equipment referred to in subsection (a) are
the following improvements and equipment associated with the
Mine:
(1) Mine Service Building.
(2) Sewage Treatment Building.
(3) Electrical Switchgear Building.
(4) Water Treatment Building/Plant.
(5) Ventilation/Fan Building.
(6) Water Storage Tanks.
(7) Mine Hoist Cage and Headframe.
(8) Miscellaneous Mine-related equipment.
(c) Description of Land.--The land referred to in
subsection (a) is the land located in Uintah County, Utah,
known as the ``White River Oil Shale Mine'' and described as
follows:
(1) T. 10 S., R 24 E., Salt Lake Meridian, sections 12
through 14, 19 through 30, 33, and 34.
(2) T. 10 S., R. 25 E., Salt Lake Meridian, sections 18 and
19.
(d) Use of Proceeds.--The proceeds of the sale under
subsection (a)--
(1) shall be deposited in a special account in the Treasury
of the United States; and
(2) shall be available until expended, without further Act
of appropriation--
(A) first, to reimburse the Administrator for the direct
costs of the sale; and
(B) second, to reimburse the Bureau of Land Management Utah
State Office for the costs of closing and rehabilitating the
Mine.
(e) Mine Closure and Rehabilitation.--The closing and
rehabilitation of the Mine (including closing of the mine
shafts, site grading, and surface revegetation) shall be
conducted in accordance with--
(1) the regulatory requirements of the State of Utah, the
Mine Safety and Health Administration, and the Occupational
Safety and Health Administration; and
(2) other applicable law.
Sec. 124. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon
and Hart National Wildlife Refuges for the purpose of
capturing and transporting horses and burros. The provisions
of subsection (a) of the Act of September 8, 1959 (73 Stat.
470; 18 U.S.C. 47(a)) shall not be applicable to such use.
Such use shall be in accordance with humane procedures
prescribed by the Secretary.
Sec. 125. Upon application of the Governor of a State, the
Secretary of the Interior shall (1) transfer not to exceed 25
percent of that State's formula allocation under the heading
``National Park Service, Land Acquisition and State
Assistance'' to increase the State's allocation under the
heading ``United States Fish and Wildlife Service, State
Wildlife Grants'' or (2) transfer not to exceed 25 percent of
the State's formula allocation under the heading ``United
States Fish and Wildlife Service, State Wildlife Grants'' to
increase the State's formula allocation under the heading
``National Park Service, Land Acquisition and State
Assistance''.
Sec. 126. Section 819 of Public Law 106-568 is hereby
repealed.
Sec. 127. Moore's Landing at the Cape Romain National
Wildlife Refuge in South Carolina is hereby named for George
Garris and shall hereafter be referred to in any law,
document, or records of the United States as ``Garris
Landing''.
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, $242,822,000, to remain available until
expended.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
cooperative forestry, and education and land conservation
activities and conducting an international program as
authorized, $287,331,000, to remain available until expended,
as authorized by law, of which $101,000,000 is for Forest
Legacy and Urban and Community Forestry, defined in section
250(c)(4)(E)(ix) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such
Act: Provided, That none of the funds provided under this
heading for the acquisition of lands or interests in lands
shall be available until the House Committee on
Appropriations and the Senate Committee on Appropriations
provide to the Secretary, in writing, a list of specific
acquisitions to be undertaken with such funds: Provided
further, That notwithstanding any other provision of law, of
the funds provided under this heading, $5,000,000 shall be
made available to Kake Tribal Corporation as an advanced
direct lump sum payment to implement the Kake Tribal
Corporation Land Transfer Act (Public Law 106-283).
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, $1,324,491,000, to
remain available until expended, which shall include 50
percent of all moneys received during prior fiscal years as
fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act
(16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
available at the start of fiscal year 2002 shall be displayed
by extended budget line item in the fiscal year 2003 budget
justification: Provided further, That of the amount available
for vegetation and watershed management, the Secretary may
authorize the expenditure or transfer of such sums as
necessary to the Department of the Interior, Bureau of Land
Management for removal, preparation, and adoption of excess
wild horses and burros from National Forest System lands:
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 for Wildlife and Fish Habitat Management, $600,000
shall be provided to the State of Alaska for wildlife
monitoring activities.
wildland fire management
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System lands
and water, $1,115,594,000, 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 2001 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, $4,000,000 of funds appropriated
under this appropriation shall be used for Fire Science
Research in support of the Joint Fire Science Program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research: Provided further,
That funds provided shall be available for emergency
rehabilitation and restoration, hazard reduction activities
in the urban-wildland interface, support to federal emergency
response, and wildfire suppression activities of the Forest
Service: Provided further, That amounts under this heading
may be transferred as specified in the report accompanying
this Act to the ``State and Private Forestry'', ``National
Forest System'', ``Forest and Rangeland Research'', and
``Capital Improvement and Maintenance'' accounts to fund
state fire assistance, volunteer fire assistance, and forest
health management, vegetation and watershed management,
heritage site rehabilitation, wildlife and fish habitat
management, trails and facilities maintenance and
restoration: Provided further, That transfers of any amounts
in excess of those specified shall require approval of the
House and Senate Committees on Appropriations in compliance
with reprogramming procedures contained in House Report No.
105-163: Provided further, That the costs of implementing any
cooperative agreement between the Federal government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That in entering into
such grants or cooperative agreements, the Secretary may
consider the enhancement of local and small business
employment opportunities for rural communities, and that in
entering into procurement contracts under this section on a
best value basis, the Secretary may take into account the
ability of an entity to enhance local and small business
employment opportunities in rural communities, and that the
Secretary may award procurement contracts, grants, or
cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps
or related partnerships with State, local or non-profit youth
groups, or small or disadvantaged businesses: Provided
further, That:
(1) In expending the funds provided with respect to this
Act for hazardous fuels reduction, the Secretary of the
Interior and the Secretary of Agriculture may conduct fuel
reduction treatments on Federal lands using all contracting
and hiring authorities available to the Secretaries
applicable to hazardous fuel reduction activities under the
wildland fire management accounts. Notwithstanding Federal
government
[[Page S7449]]
procurement and contracting laws, the Secretaries may conduct
fuel reduction treatments on Federal lands using grants and
cooperative agreements. Notwithstanding Federal government
procurement and contracting laws, in order to provide
employment and training opportunities to people in rural
communities, the Secretaries may award contracts, including
contracts for monitoring activities, to--
(A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partnerships,
with State, local and non-profit youth groups;
(C) small or micro-businesses; or
(D) other entities that will hire or train a significant
percentage of local people to complete such contracts. The
authorities described above relating to contracts, grants,
and cooperative agreements are available until all funds
provided in this title for hazardous fuels reduction
activities in the urban wildland interface are obligated.
(2)(A) The Secretary of Agriculture may transfer or
reimburse funds to the United States Fish and Wildlife
Service of the Department of the Interior, or the National
Marine Fisheries Service of the Department of Commerce, for
the costs of carrying out their responsibilities under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference as required by section 7 of such Act
in connection with wildland fire management activities in
fiscal years 2001 and 2002.
(B) Only those funds appropriated for fiscal years 2001 and
2002 to Forest Service (USDA) for wildland fire management
are available to the Secretary of Agriculture for such
transfer or reimbursement.
(C) The amount of the transfer or reimbursement shall be as
mutually agreed by the Secretary of Agriculture and the
Secretary of the Interior or Secretary of Commerce, as
applicable, or their designees. The amount shall in no case
exceed the actual costs of consultation and conferencing in
connection with wildland fire management activities affecting
National Forest System lands.
For an additional amount to cover necessary expenses for
emergency rehabilitation, wildfire suppression and other fire
operations of the Forest Service, $165,000,000, to remain
available until expended, of which $100,000,000 is for
emergency rehabilitation and wildfire suppression, and
$65,000,000 is for other fire operations: Provided, That the
entire amount appropriated in this paragraph is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That these
funds shall be available only to the extent an official
budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
For an additional amount, to liquidate obligations
previously incurred, $274,147,000.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $541,286,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for
construction, reconstruction, repair and maintenance of
forest roads and trails by the Forest Service as authorized
by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205, of which
$61,000,000 is for conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such
Act: Provided, That fiscal year 2001 balances in the Federal
Infrastructure Improvement account for the Forest Service
shall be transferred to and merged with this appropriation
and shall remain available until expended: Provided further,
That up to $15,000,000 of the funds provided herein for road
maintenance shall be available for the decommissioning of
roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided
further, That no funds shall be expended to decommission any
system road until notice and an opportunity for public
comment has been provided on each decommissioning project:
Provided further, That the Forest Service shall transfer
$300,000, appropriated in Public Law 106-291 within the
Capital Improvement and Maintenance appropriation, to the
State and Private Forestry appropriation, and shall provide
these funds in an advance direct lump sum payment to Purdue
University for planning and construction of a hardwood tree
improvement and generation facility.
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, $128,877,000 to be derived from the Land and
Water Conservation Fund, to remain available until expended,
and to be for the conservation activities defined in section
250(c)(4)(E)(iv) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, for the purposes of such
Act.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities
pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, as amended, to
remain available until expended, of which not to exceed 6
percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
Management of National Forest Lands for Subsistence Uses
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $5,488,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of not to exceed
132 passenger motor vehicles of which eight will be used
primarily for law enforcement purposes and of which 130 shall
be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to
exceed seven for replacement only, and acquisition of
sufficient aircraft from excess sources to maintain the
operable fleet at 195 aircraft for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein, including the Oscoda-Wurtsmith
land exchange in Michigan, 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.
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 appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department of
Agriculture without the approval of the Chief of the Forest
Service.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high
priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps,
defined in section 250(c)(4)(E)(xii) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, for
the purposes of such Act.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
[[Page S7450]]
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$2,250,000 may be advanced in a lump sum as Federal financial
assistance to the National Forest Foundation, without regard
to when the Foundation incurs expenses, for administrative
expenses or projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That
of the Federal funds made available to the Foundation, no
more than $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 hereafter, the National Forest
Foundation may hold Federal funds made available but not
immediately disbursed and may use any interest or other
investment income earned (before, on, or after the date of
the enactment of this Act) on Federal funds to carry out the
purposes of Public Law 101-593: Provided further, That such
investments may be made only in interest-bearing obligations
of the United States or in obligations guaranteed as to both
principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709,
and may be advanced in a lump sum as Federal financial
assistance, without regard to when expenses are incurred, for
projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds advanced by the Forest Service:
Provided further, That the Foundation may transfer Federal
funds to a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of
the funds appropriated to the Forest Service in the
``National Forest System'' and ``Capital Improvement and
Maintenance'' accounts and planned to be allocated to
activities under the ``Jobs in the Woods'' program for
projects on National Forest land in the State of Washington
may be granted directly to the Washington State Department of
Fish and Wildlife for accomplishment of planned projects.
Twenty percent of said funds shall be retained by the Forest
Service for planning and administering projects. Project
selection and prioritization shall be accomplished by the
Forest Service with such consultation with the State of
Washington as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
The Secretary of Agriculture is authorized to enter into
grants, contracts, and cooperative agreements as appropriate
with the Pinchot Institute for Conservation, as well as with
public and other private agencies, organizations,
institutions, and individuals, to provide for the
development, administration, maintenance, or restoration of
land, facilities, or Forest Service programs, at the Grey
Towers National Historic Landmark: Provided, That, subject to
such terms and conditions as the Secretary of Agriculture may
prescribe, any such public or private agency, organization,
institution, or individual may solicit, accept, and
administer private gifts of money and real or personal
property for the benefit of, or in connection with, the
activities and services at the Grey Towers National Historic
Landmark: Provided further, That such gifts may be accepted
notwithstanding the fact that a donor conducts business with
the Department of Agriculture in any capacity.
Funds appropriated to the Forest Service shall be
available, as determined by the Secretary, for payments to
Del Norte County, California, pursuant to sections 13(e) and
14 of the Smith River National Recreation Area Act (Public
Law 101-612).
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
The Forest Service shall fund indirect expenses, that is
expenses not directly related to specific programs or to the
accomplishment of specific work on-the-ground, from any funds
available to the Forest Service: Provided, That the Forest
Service shall implement and adhere to the definitions of
indirect expenditures established pursuant to Public Law 105-
277 on a nationwide basis without flexibility for
modification by any organizational level except the
Washington Office, and when changed by the Washington Office,
such changes in definition shall be reported in budget
requests submitted by the Forest Service: Provided further,
That the Forest Service shall provide in all future budget
justifications, planned indirect expenditures in accordance
with the definitions, summarized and displayed to the
Regional, Station, Area, and detached unit office level. The
justification shall display the estimated source and amount
of indirect expenditures, by expanded budget line item, of
funds in the agency's annual budget justification. The
display shall include appropriated funds and the Knutson-
Vandenberg, Brush Disposal, Cooperative Work-Other, and
Salvage Sale funds. Changes between estimated and actual
indirect expenditures shall be reported in subsequent budget
justifications: Provided, That during fiscal year 2002 the
Secretary shall limit total annual indirect obligations from
the Brush Disposal, Knutson-Vandenberg, Reforestation,
Salvage Sale, and Roads and Trails funds to 20 percent of the
total obligations from each fund. Obligations in excess of 20
percent which would otherwise be charged to the above funds
may be charged to appropriated funds available to the Forest
Service subject to notification of the Committees on
Appropriations of the House and Senate.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $750,000.
The Secretary of Agriculture may authorize the sale of
excess buildings, facilities, and other properties owned by
the Forest Service and located on the Green Mountain National
Forest, the revenues of which shall be retained by the Forest
Service and available to the Secretary without further
appropriation and until expended for maintenance and
rehabilitation activities on the Green Mountain National
Forest.
DEPARTMENT OF ENERGY
Fossil Energy Research and Development
(including transfers of funds)
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),
$604,090,000, to remain available until expended, of which
$11,000,000 is to begin construction, renovation, acquisition
of furnishings, and demolition or removal of buildings at
National Energy Technology Laboratory facilities in
Morgantown, West Virginia and Pittsburgh, Pennsylvania, and
of which $33,700,000 shall be derived by transfer from funds
appropriated in prior years under the heading ``Clean Coal
Technology'', and of which $150,000,000 is to be made
available, after coordination with the private sector, for a
request for proposals for a Clean Coal Power Initiative
providing for competitively-awarded demonstrations of
commercial scale technologies to reduce the barriers to
continued and expanded coal use: Provided, That the request
for proposals shall be issued no later than one hundred and
twenty days following enactment of this Act, proposals shall
be submitted no later than ninety days after the issuance of
the request for proposals, and the Department of Energy shall
make project selections no later than one hundred and sixty
days after the receipt of proposals: Provided further, That
funds shall be expended in accordance with the provisions
governing the use of funds contained under the heading
``Clean Coal Technology'' in prior appropriations: Provided
further, That the Department may include provisions for
repayment of Government contributions to individual projects
in an amount up to the Government contribution to the project
on terms and conditions that are acceptable to the Department
including repayments from sale and licensing of technologies
from both domestic and foreign transactions: Provided
further, That such repayments shall be retained by the
Department for future coal-related research, development and
demonstration projects: Provided further, That any technology
selected under this program shall be considered a Clean Coal
Technology, and any project selected under this program shall
be considered a Clean Coal Technology Project, for the
purposes of 42 U.S.C. Sec. 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.
Alternative Fuels Production
(rescission)
Of the unobligated balances under this heading, $2,000,000
are rescinded.
naval petroleum and oil shale reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, $17,371,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil
shale reserve activities.
Elk Hills School Lands Fund
For necessary expenses in fulfilling installment payments
under the Settlement Agreement entered into by the United
States and the State
[[Page S7451]]
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, 2002 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, $870,805,000, to remain available until expended:
Provided, That $251,000,000 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:
$213,000,000 for weatherization assistance grants and
$38,000,000 for State energy conservation grants.
Economic Regulation
For necessary expenses in carrying out the activities of
the Office of Hearings and Appeals, $1,996,000, to remain
available until expended.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $169,009,000,
to remain available until expended, of which $8,000,000 shall
be available for maintenance of a Northeast Home Heating Oil
Reserve.
Energy Information Administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $75,499,000, to remain
available until expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year
shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase,
repair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the
performance of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account of
the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department
appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for
plant construction, operation, costs, and payments to cost-
sharing entities as provided in appropriate cost-sharing
contracts or agreements: Provided further, That the remainder
of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided
further, That any contract, agreement, or provision thereof
entered into by the Secretary pursuant to this authority
shall not be executed prior to the expiration of 30 calendar
days (not including any day in which either House of Congress
is not in session because of adjournment of more than three
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, $2,388,614,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That $15,000,000 shall remain
available until expended, for the Indian Catastrophic Health
Emergency Fund: Provided further, That $430,776,000 for
contract medical care shall remain available for obligation
until September 30, 2003: Provided further, That of the funds
provided, up to $22,000,000 shall be used to carry out the
loan repayment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That funds provided
in this Act may be used for 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 for
obligation until September 30, 2003: Provided further, That
amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall be
reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided
further, That, notwithstanding any other provision of law, of
the amounts provided herein, not to exceed $288,234,000 shall
be for payments to tribes and tribal organizations for
contract or grant support costs associated with contracts,
grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal
organization pursuant to the Indian Self-Determination Act of
1975, as amended, prior to or during fiscal year 2002, of
which up to $40,000,000 may be used for such costs associated
with the Navajo Nation's new and expanded contracts, grants,
self-governance compacts or annual funding agreements:
Provided further, That funds available for the Indian Health
Care Improvement Fund may be used, as needed, to carry out
activities typically funded under the Indian Health
Facilities account.
Indian Health Facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $362,854,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian
tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities:
Provided further, That from the funds appropriated herein,
$5,000,000 shall be designated by the Indian Health Service
as a contribution to the Yukon-Kuskokwim Health Corporation
(YKHC) to continue a priority project for the acquisition of
land, planning, design and construction of 79 staff quarters
at Bethel, Alaska, 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 $5,000,000 shall remain available until
expended for the purpose of funding joint venture health care
facility projects authorized under the Indian Health Care
Improvement Act, as amended: Provided further, That priority,
by rank order, shall be given to tribes with outpatient
projects on the existing Indian Health Services priority list
that have Service-approved planning documents, and can
demonstrate by March 1, 2002, the financial capability
necessary to provide an appropriate facility: Provided
further, That joint venture funds unallocated after March 1,
2002, shall be made available for joint venture projects on a
competitive basis giving priority to tribes that currently
have no existing Federally-owned health care facility, have
planning documents meeting Indian Health Service requirements
prepared for approval by the Service and can demonstrate the
financial capability needed to provide an appropriate
facility: Provided further, That the Indian Health Service
shall request additional staffing, operation and maintenance
funds for these facilities in future budget requests:
Provided further, That not to exceed $500,000 shall be used
by the Indian Health Service to purchase TRANSAM equipment
from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That
not to exceed $500,000 shall be used by the Indian Health
Service to obtain ambulances for the Indian Health Service
and tribal facilities in conjunction with an existing
interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That
not to exceed $500,000 shall be placed in a Demolition Fund,
available until expended, to be used by the Indian Health
Service for demolition of Federal buildings: Provided
further, That notwithstanding the provisions of title III,
section 306, of the Indian Health Care Improvement Act
(Public Law 94-437, as amended), construction contracts
authorized under title I of the Indian
[[Page S7452]]
Self-Determination and Education Assistance Act of 1975, as
amended, may be used rather than grants to fund small
ambulatory facility construction projects: Provided further,
That if a contract is used, the IHS is authorized to improve
municipal, private, or tribal lands, and that at no time,
during construction or after completion of the project will
the Federal Government have any rights or title to any real
or personal property acquired as a part of the contract.
Administrative Provisions, Indian Health Service
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefore as authorized by 5 U.S.C. 5901-5902;
and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement
authorized by title I or title III of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title III of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included
in an appropriations Act and enacted into law.
Funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and
accounted for in the appropriation structure set forth in
this Act. With respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services to
those entities, on a reimbursable basis, including payment in
advance with subsequent adjustment, and 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, said amounts to remain available
until expended. Reimbursements for training, technical
assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative,
and overhead associated with the provision of goods,
services, or technical assistance. The appropriation
structure for the Indian Health Service may not be altered
without advance approval of the House and Senate Committees
on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
Salaries and Expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$15,148,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
Payment to the Institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$4,490,000.
Smithsonian Institution
Salaries and Expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for
terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair, and
cleaning of uniforms for employees, $401,192,000, of which
not to exceed $43,713,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the
National Museum of the American Indian, the repatriation of
skeletal remains program, research equipment, information
management, and Latino programming shall remain available
until expended, and including such funds as may be necessary
to support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments for long
term and swing space, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the
general trust funds of the Institution to the extent that
federally supported activities are housed in the 900 H
Street, N.W. building in the District of Columbia: Provided
further, That this use of Federal appropriations shall not be
construed as debt service, a Federal guarantee of, a transfer
of risk to, or an obligation of, the Federal Government:
Provided further, That no appropriated funds may be used to
service debt which is incurred to finance the costs of
acquiring the 900 H Street building or of planning,
designing, and constructing improvements to such building.
Repair, Restoration and Alteration of Facilities
For necessary expenses of maintenance, repair, restoration,
and alteration of facilities owned or occupied by the
Smithsonian Institution, by contract or otherwise, as
authorized by section 2 of the Act of August 22, 1949 (63
Stat. 623), including not to exceed $10,000 for services as
authorized by 5 U.S.C. 3109, $67,900,000, to remain available
until expended, of which $10,000,000 is provided for
maintenance, repair, rehabilitation and alteration of
facilities at the National Zoological Park: Provided, That
contracts awarded for environmental systems, protection
systems, and repair or restoration of facilities of the
Smithsonian Institution may be negotiated with selected
contractors and awarded on the basis of contractor
qualifications as well as price.
Construction
For necessary expenses for construction, $25,000,000, to
remain available until expended.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to
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 in this or any other Act may be used to
make any changes to the existing Smithsonian science
programs, including closure of facilities, relocation of
staff or redirection of functions and programs, without
approval by the Board of Regents of recommendations received
from the Science Commission.
None of the funds 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
[[Page S7453]]
rental of devices and services for protecting buildings and
contents thereof, and maintenance, alteration, improvement,
and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made,
without advertising, with individuals, firms, or
organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $68,967,000,
of which not to exceed $3,026,000 for the special exhibition
program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $14,220,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $15,000,000.
construction
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $19,000,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $7,796,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$98,234,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to sections 5(c) and 5(g) of the Act, for program
support, and for administering the functions of the Act, to
remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$109,882,000, shall be available to the National Endowment
for the Humanities for support of activities in the
humanities, pursuant to section 7(c) of the Act, and for
administering the functions of the Act, to remain available
until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $15,622,000, to remain available until
expended, of which $11,622,000 shall be available to the
National Endowment for the Humanities for the purposes of
section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Institute of Museum and Library Services
office of museum services
grants and administration
For carrying out subtitle C of the Museum and Library
Services Act of 1996, as amended, $26,899,000, to remain
available until expended.
Challenge America Arts Fund
challenge america grants
For necessary expenses as authorized by Public Law 89-209,
as amended, $17,000,000 for support for arts education and
public outreach activities to be administered by the National
Endowment for the Arts, to remain available until expended.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses.
Commission of Fine Arts
Salaries and Expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,174,000:
Provided, That the Commission is authorized to charge fees to
cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended without further
appropriation.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
Salaries and Expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $3,310,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
National Capital Planning Commission
Salaries and Expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $7,253,000:
Provided, That all appointed members of the Commission will
be compensated at a rate not to exceed the daily equivalent
of the annual rate of pay for positions at level IV of the
Executive Schedule for each day such member is engaged in the
actual performance of duties.
United States Holocaust Memorial Museum
Holocaust Memorial Museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$36,028,000, of which $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's
exhibitions program shall remain available until expended.
Presidio Trust
Presidio Trust fund
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $23,125,000
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 under this Act shall
be available to the Secretary of the Interior or the
Secretary of Agriculture for the leasing of oil and natural
gas by noncompetitive bidding on publicly owned lands within
the boundaries of the Shawnee National Forest, Illinois:
Provided, That nothing herein is intended to inhibit or
otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. 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. 304. 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. 305. 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. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless advance notice of such assessments and the basis
therefor are presented to the Committees on Appropriations
and are approved by such committees.
Sec. 307. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 2001.
Sec. 308. 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. 309. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when such pedestrian use is consistent with
generally accepted safety standards.
Sec. 310. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for
the claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2002, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section
314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
[[Page S7454]]
(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. 311. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, and 106-291 for payments to tribes and tribal
organizations for contract support costs associated with
self-determination or self-governance contracts, grants,
compacts, or annual funding agreements with the Bureau of
Indian Affairs or the Indian Health Service as funded by such
Acts, are the total amounts available for fiscal years 1994
through 2001 for such purposes, except that, for the Bureau
of Indian Affairs, tribes and tribal organizations may use
their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, self-governance compacts or annual
funding agreements.
Sec. 312. Notwithstanding any other provision of law, for
fiscal year 2002 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ``Jobs in the
Woods'' Program established in Region 10 of the Forest
Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, northern
California and Alaska that have been affected by reduced
timber harvesting on Federal lands. The Secretaries shall
consider the benefits to the local economy in evaluating bids
and designing procurements which create economic
opportunities for local contractors.
Sec. 313. None of the funds collected under the
Recreational Fee Demonstration program may be used to plan,
design, or construct a visitor center or any other permanent
structure without prior approval of the House and the Senate
Committees on Appropriations if the estimated total cost of
the facility exceeds $500,000.
Sec. 314. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National
Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if
such designation would be contrary to county ordinance.
Sec. 315. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 316. The National Endowment for the Arts and the
National Endowment for the Humanities are authorized to
solicit, accept, receive, and invest in the name of the
United States, gifts, bequests, or devises of money and other
property or services and to use such in furtherance of the
functions of the National Endowment for the Arts and the
National Endowment for the Humanities. Any proceeds from such
gifts, bequests, or devises, after acceptance by the National
Endowment for the Arts or the National Endowment for the
Humanities, shall be paid by the donor or the representative
of the donor to the Chairman. The Chairman shall enter the
proceeds in a special interest-bearing account to the credit
of the appropriate endowment for the purposes specified in
each case.
Sec. 317. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 318. 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. 319. 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. 320. None of the funds in this Act may be used for
planning, design or construction of improvements to
Pennsylvania Avenue in front of the White House without the
advance approval of the House and Senate Committees on
Appropriations.
Sec. 321. Amounts deposited during fiscal year 2001 in the
roads and trails fund provided for in the fourteenth
paragraph under the heading ``FOREST SERVICE'' of the Act of
March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by
the Secretary of Agriculture, without regard to the State in
which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or
to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of
roads, bridges, and trails on National Forest System lands in
the wildland-community interface where there is an abnormally
high risk of fire. The projects shall emphasize reducing
risks to human safety and public health and property and
enhancing ecological functions, long-term forest
productivity, and biological integrity. The projects may be
completed in a subsequent fiscal year. Funds shall not be
expended under this section to replace funds which would
otherwise appropriately be expended from the timber salvage
sale fund. Nothing in this section shall be construed to
exempt any project from any environmental law.
Sec. 322. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach
promptly an individual on-duty with the agency being
contacted.
Sec. 323. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised under the
transaction evidence appraisal system using domestic Alaska
values for western red cedar: Provided, That sales which are
deficit when appraised under the transaction evidence
appraisal system using domestic Alaska values for western red
cedar may be advertised upon receipt of a written request by
a prospective, informed bidder, who has the opportunity to
review the Forest Service's cruise and harvest cost estimate
for that timber. Program accomplishments shall be based on
volume sold. Should Region 10 sell, in fiscal year 2002, the
annual average portion of the decadal allowable sale quantity
called for in the current Tongass Land Management Plan in
sales which are not deficit when appraised under the
transaction evidence appraisal system using domestic Alaska
values for western red cedar, all of the western red cedar
timber from those sales which is surplus to the needs of
domestic processors in Alaska, shall be made available to
domestic processors in the contiguous 48 United States at
prevailing domestic prices. Should Region 10 sell, in fiscal
year 2002, less than the annual average portion of the
decadal allowable sale quantity called for in the current
Tongass Land Management Plan in sales which are not deficit
when appraised under the transaction evidence appraisal
system using domestic Alaska values for western red cedar,
the volume of western red cedar timber available to domestic
processors at prevailing domestic prices in the contiguous 48
United States shall be that volume: (i) which is surplus to
the needs of domestic processors in Alaska; and (ii) is that
percent of the surplus western red cedar volume determined by
calculating the ratio of the total timber volume which has
been sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current
Tongass Land Management Plan. The percentage shall be
calculated by Region 10 on a rolling basis as each sale is
sold (for purposes of this amendment, a ``rolling basis''
shall mean that the determination of how much western red
cedar is eligible for sale to various markets shall be made
at the time each sale is awarded). Western red cedar shall be
deemed ``surplus to the needs of domestic processors in
Alaska'' when the timber sale holder has presented to the
Forest Service documentation of the inability to sell western
red cedar logs from a given sale to domestic Alaska
processors at price equal to or greater than the log selling
value stated in the contract. All additional western red
cedar volume not sold to Alaska or contiguous 48 United
States domestic processors may be exported to foreign markets
at the election of the timber sale holder. All Alaska yellow
cedar may be sold at prevailing export prices at the election
of the timber sale holder.
[[Page S7455]]
Sec. 324. None of the funds appropriated by this Act shall
be used to propose or issue rules, regulations, decrees, or
orders for the purpose of implementation, or in preparation
for implementation, of the Kyoto Protocol which was adopted
on December 11, 1997, in Kyoto, Japan at the Third Conference
of the Parties to the United Nations Framework Convention on
Climate Change, which has not been submitted to the Senate
for advice and consent to ratification pursuant to article
II, section 2, clause 2, of the United States Constitution,
and which has not entered into force pursuant to article 25
of the Protocol.
Sec. 325. The Forest Service, in consultation with the
Department of Labor, shall review Forest Service campground
concessions policy to determine if modifications can be made
to Forest Service contracts for campgrounds so that such
concessions fall within the regulatory exemption of 29 CFR
4.122(b). The Forest Service shall offer in fiscal year 2002
such concession prospectuses under the regulatory exemption,
except that, any prospectus that does not meet the
requirements of the regulatory exemption shall be offered as
a service contract in accordance with the requirements of 41
U.S.C. 351-358.
Sec. 326. 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. 327. The authority to enter into stewardship and end
result contracts provided to the Forest Service in accordance
with section 347 of title III of section 101(e) of division A
of Public Law 105-277 is hereby expanded to authorize the
Forest Service to enter into an additional 28 contracts
subject to the same terms and conditions as provided in that
section: Provided, That of the additional contracts
authorized by this section at least 9 shall be allocated to
Region 1 and at least 3 to Region 6.
Sec. 328. Any regulations or policies promulgated or
adopted by the Departments of Agriculture or the Interior
regarding recovery of costs for processing authorizations to
occupy and use Federal lands under their control shall adhere
to and incorporate the following principle arising from
Office of Management and Budget Circular, A-25; no charge
should be made for a service when the identification of the
specific beneficiary is obscure, and the service can be
considered primarily as benefiting broadly the general
public.
Sec. 329. Notwithstanding any other provision of law, for
fiscal year 2002, the Secretary of Agriculture is authorized
to limit competition for fire and fuel treatment and
watershed restoration contracts in the Giant Sequoia National
Monument and the Sequoia National Forest. Preference for
employment shall be given to dislocated and displaced workers
in Tulare, Kern and Fresno Counties, California, for work
associated with the establishment of the Giant Sequoia
National Monument.
Sec. 330. The Secretary of Agriculture, acting through the
Chief of the Forest Service shall:
(1) extend the special use permit for the Sioux Charlie
Cabin in the Absaroka Beartooth Wilderness Area, Montana,
held by Montana State University--Billings for a period of 50
years; and
(2) solicit public comments at the end of the 50 year
period to determine whether another extension should be
granted.
Sec. 331. Section 323 of the Department of the Interior and
Related Agencies Appropriations Act, 1999, as included in
Public Law 105-277, Division A, section 101(e), is amended by
striking ``and 2001,'' and inserting ``, 2001 and 2002,''.
Sec. 332. Section 551(c) of the Land Between the Lakes
Protection Act of 1998 (16 U.S.C. 460lll-61(c)) is amended by
striking ``2002'' and inserting ``2004''.
Sec. 333. 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.''.
This Act may be cited as the ``Department of the Interior
and Related Agencies Appropriations Act, 2002''.
Mr. REID. I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BYRD. Mr. President, I ask unanimous consent the order for the
quorum call be terminated.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. BYRD. Mr. President, I am very honored to join with my colleague,
the distinguished Senator from Montana, Mr. Burns, in bringing before
the Senate H.R. 2217, the Interior and related agencies bill for fiscal
year 2002, as amended, by the Senate Appropriations Committee.
This is the first of the 13 annual appropriations measures to be
considered by the Senate this year. In my opinion, this is a well-
crafted bill. It balances both the needs of the American people and the
resources available to the committee. We only have so much money
available and ``we ain't going to spend what we ain't got.''
That being the situation then, I urge my colleagues to adopt this
bill in a timely fashion so we can proceed to conference with the House
of Representatives. We have gotten a late start this year and we have
to work hard and long to catch up. Darkness may have fallen, from time
to time, before we catch up on these appropriations bills.
H.R. 2217 provides more than $1.2 billion in much-needed funding to
attack the deferred maintenance problems at our national parks, our
national wildlife refuges, our national forests, and other federal
recreational facilities across this nation. The bill would provide $480
million to the National Park Service, $108 million to the Fish and
Wildlife Service, $78 million to the Bureau of Land Management, and
$541 million to the Forest Service for literally hundreds, hundreds and
hundreds of important maintenance projects.
In addition, the bill restores $35 million in abandoned mine clean-up
funds that were unwisely proposed to be cut by the administration. We
are not going down that road, Mr. President. It restores nearly $80
million in proposed cuts to the budget of the U.S. Geological Survey, a
matter of great importance to many of our colleagues. The bill fully
funds the construction needs of the next six schools on the priority
list of the Bureau of Indian Affairs, while increasing funding for the
Indian Health Service. It increases funding for important energy
research programs overseen by Department of Energy, another issue of
particular importance to those from the West. Finally, this bill
provides nearly $895 million in funding for various cultural agencies:
agencies such as the Smithsonian Institution, the National Gallery of
Art, the Kennedy Center for the Performing Arts, the National Endowment
for the Arts, the National Endowment for the Humanities, and the Office
of Museum Services.
I am proud of the fact that the committee has kept its previous
commitment and has fully funded the Conservation Spending Category
established in title VIII of last year's Interior appropriations bill.
Included in that amount is $406 million for federal land acquisition;
$221 million for State and other conservation programs such as
endangered species programs and wetland conservation programs; $137
million for historic preservation programs; an additional $50 million
for the Payment-In-Lieu-of-Taxes program; and $180 million for Federal
infrastructure improvements.
This is a well-balanced bill, given the demands placed on the
committee as a result of 1,799 Member requests versus the resources
available to it. Despite that, I know there are Members who are
passionate about some of the programs funded in this bill, and they
would like to increase funding in one area or another. I appreciate
that. I respect the right of every Member to come to the floor and
offer such an amendment. But let me unfurl the warning flag. As
reported by the Appropriations Committee, this bill is
[[Page S7456]]
fully consistent with the 302(b) allocation provided to the Interior
Subcommittee.
In short, in plain, simple, mountain language, that means there is no
extra money on the table waiting to be spent--none, no extra money
waiting on the table, waiting to be spent.
Friends, Romans, countrymen, lend me your ears: There is no extra
money on the table. Any amendment proposing to increase spending in one
area of the bill will have to be offset with a cut in some other area.
Any Senator who wishes to add money may have to think whether or not he
wants to take that money away from Conrad Burns or the minority leader
or the majority leader or the humble slave, Robert C. Byrd.
With respect to offsets, let me add that Senator Burns and I, as
managers of this bill, will generally oppose amendments which propose
to cut the so-called travel and administrative expenses accounts.
The agencies funded in this bill have done a good job generally in
trimming these expenses to the bone, and unless Members are willing to
offer real, honest to goodness programmatic cuts as a way to pay for
their amendments, we will oppose all bogus offsets.
I urge my colleagues to come to the floor. I have heard it said that
some Senators think we are working too hard in the Senate. Let the
record show that a great stillness fell over the Chamber upon my saying
that. I have heard rumors that some Senators are concerned that we are
working too late, too long, too hard.
It is mortifying to hear such rumors. I can remember when for Easter
Sunday we were out on Friday and came back here on Monday. We didn't
used to have so-called ``breaks.'' We were also in session Mondays
through Fridays, and sometimes we were in on Saturdays.
God made the universe--all of creation, the beasts of the fields, the
fowl of the air, fruits and herb yielding seed--and he made man, not in
3 days. He didn't have a 3-day work week.
We have gotten used to 3-day workweeks here; come in late on Tuesday,
vote late on Tuesday, vote on Wednesday, vote Thursday, and be out
Friday, out Saturday, and out Sunday. God said keep the Sabbath day
holy. But that is not why the Senate lets out on Sunday.
Let us not be stunned if we are asked to work a little later or a
little longer. I would be happy to start voting on Monday and vote late
on Friday. I would just as soon be here as to be at home on Saturday
mopping the floor.
Let some of these Senators learn how to mop the floor for their
wives. Then they, too, will probably be married 64 years, as I have
been. Mop the floor, keep the wrists and the fingers strong. There is
no arthritis in my fingers. They tremble, but the bones are strong. The
wrists are strong, You would be surprised how many men I can wrestle to
their knees with these strong wrists. These strong wrists come from
mopping the floors. Yes. I mop the bathroom. I mop the kitchen floor. I
mop the utility room. I vacuum. I dust. It is good for me. It keeps me
humble. I even clean the commodes around my house. Things have changed
in this country. It used to be that we ate on the inside of the house
and went outside to the toilet. But anymore we eat on the outside of
the House and go inside to the toilet.
A Senator? Surely, a Senator wouldn't be concerned about working a
little longer or a little later. We have become spoiled. It is all
right for Senator Reid and me to become spoiled on Fathers' Day. But to
say that we don't want to vote on Mondays, and we don't want to vote on
Tuesdays until after the conference--we didn't even have weekly
conferences here when I was majority whip. We Democrats didn't have
conferences every Tuesday. We didn't need them.
But when I ran for the office of United States Senator for the eighth
consecutive 6-year term, I didn't say just sign me up for 3 days a
week. I didn't tell the majority leader when I was sworn in here, don't
count on me on any Fridays or Saturdays. I didn't say that.
I hope this is mere rumor that I hear that certain Senators have been
complaining that they have been working too long, too late, too many
days a week. I hope the majority leader will keep us in late tonight. I
hope he will keep us in late tomorrow night, if we don't finish this
bill. I hope he will say we will be in Friday, and with votes, if we
don't finish this bill today. And if we aren't finished by Saturday, I
hope the leader will say: Let's go at it, boys. We will be in Saturday.
But if there is a Senator who is complaining about working too hard,
Mr. Majority Whip, tell them where my office is. While we are on this
bill, I am for working. I want to get this bill finished. We have 12
more appropriations bills behind this bill.
I urge my colleagues to come to the floor today to offer any
amendment they may have and to allow us to conclude debate on this
measure no later than tomorrow so I can be with Lady Byrd and my little
dog, Billy Byrd. The bill and report have been available for more than
a week, and Senator Burns and I are here ready and willing to work with
our colleagues.
Mr. President, I thank, at this time, my colleague, Mr. Burns, for
his steady hand and for the leadership he has demonstrated in the
markup, in the hearings on the bill, and for his splendid cooperation,
for his always charitable attitude toward other Senators, and for his
fairness.
I yield the floor.
The PRESIDING OFFICER. The Senator from Montana.
Mr. BURNS. Mr. President, I thank my good friend and colleague from
West Virginia, the chairman of the Interior Appropriations
Subcommittee. I am recommending that this body pass the Interior
appropriations bill for fiscal year 2002.
I join my colleague in what he said in relation to folks who would
complain about working too much. I come from an agricultural
background. I was raised on a small farm in northwest Missouri. My dad
always had a little saying: When you look like a mule, you've got to
work like one. So I guess I have hired on for the duration.
We will get this bill completed. I was lucky enough to hold the
chairmanship of this Interior Subcommittee earlier this year, and I
made it a priority to move this bill forward in a noncontroversial and
bipartisan way. I was extremely pleased to learn, when the Senator from
West Virginia took control of the gavel, that he also shared this
vision. He and his staff have been extremely gracious in dealing with
all the requests before the subcommittee.
The bill up for consideration is a delicate balance of meeting our
Nation's needs while remaining fiscally responsible.
Not everyone will be happy with every portion of this bill--it has
never happened with this particular piece of legislation since I have
been in the Senate for the last 12 years--but I can guarantee you, the
bill is extremely fair. We had to make some tough choices, but I
believe those who have worked with us to put this bill together will
agree that the chairman has done an exemplary job in dealing with the
resources we had available to us in the subcommittee.
The bill before us provides over $18.5 billion in budget authority.
This number is $343 million above the President's request; however, it
is over $470 million less than has been requested by the House of
Representatives and almost $420 million below last year's
appropriations for the same activities.
The unprecedented and unsustainable increases of previous years have
been checked, but we have still upheld our commitments as stewards to
our public lands.
If time will allow, I would like to highlight some of the
accomplishments in this bill.
The Bureau of Land Management receives a substantial increase in
funding to help address our Nation's energy needs while balancing these
needs with the ongoing maintenance necessary to keep our public lands
healthy.
Initiatives of which I am especially proud include an increase in
excess of $15 million over last year's level for energy and minerals
management to help address the current backlog in energy-related
permitting, an increase above the budget request for noxious weed
research, control, and outreach, and the highest funding level ever for
the payments in lieu of taxes account.
Let me tell you, I am especially thankful to our chairman. Noxious
weeds is not a great--for the lack of another word--``sexy'' issue.
When you
[[Page S7457]]
start talking about things around Washington, DC, folks do not think a
lot about weeds, but they are something that we deal with across this
Nation on a daily basis; and also payments in lieu of taxes, which
means in the areas of counties that have a big preponderance of BLM
land, they are paid, as if taxes will be collected on that land, by the
Government. In other words, if the Federal Government has made the
choice they want to own that land, then they have to pay taxes like
everybody else--county taxes--that go to support schools, public
services, roads, and other demands of local government.
Our commitment to the Nation's wild spaces is continued in the U.S.
Fish and Wildlife Service budget, which has received a $62 million
increase over last year's level. This level allows us to address
habitat needs while working with private landowners through brand new
initiatives such as the Landowner Incentive Program. These new
initiatives will allow us to focus on a new idea of working across
land-ownership lines to do what is best to help the species and their
needs.
The National Park Service remains one of my top priorities. After
all, I have two of the really crown jewels of the National Park System
in my State: Yellowstone Park, of which part is in the State of our
friends to the south, in Wyoming, and Glacier National Park. It
receives an increase of almost $161 million above a year ago. This
funding helps address our crumbling infrastructure in our most
treasured public areas while increasing our assistance to States to
protect the areas that are high on their priority lists.
I am also pleased the bill provides $11 million for grants to
preserve Civil War battlefields.
Also, within the Bureau of Indian Affairs, no other priority is
higher on my list than the education of our Native American children.
We have been able to continue our aggressive attack on the construction
backlog of schools in Indian country by providing funds to replace the
next six schools on the Bureau of Indian Affairs' replacement list.
Again, the chairman has done an admirable job in attempting to meet my
request for a substantial increase in the operating funds available to
tribally controlled community colleges. It remains one of my top
priorities, and I hope to work with the chairman to increase the
funding level even further in future years.
We have seen great strides made, especially in the 2-year colleges on
our reservations. In fact, the gentleman who operates one of the tribal
colleges in our State is probably one of the best educators I have ever
known, and the impact he has had on his people on that reservation has
been tremendous.
Additionally, I am pleased that we have been able to match the
President's request for trust reform and management issues. And there
are many.
The Forest Service's largest initiative in recent years is the new
Interagency Fire Plan. We have continued to support the efforts of the
Bureau of Land Management and the Forest Service to address the
dangerous buildup of fuel in our national forests and adjacent lands.
Fire operations will continue to drain hundreds of millions of
dollars again this year as we enter another historic fire year, but the
investment in hazardous fuel reductions will pay off tenfold in future
years.
Last year was a devastating fire year in the West. We are still
experiencing drought in those areas. We can expect fires again this
year.
Unfortunately, the Department of Energy received massive proposed
cuts in this year's budget request. However, I believe the chairman has
restored these accounts in a very responsible manner. Working with the
rest of the committee and me, he has focused the fossil energy accounts
toward technologies that will increase efficiency and the cleanliness
of our aging power infrastructure, while addressing the negative
impacts of power generation.
We have started a new clean fuels initiative and increased our
research in methods to control and capture greenhouse gases. The
conservation accounts under the Department of Energy also receive
substantial increases over last year, including an addition of over $60
million from last year's weatherization assistance, and large increases
to make our buildings and transportation methods more efficient.
Finally, the conservation spending category created in last year's
final appropriations negotiations has been retained, and the compromise
of last year has been upheld both in the spirit and in the execution.
The bill contains $1.32 billion for the conservation spending category,
continuing our focus on protecting our wild areas while taking care of
our publicly owned facilities.
Clearly, a bill of this magnitude is difficult to craft, especially
considering the volume of requests that we field in this subcommittee
every year and those with which we have to deal. I thank the chairman
for his willingness to address the requests of all Members to the best
of his ability. I urge our colleagues to recognize his generosity and
take a hard look at the bottom line prior to attempting to amend this
bill.
I also ask our colleagues to respect our collective request that
legislative riders be avoided so we can get this bill to the President
as soon as possible.
Mr. CONRAD. Mr. President, I am pleased to rise today in support of
H.R. 2217, the Interior and Related Agencies Appropriations Act for
Fiscal Year 2002.
The Senate provides $18.5 billion in nonemergency discretionary
budget authority including an advance appropriation into 2002 of $36
million, which will result in new outlays in 2002 of $11.5 billion.
When outlays from prior-year budget authority are taken into account,
discretionary outlays for the Senate bill total $17.6 billion in 2002.
Of that total, $1.32 billion in budget authority and $1.03 billion in
outlays falls under the new cap for conservation spending. The
remaining amount counts against the general purpose cap for
discretionary spending. The Senate bill is within its Section 302(b)
allocations for budget authority and outlays for both general purpose
and conservation spending.
In addition, the Senate bill provides new emergency spending
authority of $235 million for wildland fire management, which will
result in outlays of $167 million. In accordance with standard budget
practice, the budget committee will adjust the appropriations
committee's allocation for emergency spending at the end of conference.
I again commend Chairman Byrd and Senator Stevens for their
bipartisan effort in moving this and other appropriations bills
quickly, in order to meet our responsibilities to maintain an effective
federal government. Their bill limits the use of the contentious
legislative riders that have hampered its predecessors, and provides
vital funding to manage our nation's natural resources, to support
better and more efficient use of our energy supplies, and to meet our
commitments to Native American tribes.
I urge the adoption of the bill.
Mr. President, I ask for unanimous consent that a table displaying
the budget committee scoring of this bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
H.R. 2217, INTERIOR AND RELATED AGENCIES, 2002
[Spending comparisons--Senate-reported bill (in millions of dollars)]
----------------------------------------------------------------------------------------------------------------
General
purpose Conservation Mandatory Total
----------------------------------------------------------------------------------------------------------------
Senate-reported bill:
Budget Authority................................................. 17,150 1,320 59 18,529
Outlays.......................................................... 16,539 1,029 77 17,645
Senate 302(b) allocation:
Budget Authority................................................. 17,151 1,376 59 18,586
Outlays.......................................................... 16,626 1,030 77 17,733
House-passed:
Budget Authority................................................. 17,621 1,320 59 19,000
Outlays.......................................................... 16,726 1,031 77 17,834
President's request:
Budget Authority................................................. 16,857 1,226 59 18,142
Outlays.......................................................... 16,396 823 77 17,296
SENATE-REPORTED BILL COMPARED TO--
Senate 302(b) allocation:
Budget Authority................................................. (1) (56) 0 (57)
Outlays.......................................................... (87) (1) 0 (88)
House-passed:
Budget Authority................................................. (471) 0 0 (471)
Outlays.......................................................... (187) (2) 0 (189)
President's request:
Budget Authority................................................. 293 94 0 387
Outlays.......................................................... 143 206 0 349
----------------------------------------------------------------------------------------------------------------
Notes: Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping
conventions, including removal of emergency funding ($235 million in budget authority and $167 million in
outlays) and inclusion of 2002 advance appropriation of $36 million (budget authority and outlays). The Senate
Budget Committee increases the committee's 302(a) allocation for emergencies when a bill is reported out of
conference. Prepared by SBC Majority Staff, 7-10-01.
Mr. CONRAD. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
[[Page S7458]]
Mr. BYRD. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, will the Senator from West Virginia yield
for a comment?
Mr. BYRD. Yes.
Mr. REID. Mr. President, around here it is easy for us to forget
people. I want the record to reflect what a good job Slade Gorton did
on this bill during the time he was the chairman of this subcommittee.
Slade is not in the Senate anymore. The record should be spread with
the fact that he did an outstanding job when he was chairman of the
subcommittee.
He was always willing to listen to us. He held meetings and was very
inclusive. I don't want to dwell on it other than to say that I have
not forgotten Slade Gorton and the good work he did on this bill. I am
confident that his successor, the Senator from Montana, will do just as
well.
I know as a Senator I learned a lot from Senator Gorton from the way
he handled things. I hope we will all remember Slade Gorton for his
dedication to the Senate and the good work he did.
Mr. BYRD. Mr. President, I join the distinguished Democratic whip in
recalling Slade Gorton. Slade Gorton was an outstanding chairman of
this subcommittee. On many occasions, I lauded Slade Gorton's
chairmanship. He was eminently fair, preeminently knowledgeable of the
bill. In conferences, he knew everything that a Senator ought to know
about the projects and the items at issue between the two Houses. I
have never seen a subcommittee chairman who was better than Slade
Gorton when he was chairman of this subcommittee.
He was also very kind and good to me. I am glad the distinguished
majority whip has had the thoughtfulness to mention Slade Gorton today.
Along this line, let me say that on yesterday, and the day before, we
worked hard to complete the supplemental appropriations bill. Senator
Stevens is the former chairman of the Appropriations Committee in the
Senate, about whom I have no hesitancy in saying, he was the best
chairman of the Appropriations Committee that I have seen in my 43
years in the Senate, including Robert Byrd. I have no hesitancy, not a
bit, in lauding a Republican. I have no hesitancy in saying, ``He is a
better man than I am, Gunga Din.''
I have seen some great chairmen of this committee, the Appropriations
Committee. Senator Russell, to me, was the finest Senator, the best
Senator with whom I have ever served in my 43 years in the Senate. He
was chairman of the Appropriations Committee at one time. There have
been other great Senators, such as Senator Stennis of Mississippi. He
was always courteous, always the gentleman. Then there was Senator Mark
Hatfield.
But times have changed and chairmen have to change in accordance with
the times and the circumstances. So in our time, in our day, Ted
Stevens is the best. I don't mind thinking I might have been second.
But I won't dare say that. It is a bit like Publius Cornelius Scipio
Africanus Major, who defeated Hannibal in the Battle of Zama in 202
B.C. He met Hannibal at Ephesus, and they walked together upon one
occasion and he asked Hannibal, ``Who was the greatest general?''
Hannibal thought for a moment, and then he said, ``Pyrrhus the Greek
from Epirus was the greatest. The second was Alexander. The third was
I, Hannibal.'' Whereupon, Scipio Africanus Major asked, ``Where would
you have placed yourself if I had not defeated you at Zama?'' Hannibal
thought for a moment, and then said, ``I would have been first.''
I did have the good fortune to chair this committee for 6 years. But
Ted Stevens I salute. He is a Republican, yes, but a great one, a fine
gentleman, a gentleman always, somebody who keeps his word. And he
doesn't put politics at the apex of all things that matter. Well, with
his assistance and his leadership, on yesterday we passed the
supplemental appropriations bill. The President requested $6.5 billion
and that bill did not exceed that request one thin dime.
The Senators' amendments were offset. The amendments that Senators
offered and were considered, if they were adopted, if they had to do
with money, were offset. Senators had offsets--meaningful offsets, not
``waste, fraud and abuse.'' There is no doubt but that there is some
waste, fraud, and abuse in the budget in every department, I would say,
in this Government. But we don't offset with false offsets. We had
everything appropriately offset.
There wasn't a single amendment designated as an ``emergency'' in
this Senate. The President had complained about the use of
``emergencies.'' Mr. Stevens and I believe there is a time and place
for emergencies, yes, but there is no question but that the designation
of ``emergency'' has been overdone in both Houses. And in the
supplemental appropriations bill that passed the House, there are $473
million in emergencies. Not $1 in the bill that passed the Senate was
designated as an emergency.
Where is the President going to stand on this when the bill goes to
conference? I hope he will let us know. What is his position going to
be with regard to the emergencies that were in the Republican-
controlled House bill? The first question that was ever asked in the
history of the human race was, when God entered the Garden of Eden in
the shadow of the evening, in the cool of the day, and he started
looking for Adam. Adam had hidden himself, and God said: ``Adam, where
art thou?'' That was the first question ever asked in the history of
mankind. ``Adam, where art thou?''
So, if I might, in my small way as a direct descendent of Adam, let
me ask the question of the President: Mr. President, where art thou in
regard to the $473 million in emergencies that are contained in the
House-passed bill? Let us know, Mr. President, where art thou? If I get
a chance to ask the President, I am going to say: Mr. President, where
art thou with respect to the $473 million that was added as emergencies
in the House bill? Where art thou? Let us know. We would like to know.
In any event, that is the kind of bill we passed in this Senate. No
emergencies, not one Indianhead copper penny above the President's
request, not one! Mr. Stevens and I had cooperation of the Senators on
both sides of the aisle. I could not resist the opportunity to say that
without Ted Stevens and his help, his assistance, his leadership on
that bill, the cooperation of Senators and staff on both sides, the
help of our distinguished Democratic whip, and our leaders, we could
not have accomplished that. So I take this opportunity to compliment
our colleagues.
Amendment No. 877
Mr. BYRD. Mr. President, I send a technical amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from West Virginia [Mr. Byrd] proposes an
amendment numbered 877.
Mr. BYRD. Mr. President, I ask unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To make a technical correction)
On page 152, line 4, strike ``$17,181,000'' and insert
``$72,640,000''.
Mr. BYRD. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of the amendment and that it be adopted.
The PRESIDING OFFICER. Without objection, it is so ordered.
Is there further debate on the amendment? If not, the question is on
agreeing to the amendment.
The amendment (No. 877) was agreed to.
Mr. BYRD. Mr. President, Senator Burns and I are here. We are at our
posts of duty. We are ready to entertain any requests for an amendment
by any Senator. The clock is running.
Mr. BURNS. We are open for business.
Mr. BYRD. The sign is out: Open for business. Senator Burns and I
join in urging the leadership and all Senators to let us know of any
amendments Senators intend to offer by no later than 4 p.m. today, and
it will be my hope that at 4 p.m. we can close out the window for
amendments. I hope all Senators within the sound of my voice and all
staffs within the reach of our joint voice will be alerted to the fact
that when the clock strikes 4 this afternoon, we expect to close out
the window on all amendments.
[[Page S7459]]
Mr. REID. Will the Senator from West Virginia yield for a comment?
Mr. BYRD. Absolutely; gladly.
Mr. REID. As directed by the two managers of this bill, we have asked
both Cloakrooms to clear their request: that there be a filing of
amendments by 4 o'clock today, which gives people ample time, many
hours. It was announced even prior to the break that the Interior bill
would be the first bill brought up, and we even indicated when it would
be brought up. So I hope we can get this cleared right away.
I say to my friend, the junior Senator from Montana, who has done
such a good job in getting this bill to this point, the holdup now is
on that side. Maybe if we go into a quorum call Senator Burns will be
gracious enough to see if he can move this along. Until that happens,
my experience is this bill is in a flounder.
Mr. BYRD. I thank the distinguished whip.
Mr. BURNS. Mr. President, it is my hope that we can do this by 4
o'clock this afternoon. There is no need for us to dillydally around
here when we have other things to do. I only have one thing I have to
do at 2 o'clock this afternoon. I have to introduce a couple of judges
who have been nominated to the Montana district court system. By the
time I get that done, 4 o'clock should be our cutoff.
We should be talking about amendments right now. There is no reason
why we cannot move this bill to final conclusion tomorrow.
Mr. REID. I believe the Senator from West Virginia still has the
floor, if I can make another comment.
Mr. BYRD. Surely.
Mr. REID. It is my thought, if the two managers agree, that at 12:30
p.m., if there is still a problem with hotlining, a unanimous consent
request be made and if anybody objects to it, they are going to have to
come here in person to object to it. That is my suggestion. On a bill
as important as this, we need to have the Senators, not the staff
lurking in some of these rooms around the Capitol complex making
objections for their Senators.
After we go into a quorum call, upon consulting with the two
managers, I make the suggestion that perhaps that is what we should do.
Mr. BYRD. Mr. President, I thank the distinguished Senator from
Nevada, the majority whip, for his suggestion. I like it. We have just
heard Senator Burns voice his opinion.
Mr. BURNS. We will do everything we can to get that taken care of. We
do not want to close anybody out either, understanding the sensitivity
of that. I believe we have made a reasonable request. I thank the
chairman.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. BYRD. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________